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2015-02-191 i 1 c Pierwetin9 Spiait L'ub es CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR FEBRUARY 19, 2015 I. CALL TO ORDER - Chairperson. Regular Meeting, February 19, 2015, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman Board Member Karyne Brass Board Member John Creasman Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Elbert Batton Alternate Board Member Bobby Keefe 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 January 15, 2015, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 5 CUSSIONVt Chairperson Hoover called the February 19, 2015, regular meeting to order at 6:01 p.m. Board Secretary Burnette called the roll: Present Present Present Present Present Present Present Present Present Absent (with consent) Present Present Member Creasman moved to dispense with the reading and approve the Summary of Board Action for the regular meeting of January 15, 2015; seconded by Member McCoy. There was no discussion on this item. VOTE HOOVER -YEA JONASSAINT -YEA MCCOY - YEA MCCREARY - YEA BAUGHMAN - YEA BATTON - N/A BRASS - YEA KEEFE - N/A CREASMAN - YEA MOTION CARRIED. Chairperson Hoover deferred New Business item A. 1., regarding potential Historic Preservation Regulations, to the next scheduled meeting. 9 10 V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. A. Petition No. 15- 001 -SE, submitted by Carol Wood, Manager Absorbent Mind Academy, LLC, on behalf of property owner, CSW 13, LLC, to allow a daycare 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, 1 ' Addition to South Okeechobee and located at 1811 SW 2' Avenue, containing approximately 0.569 acres (Exhibit 1). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 15-001-SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. FEBRUARY 19, 2015 - PLANNING BOARD - PAGE 2 OF 5 CUSSION CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING (QUASI- JUDICIAL) AT 6:02 P.M. Petition No. 15- 001 -SE, submitted by Carol Wood, Manager Absorbent Mind Academy, LLC, on behalf of property owner, CSW 13, LLC, to allow a daycare 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 1/2 of Lot 8 of Block 40, 1' Addition to South Okeechobee and located at 1811 SW 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: Bill Brisson, Senior Planner, LaRue Planning and Management,1375 Jackson Street, Suite 206, Fort Myers, Florida, Mr. William Wood of 640 Inlet Road, North Palm Beach, Florida, and Mr. Carrol Word of 1080 Southeast 23`d Street, Okeechobee, Florida. Chairperson Hoover yielded the floor to City Planning Consultant Brisson, who explained the matter before them is a Special Exception for a daycare facility located at 1811 Southwest 2 "d Avenue. A previous application, No. 14-005-SE, was approved at the August 21, 2014 meeting for this same location and use, although the time limitation for usage has expired. The previous pending sale was not completed and the facility was not opened. 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 nonconformities. However, the property is also nonconforming as to parking requirements, which are one space for every five students plus one for each employee. With an 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, Mr. Brisson suggested 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 with a dustless surface acceptable to the City. FEBRUARY 19, 2015 - PLANNING BOARD - PAGE 3 OF 5 1 1 GEND SCUSSION§ V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - CONTINUED. A. 2. Hear from Planning Staff for Application No. 15- 001 -SE continued. Parking spaces for employees should be marked and handicapped spaces should be identified and meet State standards. Planning Staffs 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 Staffs 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, and 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 and stacking 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, and the proposed activities are not expected to place any greater demand on the public services from the previous use. Planning Staffs responses to the applicant's presentation on the required findings to consider the Special Exception are, the proposed use is not contrary to the Comprehensive Plan as 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 2 "d 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. Traffic congestion will not be increased nor will traffic safety be compromised by location of the proposed use. 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 deteriorating portion of the driveway on the northern portion of the property and the unpaved part of the southern driveway should be paved in a manner that provides for a dustless surface approved by the City. In addition, parking spaces for employees should be marked, and handicapped spaces should be identified and meet State standards. 12 V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - CONTINUED. A. 2. Hear from Planning Staff for Application No. 15- 001 -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 FEBRUARY 19, 2015 - PLANNING BOARD - PAGE 4 OF 5 CUSS Chairperson Hoover inquired as to whether handicap parking was required on both parcels and Planner Brisson replied one space would be needed on each parcel. A site plan review meeting is not necessary although the applicant should submit a layout to the Public Works Director for approval. Mr. William Wood, applicant, addressed the Board, stating he and his wife have been involved in the child care business for 25 years. They plan on asphalting the driveway, repairing the entrance and improving the buildings. Mr. Carrol Word, property owner, thanked the Board for their consideration. Member Mccoy inquired as to whether the property was on septic or sewer and Mr. Wood stated there were two septic tanks. 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. Member McCoy disclosed he has spoken to Mr. Wood regarding the septic system. Board Member Baughman moved to approve Petition No. 15- 001 -SE, submitted by Carol Wood, Manager Absorbent Mind Academy, LLC, 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, 1st Addition to South Okeechobee and located at 1811 Southwest 2 "d Avenue, containing approximately 0.569 acres, with the following stipulation: the deteriorating portion of the driveway on the northern portion of the property and the unpaved part of the southern driveway should be paved in a manner that provides for a dustless surface approved by the City. In addition, parking spaces for employees should be marked, and handicapped spaces should be identified and meet State standards, seconded by Board Member McCreary. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCov -YEA BAUGHMAN - YEA JONASSAINT -YEA MCCREARY - YEA BATTON - N/A BRASS - YEA CREASMAN - YEA KEEFE - N/A MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:19 P.M. 1 1 FEBRUARY 19, 2015 - PLANNING BOARD - PAGE 5 OF 5 1 3 TIC •CUSSION VI. NEW BUSINESS. A. Hear from Board Members Development Regulations 1. Discuss potential Planning Staff. proposed amendments to the City's Land - Chairperson Historic Preservation Regulations with 2. Consider any other proposed LDR amendments. 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. AT EST: Dawn T. Hoover, Chairperson f "? (3awth. Patty M. rnette, Secretary Chairperson Hoover deferred this discussion until the next scheduled meeting. Chairperson Hoover stated she wished to address the parking issues that existed within the City. She wanted to speak about the constraints that existed which then caused buildings to be left vacant. Planner Brisson suggested she email Administrator Whitehall with her concerns and/or suggestions and request a workshop with the City Council where parking could be discussed. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:25 p.m. 14ii9144 Page 1 of City of Okeechobee Planning Board AND Board of Adjustment City Hall, 55 SE 3'd Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes February 19, 2015 I. Call To Order - Chairperson: Chair Hoover called the February 19, 2015, Regular Meeting to order at II. Chairperson, Board Member Staff Attendance - Secretary. p.m. III. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the January 15, 2015, regular meeting; seconded by Board Member It ! e c`�l Discussion: VOTE PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover NONVOTING ABSTAINED HOOVER Vice Chairperson McCoy V Board Member Baughman ✓ McCOY Board Member Brass ✓ Board Member Creasman ✓ Board Member Jonassaint ✓ Board Member McCreary Alternate Board Member Batton BRASS Alternate Board Member Keefe Planning Consultant Brisson, Senior Planner CREASMAN Board Attorney Cook Board Secretary Burnette III. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the January 15, 2015, regular meeting; seconded by Board Member It ! e c`�l Discussion: VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BAUGHMAN BRASS CREASMAN JONASSAINT McCREARY �! BATTON KEEFE RFSUI TS: CARRIFD 1 nFNIFn IV. Agenda - Chairperson. A. V. A. X44 Page 2 of Chair tHupve/ asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. - i\ 16 f -} e n t L; CHAIR H ,`)nr OPENED THE PUBLIC HEARING (QUASI- JUDICIAL) AT It 0 P.M. Petition No. 15- 001 -SE, submitted by Carol Wood, Manager Absorbent Mind Academy, LLC, 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 1). 1. Administe of Oath (anyone intending to offer testimony on Petition No. 15- 001 -SE will be required to take an oath, respond, and give pur full name and address). My IV6 nSs'k oat- ood 2. Hear from Planning Staff. 3 ai•eA-Tc, �r,� I n o r bow pa r L s- vJe5 P � si.. -c, /In noq- vvectk cry_ c. iuE Ise ccats-e of pa act Ct. (OCL5, 7 Shou @� C htcE. / P-o0 D. not Clear ►� CE oes not L [S �, , , ��L I�Q�ic n 5 c0 ou lc� h c (e k cc L.rt ,_ ., he. reW • ��,,- ? ►� c> Info sidaleo, n e 5� rrc e i e� L (� i n n G� 1� S�Z�� l�i.fi, b,1 nU a yo-. a^c+4it' U,r !_r' �.n. (A H_ parKI f;'andi ('ap c oes 6 K _ & rak.na.e rt�vrA bacK of ZIG' /la � / o s6 �- �v ►�us�y ��p S�da�ds Vor Gl L U 6,t c -r r Q,n.'f 1 a + each skoa 5 ry f I -(10 pf cuf !'UJ - Cl D I S nerd- +a ✓tee areas CAS be46rci CALL to & -e- h-5 �;(. r ve GO Ct u/.S V. PUBLIC HEARING (QUASI- JUDICIAL) CONTINUED. V fr )I l la 144., INN bCi on e p -'100 fan ICS ho Hear from the Property Owner or designee /agent. N r7vvlvec io Nile" Care ib 'tys gGLifs (x alp ± ( °' i t- c 06/0e 4 tO)11- firanCt l �� c,�:.5 IrYlpnwil 1;11 ci afattctrms Si L010-1110 C( \i_ikiti,f approved 144914 Page 3 of -41424)&4 Page4of V. PUBLIC HEARING (QUASI- JUDICIAL) CONTINUED. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. r po/L12 sihh �'YJr. L)1)ocI re ,r 6. a) Consideration of a motion to approve or deny petition. Board Member ►_►q -► all moved to approve /deny Petition No. 15- 001 -SE, submitted by Carol Wood, Manager Absorbent Mind Academy, LLC, 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, 1 St Addition to South Okeechobee and located at 1811 SW 2nd Avenue, containing approximately 0.569 acres, seconded by Board Member 11/(c ' ' . in i )110,,'5 S— �PulahavLS �reporf b) Board discussion. P39 44201T4-Page 5 of V. PUBLIC HEARING (QUASI- JUDICIAL) CONTINUED. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED ._ HOOVER _ ; 1112$11-4- Page 6 of le VI. NEW BUSINESS CONTINUED. D C4�1S 13 I551..i�s 116:hhe (� ��'�('h� , 2. Consider any other proposed LDR amendments. tn9 � Vlt ADJOURN - Chairperson. �t Steer S � rc 0)01_1i 11 ILD '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. 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. 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. ud. r n . �J1ue hai Pa/0c Lit-j- Planning Board /Board of Adjustment and Appeals Meeting February 19, 2015 Name Address VvALvy v N c (_7..) tok\ 0 iw ■6-S ZD k'30115-0 � ? ■y,r,zc) -i;,(-)06 , R, 3 ;90 6 i /9 EAU L INO . D >OcfD 4 !---- 2 3 iii,?..eeclidoee t J 14DEPENDENT NEWSMEDIA INC. USA RECEIVED FEB 1 7 2015 Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863- 763 -3134 STATE OF FLORIDA COUNTY OF OIEECHOBEE 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 / ;�,4QIrJ 4t4-,'-o-> 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 a/� 1/.5-- 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'las 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 fort publication in the said newspaper. i Sworn to and suhcribed bef re m e this /-3, day of Notary Public, State of Florida at Large Katrina Elsken / -A D r ANGIE BRIDGES =.r � ■ : *: MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 ,pf... Bonded Thru Notary Public Underwriters ' 9 -t -/5mts CCCY CITY PLANNING /AD3USTMEENNTC BOARD MEETING v NOTICE LS HERtEBY GIVEN that the Oty of, Okeechobee Planning Tbu, Feb 19 20155 at 6tPM, o as soon thereafter conduct d aas regular meeting ty Hail, 55 SE 3rd Ave, Rm 200, Okeechobee, FL The public Is Invlted�and en- couraged to attend. The agenda may be obtained from dtyofokeedro- bee.com or by calling the General Services Office, 863- 763 - 3372 x218. ANY PERSON DECIDING TO APPEAL any decision made by the PB /BOA wt h respect to any matter considered at this meeting wit need to ensure a verbatim record of the proceeding is made and the record Includes the testi- mony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs spedal accommodation to participate in this proceeding, contact the General Services Office no later than two busi- ness days prior to proceeding, 863- 763 -3372. BE ADVISED that should you Intend to show any document, picture, video or items to the P13/BOA 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: Chairperson Dawn Hoover 469725 ON 2/13/2015 INDEPENDENT NEWSMEDIA INC. USA RECEIVED FEB 1 3 2015 Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863- 763 -3134 2 --1 j,t5 inn .- t ( cepy, STATE OF FLORIDA COUNTY OF OIKEECHOBEE 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 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of a_l t, lI ov-oI 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 for publication in the said newspaper. Katrina Elsken Sworn to and sscribed before me this day of d - - tL4'A tt 020 /S- AD Notary Public, Stat of Florida at Large !' :4 MY COMM SS ON. EE S177653 EXPIRES: ApriI20, 2016 ''/�,cf; •; Bonded Thu Notary Public Underwilters PUBLIC NOTICE CONSIDERATION OFA PROPOSED .. SPECIAL EXCEPTION A PUBLIC HEARING will be held before the Oty of Okeed,obee Board of Adjustment on Thu ' Feb 19, 2015 at 6 PH, or as soon thereafter as ppooss sable, at City Hap, 55 SE 3rd Ave, Council Chambers, Rm200, Okeedrobee : the City v�wwwm beecom, or contact., the General Services Depa pbu Florida. The agenda is available: on' e _ � 3372 x 218. Under c. Carol Spedal Exaeptiorbeptlyon No: 15-001 -SC on be submit- ted by Mrs. pests 000d, Manager of Absorbent Mhd;Academy, LLC en be- owner CSW 13, LLC, to allow a , daycare within a I and ed u Office Is Zoning District, Ref. Code Book Section 90-223(1). The proposed use irk fora daycare fadlity. 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 Bkuk 35, Rrst Addition records, -O eeca bo bee, Plat Book Book 1, Page 17 Okeedmbee 'County public All members of the public are encouraged sad Hearing. The entire petition ma be i to attend uri and ularibusie is tours,- Mon -Fri - Sam- 4:30pny except TorhWkta during regular business The � a �fl dAAppeals serves as the derision making body (qua 91ju aty, torapprove or.deny Spedal pons. + x .. :. ,ANY PERSON DECIDING TO AP-Pk-any derision made by rthe tBoard with respell to any matter considered at this meeting w81 need to ensure a ver- reco,d•of the proceeding is made and the record includes the testimo- ny and evidence upon which the appeal will be based.•In acrordance,with the Americans :with DisabIities Act (ADA), any person with a.dhabifity as de- fined bb�� ADA; that needs special accommodation to participate ,in this dPafoys leg,.tontactthe.General,SeMces Oflloe no later an two business aso Drlor nrto u:eed�r wa863- 763- 3372.. or mssttoSthe Board In to show any daarment a agenda; -video copy of> the: support ordeo, cr, Item to any Rem, on the edet e a docunent; picture, vkleo ar „itarr, must be provided to -,.the Boardsertor the records bv: Bdan.Wh IIyy Zordrg Administrator Petition No. 15NI SE 446699511 ON 2/1,11/2015 0 §- 3/ o \% £* /t 2 9$ a) _ g 0) \\ - % / \� 3 E #�- 6 °c2 @ 0 �/w E E . ƒ� 3 &\r co G «m§ > /�k < / _ 7 o g = g�k u cn - _ �\ / / 0 $_ \ 7 / \yC = n- � � E ƒ a, E w•® ci. �c % o / 0 £tee / E E . - �» f� / § %£/ / ;o 2A� k k \ \ §k �\ cc 1 ® c Ea: /�/ 75 5 % kG\\ LL \ 0 7��7 CO / z §a / \ 6-o f z 2 ƒ § ° C. % f / re _ ..c>.,. / 2 / ° / m dGmkt ±1 :3 - \ \ ��3$ o ■ ofm nm — oo _ _ « o0 G �> co 22 � S / �kk£ sY g r o= CO O 0 O 0 Q > co o. - a :,,,ED, o ��3� / /ofEEc 5 k$ 2 \/m G AK §�7«� ±ff\(� �2 %$ ¢f � �3e��00c .o § ¥f /\ « = =AZ -0 =o0Ec ® u - o E §§§ S 2§ o s b e o E 0 t_ 0 Eikff22fkk \ƒ-o U) < =� ■< o a2§m03 CO 03 mal03 Tm \.KGa23332aa332 §a 3a Ia < X M < 0 2 g / > 2 / LO Administer of Oath (anyone intending to offer testimony on Petition No. 15- 001 -SE will be required to take an oath, respond, and give your full name and address). o'0z °m °.s 0 0 a ^C D c,, y D flj o a q) m y o 0. o 0 Z G7 s. ° CD S. 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W CD 0 0- 3 CD 0 O S (D CO 0 W 0 • FEBRUARY 19, 2015 - PB /BOA AGENDA - PAGE 2 OF 2 GeneraI Services Department rd p , �, 55 S.E. 3 Avenue, " Okeechobee, Florio Phone: (863) 763 -: Exhibit 1 Fax: (863) 763 -168 ... ..w. 1- 1 c 1.1 uvI 11 vv. 1 .J ' W 1 -`�[ -- �1 J��'j� Fee Paid:�,00 ��k3 j,� /urisdiction: $60 T 1st Hearing: 2 "d Hearing: a_(q 6 a� Publication Dates: 41) cj bib) Notices Mailed: (9_4_ ( 5 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): l: 13 L L C 2 Owner mailing address: , j0 .8O Se 23 5T, Dice ec klo b_e e pc.. 3 y 1 7 5' 3 } Name of applicant(s) if other than owner misov'bent" Mind e:ba y LL C 4 Applicant mailing address: to o j p In /./._ ko No Pd m 1 a cJ'i pc... 3_.3 yo? 4a / e-mail address: bum a Q9' t. 0_0/. (�n- 5 Name of contact person (state relationship): &Lev / LA)ccd 6 7 Contact person daytime phone(s): 5'4/- .3,5"-.95/96 PROPERTY INFORMATION Property address /directions to property: j // 3 S W 2 Ave 0Xe.ecIobeep PL 3y97t/' 8 Describe current use of property: VA-011-41) -r s Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. 2 S Try c,rur�es Forerna ��U5 Z A S 1°Y�'r . chi'tc/ �e Gees C le° j et � /ty OttR Source of potable water: Method of sewage disposal: 10 Approx. acreage: °$�` / Is property in a platted subdivision N N Y N yeS eS 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: NO 12 Is a pending sale of the property subject to this application being granted? 13 Describe uses on adjoining property to the North: North: 2 @S„i et er -1-144 East: Ll )//h5 I1v✓ /cQ 'al- PIA-7-1- A' Pr, 121 South: Adr1`GQ.FiytA104 West: R4,, , -J 14 Existing zoning: Future Land Use classification 6 en vn.e4Y„ 04 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? () No ( Yes. If yes provide date, petition number and nature of approval. 16 Request is for: () Rezone (X ) Special Exception ( ) Variance 17 Parcel Identification Number: 3- zF- 37 -3-_ o a _ po�� - L // o 3- Z -3 33-_ o'as- - gb---o07 a 00400 (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. Signat Printed Name a ( Za r Date 27 -�� 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 Applicant=s statement of interest in property: .e e -cAap_c) Corrtnict 00 10-44 )5 ow h es- one- „etwij R.ecti �S 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 114 x 17@) containing: a. certified boundary survey, date of survey, surveyor-s name, address and phone number b. Legal description of property ert p p p y pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser-s Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signat Printed Name a ( Za r Date 27 -�� 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: 9D — 22 3{') Alias 4U p>-Diaev -fz, k r eLs a 014-t id ael CO/tile a Are there similar uses in the area? No () 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: CA; /c/ a �� da-14 461- 1i ✓l vi Jc -Ike %?csw,_ d f 6 An,7 ft 6, inoyl_e& — , ,'dc�- . ^%_r -t-c w. /f 4 /p /o, S , '�1; /d7 4), / he hi ii iiel �Ys, AA /1 p /a-y ;h ��d -C. 44- , � Ka D Attach a raffle Impact Study prepared by a professional transportation an er or t�sporrttat� 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 roquired 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. / 71i tl pi-2> , s a /o ur, GJel pv-e_ e C '` 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neigh$o`rhood, or explain why no specific design efforts are needed. Yid e_ per,- -� /LS ✓J�� e G�,o o� w Wit/ ` /i�► /� �G-c LU -t�✓D' . - e/� ' KC dr.H �` T! c €/ew S 7-1�� -P Ovo A-4 f� 3. Demonstrate Any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. -77(_? 19}Vdt4 GccliYt.,L 1(14.-3 1/ f � Cke (',C � W Zc-r Le 7 a ay, 'y1-4.0 S R 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. G sir .2c. eu.in X44. ct 1L, c 6,y Le d, `� e w /4c-*� i v G /� ? ,e_ ov jai; f'i GZ `/ f!'� ) 'oys ke o! v�,d /44 on `.�o C /-( W lA/ oY y2,7p.h s uj° 1 ., 4Y Y-e9 ` /'LY%L/HZ af� /9r2 ti / ' nv 2yr��Jlo Ci S. Demonstrate hod+ the utilities and other service requirerments of the use can be met. f---Lk,, j Gtfi 1e Ziu.e-4, 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (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. 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 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION (PAGE 9 -11) Applicant, Carol C. Wood, Absorbent Mind Academy, LLC, is in the process of purchasing the property located at 1811 SW 2nd Ave, Okeechobee, Florida (the Property). Applicant wants to reestablish a daycare facility at the Property, which was the prior use of the Property. Applicant understands the need for child care in our community and wants to own and operate a child care 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 in 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 reestablishing 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 be 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. 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 t -ILt=U Jan 09, 2014 Secretary of State CC3320O& 75 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 Date Authorized Person(s) Detail : Title MGRM Name WORD, CARROL Address 1080 S.E. 23RD STREET City- State -Zip: OKEECHOBEE FL 34974 I hereby certify Thal 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 1 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 Pvezen - //Ps Mci 8q3 C o r a m e , r c i a . ) +o lato 116‘ a Si f-eu tiq peoLi &phof 7 Pwcia c ... -40 ailoa) (Ytre aejl rk"- I oieui care__ pre... (thopi 1h cr 7Jf4q4 ci4— I/aria/let) 41( urn lq6cife- 1L „:20:14:-.0.12/(s) e 4) iq 4 12)e_f1_,;(citiviiik-1 Si wile,. 111- —b ComoneKaticd neteAt Arrrn Lrt eb-nTirca-Ca-/ • ' 11)14- teea-1 6,2_p -h P 14 1) OS -S aiko a. C.,k-uct &Lc( coA-e, p ILL - Se.1/10 ts C p 11111111111111111 11111 1111111111 1 I l l 1111 FILE NUM 2013008354 OR BK 734 PG 1856 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 08/14/2013 02 :14:15 Pit AIIT $80,000.00 RECORDING FEES $35.50 DEED DOC $560.00 RECORDED BY tt Pinon P9s 1856 — 1859; (4 Pss) SPECIAL WARRANTY DEED THE STATE OF FLORIDA COUNTY OF OKEECHOBEE § THAT, UPS CAPITAL ( "Grantor "), for and in cons; paid by CSW 13, L.L.C., 805 SE 3`d 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 title exceptions set forth in Exhi it but only to the extent that such excep tor and accepted by Grantee subject to those certain hereto and made a part hereof for all purposes, 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 1 Book734 /Page1856 CFN #2013008354 Page 1 of 4 EXECUTED to be effectivel. L , 2013. WITNESSES: GRANTOR: UPS CAPITAL BUSINESS CREDIT a Connecticut state- chartere • bank Name: DAvr p./.0 Title: SR Ae60 POTING /4 NAG er THE STATE OF ( „ec{,' COUNTY OF l-kri-ford This instrument was acknowle 2013 by. JbA,Jid. W. S CAPITAL BUSINESS CREDI e me on this 1 day of ,,s,, as Si'. of UPS state - chartered bank, on"behalf of said bank. My Commission Expires: ons GMY PUBLIC o g' CONMISSioti M &§ si PremBaa ao, 2011 SPECIAL WARRANTY DEED 2 Notary Public, State of siwu 1..OL.DEN ,4OTMY PUBLIC CON�� (Print/Type Name of N� MBL;a 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 (5Y' NI) IS...) EXIIIBIT "A" 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, encum 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 :\Real EstatcthPl3 \UPS.Sa cI811S W2ndAve. Okcechobee.FL.10i4\Deed.001.DOC EXHIBIT "B" 1 Book734 /Page1859 CFN #2013008354 Page 4 of 4 BOUNDARY SURVEY PREPARED FOR BUILDING BLOCKS PRESCHOOL OF OKEECHOBEE, INC. NORTH GRAPHIC SCALE 20 0 10 20 0 A� ( IN FEET ) 1 inch = 20 IL 60 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. W W 0. W W W W W w N 00'00'12" W W AIK1✓P 6(06 9(6000(60 (01/16/08) r- 0 -CUT E -0.4' rum COWER LOT 10 N 89'51'48" W 142.50' RECOVERED (01/16/06) F2&(C) -- P.1S -2060 S -0.3' E -0.4' COAL X MKT CORM, F -01.1' 47.9' O' O ASPHALT 42.6' W 0 `RECOVERED (01/16/09) 1/2' IRON PPE 29.9' CIOIC � I CONC I Y' I 8' 14.0' 11 9 25.9 10.0' • 6.0' 4. 25.0 41.9' 2.e 8' LOT 11 ±0.33 ACRES 16.1' 15.0' O O O O LOT 12 50.8' 0. W w N 0 0 sr sou Q al Z II -, 1J or WAL C \____P3:costP.EO (01/16/08) FIR0(C) LPL5-3372 500114 1/2 a0T. 0 RECOVERED "- (01/16/08) 1/2 _ Oip1 PPE RECO`4EP.ED 7M01/16,208) 1/2' 0!011 PIPE 18.9' 89'51'48" W 142.50 e S.W. 19TH STREET (TWELFTH STREET) PLAT NOT OPEN & NOT RI USE (40' PLATTED R/W) 5 33. K Y FENCE x x N 89'51'48" W 142.50' R 8 86.3' ROCK 06156 ROCK, ASPHALT DRIVE 89.5' -r LOT 7 ±0.25 ACRES 73' 8.2' 10 ASPHALT / NORTH 1/2 LOT 8 .6 W000 FENCE NOM MOO TOILE 1160.d'I 10( 4 LOT 1x6: IOYI anus 28.4' FENCE RECOVERED (01/16/08) 1/2' IRON PIPE I LOT 4 1.07 5 f RECOVERED (01/16/08) WON PCO2 5 -0:2' v1 -0.2' FENCE' .0' 11.7' MICE 602928 V51' 5-0.T 0 -23' 75.0' 9, 28.1' w • 15.0' LOT 6 N 89'51'48" W 142.50' • MOD FENCE RECOVERED• (00 /FIR&) (C 1u6-3)25 0 0 In N N Od� /1 0 V 0 (n I 60x61 male s -a3• se-n1 1 LOT 1 103 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 F9 /PO BY CK s = 20' SCALE DRAWING NUMBER: 1759- •1 , SHEET 1 OE 1 LEGEND Cr-Set Iron Rod and Cop TWPS 6719 ■ -Found CM 4F-Found Iron Rod (and Cop) C1 -Found Pipe (and Cop) ABBREVIATIONS ▪ 110ae168 : 81.1- 0100naAC P1.Cratdfne: C-001culaied: CAN.0081e TV; 6.1- Commie 110nument � n te� E-Y ESW E/P.E of Powmet ESUT Emdnenk F.1.8.11,11,64 -rlaod 6,48 0na 8»6(80 c d,8 i.L10nhele: 11.N 111: NLY N4xNNrll6V(O0))-- 1080,01 0.Odn k Valke! (Deleon) el 1929; 1115.1101 le Stele: ONw•ar,heted 00111: 1.P109ee67 LInG P.pkL• PC.P0F1 84 Wnolu•c PCC.Pelnl of Compound CorvolwO PCP. Permanent C0n401 Point POD-Pent el B#91nln1 POC.P -},t of Camm4ncement P RC -Point of Rowans ,v es Cu0lure PRIlePem,m u enl Pefermae a,umen(6 PT -P01nt y 5 S0e0C SlY Seulhedd6�1- 008910(6 ond 1ELL.Telephoo ElI o• m 9040, DIM w -weal: WLYwes1Ny. UTL.UUR)(l.,)i.3 •.Spot Elevolkn 86444 on Indicated Datum. STANDARD NOTES: 1. No search of the public records for deternilnotlon of ownership or restrictions offecting the lands shown was performed by the surveyor. 2. The survey depicted here Is prepared exclusively for those parties noted. 3. No responslbillly or nobility Is assumed by the surveyor for use by others not specifically named. 4. Not valid without the signature and embossed seal of Florida licensed surveyor and 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 Of any) os port of this survey. 7. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Moppets (Chapter 61617 -6, F.A.C.) pursuant to Section 472.027. Florida Statutes. TRADEWINDS SURVEYORS Sc MAPPERS, INC. SURVEYORS AND MAPPERS 200 S.W, 3rd Avenue Okeechobee, FL 34974 Tel: (863) 763 -2887 ,414 -6711 4 Y ' i^ G' 7,, / y Kenneth A. Breaux, Jr. (PSM 4820) ( Contract for Sale and Purchase PARTIES: CSW 13, LLC. and Carroll Word, MGRM ( "Seller") of (Phone) and Absorbent Mind Academy, LLC. and Carol C. Wood, MGRM ( "Buyer") of (Phone) hereby agree that1Seller shall sell and Buyer shall buy the following described real property and personal property (collectively "Property") pursuapt to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ( "Contract "): L DESCRIPTION: (a) Legal description of the Real Property located in Okeechobee County, Florida: Parcel ID 3- 28 -37 -35- 0050- 00350 -0110 and 3- 28 -37 -35 -0050- 00400 -0070 (b) Street address, city, zip of the Property is: (c) Personal Property: 1811 SW 2 " Avenue, Okeechobee, Florida 34974 .. 1 4Q3 < HVe• Ow alpha' 111 D. PURCHASE PRICE. $ 110,000.00 PAYMENT: (a) Deposit held in escrow by Okee - Tantie Title Co. (upon acceptance)(Escrow Agent) in the amount of $ 5,000.00 (b) Additional escrow deposit to be made to Escrow Agent within _days after loan approval in the amount of $ (c) Subject to AND assumption of existing mortgage in good standing in favor of having an approximate present principal balance of$ (d) New mortgage financing with a Lender (see Paragraph IV) in the amount of $ (e) Purchase money mortgage and note to Seller (see rider for terms) in the amount of $ (f) Other: $ (g) Balance to close by U.S. cash or LOCALLY DRAWN cashier's or official bank check(s), Subject to adjustments or prorations $ 105,000.00 ffl. TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before January 29, 2015, the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. For purposes of delivery or notice of execution, parties include Buyer and Seller or each of the respective brokers or attorneys. The date of Contract ( "Effective Date ") will be the date when the last one of the Buyer and Seller has signed this offer. A facsimile copy of this Contract and any signatures hereon shall be considered for all purposes as an original. IV. FINANCING: X (a) This is a cash transaction with no contingencies for financing; (b) This Contract is conditioned on Buyer obtaining a written loan commitment within days after loan approval for (CHECK ONLY ONE): _ a fixed; an adjustable; or _ a fixed or adjustable rate loan in the principal amount of $ , at an initial interest rate not to exceed %, discount and origination fees not to exceed % of principal amount, and for a term of years. Buyer will make application within days (5 days if left blank) after Effective Date and use reasonable diligence to obtain a loan commitment and, thereafter, to satisfy terms', and conditions of the commitment and close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain a commitment or fails to waive Buyer's rights under this subparagraph within the time for obtaining a commitment or, after diligent effort, fails to meet the terms and conditions of the commitment by the closing date, then either party thereafter, by written notice to the other, may cancel this Contract and Buyer shall be refunded the deposit(s); or (c) The existing mortgage, described in Paragraph II(c) above, has: _ a variable interest rate; or a fixed interest rate of % per annum. At time of title transfer, some fixed interest rates are subject to increase; if increased, the rate shall not exceed % per annum. Seller shall furnish a statement from each mortgagee stating the principal balance, method of payment, interest rate and status of mortgage or authorized Buyer or Closing Agent to obtain the same. If Buyer has agreed to assume a mortgage with required approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain the necessary application and diligently complete and return it to the mortgagee. Any mortgagee charge(s), not to exceed $ (1% of amount assumed if left blank), shall be paid by Buyer. If Buyer is not accepted by mortgagee or the requirements for assumption are not in accordance with the terns of this Contract or mortgagee makes a charge in excess of the stated amount, Seller or Buyer may rescind this Contract by written notice to the other party unless either elects to pay the increase in interest rate or excess mortgage charges. V. TITLE EVIDENCE: At lease 15 days before closing date, (CHECK ONLY ONE): X Seller shall, at Seller's expense, .deliver to Buyer for Buyer's attorney; or _ Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): _ abstract of title; or X title insurance commitment (with legible copies of instruments listed as exceptions attached thereto)' and, after closing; an owner's policy of title insurance. CLOSING DATE: This transaction shall be closed and the closing documents delivered on March 16, 2015 or when financing arranged, unless modified by other provisions of this Contract. VII. RESTRICTIONS; EASEMENT; LIMITATIONS: Bayer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and mattersl appearing on the plat or otherwise common to the subdivision; outstanding oil, gas and mineral rights of record without J right of entry; public utility easements of record (easements are to be located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 %Z feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgage and purchase money mortgages, if any (if additional items, see addendum); provided, that there exists at closing no violation of the foregoing and none prevent use of the Property for CHILD CARE purpose(s). VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of property to Buyer at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, rider and addenda shall control all printed provisions of this Contract in conflict with them. X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract): COMPREHENSIVE RIDER HOMEOWNERS ASSN. _COASTAL CONSTUCTION CONTROL LINE CONDOMINIUM y"AS IS" INSULATION ^_ VA/FHA r LEAD -BASED PAINT XL ASSIGNABILITY: (CHECK ONLY ONE): Buyer _ may assign and thereby be released from any further liability under this Contract; X may assign but not be released from liability under this Contract; or may not assign this Contract. XIL DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your county Public Health Unit. (b) Buyer acknowledges receipt of the Florida Building Energy - Efficiency Rating System Brochure. (c) If real property includes pre -1978 residential housing then a lead -based paint rider is mandatory. (d) If •Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. (e) If Buyer will be obligated to be a member of a homeowners' association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION DISCLOSURE. XIII. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payment in excess of: (a) $ 0 for treatment and repair under Standard D (if blank, then 2% of the Purchase Price). (b) $ 0 for repair and replacement under Standard N (if blank then 3% of the Purchase Price). XIV. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE XV. STANDARD FOR REAL ESTATE TRANSACTIONS: Standards A through W on the reverse side or attached are incorporated as a part ofthis Contract. THIS IS INTENDED TO BE A 'GALLY BINDING CO ► '. . IF NOT FULLY UNDERSTOOD, SEEK i'Kb ADVICE OF AN : • '. Y PRIOR TO SIGNING. (Buyer) rol C. W.. d % (Date) �% — Q� ) (Seller). Carroll Word, MGRM (Date) Social Security or Tax I.D.# (Buyer) Social Security or Tax I.D.# (Date) Social Security or Tax I.D.# (Seller) (Date) Social Security or Tax I.D.# Deposit under Paragraph 1I (a) received; IF O 113ER THAN CASH, THEN SUBJECT TO CLEARANCE. (Escrow Agent) BROKER'S FEE: The brokers named below, including listing and cooperating brokers, are the only brokers entitle to compensation in connection with this Contract: Name: A Perfect Location; LLC Name: The Tucker Group, LLC Cooperating Brokers, if any Listing Broker STANDARDS FOR REAL ESTATE TRANSACTIONS c, 61/ 1 A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the real property recorded in the public records of the county where in the real property is located through Effective Date. It shall commence with the earliest public records, or such later date as may be customary in the county. Upon dosing of this Contract, the abstract shall become the property of the Buyer, subject to the right of retention there of by fast mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to insurer Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title of the real property, subject only to Liens, encumbrances, exceptions or qualifications provided in this Contract and those to be discharged by Seller at or before closing. Seller shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications provided in this Contract Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 5 days from date of receiving evidence of title to examine it If title is found defective. Buyer shall within said 5 days notify Seller in writing specifying the defect(s). If defect(s) render tide unmarketable, Seller will have 30 day from receipt of notice to remove the defects, failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall be immediately returned to Buyer. if Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) within the time provided therefore. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract If evidence of tide is delivered to Buyer less than 5 days prior to closing, Buyer may extend closing date so that Buyer shall have up to 5 days from date of receipt of evidence of title to examine same in accordance with this Standard. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER A purchase money mortgage and mortgage note to Seller shall provide for a 30day grace period in the even of default if a first mortgage and a 15 -day grace period if a second or lesser mortgage; shall provide for right of prepayment ie whole or in part without penalty; shall permit acceleration in event of transfer of the real property; shall require all prior liens and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s); shall require Buyer to maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the real property against fire and all perils included within the term "extended coverage endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note and security agreement shall be otherwise in form and content required by Seller, but Seller may only require clauses and coverage customarily found in mortgages, mortgage notes and security agreements generally utilized by savings and loan institutions or state or national banks located in the county wherein the real property is located. All personal property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon. C. SURVEY: ! Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same; may have the real property surveyed and certified by a registered Florida surveyor. lithe survey discloses encroachments on the real property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect D. TERMITES/WOOD DESTROYING ORGANISMS: Buyer, at Buyer's expense, within the time allowed to deliver evidence of title, may have the Property inspected by a Florida Certified Pest Control Operator ( "Operator") to determine if there is any visible active termite infestation or visible damage from termite infestation, excluding fences. If either or both are found, Buyer shall have 4 days from date of written notice thereof within which to have cost of treatment, if required, estimated by the Operator and all damage inspected and estimated by a licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to the amount provided in Paragraph XIIi (a). If estimated costs exceed that amount., Buyer shall have the option of canceling this Contract within 5 days afterreceipt of contractor's . repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, and receive a credit at closing on the amount provided in Paragraph XIII (a). "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act, as amended. E. I NGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the real property sufficient for its intended use as described in Paragraph VII hereof, title to which is in accordance with Standard A. F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposit paid by tenant If Seller is unable to obtain such letter from each tenant; the same • information shall be furnished by Seller and Buyer within that lime period in the form of a Seller's affidavit, and Buyer may thereafter contact tenant, to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. G. 1.iF,NS• Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the real property for 90 days immediately preceding date of closing. if the real property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction liens executed by all general contractors, subcontractors, suppliers and materiahnen in addition. to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and matcrialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a construction lien or a claims for damages have been paid or will be paid at the closing of this Contract. }l. PLACE O ' CLOSING: Closing shall be held in the county wherein the real property is located at the office of the attbmey or other closing agent ( "Closing Agent ") designated by Seller. L TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end on a Saturday,. Sunday, or a legal holiday shall extend to 5:00p.m. of the next business day. Time is of the essence in this Contract J. CLOSING, DOCUMENTS: Seller shalt furnish the deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant and mortgagee estoppel letters and corrective instruments. Bayer shall furnish closing statement, mortgage, mortgage note, security agreement and financing statements. K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, mortgagee title insurance commitment with related fees, and recording of purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before closing. Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by proration to be made through day prior to closing, or occupancy, if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held my mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maxhnum allowable discount, homestead and other exemptions. Tf closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's village. If current year's assessment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the real property by January l'` of year of closing, which improvements were not in existence on January I" .of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement to that affect is signed at closing. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. if the improvement has been substantially completed as of Effective] Date, any pending lien shall be considered certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. N. INSPECITION, REPAIR AND MAINTENANCE: Seller warrants that the ceiling, roof (including the fascia and soffits) and exterior and interior walls, foundation, seawalls (or equivalent) and dockage do not have any Visible Evidence of leaks. water damage or structural damage and that the septic tank, pool, all appliances, mechanical items, heating cooling electrical, plumbing systems and machinery are in Working Condition. The foregoing warranty shall be limited to the items specified unless otherwise provided in an addendum. Buyer may, at Buyer's expense, have inspections made of those items within 20 days after the Effective Date, by a firm or individual specializing in home inspections and holding an occupational license for such purpose (if required) or by an appropriately licensed Florida contractor, and Buyer shall, prior to Buyer's occupancy, but not more than 20 days after Effective Date, report in writing to Seller such items that do not meet the above standards as to defects. Unless Buyer timely reports such defects, Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacements are required to comply with this Standard, Seller shall cause them to be made and shall pay up to the amount provided in Paragraph XIII(b). Seller is not required to make repairs or replacements of a Cosmetic Condition unless caused by a defect Seller is responsible to repair or replace. If the cost of such repair or replacement exceed the amount provided in Paragraph XIll(b), Buyer or Seller may elect to pay such excess, failing which either party may cancel this Contract. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller shall, upon reasonable notice, provide utilities service and access to the Property for inspections, including a walk- through prior to closing, to confirm that all items of personal property are on the real property and, subject to the foregoing, that all required repairs and replacements have been made and that the Property, including, but not limited to, lawn, shrubbery and pool, if any, has been maintained in the condition existing as of Effective Date, ordinary wear and tear excepted. For purposes of this Contract: (a) "Working Condition" means operating in the manner in which the item was designed to operate; (b) "Cosmetic Condition" means aesthetic imperfections that do not affect the working condition of the item, including, but not limited to: pitted marcite, missing or torn screens, fogged windows; tears, worn spots, or discoloration of floor coverings, wallpaper, or window treatments; nail holes, scratches, dents, scrapes, chips or caulking in ceilings, walls, floorings, fixtures, or mirrors; and minor cracks in floors, tiles, windows, driveways, sidewalks, or pool decks; and (c) cracked roof tiles, curling or worn shingles, or limited roof life shall not be considered defects Seller must repair or replace, so long as there is no evidence of actual leaks or leakage or structural damage, but missing tiles will be Seller's responsibility to replace or repair. 0. RISK OF LOSS: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of Seller and Closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the Property so damaged, Buyer shall have the option of either taking the Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this Contract and receiving retina] of the deposit(s). P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5- day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) and closing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the personal property, vacate the real property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provisions in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer mortgagor. The escrow and closing procedure required by this Standard shall be waived if the title agent insures adverse matters pursuant to the laws of the State of Florida, as amended. Q. ESCROW: Any escrow agent ( "Agent ") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Contract. Failure of funds to clear shall not excuse Buyer's performance. if in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgment of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of the laws of the State of Florida, as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for ntisdelivery to Buyer or Seller of items subject to the escrow, unless such misdelivery is due to willful breach of thc provisions of this Contract or gross negligence of Agent. R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation, which, for purposes of this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by the laws of the State of Florida, as amended, shall be entitled to recover from the non- prevallling party reasonable attomey's fees, costs and expenses. S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract; or Seller, at .Seller's option, may proceed in equity to enforce Seller's rights under this Contract. if for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any actions for damages resulting from Seller's breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to the real property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal property shall, at the request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. W. WARRANTY: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been disclosed to Buyer. ADDENDUM TO CONTRACT Addendum No. 1 to the contract dated January 27, 2015 CSW 13, LLC and Carroll Word, MGRM and Absorbent Mind Academy, LLC and Carol C. Wood, MGRM concerning the property described as: 18 1 SW 2dn Avenue Okeechobee Florida 34974 1 ! SLO c * YE, 0 between (Seller) (Buyer) (the "Contract "). Buyer and Seller make the following terms and conditions part of the Contract: 1. Due Diligence period of 22 business days from the effective date. 2. Conditioned upon approval of Special Exception request with the City of Okeechobee to operate as a child care center. Application will be made and submitted for review on the February 19th board meeting. 3. Conditioned upon an approval by the City of Okeechobee granting a use of the right of way between the properties. �' oPAR y so) tors is wi4E;2 wi -n-+ Ain 1)/2 w AR.a.A E/ THEJ E30 PEssEO UK PLi6-D %3 VV SB IZ ()/2-s "" Lceres fE\JZ c,1,f, Date: Date: Date: / — 2 % -) >� Date: /--22 -/ B Car C. Wood, MGRM Buyer: Seller: l�� t✓� Carroll Word, MGRM Seller: C P - /2 L, L G !sriv-i01Tri0) s-iaa!a) ucL l:c'n : • MiI 1 , s., I rI: cOY 11sr !;.0 .-!1O0 s k:q. CTTDrI, . CI 1-1i s) . r- Tlri!io r- *crro-- cNyso - r. o p., ,-10to..0 , N- '-(0 C r- 01010140 000,- r-c C 1-10 n) .- D C01.0 O!CD:CD 0) ctrl CCD CDCDC C) CC! CD 3 .- 0)10 O'.-c,ITr4- C4CI stIM10,10NY CDRDiC! 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OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS /MAPPING DEPARTMENT 1 7 f kiId t S=n 0 o<z o W M°is <W a outh~-o O= oW0a) t°O¢W ti_ co LI EL a CV N U o a ' i 0 i O O N. .r o Z ' O z O O - p _ i 0C[ 02'6 i o F r0)u. 0 1 MLL0Z M O1__�I•- ii1 0 �'�.� i a o200v ) 0~2'00` `- c snatnZM a,acnZM o °o (rW� �oWtuu o 9 0 1 900 i r�i ca r. 0) ao ,- N M M S 11* ANtH Sn CD • co W a p D f W o 0 0 o Z C3 II- • o� >W d J a W 00 0 2 Q N j O m 8WTZ.17. 9r0, oO�am iii oofY0v O O O 90(011-1 (.,Z__tou.-. 1 9a Ce =0 1.4. J�X Mau) o N W 0 co O rn CsI 02 >- L. `s tr) ; { o O t O J 0 Z o 0w t t iii 0W 0 J> W b a W OmC) oW j s 20 o2ZOm 00 oW oF- au t ° rn ° C ► -10) Wm �DulYJ aW � m coY I I 03 LL Vis''' a W. _ ._, z o �- 00 i to p0 00 cow w W • 6ZW (73-1--w 'a0 o O W W o el0o pma00- t 9¢,1''88 0E-o00 "'WZ0v tp)o 0 O W0W'�t 0 ?-N W _Mj 3F-N W . (2OaO- ccnYu)Y� 0W�Y0 M N 12 0 O n 0 N O W W M a r t. M W O Pr 2 r N N O co 0 (1C.c ...J 2. AV MS ('CIA/1') 1 1 /` C z Oc ¢u o Q .?.us p 03 y it Z_ Q 1-W a a }s O0tK fa 0 0)- 0Z 00 0 0 U W o.W 00 Z W w W YO Q W a, O xw =m ,-5 4f GI 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 jai,' /A. a--7 , 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 Signature of Applicant Name of Applicant (printed or typed) State of Florida County of Okeechobee Date Zt day of 2i1 7') 'i Sworn to and subscribed efore me this 7 day of , off! 1 . Personally known to me or produced (a identification and did not take an oath. Notary P State of Florida SUE STARR Seal: �*�Y "• SLJE ANN STARR :a?•, y +. ,A 4:*E MY COMMISSION # EE195676 EXPIRES May 31 2016 (407) 398-0153 FladdallotaryServtce.com (Rev 01/12) Page 3 of 11 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND USE PO -dI Name of Property Owner(s): C 5 (A) 13 r L(. C Mailing Address: /0 so 5E Q3T'ci 5 T. OKeeer_holkee , FL 3 (f 9 7(1 Home Telephone: Work: Cell: 1 4 0 - 6296 Property Address: /030 f 1q03 sbo o2 nd AVE .) OXeec hohck 3 cl 74< Parcel ID Number: 3..28_37_35 -c050- UU350 - 0110 f .3 -2g -3765_6056_00c/co Name of Applicant: h� g gEJU7 -�I I`I� ACRDEM u c.. 4 CAROL C cx� NI q M Home Telephone: Work: Cell: 6-61 _b35_pli(ito 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 DAY OF■lpt ,art 206 �1 HAND AND SEA LS THIS C / / `i./ OWN R WI l...l estnia aril n OWNER Before me the, undersigned authority personally appeared the owner(s) acknowledged before me that they are the owner(s) of the real property power of attorney for the purpose stated therein. Sworn and subscribed WITNESS named above who upon being duly describe above and that they executed t, i f ?a' ' , JAMIE BRAMMEIER _ .z ;`� : Notary Public State of Florida ..:-0: • 1.1: •i My Comm. Expires Oct 29, 2016 - -9 -�: 1? Commission EE 847395 '' %F °° ,op,, Bonded Throe. h National Notary Assn. sworn the 201'3 Notary Public _ SEAL 4 Commiss. n Expire . �\t ��'� w , 1 (Rev 01/12) Page 5 of 11 FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS Detail by Entity Name Florida Limited Liability Company CSW 13, L.L.C. Filing Information Document Number L13000101792 FEI /EIN Number 46- 3209587 Date Filed 07/18/2013 State FL Status ACTIVE Effective Date 07/18/2013 Principal Address 1080 S.E. 23rd Street OKEECHOBEE, FL 34974 Changed: 01/09/2014 Mailing Address 1080 S.E. 23rd Street OKEECHOBEE, FL 34974 Changed: 01/09/2014 Registered Agent Name & Address WORD, CARROL 1080 S.E. 23rd Street OKEECHOBEE, FL 34974 Address Changed: 01/09/2014 Authorized Person(s) Detail Name & Address Title MGRM WORD, CARROL 1080 S.E. 23rd Street OKEECHOBEE, FL 34974 Annual Reports Report Year Filed Date ,f50,41,2; http: / /search.sunbiz.org/ Inquiry/ CorporationSearch/ SearchResultDetail ?inquirytype= Entity... 1/29/2015 2014 2015 01/09/2014 01/08/2015 Document Images 01/08/2015 -- ANNUAL REPORT 01/09/2014 -- ANNUAL REPORT 07/18/2013 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format Copyright © and Privacy Policies State of Florida, Department of State http: / /search.sunbiz.org /Inquiry / CorporationSearch / SearchResultDetail ?inquirytype = Entity... 1/29/2015 Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Absorbent Mind Academy, LLC Petition No.: 15- 001 -SE Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239 -334 -3366 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Absorbent Mind Academy Petition No. 15- 001 -SE General Information Owner CSW 13, LLC. Applicant eechobee; Absorbent Mind Academy Roa almBeach 1811 SW 2nd Avenue arolWoo 561 - 635 -9496 Site Address Contact Persori #k Contact Phone Number ure Zoning District 'se o Prro Acreage lassif Ica ti Existing mercia CPO, Commercial Professional Office noccupiea�form ycarefacili 0.574 acre Proposed Commerciala,= CPO, Commercial Professional Office 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 Governments Since 1988 1 Staff Report Special Exception Request Applicant's Name: Absorbent Mind Academy Petition No. 15- 001 -SE Adjacent FLUM Classifications, Zoning Districts, and Existing Land Use Future Land Use Map Zoning District Existing Land Use: Future Land Use Classification East Zoning District Existing Land Use Future Land Use Classification Zoning District Existing Land Use Future Land Use Classification West Zoning District Existing Land Use Commercial CHV Single- family home Commercial GF 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 lots 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: Absorbent Mind Academy Petition No. 15- 001 -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 portions of the property that "... have been used for off - street parking but are unpaved or unimproved, unmarked or otherwise do not meet the City's design requirements for such parking, the owner shall improve the quality of such area (or its dimensional equivalent) with 'pavers' or other form of dustless surface acceptable to the city for the purposes of vehicular parking. The number of spaces to be provided shall be equal to that which can be accommo- dated within the geographic area previously used for parking... 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 with a dustless surface acceptable to the City. Parking spaces for employees should be marked and handicapped spaces should be identified and meet state standards. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Absorbent Mind Academy Petition No. 15- 001 -SE Consistency with Land Development Regulations Section 70- 373(b) requires that the Applicant address the following standards for granting a Special Exception, during his /her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. "The proposed location was previously used as a child care center 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. (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 required." 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. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Absorbent Mind Academy Petition No. 15- 001 -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. "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." 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. 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. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Absorbent Mind Academy Special Exception Request Petition No. 15- 001 -SE (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. 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 in bold Arial typeface. (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. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Absorbent Mind Academy Petition No. 15- 001 -SE (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. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "The 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. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Absorbent Mind Academy Special Exception Request Petition No. 15- 001 -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 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. We agree. (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 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. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "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." 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. 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 at the top of page 5 of this Staff Report. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Absorbent Mind Academy Petition No. 15- 001 -SE (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It is not anticipated that reestablishing 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 be 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. 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. Recommendation Based upon the foregoing analysis and findings, Staff recommends that Petition Number 15- 001 -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 in a manner that provides for a dustless surface approved by the City. Also, parking spaces for employees should be marked and handicapped spaces should be identified and meet state standards. Submitted by: Wm. F. Brisson, AICP Sr. Planner February 10, 2015 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: February 19, 2015 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Absorbent Mind Academy Special Exception Request Petition No. 15- 001 -SE Okeechobee Future Land Use Map COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY tfl !! MULTI FAMILY - COMMERCIAL - INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Serving Fl rid, L■c31 e,“cerrnmrms ~in a 1988 10 Staff Report Special Exception Request Applicant's Name: Absorbent Mind Academy Petition No. 15- 001 -SE Okeechobee Zoning Map ZONING L'MNCOR1.0gArE12 0i.^„ t3TRIC C,IA. CLT. LGHT CCMAIERCI L f7■ - C01,M PRrFESS,C1XAt Cfr 2= . � H. RvulNm INDIA:TR ,A_ ■*OE AIL FA-u MSS PUC'ALEC PUC R RVr. REVDE'It1 AL VU(TI LE fAAMY RMH - RESIDENTt +L V 0S LE HOME *SF t .R FSII?FNTIA StN.IF oath .� RSV. 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