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2014-08-21
CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS AUGUST 21, 2014 SUMMARY OF BOARD ACTION AGENDA I. CALL TO ORDER - Chairperson. Planning Board /Board of Adjustment and Appeals, August 21, 2014, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice Chairperson Terry Burroughs Board Member Phil Baughman Board Member Karyne Brass Board Member Douglas McCoy Board Member Les McCreary Board Member Gary Ritter Alternate Board Member John Creasman Alternate Board Member (vacant position) Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty M. Burnette III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the May 15, 2014, Regular Meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 12 ACTION - DISCUSSION - VOTE Vice Chairperson Burroughs called the August 21, 2014, meeting to order at 6:01 p.m., held in the Council Chambers located at City Hall, 55 Southeast 3rd Avenue, Okeechobee, Florida 34974, Room 200. Board Secretary Burnette called the roll: Present (entered chambers at 6:07) Present Present Absent (with consent) Present Present Present (entered chambers at 6:14) Present (moved to voting position) Position Vacant Absent Present Present Board Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the May 15, 2014, Regular Meeting; seconded by Board Member Ritter. There was no discussion on this item. VOTE HOOVER - ABSENT MCCREARY - YEA BURROUGHS -YEA RITTER - ABSENT BAUGHMAN - YEA CREASMAN - YEA BRASS - ABSENT MOTION CARRIED. MCCOY - YEA Vice Chairperson Burroughs asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There being none, the agenda stands as published. 468 AGENDA V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. A. Petition No. 14- 002 -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 two Group Homes within a Light Commercial Zoning District, one operated as an inpatient, drug and alcohol rehabilitation detox facility, the second operated as a short -term residential physical, occupational rehabilitation and therapy center, (Ref. Sec. 90 -253 (16)), in addition to the existing Assisted Living Facility use, with only one of the three uses occupying the site at a time for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 NE 2nd Avenue, containing approximately 0.642 acres (Exhibit 1). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 002 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. AUGUST 21, 2014 - PLANNING BOARD - PAGE 2 OF 12 ACTION - DISCUSSION - VOTE VICE CHAIRPERSON BURROUGHS OPENED THE QUASI- JUDICIAL PUBLIC HEARING AT 6:04 P.M. Petition No. 14- 002 -SE was submitted by Dr. Muhammad Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to allow two Group Homes within a Light Commercial (CLT) Zoning District, one to be operated as an inpatient, drug and alcohol rehabilitation detox facility, the second to be operated as a short -term residential physical, occupational rehabilitation, and therapy center, (Ref. Sec. 90 -253 (16)), in addition to the existing Assisted Living Facility (ALF) use, with only one of the three uses occupying the site at a time for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 Northeast 2nd Avenue, containing approximately 0.642 acres. This being a quasi - judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Bill Brisson, Senior Planner, LaRue Planning and Management,1375 Jackson Street, Suite 206, Fort Myers, Florida, and Dr. Nooruddin of PO Box 448, Okeechobee, Florida. Vice Chairperson Burroughs yielded the floor to Planner Brisson who reviewed the Planning Staff Report findings by explaining the current use is a 32 -bed ALF which is classified as a Group Home. The applicant is requesting to add two new types of uses, and under no circumstance will more than one of the uses be operated on the property at one time. Planning Staff's recommendation for approval is based on two sets of criteria. One being the site's consistency with the current Land Development Regulations ( LDR's), and the other, findings required to consider a Special Exception. Planning Staff's responses to the applicant's presentation on consistency with the LDR's are that the location and specific site are appropriate for the proposed uses, the treatment for either use will occur entirely within the property and have no significant effects upon the surrounding properties, no additional buffering is necessary, there will be no significant effects upon the surrounding properties, there is not expected to be any increase in the demand upon utilities, sanitary sewer, or solid waste as the number of beds is not increasing from the current use, and it is expected that there may be a minimal increase in traffic as the period of residency among those undergoing rehabilitation will be less than that among the ALF residents. Planning Staff's responses to the applicant's presentation on the required findings to consider the Special Exception, are that the proposed use is not inherently contrary to the Comprehensive Plan. A Group Home is specifically listed as a Special Exception use in the CLT Zoning District. The uses, in and of itself, would not be expected to have an adverse effect upon the public interest. V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. A. 2. Hear from the Planning Staff, Special Exception Petition No. 14-002 - SE continued. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. `169 AUGUST 21, 2014 - PLANNING BOARD - PAGE 3 OF 12 ACTION - DISCUSSION - VOTE The particular uses requested are appropriate for the proposed location, compatible with adjacent uses and not detrimental to urbanizing land use patterns They are not believed to adversely affect property values or living conditions. No special screening treatments are necessary. The uses will not create a density pattern that will overburden public facilities such as streets, schools, and utility services. There may be a potential for a minimal increase in traffic although the uses will not create flooding or drainage problems, or otherwise affect public safety. Mr. Brisson is recommending approval with the following stipulations: No patient shall be admitted to a facility providing drug /alcohol rehabilitation unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight. No drug or alcohol rehabilitation patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his/her home. Dr. Nooruddin addressed the Board by explaining, due to a moratorium on the licensing for short -term residential physical, occupational rehabilitation and therapy centers by the State of Florida, he is needing to apply a second time for the Special Exception, as his previous one expired due to non -use. Additionally, his investment for the property should maintain value with having the three options for using the property, as currently, the the ALF is operating only at 50 percent occupancy. Board Member Ritter asked whether there was adequate parking for either of these uses, Mr. Brisson replied that since the number of beds was not changing, no additional parking was required. In response to Board Member Baughman inquiry as to what mechanism would be used by the City to control only one use being in operation at a time, it was explained that each specific use would require a Business Tax Receipt (license), and therefore only one would be issued at a time. During the course of this item, Vice Chair Burroughs passed the gavel to Chair Hoover for the remaining of the meeting, who then asked whether there were any comments or questions from those in attendance. Several members of the public spoke including, Ms. Fawn McNeil Barr, whose 91 year old mother, Dorothy Barr, has been a resident of The Heritage ALF for the past three years, and expressed concern for her health should she have to move her to another facility. Ms. Jessica Talavera, 406 Northeast 6th Street, Okeechobee, FL, is a tenant living next to the ALF and commented she does not have issues with the ALF or short -term residential physical, occupational rehabilitation and therapy center. She is concerned that the proposed detox center could possibly affect property values in the area as well as for children's safety. Ms. Marie Entry, 500 Northeast 3`d Avenue, Okeechobee, FL, has owned property by the ALF for many years. Mr. Bill Coyle, 306 Northeast 7th Street, Okeechobee, FL, is a speaker for a twelve step alcohol program and is very opposed to the proposed detox center, stating "the center would not be safe." 4'10 AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. A. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary, Special Exception Petition No. 14- 002-SE continued. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a motion to approve or deny petition. b) Board discussion on motion to approve or deny Petition No. 14-002 - SE continued. c) Vote on motion. B. Petition No. 14- 003 -SE, submitted by property owner Peggy M. Ociepka, to allow wholesale, warehouse not including bulk storage of flammable liquids within a Heavy Commercial Zoning District, (Section 90 -283 (3)) for the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9, 10, 12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street, containing approximately 0.844 acres (Exhibit 2). AUGUST 21, 2014 - PLANNING BOARD - PAGE 4 OF 12 ACTION - DISCUSSION - VOTE Secretary Burnette stated for the record, Petition No. 14- 002 -SE was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to twenty -one surrounding property owners. One notice was returned and no comments were received within her office. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to the applicant or anyone else regarding the application, or visited the site. There were none. Motion and second were made by Board Members Burroughs and Creasman based on the Planning Staff findings and recommendation, to approve Petition No. 14- 002 -SE, submitted by Dr. Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to allow two Group Homes uses within a Light Commercial Zoning District, one operated as an inpatient, drug and alcohol rehabilitation detox facility, the second operated as a short -term residential physical, occupational rehabilitation and therapy center, (Ref. Sec. 90 -253 (16)), in addition to the existing ALF use, with only one of the three uses occupying the site at a time for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 Northeast 2nd Avenue, containing approximately 0.642 acres, with the following stipulations: No patient shall be admitted to a facility providing drug /alcohol rehabilitation unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight. No drug or alcohol rehabilitation patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his /her home. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCREARY - No BURROUGHS -YEA RITTER - No BAUGHMAN - YEA CREASMAN - YEA BRASS - ABSENT MOTION CARRIED. MCCOY - YEA Petition No. 14- 003 -SE was submitted by property owner Peggy M. Ociepka, to allow wholesale, warehouse not including bulk storage of flammable liquids within a Heavy Commercial (CHV) Zoning District, (Section 90 -283 (3)) for the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9, 10, 12 and 13 of Block 3, Southwest Addition and located at 1127 Southwest Park Street, containing approximately 0.844 acres. V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 003 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. `I ?1 AUGUST 21, 2014 - PLANNING BOARD - PAGE 5 OF 12 ACTION DISCUSSION - VOTE This being a quasi - judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Bill Brisson, Senior Planner, LaRue Planning and Management,1375 Jackson Street, Suite 206, Fort Myers, Florida, and Mr. Elvie Posey, Berger Real Estate, 425 Southwest Park Street, Okeechobee, FL. Chairperson Hoover yielded the floor to Planner Brisson to present the Planning Staff Report, who explained the proposed activities of the business will include wholesale and retail sales and installation of automobile tires, and warehousing of the tires. The site was previously operated under the name of John's Auto Electric and Auto Service. The 1,320 square foot northernmost office/storage building was constructed in 1986 and the 3,000 square foot garage building adjacent to it was built in 1997. The 3,000 square -foot building appears to be nonconforming with respect to the required street side setback of 15 feet. This non - conformity will be permitted to continue without any adjustments. However, landscaping will be required to be brought up to code as reasonably as possible, together with improving four parking spaces on the East side and the driveway is to be improved with concrete or asphalt. Planning Staff's recommendation for approval is based on two sets of criteria. One being the site's consistency with the current LDR's, and the other, findings required to consider a Special Exception. Planning Staff's responses to the applicants presentation on consistency with the LDR's are that the location and site are appropriate for the use. The use will occur entirely within the property and should not have significant effects upon the surrounding properties, and no special visual screening should be necessary, although the new owner will be required to provide landscape buffers in conformance with City Codes. Assuming there will be no outside storage of materials, there will be no significant effects upon the surrounding properties, there is not expected to be any increase in the demand upon utilities, sanitary sewer, or solid waste as the proposed activities are not expected to place any greater demand on the public services from the previous use. Traffic may modestly increase though that increase can be accommodated within the capacity of the property and access roads. The new owner is not required to provide additional parking, though existing four un -paved parking and driveway needs to be improved to City standards. Planning Staff's responses to the applicant's presentation on the required findings to consider the Special Exception, are that the proposed use is not contrary to the Comprehensive Plan. Wholesale, warehouse not including bulk storage of flammable liquids is specifically listed as a Special Exception use in the CHV District Regulations. 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 effect upon the public interest. This particular use is appropriate for the proposed location, compatible with adjacent uses and not detrimental to urbanizing land use patterns. The proposed use should not adversely affect property values or living conditions. No special visual screening will be necessary. V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 2. Hear from Planning Staff, Special Exception 14- 003 -SE continued. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a motion to approve or deny petition Special Exception 14- 003-SE continued. AUGUST 21, 2014 - PLANNING BOARD - PAGE 6 OF 12 ACTION - DISCUSSION - VOTE However, as a result of the impending transfer in ownership, the new owner will be required to provide landscape buffers in conformance with the requirements of the City's Code. Density is not an issue with a commercial use and no significant increase in commercial intensity is envisioned that would have a negative effect upon public services or facilities. Traffic congestion will not be increased nor will traffic safety be compromised by location of the proposed use. There should be little or no change in the drainage situation since there is no physical change to the structures or other improvements except for the paving of the four parking spaces and repaving of the driveway. Mr. Brisson is recommending approval with the following stipulations: the four parking spaces on the East side of the office are improved to City standards with pavers or other dustless surface, the driveway is improved to City standards with a dustless surface and landscape buffers are provided in conformance with requirements of Sections 90 -532 and 90 -534 of the LDR's. Mr. Posey, Agent representing the property owner addressed the Board by explaining there is a pending sale on the property and the buyer was fully aware of the requirements that are needed to bring the property into compliance, adding further, its anticipated the new use will create up to ten jobs. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to the applicant or anyone else regarding the application, or visited the site. Board Member Baughman disclosed he helped the contractor figure out a cost and Board Member Burroughs, in his capacity of President of the Chamber of Commerce, received an email from the prospective buyer of the property, Mr. Aaron Feng, and had conversations with Mr. Posey in locating a property for the proposed business. Motion and second by Board Members Baughman and McCoy, based on the Planning Staff findings and recommendation, to approve Petition No. 14- 003 -SE, submitted by the property owner, Mrs. Ociepka, to allow wholesale, warehouse not including bulk storage of flammable liquids within a CHV Zoning District, (Section 90 -283 (3)) for the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9, 10,12 and 13 of Block 3, Southwest Addition and located at 1127 West South Park Street, containing approximately 0.844 acres, with the following conditions; the four parking spaces on the East side of the office are improved to City standards with pavers or other dustless surface, the driveway is improved to City standards with a dustless surface and landscape buffers are provided in conformance with requirements of Sections 90 -532 and 90 -534 of the LDR's. AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 6. b) Board discussion, on motion to approve or deny petition Special Exception 14- 003 -SE. c) Vote on motion. C. Petition No. 14- 004 -SE, submitted by property owner Peggy M. Ociepka, to allow Mechanical and Repair Services within a Heavy Commercial Zoning District, (Section 90 -283 (7)) for the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9, 10, 12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street, containing approximately 0.844 acres (Exhibit 3). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 004 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff, Special Exception 14- 004 -SE. AUGUST 21, 2014 - PLANNING BOARD - PAGE 7 OF 12 ACTION DISCUSSION VOTE Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCREARY - YEA BURROUGHS -YEA RITTER - YEA BAUGHMAN - YEA CREASMAN - YEA BRASS - ABSENT MOTION CARRIED MCCOY - YEA Petition No. 14- 004 -SE was submitted by property owner Peggy M. Ociepka, to allow Mechanical and Repair Services within a CHV Zoning District, (Section 90 -283 (7)) for the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9, 10, 12 and 13 of Block 3, Southwest Addition and located at 1127 West South Park Street, containing approximately 0.844 acres. This being a quasi - judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Mr. Brisson, of LaRue Planning and Management,1375 Jackson Street, Suite 206, Fort Myers, Florida, and Mr. Posey of Berger Real Estate, 425 West South Park Street, Okeechobee, FL. Chairperson Hoover yielded the floor to Planner Brisson who presented the Planning Staff Report and explained, this is for the same property as the previous petition. The activities of the business will include general auto repairs including air condition repairs, tune -ups and minor engine repairs with all of the activities to be conducted within the buildings. The site was previously operated under the name of John's Auto Electric and Auto Service. The 1,320 square -foot northernmost office /storage building was constructed in 1986 and the 3,000 square foot garage building adjacent to it was built in 1997. The 3,000 square -foot building appears to be nonconforming with respect to the required street side setback of 15 feet. This non - conformity will be permitted to continue without any adjustments. However, landscaping will be required to be brought up to code as reasonably as possible, together with improving four parking spaces on the East side and the driveway is to be improved with concrete or asphalt. Planning Staff's recommendation for approval is based on two sets of criteria. One being the site's consistency with the current LDR's, and the other, findings required to consider a Special Exception. Planning Staff's responses to the applicant's presentation on consistency with the LDR's are the same as the previous application and as follows: the location and site are appropriate for the use, and will occur entirely within the property and have no significant effects upon the surrounding properties. 4 "I LI V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. C. 2. Hear from Planning Staff, Special Exception 14- 004 -SE continued. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. AUGUST 21, 2014 - PLANNING BOARD - PAGE 8 OF 12 ACTION DISCUSSION - VOTE No special visual screening will be necessary, although the new owner will be required to provide landscape buffers in conformance with City Codes, assuming there will be no repairs or installation activity conducted outside the building, there will be no significant effects upon the surrounding properties, there is not expected to be any increase in the demand upon utilities, sanitary sewer, or solid waste as the proposed activities are not expected to place any greater demand on the public services from the previous use, and it is expected that traffic may modestly increase though that increase can be accommodated within the capacity of the property and access roads, the new owner is not required to provide additional parking, though needs to improved to City standards. Planning Staff's responses to the applicant's presentation on the required findings to consider the Special Exception, are that the proposed use is not contrary to the Comprehensive Plan. Mechanical and repair service is specifically listed as a Special Exception use in the CHV Zoning District. 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 effect upon the public interest. This particular use is appropriate for the proposed location, compatible with adjacent uses and not detrimental to urbanizing and use patterns. The proposed use should not adversely affect property values or living conditions. No special visual screening will be necessary. However, as a result of the impending transfer in ownership, the new owner will be required to provide landscape buffers in conformance with the requirements of the City's Code. Density is not an issue with a commercial use and no significant increase in commercial intensity is envisioned that would have a negative effect upon public services or facilities. Traffic congestion will not be increased nor will traffic safety be compromised by location of the proposed use. There should be little or no change in the drainage situation since there is no physical change to the structures or other improvements except for the paving of the four parking spaces and repaving of the driveway. Mr. Brisson is recommending approval with the following stipulations: the four parking spaces on the East side of the office are improved to City standards with pavers or other dustless surface, the driveway is improved to City standards with a dustless surface and landscape buffers are provided in conformance with requirements of Sections 90 -532 and 90 -534 of the LDR's. Mr. Posey, was present for questions. There were none. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to the applicant or anyone else regarding the application, or visited the site. The same disclosures as stated in previous item were noted by Board Members Baughman and Burroughs. V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. C. 6. a) Consideration of a motion to approve or deny petition, b) Board discussion. c) Vote on motion. D. Petition No. 14-005-SE, submitted by Tammie Henderson on behalf of property owner, CSW 13, LLC, to allow a day care center within the Commercial Professional Office Zoning District (Ref. Sec. 90 -223 (1)) for Lots 11 and 12 of Block 35 and Lot 7 and the North 1/2 of Lot 8 of Block 40, 1St Addition to South Okeechobee and located at 1811 SW 2nd Avenue, containing approximately 0.569 acres (Exhibit 4). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 005 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. AUGUST 21, 2014 - PLANNING BOARD - PAGE 9 OF 124 7 5 ACTION - DISCUSSION - VOTE Motion and second by Board Members Ritter and McCreary, based on the Planning Staff findings and recommendation, to approve Petition No. 14- 004 -SE, submitted by property owner, Mrs. Ociepka, to allow Mechanical and Repair Services within a CHV Zoning District, (Section 90 -283 (7)) for the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9, 10, 12 and 13 of Block 3, Southwest Addition and located at 1127 West South Park Street, containing approximately 0.844 acres with the following conditions, the four parking spaces on the East side of the office are improved to City standards with pavers or other dustless surface, the driveway is improved to City standards with a dustless surface and landscape buffers are provided in conformance with requirements of Sections 90 -532 and 90 -534 of the LDR's. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCREARY - YEA BURROUGHS -YEA RITTER - YEA BAUGHMAN - YEA CREASMAN - YEA BRASS - ABSENT MOTION CARRIED MCCOY - YEA Petition No. 14- 005 -SE was submitted by Tammie Henderson on behalf of property owner, CSW 13, LLC, to allow a day care center within the Commercial Professional Office (CPO) Zoning District (Ref. Sec. 90 -223 (1)) for Lots 11 and 12 of Block 35 and Lot 7 and the North -half of Lot 8 of Block 40, First Addition to South Okeechobee and located at 1811 Southwest 2nd Avenue, containing approximately 0.569 acres. This being a quasi - judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Mr Brisson of LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida, Attorney John Cassells of Cassells and McCall, for the applicant, Ms. Henderson, and Mr. Carroll Word of 1080 Southeast 23`d Street, Okeechobee, Florida. Chairperson Hoover yielded the floor to Planner Brisson who explained the property involves two lots separated by platted though unimproved Southwest 19th Street. The property has been used in the past as a daycare facility and private school and the buildings are currently vacant. The applicant wishes to operate a daycare facility during the hours of 6:00 a.m. to 6:00 p.m., Monday through Friday. There will be 10 employees. Children will be mainly indoors, though will play in the fenced area playground at various times during the day. The existing buildings are nonconforming structures as neither structure conforms to the required 25 -foot minimum side yard, in relation to the adjoining properties to the immediate north and south. The new owner will not be required to address these non - conformities. V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. D. 2. Hear from Planning Staff regarding Petition No. 14-005-SE continued. AUGUST 21, 2014 - PLANNING BOARD - PAGE 10 OF 12 ACTION - DISCUSSION °- VOTE However, the property is also non - conforming as to parking requirements, which are one space for every five students plus one for each employee, with and estimated 99 students and 10 employees, the parking requirement is 30 spaces. Section 90 -35(d) sets forth the regulations governing how a nonconforming structure is treated when the underlying land is sold. Section 90- 35(d)(1) requires that those portions of the property that have been used for off - street parking, but are unpaved or unmarked or otherwise do not meet the City's design standards, should be improved to City standards. Sec. 90- 511(e) requires, with some exceptions, that all parking spaces be paved. Therefore, we suggest that the deteriorating portion of the driveway on the northern part of the property should be repaved and the unpaved part of the southern driveway and parking area should be paved. Parking spaces for employees should be marked and handicapped spaces should be identified and meet state standards Planning Staff's recommendation for approval is based on two sets of criteria. One being the site's consistency with the current LDR's, and the other, findings required to consider a Special Exception. Planning Staff's responses to the applicants presentation on consistency with the LDR's are the location and site are appropriate for the use as a daycare center, is generally considered appropriate in proximity to commercial and public /semi - public uses such as churches and is compatible with nearby residential uses. The subject property and associated buildings have been laid out, designed and used for daycare purposes in the past. No specific design efforts are necessary, no special visual screening will be necessary beyond the standard landscaping and buffering requirements of the LDR's. The most common impacts of daycare centers are traffic, especially during drop -off and pick -up times; and noise to adjacent residential uses of children playing outdoors. The new proposed daycare is expected to have the same number of students as the previous. A traffic analysis was not necessary though depending on how the circular driveways are to be used, some back -up onto Southwest 2nd Avenue might be expected. There is not expected to be any increase in the demand upon utilities such as sanitary sewer, or solid waste, the proposed activities are not expected to place any greater demand on the public services from the previous use. Planning Staff's responses to the applicant's presentation on the required findings to consider the Special Exception, are that the proposed use is not contrary to the Comprehensive Plan. A daycare center is specifically listed as a Special Exception use in the CPO Zoning District. 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 effect upon the public interest. This particular use is appropriate for the proposed location, compatible with adjacent uses and not detrimental to urbanizing land use patterns. The proposed use should not adversely affect property values or living conditions. Depending on how the two circular driveways are to be used, one might expect some back up onto Southwest 2nd Avenue during pick -up and drop - off. Density is not an issue with a commercial use and no significant increase in commercial intensity is envisioned that would have a negative effect upon public services or facilities. V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. D. 2. Hear from Planning Staff regarding Petition No. 14- 005 -SE continued. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson AUGUST 21, 2014 - PLANNING BOARD - PAGE 11 OF 124 7 7 ACTION DISCUSSION - VOTE congestion will not be increased nor will traffic safety be compromised by location of the proposed use. There should be little or no change in the drainage situation since there is no physical change to the structure or other improvements on the property, drainage will remain essentially the same as previous. Mr. Brisson is recommending approval with the following stipulation: the driveway and parking need to be brought up to City Codes. Attorney Cassells addressed the Board stating there is a pending contract for the sale of the property and that he needed clarification on exactly what the requirements were regarding improving the condition of the driveways. Mr. Word stated that the driveways were constructed of asphalt millings, there were no pot holes, and there is a handicap space with a ramp. Mr. Brisson responded the driveways need to be a dustless surface which would be asphalt or concrete as per City Code. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to the applicant or anyone else regarding the application, or visited the site. There were none. Board Member Baughman moved to approve Petition No. 14- 005 -SE, submitted by Tammie Henderson on behalf of property owner, CSW 13, LLC, to allow a day care center within CPO Zoning District (Ref. Sec. 90 -223 (1)) for Lots 11 and 12 of Block 35 and Lot 7 and the North -half of Lot 8 of Block 40, First st Addition to South Okeechobee and located at 1811 Southwest 2' Avenue, containing approximately 0.569 acres, with the following stipulation: the driveway and parking area need to be brought up to City Codes, seconded by Board Member Ritter. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCREARY - YEA BURROUGHS -YEA RITTER - YEA BAUGHMAN - YEA CREASMAN - YEA BRASS - ABSENT MOTION CARRIED CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 8:06 P.M. MCCOY - YEA 478 AUGUST 21, 2014 - PLANNING BOARD - PAGE 12 OF 12 AGENDA VI. NEW BUSINESS. A. Hear from Board Members of issues surrounding new businesses opening or relocating within the City relating to meeting requirements of permitted uses, special exception uses and/or parking requirement; consider methods to review current regulations to bring them up to date and make them more pro- active and inviting for businesses to relocate within the City - Chairperson Hoover. B. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. ATTEST: �.f RLLnLJL Patty M. Burnette, Secretary Dawn T. Hoover, Chairperson ACTION = DISCUSSION - VOTE Chairperson Hoover began the discussion by stating that there are many areas in the City that have become difficult for businesses to occupy, and elaborated that some of the issues could stem from the limited types of uses allowed within the CPO Districts. The other issue within many of the zoning districts is meeting the existing parking requirements. She suggested the Board be pro- active and find alternatives to address these issues. The questions raised were how should the City address the lack of parking so that businesses can locate in the City and vacant buildings can be occupied, as well as more permitted and /or Special Exception uses be permitted in certain zoning districts. Board Members suggested the City research the feasibility of constructing a parking lot or parking garage within the downtown area of West South Park Street, as it is the centralized business district. In conclusion, while no official action was taken, the members were tasked to research the various issues, and possible solutions for further discussion at a workshop session in coordination with the Planner and City Staff. Chairperson Hoover asked whether there were any additional requests for amendments to the City's Land Development Regulations. There were none. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 8:26 p.m. I. CaII To Order - Chairperson: V Jt Chair Hoover ealted -the August 21, 2014, Planning Board /Board of Adjustment and Appeals Regular Meeting to order at £Q:c ( p.m. City of Okeechobee Planning Board /Board of Adjustment and Appeals Patty's Hand written Minutes August 21, 2014 Pg 1 ofl II. Chairperson, Board Member Staff Attendance - Secretary. III. Minutes - Secretary. A. Board Member Ln , moved to dispense with the reading and approve the Summary of Planning Board /Board djustment and Appeals Action for the May 15, 2014 regular meeting; seconded by Board Member C. (I Discussion: kre VOTE ,L'tRESENT ABSENT ON OR W/0 CONSENT) Chairperson Hoover NAY 4 /0-•01 NONVOTING Vice Chairperson Burroughs HOOVER Board Member Baughman ✓ ''` Board Member Brass Board Member McCoy i� Board Member McCreary BAUGHMAN Board Member Ritter r7,r It Alternate Board Member Creasman V (VtovGi. 4-6 Vo 9 ( Alternate Board Member (vacant position) Planning Consultant Brisson, Senior Planner ✓ MCCOY Board Attorney Cook V Board Secretary Burnette yr III. Minutes - Secretary. A. Board Member Ln , moved to dispense with the reading and approve the Summary of Planning Board /Board djustment and Appeals Action for the May 15, 2014 regular meeting; seconded by Board Member C. (I Discussion: kre VOTE YEA NAY .r ABSENT \ NONVOTING ABSTAINED HOOVER 1 ✓ ''` BURROUGHS t/ BAUGHMAN / V BRASS MCCOY yr MCCREARY ./ `DAR RITTER ✓ N� `^- CREASMAN RFSULTS. CARRIFD / DFNIFD IV. V. August 21, 2014- PB /BOA Minute Guide - Page 2 of Agenda - Chairperson. A. Chair Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. A. Petition No. 14- 002 -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 two Group Homes within a Light Commercial Zoning District, one operated as an inpatient, drug and alcohol rehabilitation detox facility, the second operated as a short -term residential physical, occupational rehabilitation and therapy center, (Ref. Sec. 90 -253 (16)), in addition to the existing Assisted Living Facility use, with only one of the three uses occupying the site at a time for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 NE 2nd Avenue, containing approximately 0.642 acres (Exhibit 1). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 002 -SE will be required to take Bri 5,crn an oath, respond, and give your full name and address). Rut u_t_541,n 2. Hear from Planning Staff. + y pts of 6 map 4 -floats -Foy nO��U�e_. C u,r r� 1' a-P Pr°V S have, P, red Ca-n o pe a of {�loese two SE s as Loot as ai_f 664 adbl4Frt 61-ere (VW DLL ,�q ° Irj„Lirt On `jw-1( QAtroutoq Bu rrt��, k 5 0on`i r m; r9 b �rcuhO J nos Gina ands ea p�►�� Qe,4 -w fees � n� use_ at a., firvk-2 i ,irn�. is tat, D pe'rec't` �j (lit( - 4 r 4ere of t && 54-axtd.644.5 fqot re e ,x(644 p-Ve, l t' 4' loazic tJ� , August 21, 2014- PB /BOA Minute Guide - Page 3 of (9.--D ce, off; Q5 August 21, 2014- PB /BOA Minute Guide - Page 5 of „910 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. ji1S 1-1-1 SE Dom e-- cti, 44-e' 3 y rs dies- cakstavul /1/101-1-(A--- - lam Cacid 4 41 ho5p' dQSS l e4; +0 a Cc / � f y ves �e�rt jly 1.-)C (off' o � l- C 6 ✓Vl v r 4--t6 1..2,. (,S ct,� r n a.re� C Bai rd wj LI 6. a) ondot o rte( �h�yvus r 't (op ✓h j Qnsu)QX• Disclosure of Ex -Parte Communications' by the Board. Consideration of a motion to approve or deny petition. nup, It Obb 1970? Ge nCan4 k✓ h7e 6. de 17) 5/. p.ect. oar- - ,✓ a s+e p progru,W\ -Foy ea c ,hd1 rroya,,v, Board Member 1/inc� S moved to approve /deny Petition No. 14- 002 -SE, submitted by Muhamma .00ruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to allow two Group Homes' i in a Light Commercial Zoning District, one operated as an inpatient, drug and alcohol rehabilitation detox facility, the second operated as a short -term residential physical, occupational rehabilitation and therapy center, (Ref. Sec. 90 -253 (16)), in addition to the existing Assisted Living Facility use, with only one of the three uses occupying the site at a time for Lots 3 to 6 of Block 78, City,pf Okeechobee, and located at 608 NE 2nd Avenue, containing approximately 0.642 acres, seconded by Board Member ( re rn til a n ur 5� • p a tn1 pq OYL "'Pk- f e kAYeT -frb ►mot ro✓ b) Board discussion. c) Vote on motion. August 21, 2014- PB /BOA Minute Guide - Page 6 of �'D VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BURROUGHS BAUGHMAN BRASS MCCOY ,� fc.CAR t.V R ITT.R� / CREASMAN ��✓ RFSUt TS. Cat ARRIFD i DFNIFD August 21, 2014- PB /BOA Minute Guide - Page 7 of B. Petition No. 14- 003 -SE, submitted by property owner Peggy M. Ociepka, to allow Wholesale, warehouse not including bulk storage of flammable liquids within a Heavy Commercial Zoning District, (Section 90 -283 (3)) for the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9, 10, 12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street, containing approximately 0.844 acres (Exhibit 2). 1. . Administer of Oath (anyone intending to offer testimony on Petition No. 14- 003 -SE will be required to take 55 an oath, respond, and give your full name and address). 141'1 1211611 ciol 1°1( 2. Hear from Planning Staff. a-PP ` rvt cnoi YQ c P"e" Y�' 4 re i p root, I s c ap cspcua peul 0rYuQ `—"y 1115.0 w o 31, 3. Hear from the Property Owner or designee /agent. ale e 11 August 21, 2014- PB /BOA Minute Guide - Page 8 of ; EuSf 9 r.e se. -t-7 v� ALs - ()etc pJ YeAdA"c`A PO-Wit-if e irn.- ^� � +" Coca_ • im °L' o,s� - L1-&-ctJ are Gut-run-L/1 u_f 4_0 U c� ( t 1 cues 0 �:-o bnnY P'�' August 21, 2014- PB /BOA Minute Guide - Page 9 of 20 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. c C ��u'`� �r frewilAd- -� , burs C�,U� �h,rh- M . Pv L`' carat co'-. August 21, 2014- PB /BOA Minute Guide - Page 10 of a0 6 a) Consideration of a motion t pprove gr deny petition. QBoard Member moved to approve /deny Petition No. 14- 003 -SE, submitted by property owner Peggy M. Ociepka, to allow Wholesale, warehouse not including bulk storage of flammable liquids within a Heavy Commercial Zoning District, (Section 90 -283 (3)) for the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9, 10, 12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street, containing approximately 0.844 acres, seconded by Board Member e 0 . t,3) otzWil r‘ pc0 b) Board discussion. ®� (Kcal c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER `,, BURROUGHS BAUGHMAN BRASS 'f MCCOY ✓ MCCREARY V RITTER V CREASMAN RFSUI TS. C6RIFD\ DFNIFD August 21, 2014- PB /BOA Minute Guide - Page 11 of av C. Petition No. 14- 004 -SE, submitted by property owner Peggy M. Ociepka, to allow Mechanical and Repair Services within a Heavy Commercial Zoning District, (Section 90 -283 (7)) for the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9, 10, 12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street, containing approximately 0.844 acres (Exhibit 3). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 004 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. ao August 21, 2014- PB /BOA Minute Guide - Page 12 of 3. Hear from the Property Owner or designee /agent. August 21, 2014- PB /BOA Minute Guide - Page 13 of 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a motion to approve or deny petition. Board Member 4e-17 moved t , prove /d :ny Petition No. 14- 004 -SE, submitted by property owner Peggy M. Ociepka, to allow Mechanical and Repair Se - in a Heavy Commercial Zoning District, (Section 90 -283 (7)) for the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9, 10, 12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street, containing approximately 0.844 acres, seconded by Board Member A e rc4 Sf IoEnd� s (isedtin (Q pD (�-' ( &d (W Jb ( c o /a VOTE IDEA NAY ABSENT NONVOTING ABSTAINED HOOVER /✓/ BURROUGHS BAUGHMAN /J �/ BRASS a/ MCCOY MCCREARY RITTER CREASMAN RFSIII TS. ARRIFD DFNIFD b) Board discussion. c) Vote on motion. August 21, 2014- PB /BOA Minute Guide - Page 14 of 0-0 D. Petition No. 14- 005 -SE, submitted by Tammie Henderson on behalf of property owner, CSW 13, LLC, to allow a flay care center within the Commercial Professional Office Zoning District (Ref. Sec. 90 -223 (1)) for Lots 11 and 12 of Block 35 and Lot 7 and the North 1/2 of Lot 8 of Block 40, 1st Addition to South Okeechobee and located at 1811 SW 2nd Avenue, containing approximately 0.569 acres (Exhibit 4). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 005 -SE will be required to take an oath, respond, and give your full name and address). Rut ( 2. Hear from Planning Staff. `care Cote..ul1� a -cei s se nc.,t-a.-1 -e d S q4 k S�- Om c cr Po (w -a4,-.) 5p r LL r o August 21, 2014- PB /BOA Minute Guide - Page 15 of a-® ..i4e1-c l� v)5-1,j poingct-tui new: d t 313, August 21, 2014- PB /BOA Minute Guide - Page 16 of `R. 1(— q_ pc,,u,Ids LFu_c - F' s -� r vt ✓a c� W, fl ► . 1)e auto cL t v�s�ead 0 Pptcurr." -ice , C{6 u),'1 no Lt) U 1( r o cl.c 3. Hear from the Property Owner or designee /agent. o h Cs ce S Pt e C a.n,4 ��r 6J�r,�.e/4 -9 float/ C,arro a (�e''d C5 g 1 Dkj 4"2"r o4.c; . C CSIA_ s O Artie-cam(,, sc aD T kAvv 41AA -2 (-(e-As--t-,'z , - h` cc,ttoi,)s ox.)5-4er-t-t) 41,14. KaA&A.,;_cet.p (A.)1 NvatAlca_40 raftq. owls QC� 'aaM 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. August 21, 2014- PB /BOA Minute Guide - Page 17 of : -2 �/ 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a motion to approve or deny petition. Board Member over to approve /de y Petition No. 14- 005 -SE, submitted by Tammie Henderson on behalf of property owner, CSW 13, LLC, t re center within the Commercial Professional Office Zoning District (Ref. Sec. 90 -223 (1)) for Lots 11 and 12 of Block 35 and Lot 7 and the North 1/2 of Lot 8 of Block 40, 1st Addition to South Oke hobee and located at 1811 SW 2nd Avenue, containing approximately 0.569 acres, seconded by Board Member cesnAkti (41 0-r4-1---4- v wP uxu-r ct.h., (JAL, b) Board discussion. c) Vote on motion. August 21, 2014- PB /BOA Minute Guide - Page 18 of VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BURROUGHS BAUGHMAN BRASS MCCOY MCCREARY RITTER CREASMAN RFSUI TS. CA RIFD 1 DFNIFD CLOSE PU IC HEARIN.. - Chairperson. VI. NEW BUSINESS. A. Hear from Board Members of issues surrounding new businesses opening or relocating within the City relating to meeting requirements of permitted uses, special exception uses and /or parking requirement; consider methods to review current regulations to bring them up to date and make them more pro- active and inviting for businesses to relocate within the City - Chairperson Hoover. August 21, 2014- PB /BOA Minute Guide - Page 19 of Po Zoot 'nj ' Did 9 r. (,5 - Rtfcu�it i r►t re, b drr� t,t% cites `f W Gest_ s+'r-Li 4 p /4 -1:4,1 cPa — (t, c Ottiotwx--k_x\-. .ft) 0,12- &Ili( 4-0 Loi o - o� & CAP ruu Sb c PoAduAf-i I 'h . l—S , ,tie, s on S- r-e,e- +- S _7-1 Ira -v�- ,nom 04- a • t ►teems' ha e_ l spa c_2 August 21, 2014- PB /BOA Minute Guide - Pag93 of v B. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. NtAl VII. ADJOURN - Chairperson. 'Per Resolution No. 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863 - 763 -3372. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. C04-A4--ktruAec... ( 6 fAci Ada ��� Cure d° z ek.A,-,_4_ 3,0 St Ch(Pk C>Girdt, axe „cu› 0 I--we, ex-)ticixrk- 1 ab-li 'k-( Sr-wx-e. a-0_6._ U1/4.1b11L- (ol-- CoYket, -1--.0a)(- GtAool,cf 61-)36'u' 4-D SAP u'ibu b seks S f01 ko (DP ob,, A Alk 0, A eg A Ait Alt AA- 01( faik 3-440 - • . Af J -e /vie r Az, eet/Lt-Alq )10.- .5freet petkit 151 b5/1/ 6-; Not &PAIL_ 1,d (-7( bu"Mij 61-kt Lt,-w. VtA NV-et — Mxat sp-ttve-hfriegY - bu -74M I be Abtl wow sstir -1/1AcCel_L vl pd,A_ikt9 h./ octit 1,.14 sfriel AUGUST 21, 2014 - PB /BOA AGENDA - PAGE 2 OF 4 V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. A. Petition No. 14- 002 -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 two Group Homes within a Light Commercial Zoning District, one operated as an inpatient, drug and alcohol rehabilitation detox facility, the second operated as a short- term residential physical, occupational rehabilitation and therapy center, (Ref. Sec. 90 -253 (16)), in addition to the existing Assisted Living Facility use, with only one of the three uses occupying the site at a time for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 NE 2nd Avenue, containing approximately 0.642 acres (Exhibit 1). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14-002-SE will be required to take an oath, respond, and give your full name and address) 2. Hear from Planning Staff. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. Petitio a o. 14- 003 -SE mitted by property owner Peggy M. Ociepka, to allow Wholesale, warehouse not including bulk storage of flammable liquids within eavy Co - is oning District, (Section 90 -283 (3)) for the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9,10,12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street, containing approximately 0.844 acres (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14-003-SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. Petition No. 004 -SE submitted by property owner Peggy M. Ociepka, to allow Mechanical and Repair Services within a Heavy Commercial Zoning District, (Section 90 -28 lor the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9, 10, 12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street, containing approximately 0.844 acres (Exhibit 3). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 004 -SE will be required to take an oath, respond, and give your full n mend address). PLt. L,v ryl A ct e...'^ may` ► C '� C � t5 � yvU i)tet Aj-f- A,w 4 mfr roo tk' tZfirgebirli' Jam,,,. - SAY e/tr tog' C lU6T rrrD M/t I ��`� 11we3 'a'✓ 14.77- 0.1"L 11147:14)1 Pitv7 NOTSA /Z 5 T,`'7 cypost x/00 9, CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MEETING AUGUST 21, 2014 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: August 21, 2014, Planning Board /Board of Adjustment and Appeals Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Okeechobee, FL. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice - Chairperson Terry Burroughs Board Member Phil Baughman Board Member Karyne Brass Board Member Douglas McCoy Board Member Les McCreary Board Member Gary Ritter Alternate Board Member John Creasman Alternate Board Member (vacant position) Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the May 15, 2014, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. INDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863 - 763 -3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a r in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of f W Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement forpublication in the said newspaper. Sworn to and subscribed before ,rne this r, Cie day of , Notary Public,, - State of Flori da at Large Lf. Katrina Elsken AD ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 Bonded Thai Notary Public Underwriters NOTICE OF QTY PLANNING ngBOARD MEETING Planning oThhursday August 21, Board 014 at 6 M, as the or as Local thereafter a possible, at City Nall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider any proposed amendments to the adopted Land Develop- ment, areuforwarded(dDR i submitted r ��on, to the CRy citizens. All for final consideration. with All Interested parties are encouraged to attend. Please contact General Ser- vices at 863-763-3372, or webslte, dtyofokeechobee.com, to obtain a copy of the agenda or to view the proposed amendments. ANY PERSON DECIDING TO APPEAL any decidon made by the Planning Board with respell to any matter considered at this meeting will need to en- sure tlie testimony and evidence the pp000nw which the is appeal will will be based. In accor- dance with the Americans wIth Disabilities A ADA), any person with a disability as defined the ADA, that needs s I accommodation to par- ticipate business days to proceeding, contact the Genera 63 -3�� Office no later than BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or opposition to any item on the agenda; ; copy arc Secretary for ON's records. video, or Rem must be provided to the BY: Brian Whitehall, Zoning Administrator 466805 ON R/15/2014 1JDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863- 763 -3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the )natter of 4— in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -�3: r 3 1.)0 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 aftiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. r J9 Katrina Elsken Sworn to and s 4 scribed beforpne this day ofc �y :2G C1 / Notary Public, State of Florida at Large S ,r<ti"°ir t ?%• ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 Bonded Thru Notary Public Undemiters AD 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, August 21, 2014 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 5E 3rd Ave, Council Cham- bers, Rm 200, Okeechobee, Florida. The agenda is available on the City website www.cityofokeechobee.com, or contact the General Services De- partment, pburnette @cityofokeechobee.com, 863 - 763 -3372 x 218. Under consideration is Special Exception Petition No. 14- 002 -5E, submit- ted by Mr. Muhammad Nooruddin, Manager, on behalf of property owner, A.M.S.A. Holdings, LLC, and EAAAS Holdings, LLC, to allow two Group Homes within a Light Commercial (CLT) Zoning District, Ref. Code Book Section 90- 253(16). The proposed use is for one Group Home to be operat- ed as an Inpatient Drug and Alcohol Rehabilitation Detoxification Facility, and the second one to be operated as a Short-Term Residential, Physical, Occupational Rehabilitation and Therapy Center, in addition to the existing Assisted Living Facility use, with only one of the three uses occupying the site atpaa time. City of Oke techobee located Book 5? Page 5 Okeechobee County public Block and is approximately 0.642 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'o� Adjustment and Appeals serves as the decision making body (quasi - judicial), on behalf of the City, to approve or deny Special Excep- tions. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting wit need to ensure a ver- batim record of the proceeding is made and the record includes the testimo- ny and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as de- fined by the ADA, that heeds special accommodation to participate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863-763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. by: Brian Whitehall, Zoning Administrator Petition No. 14- 002 -SE 466588 ON 8/3,13/2014 kliDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863- 763 -3134 STATE OF FLORIDA COUNTY OF OKFI ?CH.OBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a ./17ir- in the matter of / C t in the I 9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Afhant 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 aifiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 12 7 Sworn to and su Katrina Elsken cribed before me this u day ofa, AD r Notary Public, State of Florida at Large Hte +ry " -s ANGIE BRIDGES } MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 h.... Bonded Thru Notary Public Underwriters 4.■ PUBLIC NOTICE CONSIDERATION OFA PROPOSED SPECIAL EXCEPTION A PUBLIC HEARING will be held before the City of Okeechobee Board of Adjustment and 'Appeals on Thursday, August 21, 2014 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Cham- bers, Rm 200, Okeechobee, Florida. The agenda is available on the City website www.cityofokeechobee.com, or contact the General Services De- partment, pbumette@cityofokeechobee.com, 863-763-3372 x 218. Under consideration is Special Exception Petition No. 14- 003 -SE, submit- ted by property owner Ms. Peggy M. Ociepka, to allow wholesale, ware- house not including bulk storage of flammable liquids within a Heavy Commercial (CHV) Zoning District, Ref. Code Book Section 90-283(3). The proposed use Is for wholesale warehouse tire sales. Property Is located at 1127 SW Park Street, Legal: Lots 9, 10, 12, 13 and the West 100 feet of Lot 11 and the South 100 feet of Lot 7 of Block 3, Southwest Addition of Okeechobee, Plat Book 2, Page 7 Okeechobee County public records, and is approximately 0.84 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 -Fn 8am- 4:30pm, except for holidays. The Board of Adjustment and Appeals serves as the decision making body (quasi- judicial), on behalf of the City, to approve or deny Special Excep- tions. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a ver- batim record of the proceeding is made and the record Includes the testimo- ny and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as de- fined by the ADA, that needs special accommodation to partidpate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Board In support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. by: Brian Whitehall, Zoning Administrator Petition No. 14- 003 -SE 466586 ON 8/3,13/2014 INDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863 -763 -3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week. Newspaper published at. Okeechobee, in Okeechobee County; Florida, that the attached copy of advertisement being a in the matter of in the 1 9th Judicial District of the Circuit Court of Okeechobee County; Florida, was published in said newspaper in the issues of 3,13 � �? Afliant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has Heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed bef ire me this L3 day of Notary Public,rState of Florida at Large /10114.;. ;. ANGIE BRIDGES .; MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 of tI Bonded That Notary Public Underwriters Katrina Elsken / AD PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION A PUBLIC- HEARING will be held before the City of Okeechobee Board of Adjustment artd Appeals on Thursday, August 21, 2014 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Cham- bers, Rm 3QO, Okeechobee, Florida. The agenda Is available on the aty websle vadw.cltyofokeechobee.com, or contact the General Services De- partment, pbumette @cityofokeechobee.com, 863- 763 -3372 x 218. Under consideration is Special Exception Petition No. 14- 004 -SE, submit- ted by property owner Ms. Peggy M, Ociepka, to allow mechanical and re- pair services within a Heavy Commercial (CHV) Zoning District, Ref. Code Book Section 90- 283(7). The proposed use is for auto repairs. Property is located at 1127 SW Park Street, Legal: Lots 9, 10, 12, 13 and the West 100 feet of Lot 11 and the South 100 feet of Lot 7 of Block 3, Southwest Addition of Okeechobee, Plat Book 2, Page 7 Okeechobee County public records, and is approximately 0.84 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 Spedal Excep- tions. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a ver- batim record of the proceeding is made and the record includes the testimo- ny and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as de- fined by the ADA, that needs special accommodation to participate In this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863- 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. by: Brian Whitehall, Zoning Administrator Petition No. 14- 004 -SE 466587 ON 8/3,13/2014 INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a__ _ in the matter of 4,1, - % ' in the 19th Judicial District of the Circuit Court of Okeechobee County; Florida, was published in said newspaper in the issues of 5,r0;)-6/ Afliant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (,J Sworn to and s bscribed before me this day of Notary Public, State of Florida c hatrirzoEIsken 1.. MY COMMISSION # EE 177653 �, lid Bonded Thru Notary ub2cUnderwriters AD Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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, August 21, 2014 at 6 :00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Cham- bers, Rm 200, "Okeechobee, Florida. The agenda is available on the Gty website www.cityofokeechobee.com, or contact the General Services De- partment, pburnette@cityofokeechobee.com, 863- 763 -3372 z 218. Under consideration is Special Exception Petition No. 14- 005 -SE, submit- ted by Ms. Tammie Henderson, d /b /a Lil School Beneath the Pines, on be- half of property owner CSW 13, LLC, to allow a daycare within a Commercial Professional and Office (CPO) Zoning District, Ref. Code Book Section 90- 223(1). The proposed use is for a daycare facility. The applicant is a co- purchaser on a pending real estate contract. Property Is located at 1811 SW 2nd Avenue, Legal: Lot 7 and the North one -half of Lot 8 of Block 40, and Lots 11 and 12 of Block 35, First Addition to South Okeechobee, Plat Book 1, Page- 17 Okeechobee County public records, and is approximately 0.569 acres. All members of the public are encouraged to attend and partitlpate in said Hearing. The entire petition may be inspected during regular business hours, Mon -Fri, Sam- 4:30pm,except for holidays. The Board of Adjustment and Appeals serves as the decision making body (quasi- judicial), on behalf of the Gty, to approve or deny Special Excep- tions. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a ver- batim record of the proceeding is made and the record includes the testimo- ny and evidence upon which the appeal will be. based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as de- fined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863- 763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Board In support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. . by: Brian Whitehall, Zoning Administrator Petition No. 14- 005 -SE 466585 ON 8/3,13/2014 CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MEETING AUGUST 21, 2014 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: August 21, 2014, Planning Board /Board of Adjustment and Appeals Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Okeechobee, FL. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice - Chairperson Terry Burroughs Board Member Phil Baughman Board Member Karyne Brass Board Member Douglas McCoy Board Member Les McCreary Board Member Gary Ritter Alternate Board Member John Creasman Alternate Board Member (vacant position) Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the May 15, 2014, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. AUGUST 21, 2014 - PB /BOA AGENDA ME 26= 4 V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. A. Petition No. 14- 002 -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 two Group Homes within a Light Commercial Zoning District, one operated as an inpatient, drug and alcohol rehabilitation detox facility, the second operated as a short - term residential physical, occupational rehabilitation and therapy center, (Ref. Sec. 90 -253 (16)), in addition to the existing Assisted Living Facility use, with only one of the three uses occupying the site at a time for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 NE 2nd Avenue, containing approximately 0.642 acres (Exhibit 1). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 002 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. B. Petition No. 14- 003 -SE, submitted by property owner Peggy M. Ociepka, to allow Wholesale, warehouse not including bulk storage of flammable liquids within a Heavy Commercial Zoning District, (Section 90 -283 (3)) for the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9,10,12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street, containing approximately 0.844 acres (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 003 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. C. Petition No. 14- 004 -SE, submitted by property owner Peggy M. Ociepka, to allow Mechanical and Repair Services within a Heavy Commercial Zoning District, (Section 90 -283 (7)) for the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9, 10, 12 and 13 of Block 3, Southwest Addition and located at 1127 SW Park Street, containing approximately 0.844 acres (Exhibit 3). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 004 -SE will be required to take an oath, respond, and give your full name and address). AUGUST 21, 2014 - PB /BOA AGENDA - PAGE 3 OF 4 V. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. C. 2. Hear from Planning Staff. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. D. Petition No. 14- 005 -SE, submitted by Tammie Henderson on behalf of property owner, CSW 13, LLC, to allow a Day care center within the Commercial Professional Office Zoning District (Ref. Sec. 90 -223 (1)) for Lots 11 and 12 of Block 35 and Lot 7 and the North 1/2 of Lot 8 of Block 40, 1st Addition to South Okeechobee and located at 1811 SW 2nd Avenue, containing approximately 0.569 acres (Exhibit 4). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 005 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Hear from Board Members of issues surrounding new businesses opening or relocating within the City relating to meeting requirements of permitted uses, special exception uses and /or parking requirement; consider methods to review current regulations to bring them up to date and make them more pro- active and inviting for businesses to relocate within the City - Chairperson Hoover. B. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. AUGUST 21, 2014 - PB /BOA AGENDA JiMtGE 4 C 4 VII. ADJOURN - Chairperson. 'Per Resolution No. 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863 - 763 -3372. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. .,.. e-. ., "Plow .err n ar i can ruyiudilnerdpy See =� NiA( ,ed CiSI (O 17 ppli 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 2 3 4' 4a 5 Date: Fee Paid: () j/ 3 1/ LJ 14' Hearing: apipti Publication Dates: (FAX)8637636619 Petition No. / -L - Jurisdiction: P.001/001 2"° Hearing: /3 _X113 Notices Mafled: `? Rezone, Speclal;axception and Variance Exhibit 1 "— 'APPLI,CAN.T.I NFO RMA7I ON Name of property owner(s): /1-n1 /4- 0/di s LL (. e itfrioS m'ml t,vo Own r mailing address: 0. �UX 8 , Name of a Ilcant s if other than owner d� s`''' pp () LA lam�mti Nv6i.0 ttl )oJ Applicant mailing "address:'"'"' 7 /PPS X3dx e -mail address: N �/L cr 6 ,9i Ai 6 y d 411 Name of contact person (state relationship): 1x2, 'G., o6 3 • Contact person daytime phone(s): 236'3 - kr; o /- )5 o PROPER y INFbRMATIQ:N Property address /directions to property: 6 n F der ,9 kilo/ 4--.e rJke /;:a .1 �� °�7„2 Ps Describe current use of properly: n (/ law 1f71 3 a' G/, Describe Improvements o prorty (number /type buildings, dwelling units , occupied or vacant, etc. sr 1- _t.I0 Source of potable water: ' Method of sewage disposal: c'.7- " / S ,ly,; 04. 10 Approx. acreage: a. 6 G/a Is property in a platted subdivision? r, ' r"")�', p p Y� p yes c�� � �.:� �� -� � Is there a use on the property that is or was in violation of a city or county ordinance? If o, /describe: 11 12 13 14 15 Is a pending sale of the property subject to this application being granted? r a Describe uses on adjoining property to the North: North: VA/VG/3 ft% Il i "/2 re /AL s" Shc-) East: . p ,(41.0 /ter✓ /lc'` prv,o 11/4 %est: �v4ri 4171, •itatva•yt r Q(1S1 ( ( n vl r' pal r (,Future Land Use classification 477) p/c, _ South: /qc r e iO Existing zoning: t; Have there been a ' prl property? ( ,) No (j /.003 -�� 16 IOW ezoning, special exception, variance, or site plan approvals on the Yes. If yes provide date, petition number and nature of approval. Request Is for: ( ) Rezone ( Parcel Identification Number: (Rev 01 / l2) Special Exception ( J Variance 3 - 15- - bo /o_ 007 gb •- vD y Page 1 of 11 Land It-so Spe(.10. Coe 011-004-q RSE1 01- 0019 Ss'A sr—c- l)(2 I C) Ii-00&SE - /q-oi 17-07 Pt 6), 5- 7 _ 3 - 7 Posit wed 7-07 5 -- Oa- oil -SC to al) o 8 fed L-v, 7i-etc/II), (Po .- Ccr A Soecta....1 i a -0 0 j lAii4-11 Speetiz. r)(01-f.Ph'ori ertt.ip dome." 00 n dig-16as _Special ,...2.).Z0 I -,ST - 3 fe, ex" i lute ct F.-Me ph6/1 J /Te_ pre 401,(S 5pc ct a. 01-161 Li 603 -6E1 18 REQUIRED ATTACHMENTS Applicants statement of interest in ,property: jj}j -Taop flirt, e 1,1:%1.4 ,, f) ' �,;� ei bv, d:&01 D>11 /1vn ff-L -LC t6/ ad 'vu,b,rr'!//t -MA/ t�') j I,..Lak, , iltyrl _ i w i11 -. uv q e.., btc, i fr" - ! L-,v i ,�ti"- s.'d4 -r•.1 / q-/ it4!f 42e.crf'ev �;ww's'lr':'�4 i Al 4 19 ; Non- refuhdable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30acre; Variance: $500 --a ir' }�h,,`c:,.k ibli A o :cqvrtF41,-,f' ./L ,`c,"/, -/ , /.4aA 164,0; 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: 21 . Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11@ x 170 containing: , a. certified boundary survey, date of survey, surveyors name, address and phone number /b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraisers Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Printed Name mw ?*J /J) /1) Jt l) �/'� i L -i tl r) /A Date For questions relating to this application packet, call General Services Dept. at (863)- 763 -.3372, Ext. 218 (Rev 01 /12) Page 2 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: „� -�`-� klikt q( ,r3�'d'`G i'! B Are there similar uses in the area ?(Npl ( ) Yes If yes, briefly describe them: 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: Afe, it 114-aka, 41.4,ke,ft 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. M -C) 6. ke-44, t L E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:19] Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. 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. (Zee- f (�l ' 1 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 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. e 5. Demonstrate how the utilities �� "and other service requirements of the use can be met. %0 G'V(yi?�t P. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. c.JC- t) e)y) ✓ l , ;5✓ ✓- e -j.j ‘1,6 KG''144 -1 (Rev 01/12) Page 8ofll Regarding page 8 of 1 1 A) Describe the Special Exception Sought: a. Group home operating as an inpatient, drug and alcohol rehabilitation detox facility. To clarify, the Assisted Living Facility will NOT at anytime be operating simultaneously with the detox center. b. Group home in the form of short term residential rehabilitation center. This will provide in patient physical and occupational rehabilitation and therapy services. To clarify, the short term rehab will not be operating at the detox center. c) If a business, briefly describes the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building. a. In patient rehabilitation for detox for drug and alcohol users. 4 -8 employees around the clock operation. No activities outside the building. 99.9% of patients will be dropped off from out of town, and picked up at the time of discharge. b. In- patient rehabilitation for physical, occupational, and speech therapy. For 32 full beds, there will be 10 -15 employees, 24 hours operation, in three shifts. There will be no outdoor activity. The patient will be dropped of and picked up at the time of discharge from the facility. A + B: Businesses will alwa s have short -term residential rehabilitation services onl 1. Demonstrate that the proposed location and site are appropriate for the use. A +B: rooms are appropriate and fall perfectly for inpatient rehabilitation for alcohol and drug rehab, as well as in patient rehab for therapy. Equipment: Emergency call buttons are currently present in each room, and all of the bathrooms. There is a state certified/ health department approved full commercial kitchen. The large dining room and activity room are vital for both businesses. Building: The structure od s poured concrete building. It meets specification to can a Category 5 Hurricane, and has an automatic gas generator with a large capacity underground tank to run the entire building in case of power failure. Building is located in a private area with wall barriers on each side and one road leading in. This was done in order to ensure patient and neighbor privacy and security. 2. Demonstrate how the site and proposed building have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are eneded. a. The building is 12,000 sq ft, 2 story building with wall barriers on south and east sides of the property. The building is perfect for the use of Buusiness A or B. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses or explain why no visual screening is necessary. a. The current landscaping is appropriate for both A and B's use. Property already has tail wall bounding on east and south side of the property line along with 15 feet alley between the empty lot and one house. 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. Current use of property is Assisted Living Facility. Some residents do go for walks on the side walk of the property. However, in the case of A and B, all the rehabilitation will be indoors. NO OUTDOOR ACTIVTTES WILL BE ALLOWED. Therefore, there will be no such potential problems. FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. .I-.I' fr 4/)/ /) r i er '" j1'y j tS ),_„f .„ .y S 'A A,v 1) t /,' y,, !/ -4 w c - ' �t€`;4n q ��t rr J cy -ec'Yr, Y 6t %�►,5 }sue �Gr.✓ 2. The use is specifically authorized as a special exception use in the zoning district. afG `c.i Zvi k5 /4(. g 5 Ai � a /3 ' 6 i�Yr� /27 -,4, 4. / c r tyi-t :y� l) 4 /J%?. e ' 1 e i l . . )" i t t v , 4 r •-t S.,'av e - i # ) ; �.`we. # ( i i ) . - c c> 3 k : - j / hhr;r .,ass / v u , K 1 c✓i,u M'- (% _ 3. The use will not have an adverse effect on the public interest. y a.. , , Lk(. titom. y� CO �-Ps 1;4. a J,.. ! ✓, `O.: re, y{,.y4 '' 'f7 i /Yt iv', // /34 r 1 mi-i 6 i e-h a+ 5lL am,. SUtrL I(0z1 f ce&i.tkm ° ..- , . h 7, Gy,-1 ,4h.€. . G,:.. CYfGW e__.). 1‘ cs, ✓4:� /14 /—,, ,:f "i%,,z,, °Z6 "t 4. - lefre-,-/ itk.vi ,.:5 t4-644y) ki-j ,. The use is appropriate or te proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. X C;L..piLiZ.i r r it f 1.il1Alf 44 /}ig,'St =,/ L';,.'aS Lei".") evYy1 /)4 hi); /% >. ` ,.j� ' /` l e s-Jt t:G. C-j'; <1..E..i 1 1 ;, }'s:.%2 f F'L- i�,L t `���Y }-. t, ,�f cc, L f� � < t: 6y a c.�°., oil rt, rl -� V- %' w ti / E.vY) /) +t/ tor- t fits' bv6G /t' y..Y1 i✓il vd' .cam} ;'x::762-, [ ✓ G�Y �= �"''� It i_GrYYt Yt ' ' ✓� � �''T.C_ � 1 . 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. . -PA-1_ /5tt-e Pint' i S i ;-,"%' °' l fit' • :. S)- lr�;l h4,161?"-----, c - �c12.4 0-f r ‘44---.-- 4 bh;i .+ft,, ,1 ;,,,S trt. i44., - 1d3 Ly1 G. - `l /Lel f ISI ✓i?ati.Wite 4'3L' 641 M., 4 c1�1 S6'7-v -%-1-, &a t._ GLdv.) ^t . c ,1 'yp, r ✓c` tw f / S '' 63- GI b,') 4i ,,S7�),6)4 6. "lhe use may be required to be screened from surrounding uses to reduce the` impact of ai nuisance or hazard to adjacent uses. + del, - ric, �i''t'J ,- 1c tit„ /Y./ vir, es i' }')' "0.-..4-7.- 0.. 43--1./-64 (,J `' /h /�` , 1 / /34 yi' el') tV 4".-.1' 0,4 ,4 / ' -41'6 1,,, C iY. /1-,., ) j' 1L ��^' -''y`` '�v t'r :,s/ �'_. ALP.k "T L. 4-01 w.64-/C 5 , 614: l' Ca j /Z ','h %7 at ;1- 4 S lr / [6i. 4 y a 6, , 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 0/ r AA //r 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. A bs dl c 662 (LJ Ai o T The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (Rev 01/12) Page 9 of 11 Prepared by and return to: Saeed Khan 906 SW Lighthouse Drive Palm City, Florida 3499( File Number: (Space Above This Line For Recording Data)_ =11I11LE m nIl I 11111.21111111iTl1I1C 7...31 4et? OR BK 00rt..3E 4 F=• G 1:t37::3 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 03/18/2010 11:28:53 AM AMT 28,327.1)0 RECORDING FEES 35,50 DEED DOC 148.80 RECORDED BY M Pinon PIS 0373 - 376; (4p9s) Corrective uit'Claim Deed This Quit Claim Deed made this 1 day �7i ruay - �' - da of »ntrnry, 1010, between A.M.S.A. HOLDINGS, 1LLC, :i Florida limited liability company, grantor, and A.M.S.A. HOLDINGS, LLC, a Florida limited liability company and EAAAS HOLDINGS LLC, a Florida limited liability company whose post office address is 906 SW Lighthouse Drive, Palm City, Florida 34990, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witt(eSSetlt, that said grantor, for and in consideration of the sum TEN AND NO /100 DOLLARS ($10.00) atid other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Okeechobee County, Florida to -wit: See Exhibit "A" attached hereto' and made a part hereof. Parcel Identification Number: 3- 15 -37 -35 -0010- 00780 -0050 THIS CORRECTIVE QUIT CLAIM DEED HAS BEEN EXECUTED' AND RECORDED FOR THE PURPOSE OF CORRECTING THE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY AND CLARI.FY.ING THE TRUE AND CORRECT CORPORATE, AFFILIATIONS OF THE GRANTOR IN THAT CERTAIN QUIT CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOT{ 678, PAGE 1536, OKEECHOBEE COUNTY, FLORIDA, PUBLIC RECORDS. To .Slave and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Book684 /Page373 CFNJ #2010003146 Page 1 of 4 Signed, sealed and delivered in our presence: Witness Name: Witness Nan Witness Name: Witness Witness Name: L2 Witness Witness Name: Witness N:.. Quit Claim Deed - Page 2 A.M.S.A. HOLDINGS a IF rt a inu any By: aeed Khan, Managing Member Myra Managing Member Icy: Mohammed Nooniddin, Managing Member By: Shahnaz n, Managing Member Book684 /Page374 CFN #2010003146 Page 2 of 4 State of Florida County of _U CR,o Il\ The foregoing instrument was acknowledged before me this `8 day of Ja Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, produced a driver's license as identification. NOTARY PUBLIC -STATE OF FLORIDA [Notar. eab Shahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02, 2010 Bonded Thru Atlantic Bonding Co., inc. State of FloAa County of ¢_ GK.L-kee The foregoing instntment was acknowledged before me this Member of A.M.S.A. HOLDINGS, LLC, a Florida limited produced a driver's license as identification. [Not NOTARY PUBLIC -STATE OF FLORIDA Shahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02, 2010 Bonded Thru Atlantic Bonding Co., Inc. State of Floric a County of b ne c.D,,oY>ca The foregoing instrument was acknowledged before Managing Member of A.M.S.A. HOLDINGS, LLC, [ j has produced a driver's license as identification. NOTARY PUBLIC -STATE OF FLORIDA [No t ' 9hahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02, 2010 Bonded null Atlantic Bonding Co., Inc. State of Florida County of CJ�eel�C�Q -o aryc,` 010 by Saeed Khan, as Managing who Lsris personally known or Li has Notary Public Printed Name: SHAHNAZ A. KHAN My Commission Expires: day of :fauuafy, 'll)IO bIy Myra Khan, as Managing liability company, who [ is personally known or L] has Notary Public Printed Name: SHAHNAZ A. KHAN aoto me this CL day of-}armafy, 2010 by Moha med Nooddin, as a Florida limited liability company, who [`}-is personally ni known or Notary Public Printed Name: SHAHNAZ A. KHAN My Commission Expires: The foregoing instrument was acknowledged before me this O —day of a m�r-yt 2 0, by Shahnaz Nooruddin, as Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who Nis personally known or [_J has produced a driver's license as identification. NOTARY PUBLIC. 'TA "T OR FLORIDA [Nett 3 eSt}ahn1c... " Khan Commission Expires: APic. 02 '- Bonded Thru Atlantic Bonding Co„ ,,,. Quit Claim Deed - Page 3 Notary Public SHAHNAZ A. KHAN Printed Name: My Commission Expires: Book684 /Page375 CFN #2010003146 Page 3 of 4 SCHEDULE A Legal Description Lots 3, 4, 5, and 6, Block 78, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Book684 /Page376 CFN# #20100031 46 Page 4 of 4 1111111111111111111111111111111111111 FILE NUII 2007002808 OR 8K 00624 PG 0376 SHARON ROBERTSON, CLERK: OF CIRCUIT COURT THIS INSTRUMENT PREPARED BY AND RETURN TO: OKEECHOBEE COUNTY. FL RECORDED 02/22/2007 02:57:58 Pt1 Shannon Kelly RECORDING FEES 10.00 Elite Title, inc. DEED DOC 1,120.00 311 NE 2nd Street RECORDED BY R Parrish Okeechobee, Florida 34972 Ps 03761 (1P9:, Property Appraisers Parcel Identification (Folio) Numbers: 3-15-37-35-0010-00780-0050 Space Above This Line For Recording Data THIS WARRANTY DEED, made the 16th day of February, 2007 by William S. Welder, a single man , whose post office address is 608 NE 2nd Avenue, Okeechobee, FL 34972 herein called the grantor, to A.M.S.A. Holdings LLC , whose post office address is 906 SW Lighthouse Drive, Palm City, FL 34990, hereinafter called the Grantee: (Wherever used herein the terms 'grantor" and "grantee" include all the parties to this instrument and the heirs. legal representatives and assigns of Individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00 /100'S (210.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: LOTS 3, 4, 5, AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to easements : i it'rletinna and reservations of record and taxes for the year 2007 and thereafter. TOGETHER, wif[ all the:iikiements :he editaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO MOLD, the sauffe in feR simple forever. AND, the grantor hereby covenants with:la'id grantce.;that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell "tied convey said land, and hereby warrants the title to said land and will defend the same agaf4st the lawful.Qlaims,of'iill persons<whomsoever; and that said land is free of all encumbrances, except taxes accruing;'subsequeftt to.:[aeOirii fer } 1 2006 • IN WITNESS WHEREOI' tli'e said grantor has signed and sealed those presents the day and year first above written. Signed, sealed and delivered in the presence;';nf: Witness #1 Signature er Q Sho_h„ SY% I4.t- Witness #1 Printed Name Witness #2 Signature 10/).- s D.- u-5 r. ,a Witness #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged befo e me this ► day of`February, 2007 by W.;. lkf m S. Welder who is personally known to me or has produced i Lytn (r 1'y ss "dentltfieation. SEAL My Commission Expires: File No: 07-3247 SHANNON MULHOL Notary Public, State My Comm. Expires June Comm, No. DD 332394 ublc Printed Notary Name SHANNON MULHOUAND Notary Public, State of FloAdo My Comm. Expires June 24, 2008 Comm. No. 0D 332394 Bnnk624 /Paae376 CFN #200700280R Pane 1 of 1 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY 1 • • , ( Name of Property Owner(s): f Tnt, ir Mailing Address: 0 ..-:, ) Home Telephone: Work: Cell: a-,3_40trri Wteft • - .- / (__6-:.,61 Property Address: 4. 1 :;-2 f , Z.; , Parcel ID Number: - / -C - ,- . i-,: LCi j 0 .. '<•• 1 Li - t:' S O Name of Applicant: I 0 tt jill'in iT) :pi , fe,t-ii v' i zaii/ Home Telephone: Work: 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 UNDERSIGNED HAVE SET THEIR HAND AND SEAL ;. : 11, ,- . DAY OF ';,II:1-., 20114.. 100101"-- ......--4..: f'1) LA tim-)i-nik 4.)- itykr., kJ:Just .. OWNER WITNESS 7/ A - ,/ ,--;-- 7/ / Agight OWNER WITNESS Before me the undersigned authority personally appeared the owner(s)ttame_d . •ove who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described,above and that they, executed the power of attorney for the purpose stated therein. Sworn and subscribed this It 4.lay of '7.P.2,:'S - 20 t (1,, , . Notary Public: k: Lf.:c"-..- 6:-Eitt1.). (4._,Uk...L.,L.- t.A-.. SEAL Commission Expires: -A p.rui .-::), '.- ,--).(, i ,..) (Rev 01/12) Page 5 of 11 7 —10 Detail by Entity Name FLORIDA DEPARTMENT OP STATE DIVISION OF CORPORATIONS Page 1 of 2 Detail by Entity Name Florida Limited Liability Company A.M.S.A. HOLDINGS, LLC Filing Information Document Number L07000007838 FEI /EIN Number 208281912 Date Filed 01/22/2007 State FL Status ACTIVE Effective Date 01/22/2007 Principal Address 608 NE 2 AVE OKEECHOBEE, FL 34972 Changed: 03/30/2010 Mailing Address P.O. BOX 448 OKEECHOBEE, FL 34973 Registered Agent Name & Address NOORUDDIN, SHAHNAZ 111 NE 11 TH STREET OKEECHOBEE, FL 34972 Name Changed: 02/18/2011 Address Changed: 02/18/2011 Authorized Person(s) Detail Name & Address Title MGRM KHAN, SAEED P.O. BOX 448 OKEECHOBEE, FL 34973 Title MGRM NOORUDDIN, SHAHNAZ http: / /search.sunbiz.org/ Inquiry/ CorporationSearch /SearchResultDetail /Enti... 6/26/2014 1/V l.[.ttt vy Lltt.t l.y 1 vC111t1L, P.O. BOX 448 OKEECHOBEE, FL 34973 Title MGRM KHAN, MYRA P.O. BOX 448 OKEECHOBEE, FL 34973 Title MGRM NOORUDDIN, MOHAMMED P.O. BOX 448 OKEECHOBEE, FL 34973 Annual Reports Report Year 2012 2013 2014 Filed Date 03/09/2012 03/21/2013 04/19/2014 Document Images 04/19/2014 -- ANNUAL REPORT 03/21/2013 -- ANNUAL REPORT 03/09/2012 -- ANNUAL REPORT 02/18/2011 -- ANNUAL REPORT 03/30/2010 -- ANNUAL REPORT 04/29/2009 -- ANNUAL REPORT 04/27/2008 -- ANNUAL REPORT 01/22/ 2007 -„- _Flori.da_Limited__Liab,ility View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Copyright ! ; and 1 ?riva< _F?glic:ie State or Florida, Department of State age z01Z http: / /search.sunbiz.org/ Inquiry/ CorporationSearch /SearchResultDetail/Enti... 6/26/2014 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): ef3 ii- fru- c /A) fibe-,-s 1,.. L. c_ 7 ,91z. if ,,/ d Mailing Address: S mi.ve . A.2..)//-6, p/a--)--. v. d'61e-ie- - --L- Home Telephone: Work: Cell: _._ e,;(:-, 5' 7 - .2,2, 7 / — • , , T ... e Property Address: t) 0 (3 n/ ei--. (9.6 7 et, '6! CI ' ibLek -( 2 '15 A' ' Parcel ID Number: -2) - / 4)---- '3 7 -- 3 .`7.i-- -- L.:-)& / 6 .. ,•, tro i i , 0 . , /0`,e--/ il 2) , -.4.- ,- - 1\ , 7 0 1-10M22±2110TItiliELALIVOrk: o 11 , _) y ` 7 7 Cell: '3 i c2 ej 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, litnitations 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 UNDERSIGNED HAVE SET THEIR HAND AND SEALS T 'S i DAY OF Itt.,2-. 20 A / . --",-- , ----4_-------- 4,..1 R._ ,., WITNESS __-. .0.4.,.._,) ,:,, vi-- Ai) ,v4,v- - t , Ai . OWNER 4:- 6)1.414- .6 if--4-1G-c o.t-- WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property describedabove and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this j-faay of T20f+ ( . . .r, 41/1.,LIALIAXa' tLa."-- Notary Public: - SEAL .. Commission Expires: -1.A., r3'Pel Q,C■ i c3 ?.. .<1;-, SHAHNAZ AKHTAR KHAN •; - .. , • hid . ii. - (Rev 01/12) el EXPIRES April 2. 2018 (407) 398-0153 FloridallotaryService.com Page 5 of II Detail by Entity Name `z oatDA D PARTM NT OF STATE IVISioN OF CORPORATIONS Page 1 of 2 Detail by Entity Name Florida Limited Liability Company EAAAS HOLDINGS LLC Filing Information Document Number L09000094235 FEI /EIN Number APPLIED FOR Date Filed 09/30/2009 State FL Status ACTIVE Effective Date 09/29/2009 Principal Address 7960 SADDLE BROOK DRIVE PORT SAINT LUCIE, FL 34986 Changed: 03/30/2012 Mailing Address 7960 SADDLE BROOK DRIVE PORT SAINT LUCIE, FL 34986 Changed: 03/30/2012 Registered Agent Name & Address SHAKOOR, ARIF 7960 SADDLE BROOK DRIVE PORT ST. LUCIE, FL 34986 Authorized Person(s) Detail Name & Address Title MGRM SHAKOOR, ARIF 7960 SADDLE BROOK DRIVE PORT ST. LUCIE, FL 34986 Title MGRM SHAKOOR, ELMA 7960 SADDLE BROOK DRIVE PORT SAINT LUCIE, FL 34986 http: // search. sunbiz. org / Inquiry / CorporationSearch /SearchResultDetail /Enti... 6/26/2014 Detail by Entity Name Annual Reports Report Year 2012 2013 2014 Filed Date 03/30/2012 06/10/2013 01/22/2014 Document Images 01/22/2014 -- ANNUAL REPORT O0/10201]— ANNUAL REPORT 03OO/2O12— ANNUAL REPORT O4/29/2O11— ANNUAL REPORT 03/30/2010 — ANNUAL REPORT 09/30/2009 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 1�2uriglit and P1yacy Policies Stte of Honda, I)epartrncni of State Page 2 of 2 kUn://vCU[Ck.SUUk'%.0'«/|nqU''v/(`0[pO[8L'0DSea[C|v^S0a[CkT6`nU|iDC[8'k17n, _ 6/26/7014 Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this _r,. day of Signature of Applicant Date Name of Applicant (printed or typed) State of Florida County of Okeechobee i\J Sworn to and subscribed before me this `` "a "- " day of E - f' = -- � = 8 ' . Personally known to me or produced as identification and did not take an oath. Notary Public, State of Florida SHAHNAZ AK KHAN MY COMMISSIC 4ft :093511 ••.,�oF�,o?;: EXPIRESArr" " ?. 2018 (407) 398 -0153 Floridallotary.`, .; :e.com (Rev 01/12) Page 3ofll GIS / MAPPING DEPARTMENT OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. "BILL" SHERMAN, PROPERTY APPRAISER NW 8TH ST US HWY 441 N NE 8TH ST I NE 2ND AVE 3- 15 -37 -35 -0010 -00560 -0010 TUTEN TROY T 8 MARY ANN 2457 SW 18TH COURT OKEECHOBEE FL34974 NW7THST NE7THST 3- 15 -37 -35 -0010- 00770 -0100 BIG LAKE EYE CARE LLC 606 NORTH PARROTT AVENUE OKEECHOBEE FL34972 NE 3RD AVE Legend SUBJECT PARCEL WITHIN 100' NE 4TH AVE THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON 3- 15- 37 -35- 0010- 00780 -0050 ANGELA JONES- FOWLER, GISP 1 inch = 130 feet Date: 5/30/2014 Alh PIN OWNER NAME 3- 15- 37 -35- 0010 - 00550 -0010 TARMAC FLORIDA INC 3- 15 -37 -35 -0010- 00560 -0010 'TUTEN TROY T & MARY ANN 3- 15- 37 -35- 0010 - 00560 -0160 LOWE JOHN MAR CUS & CONSTANCE W 3- 15- 37- 35- 0010- 00570 -0050 TRENT RONALD L 3- 15- 37 -35- 0010 - 00570 -0080 LOWE JOHN MARCUS & CONSTANCE W 3- 15- 37 -35- 0010 - 00570 -0180 CRCO PROPERTIES LLC 3- 15- 37 -35- 0010 - 00770 -0010 KST CONSTRUCTION INC 3- 15- 37 -35- 0010 - 00770 -0030 '4 GIRLS ENTERPRISES INC 3- 15- 37 -35- 0010- 00770 -0060 BIG LAKE EYE CARE LLC 3- 15- 37 -35- 0010 - 00770 -0100 BIG LAKE EYE CARE LLC 3- 15- 37- 35- 0010- 00780 -0010 BIG LAKE BAPTIST ASSOCIATION I 3- 15- 37 -35- 0010 - 00780 -0050 ',AMSA HOLDINGS LLC & EAAAS 3- 15- 37 -35- 0010 - 00780 -0070 I NUNEZ DAVID JR & ANITA 3- 15- 37 -35- 0010 - 00780 -0090 MEDINA J REYES GARCIA 3- 15- 37 -35- 0010 - 00780 -0110 PARKER ROBERT C SR & JOANNA 3- 15- 37 -35- 0010- 00790 -0030 COYLE WILLIAM D 3- 15- 37 -35- 0010- 00790 -0050 ROWLETT JOSEPH 3- 15- 37 -35- 0010 - 00790 -0070 ROWLETT JOSEPH 3- 15- 37 -35- 0010 - 00790 - 0090 +QUARLES NANCY GAIL 3- 15- 37 -35- 0010 - 00880 -0060 MITCHELL RONALD & GIANINNA 3- 15- 37 -35- 0010 - 00890 -0010 NIX CATHERINE S LIVING TRUST 3- 15- 37 -35- 0010 - 00890 -0040 NIX CATHERINE S LIVING TRUST 3-15-37-35-0010-00890-0060 MADRIGAL ANSELMO & MARY ANN 3- 15- 37 -35- 0010 - 00900 -0010 SEACOAST NATIONAL BANK ADDRESS _1 1151 AZALEA GARDEN ROAD 2457 SW 18TH COURT PO BOX 296 2322 SE 33RD ST PO BOX 296 364 NW 115TH DR 3283 NW 32ND AVENUE 701 NE 3RD ST 1540 SE 40TH AVENUE 606 NORTH PAR ROTT AVENUE PO BOX 1203 HOLDINGS LLC 701 NE 3RD ST 5615 NE 3RD LANE 209 NE 6TH ST 306 NE 7TH ST PO BOX 1903 PO BOX 1903 311 NE 6TH ST 8800 NW 160TH ST C/O CINDY MURPHY C/O CINDY MURPHY 1788 SW 8TH STREET 815 COLORADO AVE ADDRESS_2 72 COLONY RD CITY_NAME NORFOLK OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE JUPITER INLET COLONY OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE 20451 E LEVY ST WILLISTON 20451 E LEVY ST WILLISTON OKEECHOBEE STUART ST ZIPCODE VA 235020000 FL 34974 FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL 349730000 34974 349730000 34972 34972 34972 349740000 34972 349731203 33469 34972 34974 349720000 349740000 349731903 349731903 349720000 34972 326960000 326960000 34974 34994 ASBUILT SURVEY PREPARED FOR A. M. S.A. HOLDINGS, LLC. PESCR /P11ON: LOTS 4 4, 5 AND 6, BLOC/( 71! C/TY OF OKEECHOBEE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERINSb ALL DIMENSIONS ARE PL4T(P) AND MEASURED(M). 2) SITE ADDRESS 608 N.E. 2ND AVENUE. 3) PARCEL ID: 3- 15- 37- 35- 0010 - 00780 -0050. 4) THE DESCRIPTION SHOWN HEREON WAS PROVIDED BY 7HE WENT OR 771E CLIENT'S REPRESENTATIVE 5) BEARING REFERENCE THE NORTH LINE OF BLOCK 78 IS TAKEN TO BEAR NORTH 8947'38' EAST. 6) F./.R.M. ZONE: ZONE UNDETERMINED, PARCEL LIES WITHIN 771E OKEECHOBEE CITY UM /7S 7) THIS SURVEY /S NOT INTENDED 70 DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 8) ADD/77ONS OR DELE71ONS 70 SURVEY MAPS OR REPORTS BY OTHER THAN 771E SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES 9) THE ELEVATIONS SHOWN HEREON ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 (N0VD 1929). 10) DATE OF LAST FIELD SURVEY 09/1440. PROJECT SPECIFIC LEGEND: WPP = WOOD POWER POLE = ASBU /LT ELEVA77ON PREPARED FOR _THE EXCLUSIVE USE OF A.M.S.A. HOLDINGS, LLC. GULFSTREAM BUSINESS BANK ELITE TITLE, INC. 77COR TITLE INSURANCE COMPANY COMMONWEAL 7H LAND 771LE INSURANCE COMPANY p • Li I BENCHMARK FOUND MAO NAIL & DISK iKAB LE 4820' 94 ASPNAL I LUX. 2807 (NOLO 1929) N.E. 771 STREET MO' RA, —0 MK� -I MR OR s. 9907(971 a sae 07 41111101 ...04174., Vr -0 p000 60. 007 44 W m* -ea.. s. pA'44 0 . j - "''• • TOTAL FARM CONTAI4S 11084 ACIRES f'v irw 4 NV8 no ORS mbe 2 STORY 9/1 /LOING ,} 5 F.F.E 29.84 (NOLO 29) `l 107-07 Med 00000 70010, Dr Lam.._.- �. t REidndV AMA 1 r0..- a'14�R IWO 4.41r p9 LA) —I • :I 7 �r•,e„ AAA sue Mink, fwAt1110 101 3 0001777 cuRR ASROILT 1.00.67 s 01.007 PRIwas 8 V W 2 750.' f110.7}'CJ I00079 —""Ir ,`In°w -r. ir� BM( (APPROXIMATE LOCAncto At s 6Yyab' w /sasoraf) morays) MIRO 4.41. RO7 No ‘41 20' ALLEY I 8 iocK7.1 9 10 0951,7•11' a SOSTIO .y0ttoom met 0/9 rr 11 POMO /.per ,2 12 IAN. SAY AtAv g Kenneth A. Breaux, Jr. (PSI 4820) ASBUILT SURVEY LYING IN LOTS 3 -6, BLOCK 78 CITY OF OKEECHOBEE (P.B. 5, PG. 5) OKEECHOBEE COUNTY, FLORIDA 1. wd. �f dU» pubbo record. for Ostmn Yatlm 01 0....01* or rWktieru affecting •.e ta.nk Mown woe pafarn ed by the evw)ar. 2. Me sunny hen 4 moored Mw/udedy for them pate. noted. 3. No or Nda•ty M eeelune. by • e anew for use by otter. not VedfOdly named. 4. Not eetivat tie egwbe. and emboewd end of fled& soeneed eer'ayer and mapper 04070. 3. There a. ne deba above proud enanadnnwta swept s Mom. 0. fle dim* wmad. ro booe underground bprmernente a M/w mcroac anerh Of any) ee pet of this 7. That eueey ws prepared b a000rdeooe Nth mMnun Winged etardade eetddd.ed by the Markle Iblerd of Semen end McPpen (Chapter 04817 -0, r.A.C) pennant to section 472.827. florae LEGEND 0-Set Iron Rod and Cop -KAB S 4820' . -Found CM . -Found Yon Rod (and Cap) • -Found Pipe (and Cop) ABBREVIAGONS NS..ena; 90•e0sm.mc tR000.00% araa.m.9 cwr,.cmN m 01. Caw. a•.n.t cane -C..., pw.a n.uw or conve o yc crt..t elrloz M, (A -fap. CW.0r ,at FOAM.fl.S 4a..,. N 007 n0.i.�na 040*, Pbt n c)4 MG /04 o C.oy /. N / 4rgIN -00..04 1040700006 4.04 Wm) or \p]p: 0e15.0n.0r7m1 to S .dc 0u4.0 0eat 4. 0 /.N*taw 0.04.00 lea R`.. PCP. P...w\ Cabe pent atom N 0�\ ei\ CamMw�\: :;071114 \ d e..« o.w\.. w.p'.'.\:ang n.r..e..k...nt .) r.\ 04 j0. 0 1.n1k Ilnny ..6 arana4 .R.bc Lint. n J0OA0 .070 F9,400 000.5 a 4400.6 , amarnaa - era OAT: MAI ST ar BOUNDARY SURREY (ASBUILT) 09 /14/10 272/15 -16 WC KAS SCAM' / - 20' MOWN MAWR: 20565 -ASB 1 Or 1 Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: A.M.S.A. Holdings, LLC Petition No.: 14-002-SE LiifljP1 anning & Management Services, Inc. Serving jackson Street, Suite 206 Fort Myers, Florida 239-334-3366 Florida Local Governinents Since 1988 Staff Report Special Exception Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 14- 002 -SE General Information Owner/ Applicant Applicant Address Site Address Contact Person Applicant/Contact Phone Number E -mail Address A.M.S.A. Holdings LLC and EAAAS Holding, LLC A.M.S.A. Holdings, LLC P.O. Box 448 Okeechobee, FL 34973 608 NE 2nd Avenue Muhammad Nooruddin, Mgr of A.M.S.A Nooruddin64 @gmail.com Future Land Use Map Classification Zoning District Existing Commercial CLT Use of Property Assisted Living Facility (ALF) Acreage 0.642 Proposed Commercial CLT Group home in the form of a facility for in- patient alcohol & drug rehabilitation or a short-term resi- dential rehab center providing physical and occupational therapy 0.642 Le • al Description of Subject Propert Location: 608 NE 2nd Avenue, Okeechobee, FL 34986 Parcel Identification Number: 3- 15- 37 -35- 0010- 00780 -0050 LOTS 3, 4, 5, AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Serving Ploric Local Governments Since 1988 Staff Report Special Exception Applicant's Name: A. M. S.A. Holdings, LLC Petition No. 14- 002 -SE Request Applicant is requesting a Special Exception for a Group Home with 32 beds and providing one or the other of the following services: (A) alcohol and drug rehabilitation (a.k.a. detox center), or (B) short term residential rehabilitation center providing physical and occupational therapy. Under no circumstances will any other use be undertaken on the property and not more than one of the above uses will be located on the property at any one time. A Group Home is a Special Exception Use in the CLT District. A facility providing in- patient alcohol /drug rehabilitation or physical and occupational therapy qualifies under the definition in the LDC for "Group Home ". A Special Exception was previously approved for each of these uses. The alcohol and drug rehabilitation was approved under Petition No. 12- 003 -SE. The short term resi- dential rehabilitation center providing physical and occupational therapy was approved under Petition No. 13- 001 -SE. Each of these approvals has expired and the Applicant wishes to obtain new approvals. Adjacent Future Land Use Ma • Classifications and Zoning Districts North East Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Industrial IND Vehicle sales, repair and open storage Commercial CPO "Big Lake Baptist Association" Commercial and Single Family CPO and RSF -1 Vacant and single - family home Commercial CHV "KST Construction" Serving Florida local Governments Since 1988 Staff Report Special Exception Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 14- 002 -SE Analysis Section 70 -373 (b) requires that the Applicant address, during the presentation to the Board of Adjustment, the following standards for granting a Special Exception. The Applicant has provided comment to each of the required findings. These are repeated in Times Roman typeface. Staff comments follow the Applicant's statements and are shown in this Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. "A + B: Rooms are appropriate and fall perfectly for inpatient rehabilitation for alcohol and drug rehab, as well as patient rehab for therapy. Equipment: Emergency call buttons are currently present in each room, and all of the bathrooms. There is a state certified /health department approved full commercial kitchen. The large dining room and activity room are vital for both businesses. Building: The structure is a poured concrete building. It meets specification for a Cate- gory 5 Hurricane, and has an automatic gas generator with a large capacity underground tank to run the entire building in case of power failure. Building is located in a private area with wall barriers on each side and one road leading in. This was done in order to ensure patient and neighborhood privacy and security." Staff Comment: The specific proposed use is either an alcohol and /or drug rehabilitation center or short term residential rehabilitation center providing in- patient physical and occu- pational therapy. Both uses qualify under the definition of Group Home. The definition is presented below with the sections specifically applicable to the proposed uses highlighted. "Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional edu- cation programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; community residential homes in excess of six persons under F.S. ch. 419; and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state depart- ment of children and families and /or the agency for health care administra- tion, or other state or federal agency. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: A.M.S.A. Holdings, LLC Special Exception Petition No. 14- 002 -SE A facility providing either drug and /or alcohol rehabilitation or physical and occupational therapy is reasonably compatible with the zoning and uses on adjacent properties, which uses are largely commercial. The subject property is located one block east of US 441 within the Transitional Commercial Overlay area within which properties are expected to be zoned primarily CLT, CPO, or RMF. Two of these zoning districts (CLT and RMF) allow Group Homes. Although one adjacent property is zoned RSF1 and used as a single - family residence, it is adjacent to RMF zoning which also allows Group Homes as a Special Exception use. Given that the single - family home is also located in the Transi- tional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi - family or commercial use. We agree that the location and specific site are appropriate for the proposed use. (2) Demonstrate how the site and proposed buildings have been designed so they are compa- tible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. (3) "The building is 12,000 sq. ft., 2 story building with wall barriers on south and east sides of the property. The building is perfect for the use of Business 'A' or 'B'." Staff Comment: The existing building and site have been developed to provide for tem- porary or permanent living quarters for individuals needing assistance. Just as the current assisted living facility has little or no effect upon the surrounding neighborhood, the treat- ment for either alcohol or drug rehabilitation or physical and occupational therapy will occur entirely within the property and have no significant effects upon the surrounding properties. If drug and alcohol rehabilitation use is undertaken, the residents will not be leaving the building unattended. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "Current landscaping is appropriate for A and B's use. Property already has tall wall bounding on east and south side of the property line along with 15 feet alley between the empty lot and one house." Staff Comment: The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, northwest and west are separated from the facility by public roads and need no special screening treatments. Serving Florida Local Governments Since 1988 Staff Report Special Exception Applicant's Name: A.M. S.A. Holdings, LLC Petition No. 14- 002 -SE (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) "Current use of property is Assisted living Facility. Some residents do go for walks on the sidewalk of the property. However, in the case of A and B, all the rehabilitation will be indoors. NO OUTDOOR ACTIVITIES WILL BE ALLOWED. Therefore there will be no such potential problems." Staff Comment: There will be no increase in the number of beds in the facility. Since the drug and /or alcohol rehabilitation patients are driven to the facility, dropped off, and are unable to leave the facility until released and picked up by friends or relatives, the impacts of the operation will be no different from those of the current ALF use. Presumably, the only difference in the operation will be the use of drug and /or alcohol rehabilitation coun- selors or physical and occupational therapists replacing some of the current ALF Staff. The existing building and site have been developed to provide for temporary or permanent living quarters for individuals needing assistance. Just as the current assisted living facility has little or no effect upon the surrounding neighborhood, and presents no hazards or public nuisances, the alcohol or drug rehabilitation treatment and physical and occupa- tional therapy will have no significant effects upon the surrounding properties. Demonstrate how the utilities and other service requirements of the use can be met. In the previous submission, the Applicant provided the following response: "Current utili- ties are designed for assisted living facility, which perfectly fit for the use of alcohol and /or drug rehabilitation up to 32 beds if used up to full capacity." Staff Comment: Since there will be no increase in the number of beds in the facility, nor any significant change in the manner of occupancy except that the period of residency will be shorter, one would not expect any increase in the demand upon utilities or other service requirements such as sanitary sewer or solid waste. (6) Demonstrate how the impact of traffic generation will be handled off site and on -site. In the previous submission, the Applicant provided the following response "For alcohol and/or drug residents, most likely they will be dropped off at the facility and picked up at the time of discharge. No additional parking is required." To this, the Applicant notes that "Traffic flow will be less with business 'A' same traffic flow for business 'B' as current use of ALF." Staff Comment: The Applicant has provided no specific information regarding how traffic may or may not differ from that generated by the ALF operation. We also have no specific information regarding traffic generation. It would be reasonable to expect, however, that because the period of residence among those undergoing rehabilitation will be less than that among ALF residents there will be greater turnover Serving Florida J.aca1 Governmeniti Since 1988 5 Staff Report Applicant's Name: A.M.S.A. Holdings, LLC Special Exception Petition No. 14- 002 -SE among the residents. The rehabilitation residency will probably average somewhat Tess than one month, indicating that even if all 32 units were devoted to either alcohol /drug rehabilitation or physical and occupational therapy, there would only be one or maybe two extra trips per day due to the increased turnover. Also, we would not expect traffic associated with those servicing the facility to differ between either form of therapy associated with this application and the ALF operation. Therefore we could expect only a minimal potential increase in traffic. When reaching a conclusion on a Special Exception request, the Board of Adjustment must consider and show in its record the following findings as set forth in Section 70- 373(c). The Applicant has provided comment to each of the required findings. These are repeated in this Times Roman typeface. Staff comments follow the Applicant's statements and are shown in Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "It is appropriate for Business 'A' and 'B' without change of any Comprehensive Plan." Staff Comment: The property is designated Commercial on the Future Land Use Map and the proposed use is not contrary to any provision in the Comprehensive Plan. (2) The use is specifically authorized as a special exception use in the zoning district. (3) "Businesses 'A' and 'B' were previously authorized, approved special exception. Business 'A' case # (12- 003 -SE); Business 'B' with case #(13 -001 -SE) ". Staff Comment: Section 90 -253 specifically authorizes a group home as a special exception use within the CLT Zoning District. As noted previously, alcohol and /or drug rehabilitation and physical and occupational therapy qualify as allowable special exception uses under the definition of Group Home in the LDC. The use will not have an adverse effect on the public interest. "Building is located in a private area with wall barriers on each side and one road leading in. This was done in order to ensure patient and neighborhood privacy and security." Staff Comment: We agree there should be no adverse effect upon the public interest, particularly if alcohol /drug rehabilitation patients are driven to the facility, dropped off, are unable to leave the facility until released and are picked up by friends or relatives. Serving Florida Local Governments Since 1938 , Staff Report Special Exception Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 14- 002 -SE (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 current use of building as assisted living has compatibility of adjacent use. Industrial area on north and west side, church office on east, commercial empty lot after the wall barrier on south end." Staff Comment: A drug and /or alcohol rehabilitation facility or a short -term residential in- patient physical and occupational therapy operation are both reasonably compatible with the zoning and uses on adjacent properties, which uses are largely commercial. One property is zoned RSF1 and used as a single - family residence. This property is also adjacent to RMF zoning which also allows Group Homes as a Special Exception use. Given that the single - family home is also located in the Transitional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi - family or commercial use. We do not believe the operation of either a alcohol /drug rehabilitation center or a short -term residential in- patient physical and occupational therapy operation will be contrary or detrimental to urbanizing land use patterns within the Transitional Commercial Overlay area. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The building is 12,000 sq. ft., 2 story building. Current use of building gives nice look in the neighborhood. Empty lot on south end has a wall barrier and 15' alley between the two properties." Staff Comment: For the same reasons given in our comments to number (4), above, we do not believe the proposed rezoning and use will adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "The property located in a private area with wall barriers on the west and south sides of the property line. North and west sides have road and industrial area." Staff Comment: The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, north- west and west are separated from the facility by public roads and need no special screen- ing treatments. Serving Florida Local Governments Sind- 1988 Staff Report Special Exception Applicant's Name: A. M. S.A. Holdings, LLC Petition No. 14- 002 -SE (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "Not at all." Staff Comment: There will be no increase in the number of beds in the facility, therefore there will be no change in the density or any other factor that would overburden any public facilities. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Absolutely not." Staff Comment: The Applicant has provided no specific information regarding how traffic may or may not differ from that generated by the current ALF operation. We also have no specific information regarding traffic generation. It would be reasonable to expect, how- ever, that because the period of residence among those undergoing either drug/ alcohol rehabilitation or physical or occupational therapy will be less than that among ALF resi- dents, there will be somewhat more turnover. The rehabilitation residency will probably average somewhat less than one month, indicating that at full occupancy of the 32 units there would only be one or maybe two extra trips per day due to increased turnover. We would not expect traffic associated with service providers would differ between either form of rehabilitation operation and that of the ALF. Therefore we would expect only a minimal potential increase in traffic. Recommendation Staff recommends approval of the Special Exception request to allow a Group 1-lome involved either operation of a drug/alcohol rehabilitation program or a short -term residential in- patient physical and occupational therapy program on the property. We do, however, suggest that the approval be predicated on the following stipulations: 1. No patient shall be admitted to a facility providing drug/alcohol rehabilitation unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight. 2. No drug or alcohol rehabilitation patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his /her home. Serving Florida l.oca1 Governments Since 1988 Staff Report Special Exception Applicant's Name: A. M. S.A. Holdings, LLC Petition No. 14- 002 -SE Submitted by: Wm. F. Brisson, AICP Sr. Planner August 13, 2014 Planning Board Hearing: August 21, 2014 Attachments: Future Land Use Map Zoning Map Aerial photograph Serving Florich Local Governments Since 1988 111 Staff Report Applicant's Name: A.M.S.A. Holdings, LLC Special Exception Petition No. 14-002-SE FUTURE LAND USE SUBJECT SITE AND ENVIRONS SEABOARD = - 55 3 1.4 54 COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Serving Florida Local Governments Since 1988 Subject Property E 5 Th. ri,-71-:f.E7 Ars Tk EE '-.E. TH RE ET 111 S7 111 10 Staff Report Applicant's Name: A. M. S.A. Holdings, LLC Special Exception Petition No. 14- 002 -SE ZONING UNINCORF ORATED CSD - COMM BUSINESS DISTRICT CHV• HEAVY COMMERCIAL CLT - LIGHT COMMERCIAL CPO • COMM PROFESSIONAL OFFICE // H- HOLDING IND • IIJDUSTRIAL PUB • PUBLIC FACILITIES PUD•AIDISD PUD-R RAIF - RESIDENTIAL MULTIPLE FAA`L RMH - RESIDENTIAL MO6ILE r RSFt - RESIDENTIAL SINGLE FAAM■L7 RSF2 - RESIDENTIAL SINGLE FMSILY (2) h=ti ZONING SUBJECT SITE AND ENVIRONS Subject Property 55 54 78 Nit 80 NE 6th St. 00 NE 4th St. Serving Florida Local Governments Since 1988 11 Staff Report Special Exception Applicant's Name: A.M. S.A. Holdings, LLC Petition No. 14- 002 -SE SUBJECT SITE AND ENVIRONS Mini Storag Armin Serving Florida Local Governments Since 1988 12 i y ot UKeechobee 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: G-30-114- Petition No. N` -- 00 3 -,, E Fee Paid: 7._ / t Jurisdiction: � t - � �'�- ���tGC.� °� BOA 1st Hearing: of -jLl 2 "d Hearing: Publication Dates: c? '1- 3 ( -22 Notices Mailed: 00(,-1 Exhibit 2 Rezone, Special Exception and Variance —' APPLICANT INFORMATION 1 Name of property owner(s): re 9 9 ki M, O c t i?.P ka. 2 Owner mailing address: Hog g s m street, BEAR O k eect) bee., a 3 tict 7,4 3 , Name of applicant(s) if other than owner 4 Applicant mailing address: 4a e-mail address: 5 Name of contact person (state relationship): EL vie.. Pose�f - A9-e ± 6 Contact person daytime phonei' 63 _ 6.34 - Le 3c/ ct ofFrc .. : 3,43 -763- -5335--- PROPERTY INFORMATION cc Li-o -PK he-' Ct+'�1c: ( 1 t ('C i Property address /directions to property: tta, u; re 1 J I I,Z-�2 SAN. PPrk St. okeec ee- FL 34E i 7 4 8 Describe current use of property: Cvirrn Inn erc.t2L U.se- Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. ii 70 Sc Vt. Metal, 13,4 (.41;1 Con structed in IT? /rte 13 20 51„. Ft. 0-efi Le. anc)( S'vraS e. Source of iet S v va`t''r:F vn. G.:fl r�Yl ethod of sewage disposal: 5 -f i c. 10 Approx. acreage: Q. ' Lf Is property in a platted subdivision? Y es sUv ' f. Pcfcik 11 c . Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: R-vpe -4'y cvrr-en ty has 6pecrai =5<c(=(9.-Lrort 19, r repair - eIcdinls reeves -I-A9 5recirL e cepLo"KA -f'Qr wkolecale. - ware&oure.- Pre- sal es 12 Is a pending sale of the property subject to this application being granted? yes 13 Describe uses on adjoining property to the North: North: goferi!r L.aw Ef\terptiie_.sc. East: Vac-Q1A +" -. Reito(.rs l Storms South: VAc + CvwlMe(c.. aL C2.. West: v'47vvt= C'owlmeI'cl 2,L. 14 Existing zoning: /Ivy. co inn. Future Land Use classification Co,- y-,iiie re , _ i 15 Have there been any prig/rezoning, special exception, variance, or site plan approvals on the property? () No () Yes. If yes provide date, petition number and nature of approval. s pec.cz.L <ay_cep4 o-, Par re -vain— ut)e lcich9 . -- - -- i.._ L. (> :� . r. i i, jsfa .� 16 Request is for: (_) Rezone (V) Special Exception ( ) Variance 17 Parcel Identification Number: 3 2 A 3 7 3 5 6 t1 a,00 03 Qd /3 . 000 2.x1 (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. Prj(rted Nam Date For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicants statement of interest in property: re' e_. 51r1 pie-- OCA-A e f 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: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11@ x 17@1) containing: a. certified boundary survey, date of survey, surveyor-s name, address and phone number b. Legal description of property 9 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 Appraisers Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Prj(rted Nam Date For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: q 0, As3 3) l,(jkdtesa(t_ 7i, Saes / w erehvcAse_ B Are there similar uses in the area? Ic.' ( ) Yes If yes, briefly describe them: 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: f2 r.h: to tk 3 cm, p (o ype:r 9- S M vn, 'i-k rte., S4'l: -. 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] 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. vfoper`(''l ". Lvca°tec on a rint ur 4 t_ar.e, wd Cofryed ah S.c J• lD:16. I Je, '1111ress and e_cjress snd park (IN 5 are__ wore- th actaci.uafe. , L ck access -ere) and. S•W• 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. -five 6(4lcr'�n k vuer {",4 cold to door -, co e l( work eay\ e- don 'tn tcf e, rk"is ,n`4- e0.-f-eo„\ `CI4a vn,. y two <(t ciotte_ Ou4- ;ctle. w i (( be-- Vn (oadl tv,5 -tires Pro Conte t nets 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. • screening u)t) rk Lwi (( %e. dove_ (r cLtie., p» ( cc✓1(oecdtrl 5 e "f- "1 ic3 Cdr�'�i cn e4 c)t-c G 'c-( -41`"a' 1 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. Ike_ vc z 9e (xi (( ,tvZ-- M.vc -k dcCe'ed C. Nit ft() M. GA) z-f has beev\, acme__ h. ., Let 7 excep f-vr Saps and r-ep.trrr w((( Prota'Y.`1 u).e(co 5. Demonstrate how the utilities and other service requirements of the use can be met. (!ft'I Mies are -- pPe.r-eAl plac ... and haves...- I/���,, i u.-se ceoc,- 19 ?7 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. 71e-/-€' / P76:44I vle ry o nn o A S j-f - e o r- OO k z c (.e.- 1-0 cn ` --atr- 6 a riy 7h tea ttj t &,'1-re doors. PPr-kliet y tc more- tklj .deva‘t-e. (Rev 01/12) Page 8 of 11 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. l' /' Per& Aas 6 ad 41"6/al- tl�aye sr1c� (787and IC feco ni acc as commeacta.L o ih-e. Gafl&p. f)/ar. prop« ` has been u-se *Air' rep2(v i anc( tue(cirr5 2. The use is specifically authorized as a special exception use in the zoning district. yes 3. The use will not have an adverse effect on the public interest. PO NO MO re_ 1-1-1z CE his re.vcocts 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. / ]"hen e has bee✓- no ale-/ -ri Me e-1'z L --Pred 7r c.e 1?''7 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 711e p r`o p ev'-itj L c c &fed or a L-( Lao e_ 5. , tv i f 'G1 g. W, //Th Ac%, z c)hc7 ��s e4-11re. Ues i--bo 'riciary . 7e- area (S pri,viaod7 c(ever'qyed 6. The use may be required to be screened from surrounding uses to reduce the im act of any nuisance or hazard to adjacent uses. 71�,� ,C40 ,(d nv1L /e an �� � ifeI Pn c ,e_ /"o,h tAf.- c,t-r aye :7' his hid since_ (,27 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. _in �e �s and e. yr ess rs m',- h art 2y►� a degvalc Gv S(2 7e l A o r1 s:t v. end � pro e, is adev. , 8. --� The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 1 c-- r�e cop1 �/n cl cjir-ai/l c31- in /p/ac�, '1`v�7It47 o r d/`C��r� ez ye.- A as ndf bee,I The FCity srta1witi, in to Staff Report, address the request and evaluate it and the Applicant's submission in light of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (Rev 01/12) Page 9of1I V "J Pared ID Number. 3 -21- 37.35 -0170 -00030 -0120 Oranteo CAI TIN: 267 -74 -7429 Warranty Deed This Indenture, Made this , day of WILLIAM D. NEWELL, of the County of HERNANDO JOHN J. OCIEPKA, a married man, whose address Is 36 5th Street, BH State of Florida • 4 iHOBEE,Florida 34974 of the County of OKEECHOB state of Florida , grantee. Witnesseth that the GRANTOR, for and in TE and other good and valuable consideration to 0 granted, bargained and sold to the said ORANTBf3 lying and being in the county of OKEECHOBE The West 100 feet of Lo TO OKEECHOBEE, accordin Book 2, Page 7, Public Records IOW u oK 375 ncri186 enter )tamps poll In.tho amount of IerkofClrCUitCOUtt rIRO ,19/413-, Between , grantor, and ma sum of 0($10.00) DoU.ARS, d by GRANIEG the receipt Amor is hereby acknowledged, has ',`'`:::'S heirs and assigns forever, the following dcrcn'bed lend, situate, or Florida lowlt: , Block 3, SOUTHWEST ADDITION thereof recorded in Plat Seechobee County, Florida. i-O-U and easements of record, to 1996. Subject to restrictions, r if any, and taxes subsequent The property herein DOES NOT constitute the HOMESTEAD of the grantor (a). 280556 and the grantor does hereby fully warrant the title to said land, and will defcn In VVItness Whereof, the grantor has hereunto set his SIgued, sealed and delivered In our presence: Printed name: ?'b a ;; !', ; d /110,er n Witnes. .r,¢4,Q: Printed name: -p,9,-rgicA Witness STATE OF Florida COUNTY OF HERNANDO The foregoing Instrument was acknowledged before me this WILLIAM D. NEWELL, KEECCI OF CF C Of p • . 9611AR -8 Pi's 3:28 CLERK OF CIRCO /T COUf' a same against lawful .d and seal the da J..,. of atl persons whomsoever, ar first above written. WILLIAM D. WELL P.O. Address 6379 Aldetwood Street, SPRING 11111, PI. 346436 day of who Is personally known to me•orwhrrhaaprodueahfits- OPidetdiib'ef '3-1tCCY1r eurtdrallflattion. Tills Document Prepared By: li'i id I� ABSTRACT 127TILll W 3rd Street V...„,),--•-302 N OKDFC IODDI3 , PL 34972 h44 , 19 %(Oby Printed Name: -,q rR i c j A. NOTARY PUBLIC My.Co m1ss(,..Irpttes: 27580 oFITCIAL NyrAkY SPAL PNl'RICIA A FLECK NOTARY PUBLIC STATE OP FLORIDA COMMISSION NO. CC249899 MY COMMISSION EXP. AN. 4,1997 V--vs) • ono 0ocu� Class C Int of $ onlar Stamps paid In the amount of 'rl( of 1. ►C glblo Tax paid In the amo 475 a0. t oYst�. dato Past ID Number: 3- 21- 37 -35- 0170 - 00030 -0120 Grantbo at TuN: 267 -74 -7428 Warranty s1) eed This Indenture, Made this 10th day of HENRY D. DIETRICH, of the County of OKEECI1O13EE JOHN J. OCIEPKA, whose address is: 1127 SW Park Str or to County or OKEECI10B Witnesseth that the GRANTOR, for and FILED FOR RECORD OKEECIIO[iEE CO. FL. 97 SEP •I I Pig 2:23 SHAI20i; 1t0 iERISOi: CLERK OF (:IRCIJIf COUt':F September , 1997 A.D. , Between , state or Florida , grantor, and ECHOBEE, Florida 34974 State of Florida ' , grantee. f the sum of and other good and valuable considcrallon to 0 granted. bargalncd and sold to the said 0RANTE lying and bcing In the County of OKEECHOB PARCEL I: The East 50.€e ADDITION TO OKEECHOBEE, in Plat Book'2, Page 7, Pub Florida. /100($10.00). DOLLARS, d paid by GRANTER. the receipt whereof is hereby acknowledged, has WS helm and asslgns forever, the following described land, situate, of Florida to wit: s 12. and 13, Block 3, SOUTHWEST, to the plat thereof recorded rds of Okeechobee•County, PARCEL II: The South 100' t Lot 7, Block 3, SOUTHWEST ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 7,'Public Records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1997. The property herein DOES NOT constitute the HOMESTEAD of the grantor (s) nor the homestead of their spouse (s). and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever: Witness Whereof, t grantor has hereunto set his hand and seal the day and year Brat above written. (Seal) ign ', s t led ant delivered i l I JO1'ANNA K. JAR tlr ess DORA A. SEA13Ol Witness nee: HENRY D. DI RI P.O. Address 1112 SW 2nd Street. OKEECHOBEE. FL 34974 Johanna. K. Jerroll MY COMMISSION 1 CC585301 EXPIRES DECEMBER 1, 2000 80)15100)11)001)00 FAIN INUIWOCE, INC. STATE OF Florida COUNTY OF. OKEECHOBEE The foregoing instrument was acknowledged before me Ws HENRY D. DIETRICH, who Is personally known to me. This Document Prepared Dy: OKEECHOBEE' ABSTRACT & TffLD INSURANCE. INC. 302 NW 3rd Street OKERCHODUR , FL 34)72 10th day of September , 1997 by NA K. JARRE PUBLIC My Conunission Expires: 12/01/00 8P0395 PAGEI550 28778 116- 370 PACE 813 Thla Inatrumeat Prepared and Return tot Robert V. Rennody 200 Rg 4th Avenue Ohooahobee, In 31972 Paroel Ho. 3- 21- 37 -35- 0170 - 00030 -0090 THIS WARRANTY DEED -, tde the 14th day of September, 1995 by HENRY D. DIETRICH, a a o an hereinafter called the Grantor, to JOHN J. OCIEPKA, a m r ie an whose post office address is 1104 West North Park Stroo: o . obee, Florida, 34972 hereinafter called the Grantee. WITNESSETH, That the $ 10.00 and other va acknowledged, hereby granta and confirm° unto the County, State of Flori for and in conoidoration of tho sum of naidoratione, receipt whereof is horoby a, oat's, aliona, romtaea, reloaoee, convoya at certain land, situate in Okeechobee Lots 9 and 10 and the Wee Flot t of Lot 11, all being situated in Block 3 of the Southwest Addition o Okeechobee, Florida, according to the plat thereof recorded in l t +o page 7, public recorda of Okeechobee County, Florida. Subject to restrictions, reaorvationa and easements of record. TOGETHER, with all tho tonemants, horoditamonta and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the 'lame in foe aimplo forever. AND the grantors hereby covonanta with aald grantee that the grantor aro lawfully oeizod of aaid land in foe simple; that the grantor has good right and lawful authority to sell and convoy said land, and hereby warranta the title to said land and will defend the acme against the lawful claimp of all poroono whomsoever; and that said land to free of all oncumbrancoa, except taxes accruing eubaequont to December 31, 1994. IN WITNESS WHEREOF, the 'laid Grantor has aignod and sealed th000 pr000nta the day and oar first above written. Signod, -coaled 'and daLLverad Ln tha ret pense oft C WITNESS P ,E"R ✓ K /VV, ) Print Witness Name WITNESS Cli-k.QrNc�. /3(.5te_ Yield Print Witness Name Clerk of Circuit Conn titc0 HENRY D. DIETRICH Rt. 2, Box 50 Jennings, FL 32053 Neu rQwito , Stings paid In the amount of DSO U_ STATE OF FLORIDA COUNTY'OF OKEECHODE X MAIM CBRTITI that on this aaknowledgmenta, personally e described in a who exeautad t the moms. ( Bald person(.) 14/ following t e of identification WITNESS my bond and all September, 1995. ,r eccK 370 PACE 814 me, an officer duly authorised to ndmtniater oaths end take D. DIATRICR, a single man known to me to.bo the persona natrument, who acknowledged before ma that they executed -ally known to me. ( ) geld peraon(a) provided the cense ounty and State last ntoreeald this ( ! day of emu. r•-- c i1. N v, to rn Sy r CLARIECE OURDESHAW �, MY COMMISSION I CC 9 tis00: FxP1RES: Jenouy 16, t9^8 ;3, hs(k ocaosmai way BaasUiderAdMOn n o ary wee My commission expiroa, WiIEC UUJ 1A1 W dY COM MS98gN / CC AGM EXPIRE& JAnimuy ie. oss 'C Thu omen DEC.21.2012 10:54AM COMELY & COMELY PA CONBLY 8c Coma, PA. OFFICE XAC.ATION • 401 NORTHWEST sr= STREW OICEECRODER, FLORIDA 34972 MAILILVAPINU POST MVO DRAWER 1367 OKEECHOBEE, FLORIDA J4973-1367 NO.001 P.2 x:W.. Cosa; A. Tom VV. Coax, M fVISOI 1* M. Haoaoz& TO WHOM IT MAY CONCERN: December 21, 2012 'Durum - (863) 7634 FACT • (363) 7634 John Joseph Ociapka , a/k/a John J. Ociepka, deceased, was the solo owner of JOHN'S AUTO ELECTRIC, an unincorporated business. The business is now an asset of the Estate of John Joseph Ooiepka. a/k/a John J. Ocieppka, and Peggy Ociopka is Personal Representative of tile estate. TWC,1111bj 1 Sincerely, IN THE CIRCUIT COURT IN AND FOR GLADES COUNTY, FLORIDA. PROBATE DIVISION CASE NO. 2012 -CP- 2 In re: Estate of JOHN JOSEPH OCIP,PKA, a/k/a JOHN J. OCIEPKA, Deceased. LETTERS OF ADMINISTRATION (single personal representative) TO ALL IT MAY CONCERN: WHEREAS, JOHN JOSEPH OCIEPKA, a/k/a JOHN J. OCIEPKA, a reaident of Glades County, Florida, died on October 19, 2012, owning assets in the State of Florida, and WHEREAS, PEGGY M. OCIEPKA has been appointed personal representative of the estate of the decedent and has performed all acts prerequisite to issuance of Letters of Administration in the estate, NOW, THEREFORE, 1, the undersigned circuit judge, declare PEGGY M. OCIEPKA duly qualified under the laws of the State of Florida to act as personal representative of the estate of JOHN JOSEPH OCIEPKA, a/k/a JOHN J. OCIEPKA, deceased, with full power to administer the estate according to law; to ask, demand, sue for, recover and receive the property of the decedent; to pay the debts of the decedent as far as the assets of the estate will permit and the law directs; and to make distribution of the estate ace ORDERED ON November / , 2012. cc: Conely & Conely, P.A. CU T JUDO ;1.0 ud1''.y ViiUhi58 ' d(�'r Ccuidy, �1o!ltta• of the od��I� k t �n tW bent uncl °0241) d L�� r ,.,��G � ►t. dfa lam•' -L� =`_'C 09 of 171 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): ?t.9 5 .4 M. (j C tci �< Mailing Address: ((p 5 ST" ST : Ri -.11 o *ee 4% o\ e t Ft. 3 y.s 7 if Home Telephone: Work: Cell: Property Address: (I 17 . (,t), Park S-t. okeeeAUl9ee, F2_- -?q Q 74t Parcel ID Number: 3 z. 37 3 5"o t 7 v o o Q 3Q o O Q o Name of Applicant: F, 5 `/ / 4.. Off, (�� L� ! Home Telephone: Work: 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 UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS DAY OF._)i%1r1c 20f`!,, f j f` jj ✓� ...!!� ���.w !� `y,/ f i f I f/ , (: is k. OWNER WITNESS OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this '1,1 day of °J1.£ 1 l <', '- 20/`; r i / j I i ,0101 % Notary Public: ; ". y (; )l !' /,1 I SEAL .f - j�-- �"'s VICKI S. ANDERSON A� �� �. Nadlry Pubwe • Shit Commission Expires: / �/`, .�� /,..�, • of Florins ,' v MI 4 � L' . 1 . (Rev 01/12) Commission* EE *4132 Page 5 of 11 Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of - .J t ` t j J t ) t' / `/ and the assertions made to me by members of that Office that the information reviewed constitutes the most recent `r' n ( ; day of information available to that office. I therefore attest to this Signatur o A:plicant Date / I 6, lie, Name of Rpplicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this day of ii,it ' x':'/ k . Personally known to me or produced as identification and did not take an oath. Notary Public, State of Florida (Rev 01/12) Seal: VICKI S. ANDERSON Notary Public • Slats of Florida My Comm. Expires Apr 13, 2015 Commission 0 EE 54132 Page 3 of 11 PIN_DSP 1- 17 -37 -3 5 -OA 00- 00017 -0000 1- 17- 37- 35 -OA00- 00017 -0000 1- 20- 37 -35- 0010- 00000 -0070 1- 20 -37 -35 -0010- 00000 -0080 1- 20- 37- 35 -OA00- 00001 -0000 1- 20- 37- 35 -OA00- 00004 -0000 3- 16- 37 -35- 0160 -00270 -0110 3- 16 -37 -35 -0160- 00270 -012 0 3- 16- 37 -35- 0160 -00270 -0140 3- 21- 37 -35- 0170 - 00020 -0010 3- 21- 37 -35- 0170 -00030 -0030 3- 21 -37 -35 -0170- 00030 -0050 3- 21- 37 -35- 0170 - 00030 -0070 3- 21- 37 -35- 0170- 00030 -007 B 3- 21 -37 -35 -0170 -00030 -0140 3- 21- 37 -35- 0170 - 00030 -0170 3- 21 -37 -35 -0170- 00030 -017A 3- 21- 37 -35- 0170- 00030 -0190 3- 21 -37 -35 -0170- 00030 -0210 OWNER_NAME ROWLETT JOSEPH CUMBER ABDUL M & CUMBER YASMIN ROMERO CARLOS & RAMONA & ROMER ROMERO CARLOS & RAMONA COHEN GARY & JOAN N & A CONSTRUCTION INC WILLIAMS ROBERT A BROTHER IN LAW ENTERPRISES INC BIG LAKE INVESTMENTS INC BEATY D S REVOCABLE TRUST AGRE NORTON WALLACE & NORTON TAMELA CITY ELECTRIC SUPPLY COMPANY CUEVAS RACIEL S & LOURDES M TR OCIEPKA PEGGY M ROBBINS ROBERT WADE SECRETARY OF HOUSING & URBAN D SCHREIN GREGORY LEE & JANE MAR MCGLAMORY BARBARA A & EDWARD E SNYDER MARY R within300, 6/20/2014, Page 1 ADDRESS_1 PO BOX 1322 12844 GETTYSBURG CIR 1653 SW 2ND WAY 1653 SW 2ND WAY 27309 BLUERIDGE DR 3031 S TULIP RD 1117 NW 2ND ST 221 NE PARK ST 101 NW 11TH AVE P 0 BOX 1259 400 S PARROTT AVE P 0 BOX 607099 903 KANSAS AVENUE STE P 1105 5TH ST BHR 1112 SW 2ND ST 451 SEVENTH STREET SOUTHWEST 5705 HOOD ROAD 1104 SW 2ND ST 102 SW 11TH AVE CITY_NAME ST OKEECHOBEE FL ORLANDO FL OKEECHOBEE FL OKEECHOBEE FL VALENCIA CA LABELLE FL OKEECHOBEE FL OKEECHOBEE FL OKEECHOBEE FL LAKE WALES FL OKEECHOBEE FL ORLANDO FL MODESTO CA OKEECHOBEE FL OKEECHOBEE FL WASHINGTON DC PALM BEACH GARDENS FL OKEECHOBEE FL OKEECHOBEE FL ZIPCODE 349731322 32837. 349743905✓ 349743905 91354 339355377 349722805 34972 34972 338591259 349740000 328607099 95351 349740405 34974 204108000 33418 349740000 349744038 Litt-,41-c' MtIV 1/4/ MG GArrl%...-111— •-• S./ %a Iv • svo • I P, V SI-SV•ovv■ • ••■• vay. • • v., v.. SR 70 oi Ii ice 1-17.37-35-0A00-000174000 ROWLETT JOSEPH PO BOX 1322 OKEECHOBEE FL349731322 1-20-37-350A00-00C COHEN GARY-,t 27309 RIDGE .DR VALENCIA • 1-20;37-35-0A00-0000- 0:' N AtONSTRUCTIONCI0N0C 3031'S'TULIP,R13: W 12TH AVE • • • Legend L_ PARCEL BOUNDARY WITHIN 100' NW 2ND ST 0 3-18-37;35-0160-00270-0140 BIG LAKE INVESTMENTS INC 101 NW 11TH AVE OKEECHOBEE FL34972 _ 3-21-37-35-0170-00030-0078 73 • ,OCIERM PEGGY M .1.1 OE vni sr 131-IR OKEECHOBEE FL349740405 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON 3-21-37-35-0170-00030-0090 H SW PARK ST • ANGELA JONES.FOWLER, GISP 1 inch = 144 feet Date: 6/20/2014 BOUNDARY SURVRY PRRPRHD FO DESCRIPTION: ALL OF LOTS 9, 10, 12 AND 13 AND THE WEST 100' OF LOT 11 AND THE SOUTH 100' OF LOT 7, SOUTHWEST ADD/770N TO OKEECHOBEE, ACCORDING TO 771E PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE Z PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LESS AND EXCEPT LANDS AQU/RED BY FLORIDA DEPA TMENT OF TRANSPOTA 770N (FOOT) FOR RIGHT-OF-WAY PURPOSES, DESCRIBED IN OFFICIAL RECORDS BOOK 465, PAGE 1601, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND MEASURED(M). 2) SITE ADDRESS: 1127 SW PARK STREET 3) PARCEL ID: (LOTS 9, 10 & W 1/2 OF LOT 11) 3- 21- 37 -35- 0170 -00030 -0090 AND (LOTS 12, 13 & S. 1/2 OF LOT 7) 3- 21- 37 -35- 0170- 00030 -007B. 4) F. /. R. M. ZONE: ZONE UNDETERMINED, PARCEL LIES W/ THIN THE OKEECHOBEE CITY LIMITS. 5) THE DESCRIPTION SHOWN HEREON WAS PROVIDED BY THE CLIENT OR THE CLIENT'S REPRESENTA TTVE. 6) BEARING REFERENCE: 7HE EAST RIGHT -OF -WAY LINE OF SW 127H AVENUE IS TAKEN TO BEAR NORTH 0001'01" WEST 7) THIS SURVEY IS NOT INTENDED TO DEPICT JUR /SD /C710NAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 8) SURVEYOR WAS NOT PROVIDED 14177 -I ANY TITLE INFORMA 770N FOR THIS PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS SHOWN HEREON, THERE 41A Y BE OTHER EASEMENTS OR RESTR /C71ONS THAT EFFECT THIS PARCEL. 9) THE 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 WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PART7ES. 10) DATE OF LAST FIELD SURVEY 06/17/14. PROJECT SPECIFIC LEGEND: (C) = CALCULATED (M) = MEASURED (P) = PLA T (FDOT) = FLORIDA DEPARTMENT OF 7RANSPORTA 770N RIGHT-OF-WAY MAP PREPARED FOR THE EXCL USl VE USE OF: MODILI INTERNA T1ONAL USA, INC. JUNDARY SURVEY 06/26/14 300/19 WC KAB DESCRIPTION DWG. DATE F8/PG BY CK SCALE 1' = 40' SHEET 1 OF 1 DRAWING NUMBER: LEGEND 0—Set Iron Rod and Cap "KAB LS 4820" ! —Found CM 0 —Found Iron Rod (and Cap) ® —Found Pipe (and Cap) ABBREVIATIONS t{=Boseline; BM= Benchmark; C= Centerline; C= Calculated; CATV =Cable TV; CM= Concrete Monument; CONC= Concrete; D =Deed; .A=Delta or Central Angle; E =East; E'LY= Easterly, E/P =Edge of Pavement; ESMT= Easement; F.LR.M. =Flood Insurance Rate Map; FND= Found; IP =Iron Pipe; IR &(C) =Iron Rod (and ID Cap); L =(Arc) Length; M= Measured; MH= Manhole; N= North; N'LY= Northerly; NGV(D)= Notionol Geodetic Vertical (Datum) of '929; NTS =Not to Scale; OHW= Overhead Wires; Fj= 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 Devotion based on indicated Datum. STANDARD NOTES: 1. No search of ti shown was perf< 2. The survey dep 3. No responsibilit 4. Not valid withol 5. There are no v 6. No attempt wa this survey. 7. This survey wa: Board of Surve Statutes. ODILI INTERNA TION 17 16 C -1: DELTA = 11'58'53 "(FOOT) 11'58'08 "(C) RADIUS = 482.00' LENGTH = 100.77(FDOT) 100.69'(C) L USA, INC. L-1: N 89 °55100° E 99.95'(C) 1 ❑0.00'(P)(FDOT) N. LINE OF SECTION 21 -37 -35 21 U.S. HIGHWAY 70 (SW PARK STREET) (ASPHALT ROAD) R/W WIDTH VARIES 15.70'(FDOT)(C) C -1 F ' N 89'55_00" E 35.00' CONCRETE 13.05'(FDOT) 13.02'(C) LESS & EXCEPT LAND TO FDOT (0.R.B. 465, PAGE 1601) CONCRETE CURB & GUTTER SIDEWALK SET PK NAIL & DISK "KAB LS 4820" FOUND 5/8" IRON R00 & CAP "FDOT" 6.3' S, 0.3' W. ASPHALT 50.3' - 0v _1 . a cA a= N rn 0 W ANCHOR 19.9' CONCRETE 20.0' SHELL LOT 10 30.0' LOT 10.1' 1 STORY METAL BUILDING 5.06'(FDOT)(C) 21.26'(FDOT) 21.31'(C) SET 5/8° IRON ROD & CAP "KAB LS 4820" i LOT8 WI Ln UTILITY POLE 35.0' SET 5/8" IRON ROD & CAP "KAB LS 4820" FOUND 5/8" IRON R00 (NO I.D.) 0.3' S, 0.7' W. ( W. 100' LOT 11 LOT 11 LESS W. 100' UTILITY POLE S 89'53'18" E 99.96'(C) 100'(P) SET 5/8" IRON ROD & CAP "KAB LS 4820" 16 •w i0 • Z LOT 12 TOTAL PARCEL CONTAINS ±0.84 ACRES - Z FOUND 5/8" IRON ROD i & CAP (ILLEGIBLE) UTILITY POLE POND LOT 13 1 - ANCHOR - - 149.95'(C) 150'(P) 99.90'(M) UTILITY POLE SANITARY MANHOLE ANCHOR LOT 14 00 S 00'01'15 E LOT 7 LESS S. 100' S 89°5311/3" E SWALE 99.96'(C) 100'(P) SET 5/8" IRON ROD & CAP "KAB LS 4820" FOUND 5/8" IRON ROD (NO I.D.) 0.1' N, 0.4' W. FOUND 5/8" IRON ROD & CAP "DEHAYS 5178" N 89°53'18" W I S. 100' I ti LOT 7 2 99.94'(M) 2001(P) UTILITY POLE -" I 15' WIDE ALLEY LOT 15 LOT 16 49.99'(C) 50.0'(P) 8 „M LOT 17 LOT 6 0 O til Ot O 0 0 FOUND 5/8" IRON ROD (NO I.D.) LOT 18 OR 4[=0 0 20 40 SCALE IN FEET MAP SCALE 1 INCH = 40 FE INTENDED DISPLAY SCALE Iblic records for determination of ownership or restrictions affecting the lands d by the surveyor. here is prepared exclusively for those parties noted. liability is assumed by the surveyor for use by others not specifically named. e signature and embossed seal of Florida licensed surveyor and mapper #4820. above ground encroachments except as shown. ide to locate underground improvements and /or encroachments (if any) as part of pared in accordance with minimum technical standards established by the Florida and Mappers (Chapter 61G17 -6, F.A.C.) pursuant to Section 472.027, Florida TRADEWINDS SURVEYORS 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763 -2887 Fax: (863) 763 -4342 Email: kab.twps@yahoo.com A VennPfh A Rrr,anv Tr. tliCluf aa9nl city of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974 - 2903i Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: G.- 30_itk Petition No. ig -004- Fee Paid: 74-144- e &I j)3j y5 urisdiction: RO,19 1st Hearing: �.. - � i 2nd Hearin 2 Hearing: Publication Dates: 6 c..li 13 Notices Mailed: , ' (p) 14 Exhibit 3 Rezone, Special Exception and Variance APPLICANT INFORMATION Name of property owner(s): Pe-99 M. Dc rep k2 Owner mailing address: (05 s-rm, sr gHt, Qkeed tobee, FL 3`0 7z+ 1 2 3 Name of applicant(s) if other than owner 4 Applicant mailing address: 4a e -mail address: 5 Name of contact person (state relationship): E/v (e. 1 05 — �g�- 6 Contact person daytime phone(s): 8b3 _ 63/4 _ Lf 3 9 c� o tcg; g.63 -'743 - 5335 �-eu� PROPERTY INFORMATION a Gt:rV1 f Te403 Property address /directions to property: J /112 5,w. Pardo SC, Qkeecho6eee P. '' ? f (, ''l a r` on � r ` x k c (j 6' r J 8 Describe current use of property: ' CommercraL Use Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. Lt ?-70 S cp Pr: fl el-2 f. & L.c4g. Co ri s t- cc c t 'd ,?) /1.2'6 / 32.oSci I7; OCOc� at& S -iota, /COO tr: GA-r�9 e. Source of potable eater: (• Method of sewage disposal: f, 10 Approx. acreage: c` ,?(. Is property in a platted subdivision? es. S .Ltl. toic%i°t . 11 Is there a use on the prop rty that is or was in violation of a city or county ordinance? If so, describe: Properlj Cvrrp�t& Aar Spec/ ebece/ ia-i 4r (epair- k46;1*cj 12Q( -'e –rihy peua C e>,cc itwr 17' Lao r cp ,'.. bre. rsfa /tan0, I / c r e p a ; r , 2 1 - v o e - t o , min- c.,r- r�ns,he. rep afir: Is a pending sale of the property subject to this application being granted? yes 12 13 Describe uses on adjoining property to the North: North: 5)rot �-r t, Lau >_A4-e f-pricef .r1c_.. East: (f!)c� South: U 2 c a u j Con1VVIer cl'-t. C-2_ West: U nn (1.1 -- pf PV row S tore- ,A-{ -- Co wt M.e$rc.i a, L- 14 Existing zoning: i:4 �� Future Land Use classification C: rmmc�'r e /a 15 Have there been any prior ezoning, special exception, variance, or site plan approvals on the property? ( ) No ( _) Yes. If yes provide date, petition number and nature of approval. 5 t a�- eXQ , l7oo; -A r z v' –cue /d/�5 13.•i 14 ._ G % �+- "a'i'd ii-yu l 16 Request is for: ( ) Rezone ( XS) Special Exception ( ) Variance 17 Parcel Identification Number: 3 2 (37 3S'O 17 0 0003o 0o7,3 Sat 3735017006030 (7) r/U (Rev 01/12) Page 1of11 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. Printed Name Date Cfy �W 4� 9 For questions relating to this application packet, call General Services Dept. at (863) - 763 -3372, Ext. 218 (Rev 01/12) Page 2of11 REQUIRED ATTACHMENTS 18 Applicant :s statement of interest in property: e- 5(01,4 -OWE 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 Note: Resolution No. 9841 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: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11@ x 171) containing: a. certified boundary survey, date of survey, surveyors name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraisers Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Printed Name Date Cfy �W 4� 9 For questions relating to this application packet, call General Services Dept. at (863) - 763 -3372, Ext. 218 (Rev 01/12) Page 2of11 STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:191 Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. proper major 4 fie. 5+a-fe- Rd. (..) a cornett. On S', W. (arj° pue, par-(<<n� ere_ more_ a", ada.cv_e , U.) access S., P. is ��a -fed or\ S reS s, e5 ress ,70 end sw, an c,Q a.-cia Act 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. The_ b (d, n has- ry (( v clarzye doors 5o 2,(t wor- /c Can 6.2 done- (r1S(C�. -e. it is (44-(=eA +cvv■ `tht-f- the • only 0 (A"S1de, aGft I(.17 wt"I( b.e_ t_ un(oacQt'r1J s°F�ireS. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 04( work rl ( b e_ /i).rid er 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. Tree c(•e. w,%( /la be- much dr icere,4 t ` +vt what A s beet. aeons st4 087, l cre will prOeehly ho+be— a-A9 cAJ,c(drn don Q, a.nc( Y'r,e Sa /cr enC( acc7�4 r`ef)- it cue(( 62_ 3110 -(45 dr reere,,,f 7rv,tir whaf /\ a s r6eler1, beef a1 e 5. Demonstrate how the utilities and other service requirements of the, use can be met. wri /rips cvrreylf�y i� 2nd 4acie. 6e44 rn (Ire s46.e (?e7 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. r is p /erpl y o 7' roc)/11 c#i Sd fe v) r, UcGIt cC'es lo h q t ld r n5 Pa rl <lsl) P r Marc % a'i Sde_cips 4e , /4rocr% araDe doors. (Rev 01/12) Page 8 of 11 ADDITIONAL. INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: c; ,j* (I-0 r "tt GLIBl(0 R.0,(94.61 .5 V C,5 B Are there similar uses in the area o ( ) Yes I f yes, briefly describe them: 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: Si-0AIil ,ut y 111 3 employees- q-s mvN rtiele- sit /Ill fzp .,ircr w,1( b-e o1:s h e, / ',sae j co /dt;r9 , 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.rn. peak hour trips, and level of service on all adjacent roadway links with and without the project. Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:191 Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. proper major 4 fie. 5+a-fe- Rd. (..) a cornett. On S', W. (arj° pue, par-(<<n� ere_ more_ a", ada.cv_e , U.) access S., P. is ��a -fed or\ S reS s, e5 ress ,70 end sw, an c,Q a.-cia Act 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. The_ b (d, n has- ry (( v clarzye doors 5o 2,(t wor- /c Can 6.2 done- (r1S(C�. -e. it is (44-(=eA +cvv■ `tht-f- the • only 0 (A"S1de, aGft I(.17 wt"I( b.e_ t_ un(oacQt'r1J s°F�ireS. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 04( work rl ( b e_ /i).rid er 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. Tree c(•e. w,%( /la be- much dr icere,4 t ` +vt what A s beet. aeons st4 087, l cre will prOeehly ho+be— a-A9 cAJ,c(drn don Q, a.nc( Y'r,e Sa /cr enC( acc7�4 r`ef)- it cue(( 62_ 3110 -(45 dr reere,,,f 7rv,tir whaf /\ a s r6eler1, beef a1 e 5. Demonstrate how the utilities and other service requirements of the, use can be met. wri /rips cvrreylf�y i� 2nd 4acie. 6e44 rn (Ire s46.e (?e7 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. r is p /erpl y o 7' roc)/11 c#i Sd fe v) r, UcGIt cC'es lo h q t ld r n5 Pa rl <lsl) P r Marc % a'i Sde_cips 4e , /4rocr% araDe doors. (Rev 01/12) Page 8 of 11 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. Ac ®r °Ah`5j / as / ac0 coM/Ne/Cfa L th t'9?7 and r:r �wyvlcied as cdn4 vie ftec1-- ( on 7' CcrMp PLael 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an adverse effect on the public interest. N O M v re_ +6 zn t 4 ADS p/`e vto w (� 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. 7ere 4 es . eeel no cle 'r, elerltaL. e-°F 745/) ce /7y7 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. /fie, projer't !s Jo Ca fed on a i-f eavie_ sTa-fe- Road wi'A S Gtl. I.2_Th /4-u al along ;¢;s cr4hre (Aiesf- 6uu4dsey. ike,zrea cs' pi- 1'4104.r)y ecJe ,�f c✓ 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or h%azard to adjacent uses. use_ Ter�sl,v��� nv7` -� any cif .f his had sfhec_ ( (187 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. .�/1, /'esl zed eyes /S twos -e_ -th ail cde l,&t e wt'1-6 T,O, 70 7 7 e._ h o arN ol C. w, 1 a.T Prue fia w.e.r* Pie size- and decc ' 4 cal' Ada' Pr°fei/.1-y Is 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. %he- r re,itaq ho' a4d ceralrta are_ fh pAsc_ie_ F(ooc4ii and cif- .rneye A (J•Te_ nvfino^ /' bt v,� 1n rr9V. The City Carr wil, In the taff Report, address the request and evaluate it and the Applicant's submission in Tight of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (Rev 0 1 / 1 2 ) Page 9 a l l Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Peggy M. Ociepka Petition No.: 14-003-SE and 14-004-SE Liti 11,7.1 Planning & Management Services, Inc. 1375 Jackson Street, Suite No 'Fort Nlyers, Florida 239-334-3366 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 14- 003 -SE & 14- 004 -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 Peggy M. Ociepka 1105 5th Street, BHR, Okeechobee, FL 34974 1127 SW Park Street Elvie Posey, Agent Ce11,863- 634 -4399; Office, 863 - 763 -5335 aaronfxh @gmail.corn (Aaron Feng) Existing Commercial CHV, Heavy Commercial Unoccupied , former John's Auto Electric & Auto Service 0.844 Proposed Commercial CHV, Heavy Commercial Wholesale, warehouse and Mechanical and repair services. 0.844 Legal Description of Property Location: 1127 SW Park Avenue, Okeechobee, FL Parcel Identification Number: 3- 21- 37 -35- 0170 - 00030 -0090 (lot with existing improvements) and 3- 21- 37 -35- 0170 - 00030 -007B (adjacent vacant lot to south). ALL OF LOTS 9 AND 10 AND THE WEST 100 FEET OF LOTS 11, 12 AND 13, BLOCK 3, SOUTHWEST ADDITION TO OKEECHOBEE, FLA., ACCORING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 7 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND PARCEL I: THE EAST 50 FEET OF LOTS 12 AND 13, BLOCK 3, SOUTHWEST ADDITION TO OKEECHOBEE, FLA., ACCORING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 7 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND PARCEL II: THE SOUTH 100 FEET OF LOT 7, BLOCK 3, SOUTHWEST ADDITION TO OKEECHOBEE, FLA., ACCORING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 7 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, Serving Florida Local Governments Since 1988 1 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 14- 003 -SE & 14- 004 -SE Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment includes two Special Exceptions for the property at 1127 S.W. Park Street. The first Special Exception is for wholesale tire sales and warehousing. The second is for mechanical and repairs services. These two Special Exception Applications have been combined into this one Staff Report because all of the activities associated with these Special Exceptions will be undertaken as one business on the property. This property had previously received approval of Special Exception (13- 004 -SE) for repair and welding in December of 2013. Description of the Situation The parcel carries a Future Land Use designation of Commercial and is zoned CHV, Heavy Commercial. The site was previously operated under the name of John's Auto Electric & Auto Service. The 1,320 square foot northernmost office /storage building was constructed in 1986 and the 3,000 square foot garage building adjacent to it was built in 1997. According to the applications, the activities to be undertaken will include wholesale and retail sales and installation of automobile tires, warehousing of the tires, and general auto repairs including a/c repair, tune -ups and minor engine repair with all of the above activities to be conducted within the buildings. The proposed use will start with three employees and the business will operate Monday through Saturday between the hours of 9:00 AM and 5:00 PM. It should be noted that the existing use is housed in a nonconforming structure as defined in the LDRs as follows: "Nonconforming structure means a lawful building or structure existing on the date of enactment or amendment of these regulations, but which does not conform to the yard, setback, coverage, height, parking, landscaping or supplementary regulations of the district in which it is located." The original 1,320 square foot structure conforms to all setback requirements. It is difficult to tell without a survey, but the 3,000 square foot garage appears to be noncon- forming with respect to the required street side yard setback of 15 feet. The new owner will not be required to address these nonconformities. However, the combined structure is also nonconforming as to landscaping and parking requirements. Specifically there are no shade trees or shrubs provided as required under Sections 90 -532 and 90 -534. In addition, the four parking spaces along the east side of the office are not paved or lined. Section 90 -35(d) sets forth the regulations governing how a nonconforming structure is treated when the underlying land is sold. In this case, Section 90 -35(d) Serving Florida Local Governments Since 1988 2 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 14- 003 -SE & 14- 004 -SE requires that the landscaping requirements be met "to the extent reasonably possible." Further, Section 90- 35(d)(1) requires that those portions of the property that have been used for off - street parking but are unpaved or unmarked or otherwise do not meet the City's design standards should be improved to City standards for off - street parking and vehicular use areas. Adjacent FLUM Classification, Zoning District, and Existing Land Use North Future Land Use Map Zoning District Existing Land Use Future Land Use Classification East Zoning District Existing Land Use South West Future Land Use Classification Zoning District Existing Land Use Future Land Use Classification Zoning District Existing Land Use Commercial CHV Across SR 70: MH /RV Park, vehicle sales and retail stores Commercial CHV Vehicle Single - Family to the immediate south of the property to the south of the existing garage. CHV & RSF -1 Church and Vacant The property west of SW 12th Av. is in the unincorporated part of the County and provides for Commercial use. Provides for Commercial use Vacant 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. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Peggy M. Ociepka Special Exception Request Petition No. 14- 003 -SE & 14- 004 -SE (1) Demonstrate that the proposed location and site are appropriate for the use. "The property is located on a major 4 lane SR with a corner on SW 12th Ave. Ingress & egress and parking are more than adequate with access from SR 70 and SW 12th Ave." We agree that the location and site are appropriate for the use. The prop- erty is located within the Commercial Corridor and is zoned CHV and is generally surrounded by nonresidential zoning and uses except for the single - family use immediately to the south of the vacant parcel also being purchased by the Applicant. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. (3) "The present building has overhead roll up doors so that all work can be done inside. It is the intention that the only work done outside will be unloading tires from containers." We agree. The activities to be undertaken will be wholesale and retail sale and storage /warehousing of tires as well as general auto repair, tire instal-. lation, a/c repair, tune -ups and minor engine repairs which are not significantly different from the John's Auto Electric and Repair Service or the welding and repair services contemplated when the prior Special Exception was approved in December of 2013. We recognize that the Applicant is making no changes to the property that would indicate intensi- fication of the use and 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. "All work will be done inside, only unloading of tires from container outside." We agree that no special visual screening will be necessary. However as a result of the impending transfer in ownership, the new owner will be required to provide landscaped buffers in conformance with the require- ments of Sections 90 -532 and 90 -534. The compliance with this requirement will be assessed during the site plan review by the Technical Review Committee (TRC). Serving Florida Loral Governments Since. 1988 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 14- 003 -SE & 14- 004 -SE (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 usage will not be much different from what has been done since 1987. There will probably not be any welding done, and tire sales and auto repair will be only slightly different from what has formerly been done." We agree, assuming there will be neither outside storage of materials or customer property prior to or awaiting repair nor any repair or installation activity conducted outside the building. Demonstrate how the utilities and other service requirements of the use can be met. "Utilities are presently in place and have been in use since 1987." We are unaware of any problems with utility services to the site in the past, and would not expect the proposed activities to place any greater demand on public services than the previous operations. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "There is plenty of room on site for vehicles to enter building through garage doors. Parking is more than adequate" Traffic generation should be similar to, but could be slightly greater than, that previously occurring under the former operation. Any modest increase can be accommodated within the capacity of the property and access roads. However, based on the requirement for one space for each 150 square feet of floor area in the 3,000 square foot garage and one space for each 300 square feet of non - storage space in the original 1,320 square foot office, the parking requirement would be 23 spaces. While the new owner is not required to provide additional parking, he /she must address the require- ments of Section 90- 35(d)(1). This means that the four (4) unpaved parking spaces should be improved to city standards with pavers or other dustless surface and the driveway should also be similarly improved. Compliance with this requirement will be assessed during the TRC review of the site plan. Serving Florida Local Government's Since 1988 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 14- 003 -SE & 14- 004 -SE Section 70- 373(c) (1)`— 8 When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1)-(8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "The property has had a commercial usage since 1987 and is recognized as commercial on the comp plan. The property has been used for repairs and welding. We agree. The Commercial Future Land Use Category envisions a wide variety of commercial uses and retail and wholesale sales and storage and auto repair services are considered allowable uses. (2) The use is specifically authorized as a special exception use in the zoning district. (3) "Yes it is." We agree. §90- 283(7) specifically lists "Wholesale, warehouse not including bulk storage of flammable liquids" and "Mechanical and repair services" as a Special Exception uses in the CHV District . The use will not have an adverse effect on the public interest. "No, no more than it has previously." 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. "There has been no detrimental effect since 1987." We agree that the location and site are appropriate for the use. The prop- erty is located within the Commercial Corridor and is zoned CHV and is generally surrounded by nonresidential zoning and uses except for the single - family use immediately to the south of the vacant parcel also being purchased by the Applicant. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 14- 003 -SE & 14- 004 -SE (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The property is located on a 4 lane SR with SW 12th Ave along its entire west boundary. The area is primarily developed. The retail and wholesaling, storage and installation of tires and auto repair services on the site, should have no significantly greater impact than that previously undertaken or approved for the site. As such the proposed uses should not be expected to adversely affect property values or living conditions in the area. Its characteristics and impacts are similar to previously approved uses and the former use. (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 should not be any difference from the usage it has had since 1987." We agree that no special visual screening will be necessary. However as a result of the impending transfer in ownership, the new owner will be required to provide landscaped buffers in conformance with the require- ments of Sections 90 -532 and 90 -534. The compliance with this requirement will be assessed during the site plan review by the Technical Review Committee (TRC). The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "Ingress and egress is more than adequate with SR 70 to the north and SW 12th Ave to the west. The size and the design of the property is more than adequate. Density is not an issue with a commercial use and no significant increase in commercial intensity is envisioned that would have a negative effect upon public services or facilities. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Peggy M. Ociepka Special Exception Request Petition No. 14- 003 -SE & 14- 004 -SE (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The retention and drainage are in place. Flooding or drainage has not been an issue since 1987." We agree that neither will traffic congestion be increased nor traffic safety be compromised by location of the proposed uses of the property. Since there is no physical change to the structures or other improvements except for the paving of the four parking spaces and repaving of the driveway, there should be little, if any, change in the drainage situation. Recommendation Staff recommends approval based upon the foregoing analysis and findings with the following stipulations: 1. The four parking spaces on the east side of the office are improved to City standards with pavers or other dustless surface. 2. The driveway is improved to City standards with a dustless surface. 3. Landscaped buffers are provided in conformance with the requirements of Sections 90 -532 and 90 -534. Submitted by: Wm. F. Brisson, AICP Planning Consultant August 13, 2014 Board of Adjustment Hearing: August 21, 2014 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses Google Street View Serving Florida Local Governments Since 1988 8 Staff Report Applicant's Name: Peggy M. Ociepka Special Exception Request Petition No. 14-003-SE & 14-004-SE Subject Property 26 FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS 25 MI= 1 SW 2rid ot. 1 5' SW 3rci St. COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY al MULTI - FAMILY 1011 COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Serving Florida Local Governments Since 1988 • 9 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 14-003-SE & 14-004-SE Subject Property ZONING MAP SUBJECT SITE AND ENVIRONS 13U 133 N VV varK $L SW-2 ---> 6 1 5 5 I SIN S3rd.St.H.. ZONING ▪ CBD - COMM BUSINESS DISTRICT E D c 1-ry - HEAVY COMMERCIAL LIGHT COMMERCIAL • COMM PROPESCIONAL OFFIC H-HOLDING IND - INDUSTRIAL PUB • PUBLIC FACILITIES PLID•MIXED • PUD-Ft RMF RESIDENTIAL MULTIFAMILY RMH - REGIDENTIAL MOBILE HOME RSF - RESIDENTIAL SINGLE RE=T}-SINGLE Serving Florida Local Governments Since 1988 10 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 14- 003 -SE & 14- 004 -SE AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES Subject Property eithA Serving Florida Local Governments Since 1988 11 Staff Report Special Exception Request Applicant's Name: Peggy M. Ociepka Petition No. 14- 003 -SE & 14- 004 -SE GOOGLE STREET VIEW Serving Florida Local Governments Since 1988 .5toft to-r1 Exhibit 4 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: 7 -8,14. Petition No. /4 - -0O5 S E Fee Paid: 500,0e eK# /450, Jurisdiction: -EOM- 1st Hearing: 8,_,-_-/ 1_1 L( 2nd Hearing: -. Publication Dates: 1:. ,-( :311?) Notices Mailed: e, E t, :l i c -1 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): CSW 13, LLC. 2 Owner mailing address: 1080 SE 23rd Street, Okeechobee, FL 34974 3 Name of applicant(s) if other than owner Tammie Henderson d /b /a Lil School Beneath the Pin: 4 Applicant mailing address: 215 NE 11th Street, Apt. 15; Okeechobee, FL 34972 4a e-mail address: f a yp M i G h e i Uf 15'0 n e, i t ve • corn Name of contact person (state relationship): Tammie Anita Henderson, Co -owner of Lil School 6 7 Contact person daytime phone(s): 772- 453 -3392 Beneath th PROPERTY INFORMATION Property address /directions to property: 1811 SW 2nd Avenue, Okeechobee, FL 34974 Rare n ciK.ct e ,1e'ycd - c,w.(crn ()tit`- rre.Pc(t) Describe current use of property: VACANT 8 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. 2 structures formerly used as private daycare; also fenced playground 9 Source of potable water: City Method of sewage disposal: City 10 Approx. acreage: .50 acres Is property in a platted subdivision? YES Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 11 NO 12 Is a pending sale of the property subject to this application being granted? YES Describe uses on adjoining property to the North: Commercial a/ :o Living Word of Faith and 'North: Residential :oast: 13 Pritchards) V South: Residential vWest: Residential 14 Existing zoning: CPO Future Land Use classification Commercial Have there been any prior rezoning, special exception, variance, or site plan approvals on the 15 property? (_) No (X) Yes. If yes provide date, petition number and nature of approval. Approx early 1990's for use as a daycare 16 Request is for: ( ) Rezone (X) Special Exception ( ) Variance 17 Parcel Identification Number: 3- 28 -37 -35 -0050- 00350 -0110 and 3- 28 -37 -35 -0050- 00400 -0071 (Rev 01/12) Page 1of11 Processed C &M: 7/8/14 s Pines J Confirmation of Information Accuracy hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Printed Name Date Tammie Anita Henderson d /b /a Lil School Beneath the Pines For questions relating to this application packet, call General Services Dept. at (863) -763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 Processed C&M: 7/8/14 REQUIRED ATTACHMENTS 18 Applicants statement of interest in property: Applicant is a Co- purchaser on a pending Real Estate Purchase Contract 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: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11g x 170 containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser-s Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Printed Name Date Tammie Anita Henderson d /b /a Lil School Beneath the Pines For questions relating to this application packet, call General Services Dept. at (863) -763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 Processed C&M: 7/8/14 STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:19] Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed Location and site are appropriate for the use. The proposed location was previously used as a daycare facility and remains in a condition that would allow for the same use currently. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. The proposed property is constructed in a way that matches the surrounding area and that allows the property to be used as a childcare facility with no special design efforts required. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. The property currently has fencing in place that will protect the children while they are on the playground. No use of the property would require additional visual screening. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. There are currently large circle driveways located on the property that will eliminate (or substantially reduce) cars from parking and /or idling on the road while dropping off and picking up children. There is currently a parking lot located on the property to allow for employee parking. 5. Demonstrate how the utilities and other service requirements of the use can be met. Utilities and power lines have already been established at the property and were previously in use. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. Please refer to Question 4. (Rev 01/12) Page 8 of 11 Processed C &M: 7/8/14 ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: To allow the property to be used as a daycare facility. f ;� ,, NU. / �t f t� lf� B Are there similar uses in the area? No ( )Yes If yes, briefly describe them: C 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: Daycare facility during the hours of 6am to 6pm Monday thru Friday. There will be 10 employees. Children will be mainly indoors, but will play in the fenced area playground at various times during the day. 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] Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed Location and site are appropriate for the use. The proposed location was previously used as a daycare facility and remains in a condition that would allow for the same use currently. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. The proposed property is constructed in a way that matches the surrounding area and that allows the property to be used as a childcare facility with no special design efforts required. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. The property currently has fencing in place that will protect the children while they are on the playground. No use of the property would require additional visual screening. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. There are currently large circle driveways located on the property that will eliminate (or substantially reduce) cars from parking and /or idling on the road while dropping off and picking up children. There is currently a parking lot located on the property to allow for employee parking. 5. Demonstrate how the utilities and other service requirements of the use can be met. Utilities and power lines have already been established at the property and were previously in use. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. Please refer to Question 4. (Rev 01/12) Page 8 of 11 Processed C &M: 7/8/14 See M1ithd FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an adverse effect on the public interest. 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 will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (Rev 01/12) Page 9 of 11 Processed C &M: 7/8/14 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION (Page 9 of 11) Applicant, Tammie A. Henderson (together with a partner), is in the process of purchasing the property located at 1811 SW 2nd Avenue, Okeechobee, Florida (the "Property "). Applicant wants to re- establish a daycare facility at the Property, which was the prior use of the Property. Applicant understands the need for daycare in our community and wants to operate a daycare facility at this Property. 1. The Property is in the Commercial Future Land Use classification and is consistent with the Comprehensive Plan requirements. 2. The use is specifically authorized as a special exception in the CPO zoning district. See Section 90- 223(1). 3. Although the adjoining properties on three sides are single family residences, there is nearby commercial use. On SW 2nd Avenue, to the south, there is a walk -in clinic, and a small commercial strip center. To the west of the Property, there is a church and an insurance office. Because of such commercial use nearby, the daycare use is consistent with the overall mixed use area and would not have an adverse effect on the public interest. 4. The Property previously functioned as a daycare. Although exact dates cannot be supplied, it is estimated that such use continued for at least 15 years. The Property is in an area of mixed use (see answer #3 for more details). Therefore, the use of this Property as a daycare is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. 5. The Property previously functioned as a daycare and there does not appear to have been any adverse effect upon property values or living conditions in the area. Further, there does not appear that there was any deterrent to the development of adjacent property. 6. The daycare use should not pose a nuisance or hazard to adjacent uses. The children will be inside the facility for the majority of the day, with short outside play times. The area where the children will play is fenced, and therefore they will not be entering upon adjacent property and will not be a hazard to such adjacent properties or property owners. At least one side of the property currently has an opaque fence for screening; at this time, there are no plans to install additional fencing. 7. There will be some traffic at drop off and pick up, but it will not be extreme. There is a paved circular drive in front of northernmost building and an unpaved circular drive in front of the southernmost building, that will eliminate (or substantially reduce) cars from parking and /or idling on the road during these times. 8. It is not anticipated that re- establishing this daycare use would create traffic congestion, flooding or drainage problems, or otherwise affect public safety. There will be some traffic at drop off and pick up, but it will not enough to cause traffic congestion. No outdoor construction is anticipated at this time and therefore, re- establishing this use should not cause flooding or drainage problems. Providing a daycare facility for the community will actually help families to keep their young children safe and cared -for, rather than cause public safety problems. [7738- 172244.WPD] 2014 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L13000101792 Entity Name: CSW 13, L.L.C. Current Principal Place of Business: 1080 S.E. 23RD STREET OKEECHOBEE, FL 34974 Current Mailing Address: 1080 S.E. 23RD STREET OKEECHOBEE, FL 34974 US FEI Number: 46- 3209587 Name and Address of Current Registered Agent: WORD, CARROL 1080 S.E. 23RD STREET OKEECHOBEE, FL 34974 US FILED Jan 09, 2014 Secretary of State CC3320068475 Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Authorized Person(s) Detail : Title MGRM Name WORD, CARROL Address 1080 S.E. 23RD STREET City- State -Zip: OKEECHOBEE FL 34974 Date 1 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: CARROL WORD MANAGER 01/09/2014 Electronic Signature of Signing Authorized Person(s) Detail Date 1,11)(1 11 Irq (-2() „ ) pe, 4:0 - Rc,1'Li cig ci A . , 7. &III Air Re-1:15)(Y, (VI -1-11,4•11i Li -lb Olt 4C 1,1') 7 _ (),1 1 / "46 12.,0)11 ork 1 111111111111111111111111111111111111111 FILE NUM 2013008354 OR BK 734 PG 1856 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 08/14/2013 02:14:15 PM AMT $801000.00 RECORDING FEES $35.50 DEED DOC $560.00 RECORDED BY M Pinon P9s 1856 - 1859; (4 P9s) SPECIAL WARRANTY DEED THE STATE OF FLORIDA COUNTY OF OKEECHOBEE § THAT, UPS CAPITAL ( "Grantor "), for and in consi paid by CSW 13, L.L.C., 805 SE 3rd Court, Oke CONVEYED, and by these p Grantee, the real property mor with all rights, appurtenants, and KNOW ALL MEN BY THESE PRESENTS BUSINESS CREDIT, a Connecticut state - chartered bank of the sum of Ten and No /100 Dollars ($10.00) cash in hand limited liability company (the "Grantee "), with an address of FL 34974, has GRANTED, BARGAINED, SOLD, and oes GRANT, BARGAIN, SELL, and CONVEY unto y described on Exhibit "A" attached hereto, together is located thereon (the "Property"). This conveyance is bein tor and accepted by Grantee subject to those certain title exceptions set forth in Exhi. it ' . tt. ;. hereto and made a part hereof for all purposes, but only to the extent that such excep existing, and, in fact, affect the Property. The Property is hereby granted, bargained, sold and conveyed to and accepted by Grantee in its present condition, "AS IS, WITH ALL FAULTS, AND WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED" and specifically subject to any existing damage to the Property or any improvements located thereon and without any obligation or liability of Grantor with respect to the condition of the Property and any improvements located thereon. TO HAVE AND TO HOLD the Property, together with, all and singular, the rights and appurtenances thereto in anywise belonging, to Grantee and Grantee's heirs, executors, administrators, legal representatives, successors, and assigns forever; and subject to the exceptions set forth on the attached Exhibit "B ", Grantor does hereby bind Grantor and Grantor's heirs, executors, administrators, legal representatives, successors, and assigns to warrant and forever defend, all and singular, the Property unto the Grantee and Grantee's heirs, executors, administrators, legal representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof by, through, or under Grantor, but not otherwise. (Signature Page Follows) SPECIAL WARRANTY DEED I Book734 /Page1856 CFN #2013008354 Page 1 of 4 EXECUTED to be effective ' %4v. , 2013. WITNESSES: GRANTOR: UPS CAPITAL BUSINESS CREDIT a Connecticut state - chartered bank e,, By. Name: DavL at W S P.1.0 Title: SR AccovA?TIN6 bt p NAG e2 THE STATE OF Coyle% 4 \, COUNTY OF 14r4--mod This instrument was acknowleslg 2013 by bAraick. W. Sq CAPITAL BUSINESS CREDIT; My Commission Expires: SNARL 1. ©LOIN NI T AY PUeuc of CONNICT1CY7 Y COaMMUsioN LVI sEPTEMBER 30, 200 do lb e me on this 1 day of v4sv as 5f. AC.Cov - �%lt,- of UPS state - chartered bank, on" behalf of said bank. SPECIAL WARRANTY DEED 2 Notary Public, State of SHARI L OLDEN TARY PUBLIC OF CONNECTICUT (Print/Type Name of t4 Ao, 201RES YP $ MBER 30, 2013 Book734 /Page1857 CFN #2013008354 Page 2 of 4 EXHIBIT "A" THE PROPERTY LOT 7 AND THE NORTH 1/2 OF LOT 8, BLOCK 40, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE(S) 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 11 AND 12 , BLOCK 35, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE(S) 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA (Sr' AP) 13) EXHIBIT "A" 1 Book734 /Page1858 CFN #2013008354 Page 3 of 4 EXHIBIT "B" PERMITTED EXCEPTIONS Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. Standby fees, taxes and assessments by any taxing authority for the year 201_, and subsequent years. Rights or claims of parties in possession. All visible and apparent easements on or across the property, the existence of which are not shown of record. Any portion of the subject property lying within the boundaries of any road or roadway, public or private. Any encroachment, encumor: , e, iolation, variation, or adverse circumstance affecting the title that would be disclosed by an a d complete land survey of the land. Oil, gas, and other minerals o and character, in, on, and under the property herein described. The right to use the surface es ate and egress and/or any other right or privilege incident to the ownership of the min SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND EASEMENTS AS MAY APPEAR ON PLAT THEREOF RECORDED IN PALT BOOK 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. P:\Rea1 EstateUJPI3\ UPS. Salcl811SW2ndAve. Okeechobee.FL.1014\Deed.001.DOC EXHIBIT "B" 1 Book734 /Page1859 CFN #2013008354 Page 4 of 4 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863- 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): CSW 13, LLC. Mailing Address: 1080 SE 23rd Street Okeechobee, FL 34974 Home Telephone: Work: Cell: Property Address: 1811 SW 2nd Avenue, Okeechobee, FL 34974 Parcel Ill Number: 3- 28- 37 -35- 0050 - 00350 -0110 & 3- 28- 37 -35- 0050 - 00400 -0070 Name of Applicant: Lil School Beneath The Pines Home Telephone: Work: Cell: 772 - 453 -3392 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 UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS DAY OF _ l %. t:... 20 4:" 1,_. 1-4-,,,, w ,, )(,_., c .4) fit._ OWNER / WIT ESS (1')',c? -: l''' C in 4, 6'- 1, 6,' . .L .. -` :`+.t)1 /4, ',... l6:,.1,,t, OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above an that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this day of 20 / ` -/ .4 1 ''rt J d M �4pNa.,J.. Notary Public. € f,C (.. }' ) ) L. i) /6-,'! to ur Nu, t,,t^.ot, Florid,) �EAL 1,,..g-in ArrrMesnS " *x p sicrr�EE °19ir:' Commission Expires!' x rMilis r rzo1 , (Rev 01/12) Page 5 of 11 Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of- —7:L1 t . L?? , ( °-( and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this t \ O day of t t , `r) 0 IL( Signature of Applicant Name of Applicant (printed or typed) State of Florida County of Okeechobee t: Date Sworn to and subscribed before me this a) day of p}(" f t._.` Personally known to me V or produced_ . d'l1;'' __ / /C?i °r %; -k-' as identification and did not take an oath. L-0 i Notary Public, State of Florida (Rev 01/12) Seal: JAHN.T.A Y CO M.MISS1ON J EE885058 EXPIRES: March 18, 2017 Page 3 of 11 PIN 2- 28- 37- 35 -0A00- 00019 -A000 2- 28- 37- 35 -0A00- 00022 -0000 2- 28- 37- 35 -0A00- 00023 -0000 2- 28- 37- 35 -0A00- 00024 -A000 2-28-37-35-0A00- 00025 -0000 3- 28 -37 -35 -0050- 00330 -0050 3- 28- 37 -35- 0050 - 00340 -0050 3- 28- 37 -35- 0050 - 00340 -0110 3- 28- 37 -35- 0050 - 00350 -0050 3- 28- 37 -35- 0050 - 00350 -0070 3- 28- 37 -35- 0050 - 00350 -0090 3- 28- 37 -35- 0050 - 00360 -0010 3- 28- 37 -35- 0050 - 00360 -0030 3-28-37-35-0050-00360-0050 3- 28- 37 -35- 0050 - 00360 -0070 3- 28- 37 -35- 0050 - 00360 -0090 3- 28- 37 -35- 0050 - 00360 -0110 3-28-37-35-0050-00390-0010 3- 28- 37 -35- 0050 - 00390 -0040 3- 28- 37 -35- 0050 - 00390 -0070 3- 28- 37 -35- 0050 - 00390 -0090 3-28-37-35-0050-00390-0110 3- 28- 37 -35- 0050 - 00400 -0010 3- 28- 37 -35- 0050 - 00400 -0030 3- 28- 37 -35- 0050 - 00400 -0050 3- 28- 37 -35- 0050 - 00400 -0090 3- 28- 37 -35- 0050 - 00400 -0100 3- 28- 37 -35- 0050 - 00400 -0110 3- 28- 37 -35- 0050 - 00410 -0010 3-28-37-35-0050-00410-0040 3- 28- 37 -35- 0050 - 00420 -0010 'OWNER NAME BRANTLEY MARVIN W BROWN LAYNE LAKE -OKEE INC POGEY'S PLAZA INC POGEY'S INC FRAZIER MARILYN J REVOCABLE TR PROMED WALK -IN CLINIC INC IPROMED WALK -IN CLINIC INC PRITCHARD LOWELL & MARILYN CASO BART F JR CASO BART F JR LUNSFORD AMY L (LIFE ESTATE) GOMEZ JOSE T & MERCEDES STARKEY REBECCA H FAITH CHRISTIAN CENTER OF FAITH CHRISTIAN CENTER OF BERRY JANET HOLLEY ROBERT & PADGETT DIANA FELDMAN LAWRENCE D PERVISS JAMES & VANESSA BRANTLEY MARVIN S ,BRANTLEY MARVIN S & DEBORAH J THE LIVING WORD OF FAITH IARWOYOKA LLC LEFEBVRE GERALD FLOOD JACQUELYN L LEFEBVRE GERALD LEFEBVRE GERALD CONELY MARTHA G (LIFE ESTATE) CONELY MARTHA G (LIFE ESTATE) BOBBITT EDWARD H ADDRESS_1 1365 HWY 441 SE 20551 BLAIRMOORE ST REET F1401 WEST AVE A 1759 S PARROTT AVE 1759 S PARROTT AVENUE %GARY FRAZIER CO- TRUSTEE 15646 HWY 71 S 15646 HWY 71 S 1802 S PARROTT AVENUE :511 CYPRESS CROSSING 4511 CYPRESS CROSSING 1804 SW 2ND AVE PO BOX 3049 1810 SW 2ND AVENUE OKEECHOBEE INC OKEECHOBEE INC -1805 SW 3RD AVE 1902 SW 2ND AVENUE 1118 WN PARK ST 1903 SW 3RD AVENUE 1935 SW 3RD AVE 1935 SW 3RD AVENUE FELLOWSHIP INC 1904 S PARROTT AVENUE ;1910 S PARROTT AVENUE 1905 SW 2ND AVE 1910 S PARROTT AVE 1910 S PARROTT AVENUE 2002 S PARROTT AVE 2002 S PARROTT AVE 2024SW 2ND AVE ADDRESS _2 CITY NAME OKEECHOBEE CHATSWORTH BELLE GLADE OKEECHOBEE OKEECHOBEE 1423 SW 19TH TERRACE OKEECHOBEE FORT SMITH FORT SMITH OKEECHOBEE WELLINGTON WELLINGTON OKEECHOBEE OKEECHOBEE OKEECHOBEE 1803 SW 3RD AVENUE OKEECHOBEE 1803 SW 3RD AVENUE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE PANAMA CITY - OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE BOX 35308 ST ZIPCODE FL 34974 CA 91311 FL 334300000 FL 34974 FL 349741586 FL 349744841 AR 72916 AR 72916 FL 3497_4 FL 33414 FL 33414 FL 349746168 FL 3497.30000 FL 34974 FL 349740000 FL 349740000 FL 349746148 FL 349740000 FL 349724058 FL 349740000 FL 349740000 FL 349740000 FL 32412 FL 34974 FL 349740000 FL 34.9746104 FL 34974 FL 349740000 FL 349746183 FL 349746183 FL 349746103 GIS /MAPPING DEPARTMENT Legend PROPERTY BOUNDARY I WITHIN 100' SW 3RD AVE SW 3RD AVE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. "BILL" SHERMAN, PROPERTY APPRAISER 3- 28- 37 -35- 0050 - 00360 -0030 OMEZ JOSE T & MERCEDE PO BOX 3049 OKEECHOBEE FL349730000 3- 28- 37 -35- 0050 - 00360 -0050 STARKEY REBECCA H 1810 SW 2ND AVENUE OKEECHOBEE FL34974 3- 28- 37 -35- 0050 - 00390 -0010 HO _LEY ROBERT & PADGETT DIANA 1902 SW 2ND AVENUE OKEECHOBEE FL349740000 SW 2ND AVE SW 18TH ST 3- 28- 37 -35- 0050 - 00350 -0070 CASO BART F JR 511 CYPRESS CROSSING WELLINGTON FL33414 3- 28- 37 -35- 0050 - 00350 -0090 CASO BART F JR 511 CYPRESS CROSSING WELLINGTON FL33414 3- 28 -37 -35 -0050- 00350 -0110 3- 28- 37 -35- 0050 - 00350 -0050 P ITCHARD LOWELL & MARILYN 1802 S PARROTTAVENUE OKEECHOBEE FL34974 US HWY 441 5 3- 28- 37 -35- 0050 - 00350 -0110 3- 28- 37 -35- 0050 - 00400 -0090 FLOOD JACQUELYN L 1905 SW 2ND AVE OKEECHOBEE FL349746104 -3 =28= -37=35 =0050- 00400 -010 LEFEBVRE GERALD 1910 S PARROTT AVE OKEECHOBEE 3- 28- 37 -35- 0050 - 00400 -0010 THE LIVING WORD OF FAITH FELLOWSHIP INC BOX 35308PANAMA CITY FL32412 3- 28- 37 -35- 0050 - 00400 -0030 ARWOYOKA LLC 1904 S PARROTTAVENUE OKEECHOBEE FL34974 US HWY 441 5 U5 HWY 441 5 HIS MAP HAS ettN COMPILED FROM THE MOSTAUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT CSW13, LLC ANGELA JONES- FOWLER, GISP 1 inch = 89 feet BOUNDARY SURVEY PREPARED FOR BUILDING BLOCKS PRESCHOOL OF OKEECHOBEE, INC. 20 0 NORTH GRAPHIC SCALE 10 20 40 ( IN FEET ) 1 inch = 20 ft.. DESCRIPTION: LOTS 11 & 12 BLOCK 35 & LOTS 7 & N1/2 OF 8, BLOCK 40 FIRST ADDITION TO SOUTH OKEECHOBEE P.B. 1, PG. 17, OKEECHOBEE COUNTY PUBLIC RECORDS PARCEL ID: (LOTS 11 & 12, BLOCK 35) 3-28-37-35-0050-00350-0110 (LOT 7 & N1/2 LOT 8, BLOCK 40) 3- 28- 37 -35- 0050 -00400 -0070 ADDRESS: 1811 & 1903 S.W. 2ND AVENUE F.I.R.M. ZONE: LOTS LIE IN CITY LIMITS OF OKEECHOBEE FLOOD ZONE NOT DETERMINED, PROJECT SPECIFIC NOTES: 1. UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND MEASURED(M). 2. THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 3. THE DESCRIPTION SHOWN HEREON WAS PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE. 4. DATE OF LAST FIELD SURVEY: 01/16/08. PREPARED FOR THE EXCUSIVE USE OF: BUILDING BLOCKS PRESCHOOL OF OKEECHOBEE, INC. UPS CAPITAL BUSINESS CREDIT OCEANSIDE TITLE, INC. STEWART TITLE GUARANTY CO. N 00'00'12" W O O wuL O O O PE0;r0EI:EE) (01 /18j0 X -CUT N 89 °51'48" W 142.50' RECOVERED (01/15/08) F100(0) PLS -2084 mar, n; CON0 ASPHALT 5 (01 / RECOVERED I6,'TT) CW1C /1/2" IRON PIPE r + -ez' CONC FENCE Ia ' I 8 ,� 8 6.0 4. 25.9 11.9' >- o o r0 o� (n co (/) 0 1.0 3_8' x x FENCE 10 cORNER 47.9' LOT 11 ±0.33 ACRES GONG LOT 12 50.8' 8 O O O O FENCE rT LOT 4 E CORNER LOT 5 6, RECOVERED '---( /l6/08) P00000900 4/ 001 PIPE 1 /2" ■, N 89 °51'48" W 142.50' 7, S.W. 19TH STREET (TWELFTH STREET) PLAT NOT OPEN & NOT 10 USE (40' PLATTED R/ W) _FENCE C,OR,IF.R IIL I, -33.1' [ y FENCE N X N 89 °51'48" W 142.50' 5 RECOVERED (01/15/08) 1/2' 16001 PIPE RECOVERED (01/15/08) IRON RODl S -02' W -0.2' / FENCE CC4NER �' 8 R ROCK DRIVE ROCK, LOT 7 +0.25 ACRES ASPHALT 69 ASPHALT DRIVE Y �- RECOVERED (01/(0) /0 P 3) PL5-3372 25 1.. NORTH 1/2 LOT 8 / NOM: WOOD FENCE WOOD FENCE tIES O1Y x x x L 28.4' 25.0' FE.1C 100 6 FENCE CORNER/ VA. 11.7' C011C 28.1' N 89 °51'48" W 142.50' SOUTH 1/2 LOT 8 W000 FENCE RECOVERED (01/16/08) FIRto(C) RLS -3372 FENCE CORNS LOT 1 LOT 2 / UPDATE ADD ACREAGE BOUNDARY SURVEY (UPDATE) BOUNDARY SURVEY /(15170 01/17/08 09/04/07 11/26/03 07/03/01 FILE FILE FILE FILE RLC WC WC JS 1 KAB KAB KAB KAB DESCRIPTION DWG. DATE FB /PG BY CK SCALE / s = 20' DRAWING NUMBER: 17591 `SHEET 1 OF 1 LEGEND O -Set Iron Rod and Cap TWPS 6719 •-Found CM •-Found Iron Rod (ond Cop) -Farad Pipe (and Cop) ABBREVIATIONS 5=8000110,p 8M =Penchmork; =Centerline; C>'Colculo;ed; CATV =Cnb1e TV: CM= Concrete Monument: CONC=Concrele; D0Deed: A =Dena or Central An4r. E=Eo,(; ELY=EOSlerly: E/P=Edge of Pavement; ESMT= Easement; F.I.P.M. =rl,0d Insuronre Rote 140p; FND =Found; 1P-Iron Pipe; IP &;C) =Iron Pod (and ID Cop); L =(Arc) Length; 41 =Measured: MH =Manhole; 11 =01001,; HLY =Norlhe00. 110V(D) =NOti0nol Geodetic Verl1081 (Dolour) of 1929; 1115 =4101 to Scott; OHW= Overheod Wires; R= Properly line; P ■Plat: PC P01n( of Cur-mhoe. FCC = =PO1nt of Compound Cur.alure; PCP= Permanent Control Paint; PO6=PO1nt of Beginning; POC =Point of Co+nm,ncement PRC =Point of Reverse Cu.voture; PRM= Permonent Deference I.1onument: PT =F•oint of Ton9ency. PU&O =Pubnc UliAliy ond Dra■nag°: R =Radius: R/W =Pant- of -Woy, S =Swlh; SLY = Southerly, 1= Tangsnt; TEL■19ephone Spike 0, 508c, Box: W =west WLY =Westerly. U0L =Utilit((ie!):.1f" =Spec Elevation based on indicated Dolum. STANDARD NOTES: 1. No search of the public records for determination of ownership or restrictions affecting the lands shown wos performed by the surveyor. 2. The survey depicted here is prepared exclusively for those parties noted. 3. No responsibility or liability is assumed by the surveyor for use by others not specifically nomed. 4. Not valid without the signature ond embossed seal of Florida licensed surveyor ond mapper #4820. 5. There are no visible above ground encroachments except as shown. 6. No ottempt was made to locate underground improvements and /or encroachments (if any) as port of this survey. 7. 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.) pursuont to Section 472.027, Florida Statutes. TRADEWINDS SURVEYORS & MAPPERS, INC. SURVEYORS AND MAPPERS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (863) 763 -2887 / • it ? -C ? /7` �.ti tr,t tl 7 Kenneth A. Breaux, Jr. (PSM 4820) Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Tammie Henderson d/b/a/ Lil School Beneath the Pines Petition No.: 14-005-SE 11 1.1.11 Planning &. Management Services, Inc. 1375 Ja(kson Sirect, WIC 290 Fort SI.4.,ts, 239-33 3366 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14- 005 -SE General Information Owner Owner Address Applicant Applicant Address Site Address Contact Person Contact Phone Number Email Address Future Land Use Map Classification Zoning District Use of Property Acreage CSW 13, LLC. 1080 SE 23rd Street, Okeechobee, FL 34974 Tammie Anita Henderson d /b /a Lil School Beneath the Pines 215 NE 11th Street Okeechobee, FL 34972 1811 SW 2nd Avenue Tammie Anita Henderson 772 - 453 -3992 tammiehenderson @live.com Existing Commercial CPO, Commercial Professional Office Unoccupied ,former Daycare facility 0.574 acre Proposed Commercial CPO, Commercial Professional Office Daycare facility 0.574 acre Legal. Description of Property LOTS 11 AND 12 , BLOCK 35, AND LOTS 7 AND THE NORTH 1/2 OF LOT 8, BLOCK 40, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Serving Florida Local C;overnmeni Since 1988 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14- 005 -SE Adjacent FLUM Classifications, Zoning Districts, and Existing Land Use Future Land Use Map North Zoning District Existing Land Use: Future Land Use Classification East Zoning District Existing Land Use Future Land Use Classification South Zoning District Existing Land Use Future Land Use Classification West Zoning District Existing Land Use Commercial CHV Single- family home Commercial CHV Multi- family & offices and church Commercial CHV Single- family home Single - Family RSF 1 Single- family home Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for a Daycare facility at 1811 SW 2nd Avenue. The property involves two Tots separated by platted but unimproved SW 19th Street. The two lots encompass 0.574 acres. Description of the Situation The parcel carries a Future Land Use designation of Commercial and is zoned CPO, Commercial Professional and Office District. The property has been used in the past as a daycare facility and private school and the buildings are currently vacant. The Applicant wishes to operate a "Daycare facility during the hours of 6am to 6pm Monday thru Friday. There will be 10 employees. Children will be mainly indoors, but will play in the fenced area playground at various times during the day." It should be noted that the existing buildings are nonconforming structures as defined in the LDRs as follows: "Nonconforming structure means a lawful building or structure existing on the date of enactment or amendment of these regulations, but which does not conform to the yard, setback, coverage, height, parking, landscaping or supplementary regulations of the district in which it is located." Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14- 005 -SE Both buildings conform to the minimum rear and front yard requirements for a daycare center set forth in Sec. 90 -694. However, neither structure conforms to the required 25- foot minimum side yard, in relation to the adjoining properties to the immediate north and south. The new owner will not be required to address these nonconformities. The property is also nonconforming as to parking requirements. The parking requirement for a daycare center is one parking space for each five students plus one for each employee. With 99 students and ten employees, the parking requirement is 30 spaces, two of which should be designated for the handicapped. Section 90 -35(d) sets forth the regulations governing how a nonconforming structure is treated when the underlying land is sold. Section 90- 35(d)(1) requires that those portions of the property that have been used for off - street parking, but are unpaved or unmarked or otherwise do not meet the City's design standards, should be improved to City standards. Sec. 90 -511 (e) requires, with some exceptions, that all parking spaces be paved. Therefore, we suggest that the deteriorating portion of the driveway on the northern part of the property should be repaved and the unpaved part of the southern driveway and parking area should be paved. Parking spaces for employees should be marked and handicapped spaces should be identified and meet state standards. 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. "The proposed location was previously used as a daycare facility and remains in a condition that would allow for the same use currently. " We agree that the location and site are appropriate for the use. The property is located in an area that is primarily envisioned for commercial uses. A daycare center is generally considered appropriate in proximity to commercial and public /semi - public uses such as churches and is compa- tible with nearby residential uses. Serving Florida I.oc.il Governments Since 1988 Staff Report Applicant's Name: Tammie Henderson Special Exception Request Petition No. 14- 005 -SE (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. (3) "The proposed property is constructed in a way that matches the surrounding area and that allows the property to be used as a childcare facility with no special design efforts." We agree. The subject property and associated buildings have been laid out, designed and used for daycare purposes in the past, and, no specific design efforts are necessary. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "The property currently has fencing in place that will protect the children while they are on the playground. No use of the property would require additional screening." We agree. The operational characteristics and impacts of a daycare facility involve no nuisance or visual factors that require visual screening from adjacent commercial or residential uses beyond the standard landscaping and buffering requirements of the LDC. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "There are currently large circle driveways located on the property that will eliminate (or substantially reduce) cars from parking and /or idling on the road while dropping off and picking up children. This is currently a parking lot located on the property to allow for employee parking." Perhaps the two most common impacts of day care centers are the traffic and stacking during pick -up and drop -off times and noise impacts upon adjacent residential uses of children playing outdoors. According to the Applicant, the prior day care use had about 99 students and the Applicant expects about the same. With regard to traffic, using the Institute of Traffic Engineers (ITE) 8th Edition traffic generation rates, we estimate that traffic during the peak hour will approximate 64 trips. While a significant traffic level, this does not meet the City's threshold of 100 trips per peak hour to trigger the need for a traffic analysis. n„ Florida Loral Government since 1988 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14- 005 -SE This is just over one per minute, presumably during the peak morning and afternoon pick -up and drop -off times. Depending on how the two circular driveways are used one might expect some back up onto SW 2nd Avenue, this will likely be similar in character to that which may have occurred under the previous daycare operation. (5) Demonstrate how the utilities and other service requirements of the use can be met. "Utilities and power lines have already been established at the property and were previously in use." Recognizing that the property has been previously used for a daycare operation, it is clear to us that utilities and other service requirements have been and will continue to be met. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "Please refer to Question 4." According to the Applicant, the prior day care use had about 99 students and the Applicant expects about the same. With regard to traffic, using the Institute of Traffic Engineers (ITE) 8th Edition traffic generation rates, we estimate that traffic during the peak hour will approximate 64 trips. While this is a significant level of traffic, it does not meet the City's threshold of 100 trips per peak hour that triggers the need for a traffic analysis. This is just over one per minute, presumably during the peak morning and afternoon pick -up and drop -off times. Depending on how the two circular driveways are used one might expect some back up onto SW 2nd Avenue. We expect this would not be appreciably different from that having occurred when the property was previously operated as a daycare center. Serving Florida local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14- 005 -SE 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 after which are the Staff comments pertaining to these findings: (1) The use is not contrary to the Comprehensive Plan requirements. "The Property is in the Commercial Future Land Use classification and is consistent with the Comprehensive Plan requirements." We agree. The Commercial Future Land Use Category envisions a wide variety of commercial uses, and a childcare center falls within this category of uses. (2) The use is specifically authorized as a special exception use in the zoning district. (3) "The use is specifically authorized as a special exception in the CPO zoning district. See Section 90- 223(1)." We agree. The CPO district allows a daycare center as a Special Exception use. The use will not have an adverse effect on the public interest. "Although the adjoining properties on three sides are single family residences, there is nearby commercial use. On SW 2nd Avenue, to the south, there is a walk -in clinic, and a small commercial strip center. To the west of the Property, there is a church and an insurance office. Because of such commercial use nearby, the daycare use is consistent with the overall mixed use area and would not have an adverse effect on the public interest." We agree. We would not expect the use, its operation and impacts to significantly differ from those associated with the prior use of the property. Serving Florida local Governaica(s Since 19' Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14- 005 -SE (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 Property previously functioned as a daycare. Although exact dates cannot be sup- plied, it is estimated that such use continued for at least 15 years. The Property is in an area of mixed use (see answer #3 for more details). Therefore, the use of this Property as a daycare is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns." We agree that the location and site are appropriate for the use. The property is located in an area that is primarily envisioned for commercial uses. A daycare center is generally considered appropriate in proximity to commercial and public /semi - public uses such as churches and is compa- tible with nearby residential uses. The land use pattern in this area anticipates professional uses and offices and their supporting uses. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The Property previously functioned as a daycare and there does not appear to have been any adverse effect upon property values or living conditions in the area. Further, there does not appear that there was any deterrent to the development of adjacent property. The daycare use should not pose a nuisance or hazard to adjacent uses. The children will be inside the facility for the majority of the day, with short outside play times. The area where the children will play is fenced, and therefore they will not be entering upon adjacent property and will not be a hazard to such adjacent properties or property owners. At least one side of the property currently has an opaque fence for screening; at this time, there are no plans to install additional fencing." We agree. crying Florida LocaI ikrvarnmems Since 1988 Staff Report Applicant's Name: Tammie Henderson Special Exception Request Petition No. 14- 005 -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 will be some traffic at drop off and pick up, but it will not be extreme. There is a paved circular drive in front of northernmost building and an unpaved circular drive in front of the southernmost building, that will eliminate (or substantially reduce) cars from parking and /or idling on the road during these times." Depending on how the two circular driveways are used one might expect some back up onto SW 2nd Avenue. This will likely be similar in character to that which may have occurred under the previous daycare operation. Refer to our response to Standard 4 of Sec. 70- 373(b) beginning on the bottom of page 4 of this Staff Report. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "No, the proposed use will not create a density pattern." 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. "No, none of this will be created." We agree that neither will traffic congestion be increased nor traffic safety be compromised by the operation of a daycare center on the property at a level of intensity approximating that which previously operated on the property. Since there is no physical change to the structure or other improvements on the property, drainage will remain essentially the same as previous. Serving Florid ()cal (av%ernments Since L9$i;i Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14- 005 -SE Recommendation Based upon the foregoing analysis and findings, Staff recommends that Petition Number 14- 005 -SE be Approved with the stipulation that: The deteriorating portion of the driveway on the northern portion of the property and the unpaved part of the southern driveway should be paved. Also, parking spaces for employees should be marked and handicapped spaces should be identified and meet state standards. Submitted by: Wm. F. Brisson, AICP Planning Consultant August 14, 2014 Attachments: Future Land Use Map Zoning Map, Aerial Showing Subject Site and Surrounding Uses Annotated Survey Sketch Google Street Views (2) Board of Adjustment Public Hearing: August 21, 2014 Serving Florida Loral i.inv.ernments Since 1988 Staff Report Applicant's Name: Tammie Henderson Special Exception Request Petition No. 14- 005 -SE 24 25 Okeechobee Future Land Use Map 31 III 13 SW_; .i_81 36 0 3N N (1) 2 37 31 38 33 32 43 42 40 SW 21 s 44 45 COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Subject Property Serving; 6bridn I.ocjI Gnvernn en s Since 14RR 10 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14-005-SE 24 '7)7 30 Okeechobee Zoning Map 33 SW 18i 26 37 36 31 39 c 3332 43 42 40 SW'21s 1 A 4k ZONING LININCZR,L- COLS' Di.' Se+ES:: .7.1•S3R1,77 AB Str - CORLIER'StRL C•R!). 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W 1 '12.30' • nrr, r::•P•i. 1 1...:7 7 r77.L ;. 2.7, 4OS / r --'-,.. ■•' !PS; -•-• -• • - NOP-F I /2 1.17 rx. rr•er N W Serving Florida Local Goveronteno; since togs I nr.^4P.t..177.• P •7') I 13 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14-005-SE GOGGLE® STREET VIEW (1) Sorvi nu Florida Local t;uverttmktnts Since 19gS 14 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14- 005 -SE GOOGLE® STREET VIEW (2) Exit Street View 15 Serv'iltg Florida 1.vra1 ( vernI % is SHWA: 1988 MEMORANDUM TO: Planning Board Members FROM: Planning Board Secretary Burnette August 15, 2014 SUBJECT: New Business Agenda Item A. Please take note of New Business Agenda Item A. Chairperson Hoover has requested this item be added and asks that you come prepared for discussion with your questions, concerns and comments. Thank you.