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14-008 SE Donna WildesCity of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax (863) 76 -1686 Date: Q -50_ jt,( - Petition No. 14-00 8_6 C Fee PaidC1 iL 1300 r Ct )Jurisdiction: gv/} 2 "d Hearing: -- 1St Hearing: 10_1(p_ id Publication Dates: 1011 ),0 lo/ gI,Ll Notices Mailed: tC(sh.i 1 Name of property owner(s): Clot/14.h 0 u 5t2 aza &Li 2 3 Owner mailing address: 5-0 00 ,Sw OA Ave n t Da vi FL 333111 Name of applicant(s) if other than owner Don pa t ". i,01 l 7 j 4 5 Applicant mailing address: /(fin Su) ^ci - rare Ce o 4)e Name of contact person (state relationship): ,Don l7Q WI' /del E -mail address: 6 7 Contact person daytime phone(s): Property address /directions to property: 10 N W 5h Strtct neee ,che 3V9 7( 8 Describe current use of property: VACtt.,if JcA-; (Clir"c 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. LS g /)/ / ,big tdir i V r Source of potable water:eiJ Method of sewage disposal: bue,, 10 11 Approx. acreage: (p y Is property in a platted subdivision? yep Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 12 Is a pending sale of the property subject to this application being granted? 9.0. 13 14 Describe uses on adjoining property to the North: North: Leis dent) a l M F t' S F East: DPeec ,obre aSC, / er, , v'tehf) -- South: fte0 b lieu 1'1 bee Pn;pe4' West: 300 f/41 -4 0f c,2 16it..a Existing zoning: e,O O Future Land Use classification: (At - 15 16 Have there ben 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. Request is for: ( ) Rezone ('✓) Special Exception ( ) Variance 17 Parcel Identification Number: 3 _ is-- —. 3 35" - 0010 - 066-1,D0--- 0071 0 (Rev 09/14) Page 1 of 11 18 19 20 21 t� - ('� 5t5 c 16a Khe /`J Applicant's statement of interest in property: r �`�'1CS;S �'l°i?�1 i , L-e ?Se h o /- p �t :-�:�Z a Non - refundable application fee: Rezoning: $850 plus $30 /acre; S CCJJ'p�'pe6ial 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. Last recorded warranty deed: it''af tA./z, aced / q/b 7 OL, Ck (/a t ft'l (04,14' / /� � 1M (Lad CL Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy 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. Sig re 1 Printed Name Date hO/J0/(1 For questions rel g to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: _ v L" d Ky ( c 4- = :',. -+-s Tl,-. rx_A ,w v al ■ (,.,�7....,', lY"1 c' .P •o -.1. i f'r'i C_.'i." Are there similar uses in the area? No () Yes If yes, briefly describe them: If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: ' -t• -°rte S ('.<<r r-4-,z-le C' WO E V- C" Ce- ..--‘ J.. Z...r -v., 1,Q, & ....,4-1 V , A \ 6., � .. i cstc, 1=, 0'1 v--'ate .-, D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and Jewel of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary STANDARDS FOR GRANTING A SPECIAL EXCEPTION (Sec. 70- 373(b), LDR page CD70:191 Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. r. rat 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. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (Rev 01/12) Page 8 of 11 Standards for Granting a Special Exception [Sec. 70- 373(b)], LDR page CD70: 19 1. Demonstrate that the proposed location and site are appropriate for the use. Beasts & Barbells, LLC's goal is to provide a convenient center with 24 hours access of fitness services that will allow a more healthy community for its residents and surrounding business employees. The surrounding public includes employees of the Okeechobee County Courthouse, Okeechobee County Sherriff's Department, Okeechobee County Fire Department, local attorney offices, Okeechobee County Property Appraiser /Tax Collector's office. The proposed location would allow the surrounding employees to obtain the services of the fitness center before work, lunch break and after work. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood or explain why no specific design efforts are needed. The proposed location of the fitness center will not require any specific design changes that would affect the public. The building is a single story design with 4000sgft floor space in which adequately meets the needs of the business and the public. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses or explain why no visual screening is necessary. The proposed location is currently in compliance with the landscaping ordinances. Visual screening is not necessary for the fitness center. All services will be provided and conducted inside the building and will not have any visual effects on the public or surrounding businesses. 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. The planned use will not create any public nuisance, problems or hazards for the public or surrounding businesses. All services provided by the fitness center will be conducted inside the building. 5. Demonstrate how the utilities and other services requirements will be handled off site and onsite. All required utilities and other services will be handled directly by the owner and licensed vendors based on the need of the business and customers. Water and sewer will be maintained by OUA; electrical services by FPL and all lawn maintenance will be conducted by Precise Property Management Services, LLC. 6. Demonstrate how the impact of traffic generated will be handled offsite and onsite. The proposed location currently has 20 parking spaces onsite and has a shared parking agreement with the 300 plaza for overflow parking. The location of the fitness center is in close proximity to concentrations of office workers and public service employees can reduce traffic congestion and reduce travel time for services by employees before and after work and at lunchtime. Applicant Name: Donna Wildes dba Beasts & Barbells, LLC Address: 1647 SW 22nd Terrace, Okeechobee Florida 34974 Contact: 863.634.3023 Date: October 1, 2014 The applicant Donna Wildes dba Beasts & Barbells, LLC is petitioning for a text amendment of Division 6.Commercial Professional and Office (CPO) District to include personal services to be included as a special exception. The aforementioned applicant currently has obtained a lease agreement with option to purchase the property located at 210 NW 5th Street Okeechobee Florida 34972 as well as purchase of fitness equipment to supply the business needs. Beasts & Barbells, LLC's goal is to provide a convenient center with 24 hours access of fitness services that will allow a more healthy community for its residents and surrounding business employees. The surrounding public includes employees of the Okeechobee County Courthouse, Okeechobee County Sherriffs Department, Okeechobee County Fire Department, local attorney offices, Okeechobee County Property Appraiser /Tax Collector's office. Unfortunately, the leased building located at 210 NW 5th Street is zoned as Commercial Professional Office in which does not include a special exception of personal services which will affect the use of the building for the fitness center or any other amentity found within the definition of personal services that can be beneficial for the needs of the community. The applicant believes the inclusion of personal services to the CPO district zone code will foster economic development, ensure future growth that is well- designed and diverse and offer a range of amenities and services for the community.The proposed text amendment will not have any adverse effects on the public interest as the surrounding uses are commercial in nature. It is appropriate for the location, reasonably compatible with adjacent land uses and not contrary to urbanizing land use patterns. The applicant has discussed all possible recourse with Administrator Brian Whitehall and Planner William Brissom regarding the abovementioned circumstance. Beasts & Barbells, LLC 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. )1 . 2. The use is specifically authorized as a special exception use in the zoning district. yes 3. The use will not have an adverse effect on the public interest. ►I0• 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. ` { PrtPc.iett CPS cc -rTe c.%i/1 nc civevr'e°1j q FeC'#" fhG FrO,- V--cf ✓O-4k) G✓ %,✓ /.ti:5 d;'m -s 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. (t / will re d1I •f ra_&) (? n �j et Flvod,h,) Or am a kt. n 6 a_pP/ rit.b(E 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 09/14) Page 9 of 11 Record and Return to: UNION TITLE CORPORATION 1901 East Atlantic Boulevard Pompano Beach, FL 33060 [Phone: (954) 491 -8800 ] U o7-O003 Prepared by and return to: Patricia L. Perez, Esq. Attorney at Law PATRICIA L. PEREZ, P.A. 2222 Ponce De Leon Blvd. Penthouse Suite Coral Gables, FL 33134 305 -445 -7611 File Number: 07 -3370 [Space Above This Line For Recording Data] This Warran • Liability Co Rukhoma Trust da manage FL 333 ny . Po Mar dis , grant, Warranty Deed 1111111111111101111111111111111111111111111111111111111 FILE NUM 2007006540 OR BK 00630 PG 0020 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 05 /09/2007 01 :27 :26 P11 RECORDING FEES 18.50 DEED DOC 6,524.00 RECORDED BY R Parrish Pas 0020 - 21; (2p9s) 24th24th day of April, 2007 between Courthouse Plaza, LLC, a Florida Limited address is 12450 NW South River Drive, Miami, FL 33178, grantor, and n Powmesamy, as Trustees of the Rukhomani D. Powmesamy Revocable er to protect, conserve and sell or to lease or to encumber or otherwise to described herein whose post office address is 5000 SW 70th Avenue, Davie, samy an 16, 1999 wi of the real ub full rope (Whenever and the su ed herei rs and Witnesse good and valua. ions has granted, bargained, and sold situate, lying and being in Okeec tents "grantor" and "grant gns of corporations, trusts_ at said gr Lots 7, 8, 9 and 10, Bloc County, a copy of said pl Public Records of Okeechob d in said g the sa' ee C ude all the •.rti trustees) is instrument and the heirs, legal representatives, and assigns of individuals, ideration of t tor in hand pai grantee, and g nty, Florida to of Okeec ing r su .y sai tee's f TEN AND NO /100 DOLLARS ($10.00) and other rantee, the receipt whereof is hereby acknowledged, i ns forever, the following described land, ee, PI ded in ou orida. ecords of St. Lucie ook 5, Page 5, Parcel Identification Number: R-3-15- - - 0010 -009 Together with all the tenements, hereditaments and appu To Have and to Hold, the same in fee sim. fore And the grantor hereby covenants with said gra grantor has good right and lawful authority to sell an said land and will defend the same against the lawful c encumbrances, except taxes accruing subsequent to Decembe grantor is la ed of said land i said land; that the grantor hereby full f all persons whomsoever; and that 31, 2006. In Witness Whereof, grantor has hereunto set grantor's hand and seal the d. ear first a c; that th the ti DoubleTimeo Book630 /Page20 CFN #2007006540 Page 1 of 2 Signed, sealed and delivered in our presence: Witness Nine: 3t:vlvlLfcv Mons Witness Name: 16Ct liba ►-cc. A <<,{tl p-z State of F County The for Courth to me or [Notary S Courthouse Plaza, C, ,! Iorida Limited Liability Company By: hho _. Miguel A. Jimen z, s'flP1 . ger (Corporate Seal) trument was ackn edged R _ 24th day of April, 2007 by Miguel A. Jimenez as Manager of LLC, a Florida Limit:. . `: •ility C .an'; * behalf of the corporation. He/she [1J4a- personally known duced a . ' r`s li Warranty Deed - Page 2 DoubleTimee Book630 /Page21 CFN #2007006540 Page 2 of 2 PREPARED BY: Rukhom*ni and Subryan Powmesamy 5000 SW 70Th Avenue Davie, FL 33314 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: COURTHOUSE PLAZA REALTY LLC 5000 SW 70Th Avenue Davie, FL 33314 MAIL TAX STATEMENTS TO: COURTHOUSE PLAZA REALTY LLC 5000 SW 70Th Avenue Davie, FL 33314 1111111 111 H 11111111111 U 11 11111 1111 1111 FILE NUM 2012006568 OR BK 00716 PG 1649 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 06/29/2012 12:22:51 P11 ANT 10.00 RECORDING FEES $18.50 DEED DOC $0.70 RECORDED BY G llewbourn P9s 1649 - 1650; (2P9s) SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY QUITCLAIM DEED THIS R Rukho into on the 29 day of June , 2012, between a married couple, as Trustees of The SW 70Th Avenue, Davie, Florida 33314, LLC whose address is 5000 SW 70Th FOR FULL CONSIDERA hereby acknowledged, the property located in Okeec d sufficiency of which is Quitclaim to Grantee, Lot 7,8,9,and 10, Block 92, City of Okeecho Lucie County, Florida. A copy of said Plat also 5, Page 5, Public Records of Okeechobee Co Parcel identification number:R 3- 15 -37 -35 rds of St Book SUBJECT TO all, if any, valid nditions, restrictions of record. ons and Grantors grant all of the Grantors' rights, title and interest in and to all of property and premises to the Grantee, and to the Grantee's s and fo m fee simple, so that neither Grantors nor Grantors' heirs legal shall have, claim, or demand any right or title to the property, p or any part thereof. Tax/Parcel ID Number. R- 3- 15- 37 -35- 0010-00920 -0070 Quitclaim Deed Page 1 of 3 Book716 /Page1649 CFN #2012006568 Page 1 of 2 IN WITNESS WHEREOF the Grantors have executed this deed on the Of7 s4 day of 'MAW , 201a . Rukhomani Powmesamy, as Trustee of Rukhomani D Powmesamy Trust, Gran Qrgmtor's Witness, rR _ev-) Grantor's Powmesamy, as T The ukhomani D Powmesamy T Grantor Grantor's Grantor's Witn STATE OF FI0,4 COUNTY OF The foregoing instrument was ac Tune, known to me or has produced did/did not take an oath. of natty and who Printed Name of No Book716 /Page1650 CFN #2012006568 Page 2 of 2 From: Subryan Powmesamy powmesamys @yahoo.com Subject: Courthouse Plaza Date: October 2, 2014 at 11:35 AM To: Bryan Holden bryanwholden @yahoo. cam Name of Property Owner(s): City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: R1663 -763 -3372 Fax: 863- 763 -1616 LAND USE POWER OF ATTORNEY Cj1 L t! i t f}_ _ 2 I? k- 1 d• L c Mailer Addy: - A) Homja Tele host 5.- ,- y.? s tey "tiff d Cell: ,5` T _ 3 . .r 3 Property Address: _ 5-;11. %ie,c.eA- Ok a b Parcel ID Number: Z . 5- — 3 - 00 kO -" Co 4 a 0 -- C C�� -7'0 use of Applicant: an n (. W 1(l e i Home Telephone: CeY: The undersigned, being the record title owner(s) of the real property d escribed alcove, do hereby gam unto the applicant stated above the full right and power of attorney to make applk:mtio n to the City of Okeechobee to change the land Use of said property_ This land uac change may include reQoning of the property, the granting of special exception or vvriaaces, and appeals of decisions of the Planning Department. It is understood that conditions, ]imitation arid 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 proceedingto rezone the property to the original classification. This power of attorney may be terminated only by a written and notarircd statement of such to mination eIT cti a upon receipt by the Planning Department. fN WITNESS WHEREOF THE IJNDLRSIGNRD HAVE SET TTIbIR HAND AND SEALS TI11S_ 0 1 DAY OF at/ b v 20 N 1 OWNER 2 R -- WITNESS II WITNESS Before Fly the undersigned authority personally appcarcd the owners) named above who upon being duly sworn adore dodged before me that they are the owner(s) of the real property described above and that they executed the power of allorney for the pure srt�ts. therein, Sworn and subscribed this Q t . day of (rlpb(�' 2014 � f Notary! Public: Commission Exp es: L Z �i 2 ()I? i Rev 09+14) atANCISytp KANCO Notary NW Out ei FIm tow films bray 29 7' • 9 COFnaniiion s FF 127so Yt>g5Dill Detail by Entity Name FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS Page 1 of 2 Detail by Entity Name Florida Limited Liability Company COURTHOUSE PLAZA REALTY LLC Filing Information Document Number L11000056318 FEI /EIN Number 452280970 Date Filed 05/12/2011 State FL Status ACTIVE Effective Date 05/12/2011 Principal Address 204 -216 NW 5TH STREET OKEECHOBEE, FL 34974 Mailing Address 5000 SW 70TH AVE DAVIE, FL 33314 Registered Agent Name & Address POWMESAMY, Rukhomani 5000 SW 70TH AVE DAVIE, FL 33314 Name Changed: 03/23/2014 Authorized Person(s) Detail Name & Address Title MGRM POWMESAMY, SUBRYAN 5000 SW 70TH AVE DAVIE, FL 33314 Title MGR POWMESAMY, RUKHOMANI 5000 SW 70TH AVE DAVIE, FL 33314 http: / /search.sunbiz. org/ Inquiry / CorporationSearch /SearchResultDetail /Enti... 10/3/2014 Detail by Entity Name Annual Reports Report Year 2012 2013 2014 Filed Date 02/13/2012 04/13/2013 03/23/2014 Document Images 03/23/2014 -- ANNUAL REPORT 04/13/2013 -- ANNUAL REPORT 02/13/2012 -- ANNUAL REPORT 05/12/2011 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format Copyright and Privacpolicies State of Florida, Department of State Page 2 of 2 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/Enti... 10/3/2014 W 0 0 0 a N H a) W z 0 ADDRESS 2 W Q z W O ce W 2 z J W 0 Q 0. 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Surrounding property owners mailing addresses 300' from the outermost portion of subject property. Variance Items Needed: Location map 100' surrounding property from the outermost portion of subject property. Surrounding property owners mailing address 300' from the outermost portion of subject property. Future Land Use Map Amendment Items Needed: Location map 100' surrounding property from the outmost portion of subject property. Surrounding property owners mailing address 300' from the outermost portion of subject property. Items Needed: Location map 100' surrounding property from the outermost portion of subject property v Abandonment Right -of -Way / Alley Closing Items Needed: Location map 100' surrounding property from the outmost portion of subject property. Surrounding property owners mailing address 300' from the outermost portion of subject property. Information is provided by the Okeechobee County Property Appraisers Office. You may hand deliver this request form or fax it to the following attention: Angela Jones- Fowler Okeechobee County Property Appraisers Office 307 N.W. 5th Avenue, Suite A Okeechobee, Florida 34972 Phone: (863) 763 -4422 Fax: (863) 763 -4745 (Rev 09/14) Page 4 of 11 'OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER I 100FT Surrounding Properties 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.5- Thbtf 3o ,c)loic% 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 ,grani day of r Signature of Applicant Date On iOi /dee Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this O day of . Personally nown to me or produced as identification and did not take an oath. Notary P Cy ,_ Lt N��G�}'� (Rev 09/14) AINS C.SINCWR Florida Notary PabNe - 10 2017 My Comm. Expires-Oct re FF 062177 Bonded Commission Through Naked Notary Asst. Seal: Page 3 of 11 Oi? 04.6°16'.4 111%"16' " " tio' .40"14Pg D SearchResults Okeechobee County Property Appraiser updated: 9/18/2014 Parcel: 3- 15- 37 -35- 0010 - 00920 -0070 « Next Lower Parcel Next Higher Parcel » Owner & Property Info c-p6i Page 1 of 3 2014 Preliminary Certified Values Parcel List Generator 2014 TRIM (pdf) Owner's Name COURTHOUSE PLAZA REALTY LLC Site Address 210 NW 5TH ST, OKEECHOBEE Mailing Address 5000 SW 70TH AVE DAVIE, FL 33314 Description CITY OF OKEECHOBEE LOTS 7, 8, 9 & 10 BLOCK 92 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.642 ACRES S /T /R 15-37- 35 Neighborhood 518655.00 Tax District 50 DOR Use Code OFFICE BLD (001700) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (2) $69,600.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $166,742.00 XFOB Value cnt: (6) $20,152.00 Total Appraised Value $256,494.00 Sales History GIS Aerial Retrieve Tax Record Property Card Interactive GIS Map Print Search Result: 1 of 1 120 180 240 300 360 420 ft 2014 Preliminary Certified Values Just Value $256,494.00 Class Value Moo Assessed Value $256,494.00 Exempt Value Moo Total Taxable Value $256,494.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book /Page Inst. Type Sale Vlmp Sale Qual Sale RCode (Code List) Sale Price 6/29/2012 716/1649 QC I U 11 $100.00 http: / /www.okeechobeepa.com /GIS /D_SearchResults.asp 10/1/2014 D SearchResults Page 2 of 3 4/24/2007' 630/20 WD I U 03 $932,000.00 7/1/2005 569/708 WD V Q 8550 $100,000.00 6/30/2004 536/530 WD V Q 0 x 0 x 0 $42,500.00 9/22/2000 444/1806 WD V U 0 x 0 x 0 $38,000.00 9/9/1999 433/995 WD V U 03 $0.00 9/1/1993 348/1664 QC V U 03 $100.00 2/1/1968 106/535 WD V Q $1,600.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value Show Sketch 1 STRIP STOR (003800) 2007 7600 8550 $166,742.00 Extra Features & Out Buildings - ( Show Codes ) Code Desc Year Blt Value Units Dims Condition ( Good) LNQ1 LGHT QURZ 2007 $2,160.00 0000010.000 0 x 0 x 0 PD (090.00) ASPH 4 PK WATR /RE 2007 $15,159.00 0007960.000 0 x 0 x 0 PD (090.00) CONC B COM SLB WL 2007 $593.00 0000289.000 0 x 0 x 0 PD (090.00) FENC 1 4'C /LINK 2007 $687.00 0000124.000 0 x 0 x 0 PD (090.00) CONC I BUMPERS 2007 $137.00 0000011.000 0 x 0 x 0 PD (090.00) Land Breakdown Lnd Code Desc Units Adjustments Rate Lnd Value 067NPF NO SIDE NW (MKT) 0000100.000 FF - (0000000.321AC) 1.00/1.00/1.00/1.00 $348.00 $34,800.00 067NPF NO SIDE NW (MKT) 0000100.000 FF - (0000000.321AC) 1.00/1.00/1.00/1.00 $348.00 $34,800.00 Okeechobee County Property Appraiser Search Result: 1 of 1 updated: 9/18/2014 HOME I Record Search I GIS Map I General Info ( Exemptions I Tangible Tax I F A 0 I C This information was derived from data which was compiled by the Okeechobee County Prop( Appraiser's Office solely for the governmental purpose of property assessment. This informati( not be relied upon by anyone as a determination of the ownership of property or market value. warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or i interpretation. Although it is periodically updated, this information may not reflect the data cure in the Property Appraiser's office. The assessed values are NOT certified values and thereforE subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e -mail addresses are public record. If you do not want your e-mail address http: / /www.okeechobeepa.com /GIS /D_SearchResults.asp 10/1/2014 E E E 4 E E + E E + E E E + + 4 E E F E E F E E + Parking Use Agreement It is our understanding that the Applicant, Beasts & Barbells, LLC, mentioned below, is, or will be, requesting a business license from the City of Okeechobee and as part of the approval process is required to demonstrate adequate, code compliant parking for the intended use. As owner(s) of the property located at 300 NW 5th Street, Okeechobee Florida 34972, I (we) have determined that our existing parking exceeds the current required parking needs for our facility and hereby agree to lease and commit Five (5) excess parking spaces to Beasts & Barbells, LLC (applicant) located at 210 NW 5th Street, Okeechobee Florida 34972. Furthermore, this Agreement and the provisions herein shall remain in effect for as long as needed to accommodate the Applicant's parking needs for the proposed use, as required by the City of Okeechobee. to the Owner of 300 NW 5th Street, Okeechobee, FL 34972: rith 0. 121 Q 1W /del..- -w vi . 2uc,vs sic_ Iola- 3-f1zt-- Owner or authorized agent signature / printed name, title Date STATE OF FLORIDA COUNTY OF OKEECHOBEE j T}'�,f,o�r ing i trument was acknowledged before me this day of CC- r , 2014, by T t1C1�C1C (S S , who is personally known to me or who has produced identification confirming their identity. 1 AMY STOREY qtly Public - State of Florida My Comm. Expires Feb 24, 2017 C -_ mission # EE 877448 m isMts441WG street, Okeechobee, FL 34972 (`0{ Applicant or a , I%rizVagent signature / printed name, title / ,00/ 1/11 /gas STATE OF FLORIDA COUNTY OF OKEECHOBEE y'f` Tile forgoing instrument was acknowledged before me this 6 day of A G, U V t, 2014, b N / r� A. 1/..% I l 2 S � who is person y known to me or who has roduced identifica confirming their identity. Date ,Notav tamp)_,____ SHANNON T. CONRAD Noidry Public - State of Florida My Comm Expires May 6, 2015 - -.' : °,. Commission # EE 60111 I Rukhomani Powmesamy being owner of Courthouse Plaza authorize Donna Wildes d/b /a Beasts and Barbells to pull construction permits on Courthouse Plaza for aLL interior /exterior improvements pertaining to her business. Owner Signature: , ..A.144, I e/ RUKHOMANI POWMESAMY ate: Witness Signature:) cui Date: NOTARY: Prt- D SANAME Notary Public - State of Florida Comm Expires Nov 3, 2015 EE 113505 H - iC 1 u'' S774 S _16 3-011 RECEIVED NOV 0 7 2014 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 863-763-3372 FAX 863-763-1686 November 13, 2014 VIA EMAIL CEO@laurelpointe.net Donna Wildes, dba Beasts & Barbells LLC 1647 SW 22nd Terrace Okeechobee, FL 34974 Dear Ms Wildes: Re: 14 -008 -SE This letter is to officially advise you that the Board of Adjustments at its regular meeting on October 16, 2014, approved your request to allow personal services within a Commercial Professional Office Zoning District (Ref. Sec. 90-223 (2)) located at 210 NW 5th Street, Okeechobee, FL, lots 7,8,9 and 10 Block 92, for the proposed use of a Health & Fitness Center. The property consists of 0.642 acres. Our Finance Department is in receipt of your Business Tax Receipt Application (BTR) for the Health & Fitness Center. Should you have any concerns or questions regarding the progress of this application please contact Kim Bames at 863-763-3372 ext. 222 or kbarnes(a,cityofokeechobee.com. Attached herewith please find a copy of the October 16, 2014 Planning Board/Board of Adjustment and Appeals minutes for your records. Should you require any additional information, please do not hesitate to contact me. Sincerely, Paito M. B�un.nL+t Patty M. Bumette General Services Coordinator Attachment Patty Burnette From: Laurelpointe CEO <CEO@laurelpointe.net> Sent: Wednesday, November 12, 2014 7:08 AM To: kbarnes@cityofokeechobee.com Cc: Brian - Whitehall; Patty Burnette Subject: Fwd: OUA confirmation See below. Now that I have sent you the OUA and WM confirmation you should have all you need. If there is further documentation contact me. Thank you. Sent from my iPhone Begin forwarded message: From: John Hayford <jhayford@ouafl.com> Date: November 10, 2014 at 5:04:54 PM EST To: Laurelpointe CEO <CEO@laurelpointe.net> Subject: RE: OUA confirmation Here is the account information that you requested. Acct Holder : RUKHOMANI POWMESAMY Service Address: 204/216 NW 5th Street Acct activation date: 10/28/2014 John Hayford Okeechobee Utility Authority Original Message From: Laurelpointe CEO [mailto:CEO@laurelpointe.net] Sent: Monday, November 10, 2014 4:43 PM To: John Hayford Subject: Re: OUA confirmation Can you please send me something so I can appease the City and get my business license? Sent from my iPhone On Nov 7, 2014, at 10:27 AM, "John Hayford" <jhayford@ouafl.com> wrote: Is Monday OK? 1 i John Hayford Okeechobee Utility Authority Original Message From: Laurelpointe CEO [mailto:CEO@laurelpointe.net] Sent: Friday, November 07, 2014 10:07 AM To: kbarnes@cityofokeechobee.com; John Hayford Subject: OUA confirmation John, Can you please forward me confirmation that the account has been activated for Beasts & Barbells and a well as the "official date" so the city understands this has been situated for over a wk. I have copied Kim from the City on this email so she can receive as well. Thank you, Donna Wildes Sent from my iPhone r.' AGENDA V. OPEN PUBLIC HEARING - Chairperson. QUASI-JUDICIAL ITEM: D. Petition No. 14 -008 -SE, submitted by Donna Wildes, on behalf of property owner, Courthouse Plaza Realty LLC, to allow personal services within a Commercial Professional Office Zoning District, (Ref. Sec. 90-223 (2)), for Lots 7 to 10 of Block 92, City of Okeechobee, and located at 210 NW 51h Street, containing approximately 0.642 acres. The proposed use is for a Health and Fitness Club (Exhibit 4). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14 -008 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. OCTOBER 16, 2014 - PLANNING BOARD - PAGE 2 OF 13 4 6 f' ACTION - DISCUSSION - VOTE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:04 P.M. Special Exception Petition No. 14 -008 -SE was submitted by Ms. Donna Wildes, on behalf of property owner, Courthouse Plaza Realty LLC, to allow a Personal Services Use within a Commercial Professional Office (CPO) Zoning District, reference Code of Ordinance Section 90-223 (2), for Lots 7 to 10 of Block 92, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, and located at 210 Northwest Street, containing approximately 0.642 acres. The proposed use is for a health and fitness club. This being a quasi-judicial proceeding, as required by law, 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, with LaRue Planning and Management of 1375 Jackson Street, Suite 206, Fort Myers, Florida; and Steven L. Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida. Chairperson Hoover yielded the floor to City Planning Consultant Brisson, who reviewed the Planning Staff Report findings by explaining the applicant is requesting to operate a health and fitness club that will provide 24-hour gym access for its members. Currently, this use is neither a Permitted nor an allowable Special Exception in CPO. The applicant has addressed this issue through Land Development Regulations (LDR's) Text Amendment Application No. 14 -001 -TA, to which this Board, sitting as the Local Planning Agency, recommended approval to the City Council to add as a Special Exception Use. The City Council approved the First Reading on September 30, 2014, during a Public Hearing, final consideration for adoption is slated for October 21, 2014. Additionally, the applicant submitted a Site Plan Review to the Technical Review Committee (TRC) to obtain approvals for a parking reduction and an off-street parking agreement with a contiguous property owner. There are two options being proposed for the breakdown of the square footage within the health and fitness club. The TRC's review took place earlier today, and their recommendation will also be finalized by the City Council on October 21. They recommended approving the 20 percent parking reduction (which is up to six on-site parking spaces) and provide five off-site parking spaces through an agreement between Ms. Wildes and the 300 Plaza owner, guaranteeing the availability of the five parking spaces located in their parking lot for as long as they are needed for Ms. Wildes business to meet parking requirements, and that she must maintain at least 20 parking spaces within her parking lot, one of which must be designated handicap. Planning Staff's responses to the applicant's presentation on Consistency with the LDR's per Code of Ordinances Section 70-373(b): (1) The proposed location and site are appropriate for the use as the property is located in the general vicinity of concentrations of governmental and office uses. (2) No specific design efforts are needed since the size and exterior of the existing 7,600 -square foot, one-story, building will not be changed. 488 AGENDA V. PUBLIC HEARING CONTINUED. D. 2. Hear from the Planning Staff, Special Exception Petition No. 14 -008 - SE continued. 3. Hear from the Property Owner or designee/agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a motion to approve or deny petition. OCTOBER 16, 2014 - PLANNING BOARD - PAGE 3 o 13 ACTION DISCUSSION • VOTE (3) Landscaping techniques to visually screen the use from adjacent uses is not necessary since all activities will be conducted indoors. (4) There should not be impacts of any potential hazards, problems, or public nuisance generated by the fitness centers, offices and associated storage. (5) Utilities appear to be adequate and should not result in more than an incremental demand. (6) Demonstrating how the impact of traffic generation will be handled off-site and on-site is addressed two -fold. In addressing the level of traffic, based on the Institute of Traffic Engineers Trip Generation 8th Edition the mix of uses is expected to generate an estimated 17 trips in the evening peak hour. This level of traffic should be easily accommodated on the local roadways. The property does not have the sufficient number of required on-site parking spaces, however, remedies are being addressed by the TRC and City Council, as previously explained. Ms. Wildes accompanied by Mr. Maynard Patterson, were in attendance to respond to any questions or comments. Chairperson Hoover asked whether there were any comments or questions from those in attendance. The matter was advertised as a Public Hearing in the Okeechobee News on September 28 and October 8. Eighteen letters were mailed to surrounding property owners. A sign was posted on the site giving notice of the matter. There were no objections received prior to the meeting, nor any stated at this time. Chairperson Hoover asked Members to disclose for the record whether they had any conversations with individuals in regards to the application, or visited the site. Both Chair Hoover and Member Burroughs disclosed that they discussed the application with Mr. Patterson, and did not have any additional information based on those conversations. Member McCoy disclosed he had a conversation with Ms. Wildes' mother relating to the application, and he did not have any additional information to disclose. This item is under the authority of the Board of Adjustment (BOA), it is required to show their consideration of the following items within Code of Ordinances Section 70-373(c)(1-8), as recommended and based on findings presented by Planning Staff: (1) The use is not contrary to the Comprehensive Plan requirements. (2) The particular use is not specifically authorized yet, although it appears LDR Text Amendment Application No. 14 -001 -TA will be adopted and therefore the use would be authorized. However, any approval will need to be made contingent upon its final adoption. (3) The use will not have an adverse effect on the public interest provided the size of the health and fitness club in conjunction with any other uses proposed for the building, are consistent with the amount of parking provided and in accord with the extent to which the City Council approves the request for off-site parking and parking reduction. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use pattems as the property is located in the general vicinity of concentrations of govemmental and office uses. Although there are residential homes located to the immediate North, the area southward from Northwest 6`h Street is clearly envisioned as a commercial area. OCTOBER 16, 2014. PLANNING BOARD - PAGE 4 OF 13 4 8 9 c AGENDA ACTION - DISCUSSION - VOTE V. PUBLIC HEARING CONTINUED. D. 6. a) Consider a motion to approve or deny petition No. 14 -008 -SE continued. b) Board discussion. c) Vote on motion. A. Application No. 14 -002 -SSA submitted by property owners, Rick and Bonita Lightsey, requesting to change the Future Land Use classification from Single Family to Commercial for Lots 1 to 6 of Block 116, Lots 1 to 3 and 10 to 12 of Block 117, City of Okeechobee subdivision, and an unplatted 0.490 acre parcel, all located in the 600 and 700 blocks between NE 3`d and 4" Streets (Exhibit 1). (5) The use will not adversely affect the property values or living conditions, nor be a deterrent to the development of adjacent property based on the same fiinding for the previous item. (6) The use will not be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. However, it is noted that lively and sometimes loud music is associated with fitness activities, and therefore recommended that the doors and windows facing the residences remain closed during any early morning, evening, and nighttime hours to minimize any potential effects to those residents. (7) Commercial uses of this nature are not an issue with creating a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) Creation of traffic congestion nor compromising traffic safety will be an issue for the proposed use. Further since there were no physical changes to the site or building, the use should not create flooding or drainage problems, or otherwise affect public safety. Motion and second were made by Members Burroughs and McCreary based on Planning Staffs recommendation and findings to approve Petition No. 14 -008 -SE, allowing a Personal Services Use in the form of a Health and Fitness Club, within a CPO Zoning, for Lots 7 to 10 of Block 92, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records (210 Northwest 5th Street), containing approximately 0.642 acres, with the following special conditions: 11) Approval will not be effective until and when Text Amendment No. 14 -002 -TA adding Personal Services to the list of Special Exception Uses in the CPO District is adopted by the City Council: (2) the square footage of the various uses will be consistent with the parking requirement that results from the City Council's actions on the applicant's requests for approval of off-site parking and the parking reduction. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER -YEA BURROUGHS-YEA BAUGHMAN-YEA BRASS - YEA McCoy -YEA MCCREARY - YEA RITTER - YEA CREASMAN - YEA MOTION CARRIED. Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 14 -002 -SSA was submitted by property owners, Rick and Bonita Lightsey, which requests to change the Future Land Use (FLU) classification from Single Family (SF) to Commercial for Lots 1 to 6 of Block 116, Lots 1 to 3 and 10 to 12 of Block 117, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, and an unplatted 0.490 acre parcel, all located in the 600 and 700 blocks between Northeast 3'd and 4' Streets, and totals approximately 2.553 acres. There is a related Rezoning Petition, No. 14-002-R for this property. ADE NDEY T NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me Si 14' day of his , Katrina Elsken Notary Public, State of Florida at Large )/(f AD ANGIE BRIDGES s..ttel MY COMMISSION 0 EE 177653 § EXPIRES: April 20, 2016 ...... Bonded Thal Notary Public Underwriters PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION A QUASI-JUDICIAL PUBLIC HEARING will be held before the Oty of Okeechobee .Board of Adjustment on Thurs, Oct 16, 2014 6 PM or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rio 200, Okeecho- bee, FL. The agenda Is available on the City website: cityofokeechobee.com, or contact the General Services Dept, pbumetteeficityoftkeechobee.com, 863.7633372 x218. Under consideration is Special Exception Petition No. 14-0013-5E, submitted by Donna Wildes d/b/a Beasts and Barbells, LLC, on behalf of property own- er Courthouse Plaza Realty, LLC, to allow Personal Services within a Com- merdal Professional Office (CPO) Zoning District, Ref. Code Book Section 90-223(2). The proposed use Is for a Health and Fitness Club, to be located at 210 NW 500 Street. Legal: Lots 7 to 10 of Block 92, Oty of Okeediobee, Plat Book 5, Page 5, Okeechobee County public records, and approximately 1.0 acres. All members of the public are encouraged to attend and participate In said Hearing. The entire petition may be inspected during regular business hours, Mon-Frl, 8am-4:30pm, except for holidays. This Board serves as the dedslon making body, regarding special exceptions and will function In a manner similar to a court hearing testimony and questioning presenters who provide substantial and competent evidence. ANY PERSON DECIDING TO APPEAL any dedslon made by the Board with respect to any matter considered at this meeting wIfl need to ensure a ver- batim record of the proceeding Is made and the record includes the testimo- ny and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as de- fined by the ADA, that needs spedal accommodation to partidpate In this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you Intend to show any document, picture, video or Items to the Board In support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the Otys records. By:Brian Whitehall, Zoning Administrator, Petition No, 14 -008 -SE 45752708 10/1,8/2014 'pyx tYAI�. AOAP' dip :, _n r• .a„ City of Okeechobee Wildes, dba Beasts & Barbells, LLC -008 -SE Inc. 64%. orgif Report Exception for: The Donna No.: 14 ,3c Management Services, 40114 i' !� 1111111 MD *Sb Staff Special Prepared Applicant: Petition 111;:•P i.v1Planning '. >. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239-334-3366 Local Governments Since 1988 Serving Florida Staff Report Special Exception Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14 -008 -SE General Information Owner..___.._..._ Owner Address Applicant Applicant Address € Courthouse Plaza Realty, LLC 5000 SW 70th Avenue, Davie, FL 33314 ' Donna Wildes, dba Beasts Barbells LLC 1647 SW 22nd Terr., Okeechobee, FL 34974 Site Address 210NW'6th *Street Contact Person Donna Wildes [ Contact Phone Number F863-634-3023 ,.....:____._..__..... __.._ .__ ._m_._..... E-mail Address CEO@laurelpointe.net Legal Description of Subject Property- Legal: roperty Legal: Lots 7, 8, 9 and 10 Block 92, Okeechobee, Florida Location: 210 NW 5th Street, Okeechobee, FL Parcel Identification Number: 3-15-37-35-0010-00920-0070 Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for a fitness center on the property located at 210 NW 5th Street in the CPO Zoning District. The property consists of 0.642 acres. Description of the Situation. The Applicant is proposing to operate a fitness center providing 24-hour gym access for its members. Services will also include child care for the children of parents during their workout. The fitness center will offer nutritional guidance and certified personal trainers. Discounted memberships will be available to County, City and educational employees, students and the military. In addition to the fitness center, a portion of the 7,600 square foot building will be used for associated storage. At this time, a fitness center is neither a permitted nor an allowable Special Exception use in the CPO District. 11111'.1 1 Serving Florida local Governments Since 1988 1 Staff Report Special Exception Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14 -008 -SE To address this situation, Ms. Wildes has also requested a text amendment to the City's LDC to include "personal services" as a Special Exception use in the CPO District. A health club/fitness center qualifies as a personal service. The second reading of the amendment will be held at the City Council meeting on October 21St. If this Special Exception request is approved by the Board of Adjustment, it will become effective only if the pending amendment to the LDC is approved by the City Council at second reading. In addition, Ms. Wildes has applied for approval of off-site parking, and a parking reduction based upon there being surplus on -street parking in the immediate vicinity of the proposed fitness center. If this Special Exception request is approved by the Board of Adjustment, the square footage of the various uses will be dependent upon the extent to which the Applicant's requests for approval of off-site parking and the parking reduction are recommended by the TRC and approved by the City Council. The mix of uses that are likely to be consistent with one or another of the possible City Council approvals are presented in the following table. Alternative 1 Alternative 2 Alternative 3 4,000 sf fitness center 4,000 sf fitness center 3,450 sf fitness center 2,400 sf of office space 1,500 sf of office space 600 sf of office space 346 sf of storage space. 1,246 sf of storage space. 2,696 sf of storage space. Basic Site Characteristics Existing Future Land Use Commercial Zoning District CPO Use of Property Land Area Vacant, former office building 0.642 acres Serving Florida Local Governments Since 1988 Proposed Commercial CPO Fitness Center, office use and associated storage 0.642 acres 2 Staff Report Special Exception Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14 -008 -SE Adjacent FLUM Classifications, Zoning Districts, and Existing Land Use North I [Future Land Use rZoning,District [Existing Land_Use Future Land Use East Zoning District Existing Land Use fFuture Land Use ;_Zoning District Existing,Land Use Future Land Use West Zoning District Existing Land Use i South [ Single -Family CPO Two single-family~resiidences Commercial CPO Offices Public [North 1/3rd CPO; balance PUB [North 1/3rd vacant, balance County offices Commercial CPO Offices Consistency with Land Development Regulations: Section 70-373(b)= Section 70-373(b) requires that the Applicant address, during his/her presentation to the Board of Adjustment, the following standards for granting a Special Exception. The Applicant has submitted, as part of the submission, brief statements and information 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. "Beasts & Barbells, LLC's goal is to provide a convenient center with 24 hour access of fitness services that will allow a more healthy community for its residents and surround- ing business employees. The surrounding public includes employees of the Okeechobee County Courthouse, Okeechobee County Sherriffs Department, Okeechobee County Fire Department, local attorney offices, Okeechobee County Property Appraiser/Tax Collec- tor's office. The proposed location would allow the surrounding employees to obtain the services of the fitness center before work, lunch break and after work." We agree that the location and site are appropriate for the use. The prop- erty is located in the general vicinity of concentrations of governmental and office uses. While single-family homes are located on the two lots to the immediate north of the subject property, the area southward from NW 6th Street is clearly envisioned as a commercial area supporting the exten- sive public uses in the general vicinity. Serving Florida Local Governments Since 1988 3 Staff Report Special Exception Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14 -008 -SE (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "The proposed location of the fitness center will not require any specific design changes that would affect the public. The building is a single story design with 4000 sq ft floor space in which adequately meets the needs of the business and the public." (3) The primary purpose of this standard is to ensure that the use, structures, and arrangement of structures are such that they are not uncharacteristi- cally high, or perhaps overly massive with respect to nearby uses. Since the size and exterior of the existing 7,600 square foot, one-story, building will not be changed, no specific design efforts will be necessary. Demonstrate any landscaping techniques to visually screen the use from adja- cent uses; or explain why no visual screening is necessary. "The proposed location is currently in compliance with the landscaping ordinances. Visual screening is not necessary for the fitness center. All services will be provided and con- ducted inside the building and will not have any visual effects on the public or surround- ing businesses." Since there will be no changes to the building or the lot and all activities will be conducted indoors, we agree that no special visual screening will be necessary (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "The planned use will not create any public nuisance, problems or hazards for the public or surrounding businesses. All services provided by the fitness center will be conducted inside the building." We agree there should be no potential hazards associated with the use of the building for a fitness center, offices, and associated storage. Serving Florida Local Governments Since 1988 4 Staff Report Special Exception Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14 -008 -SE (5) Demonstrate how the utilities and other service requirements of the use can be met. "All required utilities and other services will be handled directly by the owner and licensed vendors based on the need of the business and customers. Water and sewer will be maintained by OUA; electrical services by FPL and all lawn maintenance will be conducted by Precise Property Management Services, LLC." We agree that utilities are available and the mix of uses should not result in more than an incremental demand upon utility services. (6) Demonstrate how the impact of traffic generation will be handled off site and on-site. "The proposed location currently has 20 parking spaces onsite and has a shared parking agreement with the 300 plaza for overflow parking. The location of the fitness center is in close proximity to concentrations of office workers and public service employees can reduce traffic congestion and reduce travel time for services by employees before and after work and at lunchtime.." The existing structure on the property encompasses a total of 7,600 square feet of floor space. According to the 8th Edition of the Institute of Traffic Engineers (ITE) Trip Generation, a health/fitness club can be expected to generate 3.53 trips per 1,000 square feet of floor area and offices would generate 1.49. The most intense mix of uses proposed by the Applicant would involve a 4,000 square foot fitness center and 2,400 square feet of office space, with the balance being used for storage. This mix of uses could be expected to generate about 17 trips in the PM peak hour. This level of traffic should be easily accommodated on the local roadway network. The provision of adequate parking has, however, been recognized as a potential problem. It was previously stated that Ms. Wildes has applied for approval of off-site parking, and a parking reduction based upon there being surplus on -street parking in the immediate vicinity of the proposed fitness center. If the Special Exception request is approved by the Board of Adjustment, the square footage of the various uses will be dependent upon the extent to which the Applicant's requests for approval of off-site parking and the parking reduction are recommended by the TRC and approved by the City Council. NIL Ls:Ithil hd, j Serving Florida Local Governments Since 1988 5 Staff Report Special Exception Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14 -008 -SE Consistency. with Land Development Regulations: Section 70.373(c)(1). — (8) When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70-373(c)(1)-(8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "No." We agree. A fitness center is a commercial use contemplated within the Commercial Future Land Use Category. (2) The use is specifically authorized as a special exception use in the zoning district. (3) "Yes." Not yet. A text amendment adding "Personal services" to the list of Special Exception Uses in the CPO District will be heard at Second Read- ing by the City Council on October 21St. Since a fitness center is one of the uses contemplated in the definition of personal services, it would be authorized as a Special Exception if the amendment is adopted by the City Council. Therefore, any approval of the Special Exception must be conditioned on the adoption of the aforementioned text amendment. The use will not have an adverse effect on the public interest. "No. ,, We agree that the use will not have an adverse effect on the public interest, provided the size of the fitness center in conjunction with any other uses proposed for the building, are consistent with the amount of parking provided in accord with the extent to which the City Council approves the requests for off-site parking and the parking reduction. Serving Florida Local Governments Since 1988 6 Staff Report Special Exception Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14 -008 -SE (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. (5) "Yes." We agree that the location and site are appropriate for the use. The prop- erty is located in the general vicinity of concentrations of governmental and office uses. While single-family homes are located on the two lots to the immediate north of the subject property, the area southward from NW 6th Street is clearly envisioned as a commercial area supporting the exten- sive public uses in the general vicinity. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The proposed change will not adversely affect the property values or living conditions." We agree that development of the property as a combination of fitness center and offices will not adversely affect property values. Despite the location of single-family homes immediately to the north, the area is clearly intended for commercial uses supporting the nearby concentration of government uses. All activities associated with the fitness center will be located within the building and should have no effect upon the nearby residential uses. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "N/A" We agree. There should be no potential hazards associated with the oper- ation of a fitness center within the existing building. Recognizing that lively and sometimes loud music is sometimes associated with fitness activities, we would recommend that doors and windows facing the resi- dential uses to the north remain closed during early morning, evening and nighttime hours to minimize effects upon those residents. 'rd.& I Serving Florida Local Governments Since 1988 7 Staff Report Special Exception Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14 -008 -SE (7) The use will not create a density pattern that will overburden public facili- ties such as schools, streets, and utility services. "N/A" Density is not an issue with a commercial use and the proposed fitness center, while it may increase traffic in the immediate area, should not have a significant negative effect upon public services or facilities. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "N/A. Will reduce traffic congestion. Flooding/drainage are not applicable." Neither will traffic congestion be significantly increased nor traffic safety be compromised by the operation of a fitness center at the proposed location. Because there will be no physical changes to the lot or building, the change in the use will not result in flooding or drainage problems. Based upon the foregoing analysis and findings, Staff recommends approval of Petition Number 14 -008 -SE, with the following conditions: 1. The approval will not become effective until and when the text amendment to the City's LDC adding "personal services" to the list of Special Exception uses in the CPO District is approved by City Council. 2. The square footage of the various uses will be consistent with the parking require- ment that results from the City Council's actions on the Applicant's requests for approval of off-site parking and the parking reduction. Serving Florida Local Governments Since 1988 8 Staff Report Special Exception Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14 -008 -SE Submitted by: G� Wm. F. Brisson, AICP Planning Consultant October 10, 2014 Board of Adjustment Hearing: October 16, 2014 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses e. SIL111111111k 1 Serving Florida Local Governments Since 1988 9 Staff Report Special Exception Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14 -008 -SE - FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS 60 . ith St. Subject Property 95 104 r. -o 107 z COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY El"; MULTI - FAMILY COMMERCIAL Li INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE a.• Serving Florida Local Governments Since 1988 rE 125 1----1 241 11- 123 140 57 II I 90 E -g 109 NE 41 w-22- 10 Staff Report Special Exception Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14 -008 -SE 61 ZONING MAP SUBJECT SITE AND ENVIRONS 60 NW 7th -St. EL 95 104 Subject Property g4 6 ZONING ceD-covv EUSINESS DISTRICT CHV- HEAVY COMMERCIAL CO'. LIGHT COMMERCIAL CDO - COMM PROFESSIONAL OFFICE //„. H-MOL.OING IND - INDUSTRIAL PUB PUELIC FACILITIES PUD -MIXED PLID-R CD RVP RESIDENTIAL MULTIFAMILY EMM - RESIDENTIAL MOEILE HOME RSF1 - RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY (2' 123 Serving Florida Local Go % ernments Since 198S 90 -NE 5ti- 109 NE -4At- 11 Staff Report Special Exception Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14 -008 -SE Ilk III E Serving Florida Local Governments Since 1988 12 Staff Report Special Exception Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14 -008 -SE AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES R ,-,;;. • .z • . .."1",;� �_,__„� � 1:... 9.+ ilii r. ' a. : rr:? Sering Florida Local Governments Since 1988 Patty Burnette From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Saturday, October 11, 2014 4:20 PM To: Laurelpointe CEO (CEO@laurelpointe.net) Subject: Planning Board meeting 10/16/14 Attachments: Agenda October 2014.pdf; 14 -008 -SE Staff Rpt Beasts Barbells.pdf • Hi Donna. Please be advised that the Board of Adjustments and Appeals of the City of Okeechobee will be considering your Special Exception Petition No. 14 -008 -SE, to allow personal services within a Commercial Professional Office Zoning District (Ref. Code Sec. 90-223 (2)) located at 210 NW 5t" Street for the proposed use of a Health and Fitness Center on Thursday, October 16, 2014 at 6:00 p.m., at City Hall, Council Chambers, Room 200. A copy of the Agenda and Planning Staff Report are attached. Please be sure to review these documents prior to the meeting. Contact me with any questions. Should you, or a representative, not be able to attend this meeting, please let me know. Thank You, Patty Path M. Burnette General Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, AFL 34974 Teh 863-763-3372 ext.218 Tax: 863-763-1686 e-mail: y6urnette@cityofokeecho6ee.com website: www.cityofofeecho6ee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 CITY OF OICEEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING/SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): 14-00a - S E Date of 1St Public Hearing: 10 - Address 0 - Address of subject property (or Legal if no address): 10 1\)L0 5fh S4 v' -e,(-+ I, ,tt/Ij 1+1 , hereby certify that I posted the "Notice of Public Hearing" sign in accordance with the pbove instructions on ( 0-1-1 ut , and will remove sign on Signature: STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was ale?owledged before me this Date: /U ] —) )sl- 6e/14w-10w/by lata Rtlat who is personally known to me _ or produced as identification. • bitunac (signature) Print, type or stamp name of Notary SEAL: Ayr P% Notary Public State of Florida : Patty M Bumette v My Commission EE 218356 ,fa'Expires 10/02/2016 NOTICE OF PUBLIC HEARING SPECIAL EXCEPTION PETITION N0. 14 -008 -SE DATE: OCT 16, 2014, 6 PM, AT CITY HALL PURPOSE: TO ALLOW PERSONAL SERVICES IN A CPO ZONING DISTRICT ON THIS SITE APPLICANT: DONNA WILDES D/B/A BEASTS & BARBELLS, LLC. PROPERTY OWNER: COURTHOUSE PLAZA REALTY, LLC. FURTHER INFORMATION CONTACT: General Services Dept, 863.763.3372, Ext 218 55 SE 3rd Ave, Okeechobee, FL 34974 City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 218 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: October 1, 2014 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 14 -008 -SE to allow Personal Services within a Commercial Professional Office (CPO) Zoning District, (Ref. Code Sec. 90-223 (2)) for the purposed use of a Health and Fitness Club located at 210 NW 5th Street. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, October 16, 2014, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette@cityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 218 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: October 1, 2014 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 14 -008 -SE to allow Personal Services within a Commercial Professional Office (CPO) Zoning District, (Ref. Code Sec. 90-223 (2)) for the purposed use of a Health and Fitness Club located at 210 NW 51h Street. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, October 16, 2014, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette@cityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator 7-riu°v-d Fred and Chris Kight 371 4th Street NE Naples, FL 34120 SEB 500 LLC 105 NW 6th St. Okeechobee, FL 34972 Richard Laskey Sr. & Sandra H. Laskey Trustees 1935 SE 31St St. Okeechobee, FL 34974 Okeechobee Soil & Conservation 452 Hwy 98 N Okeechobee, FL 34972 J. Neal & Linda Lee Wright 307 NW Sth St. Okeechobee, FL 34972 Okeechobee County Historic Courthouse 304 NW 2nd St. RM 123 Okeechobee, FL 34972 JBASS Properties LLC 2801 SW 3rd Terrace Okeechobee, FL 34974 Joy D. Worley Revocable Trust 395 SW 28th Terrace Okeechobee, FL 34974 Baldemar & Maria Medrano 817 SE 38th Ave. Okeechobee, FL 34974 Williamson Cattle Co. 9050 NE 12th Dr. Okeechobee, FL 34972 Wes Harvin Sr. & Kay ETAL 900 E Ocean Blvd Suite 210B Stuart, FL 34994 K&V Land Company 490 NE 138th St. Okeechobee, FL 34972 Dag International Group LLC 12414 Hwy 441 N Okeechobee, FL 34972 Beatrice Castorina ETAL 106 NW 5th St. Okeechobee, FL 34972 RE Hamrick Trust HG Culbreth P.O. Box 848 Okeechobee, FL 34973 Deborah D. Conner 485 SE 31st Way Melrose, FL 32666 Wayne H. Sr. & T. Fulford 4600 SW 16th St. Okeechobee, FL 34974 Deborah Wright P.O. Box 690152 Vero Beach, FL 32969 PARCEL NUMBER \.,3 3-15-37-35-0010-00740-0100 3-15-37-35-0010-00740-0110 3-15-37-35-0010-00750-0070 -15-37-35-0010-00750-0090 3-15-37-35-0010-00750-0100 3-15-37-35-0010-00760-0100 3-15-37-35-0010-00910-0070 3-15-37-35-0010-00910-0100 3-15-37-35-0010-00910-0110 3-15-37-35-0010-00920-0010 3-15-37-35-0010-00920-0040 3- OWNER_NAME KIGHT FRED & KIGHT CHRIS KIGHT FRED & KIGHT CHRIS KIGHT FRED & KIGHT CHRIS KIGHT FRED & KIGHT CHRIS JBASS PROPERTIES LLC DAG INTERNATIONAL GROUP LLC SEB 500 LLC JOY D WORLEY REVOCABLE TRUST CASTORINA BEATRICE, ETAL LASKEY RICHARD J SR & MEDRANO BALDEMAR & MARIA D 3-15-37-35-0010-00920-00A0 3-15-37-35-0010-00920-0110 3-15-37-35-0010-00930-0010 3-15-37-35-0010-01060-0010 3-15-37-35-0010-01060-0040 3-15-37-35-0010-01060-0090 3-15-37-35-0010-01060-0110 3-15-37-35-0010-01070-0070 3-15-37-35-0010-01080-0070 3-15-37-35-0010-01080-0100 Nieed laloe(S li-}-ODB-SC- HAMRICK R E TRUST OKEECHOBEE SOIL & CONSERVATION WILLIAMSON CATTLE COMPANY CONNER DEBORAH D WRIGHT J NEAL & LINDA LEE HARVIN WES SR & KAY, ETAL. FULFORD WAYNE H SR & FULFORD T OKEECHOBEE COUNTY K & V LAND COMPANY WRIGHT DEBORAH Doi, ncL INI 1 I d s d I b/ e -1-s : Bar e r Is, uC ADDRESS_1 371 4TH ST NE 371 4TH ST NE 371 4TH ST NE 371 4TH ST NE 2801 SW 3RD TERRACE 12414 HWY 441 N 105 NW 6TH ST 395 SW 28TH TERRACE 106 NW 5TH ST LASKEY SANDRA H TRUSTEES 817 SE 38TH AVE 5000 SW 70TH AVE %H G CULBRETH 452 HWY 98 N 9050 NE 12TH DR 485 SE 31ST WAY 307 NW 5TH ST 900 E OCEAN BLVD STE 210B 4600 SW 16TH ST $o�{AN) 3nDs7#ivToCovcr us6 490 NE 138TH ST PO BOX 690152 ADDRESS_2 1935 SE 31ST ST P 0 BOX 848 Act 1 CITY NAME NAPLES NAPLES NAPLES NAPLES OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEEE OKEECHOBEE OKEECHOBEE OKEECHOBEE DAVIE OKEECHOBEE OKEECHOBEE OKEECHOBEE MELROSE OKEECHOBEE STUART OKEECHOBEE OKEECHOBEE VERO BEACH ST ZIPCODE FL 34120 FL 34120 FL 34120 FL 34120 FL 34974 FL 34972 FL 34972 FL 34974 FL 34972 FL 349740000 FL 349740000 FL 33314 FL 349730848 FL 34972 FL 349720000 FL 326660000 FL 349720000 FL 34994 FL 349740000 347 7-0 FL 34972 FL 32969 N2 38754 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763.3372 • /G" 20 % 'f RECEIVED from K %l . (A)1 A- W liLLLA,i64440 baa/ °Lib Dollars 100 6Pe(3 1`4i Lxc.�4)i rd(kI 1L4 o, -S� CLERK $ .)(). ao Q l 3t() Patty Burnette From: India Riedel <iriedel@cityofokeechobee.com> Sent: Tuesday, September 30, 2014 10:26 AM To: 'Brian Whitehall' Cc: 'Robin Brock'; 'Patty Bumette; India Riedel, Finance Director Subject: RE: Wildes Brian, Would there be a problem issuing a refund check to Ms. Wildes today for the $500.00 and then when/if she submits a request for Special Exception she would pay the $500.00? India From: Brian Whitehall[mailto:bwhitehallPcityofokeechobee.com] Sent: Tuesday, September 30, 2014 10:10 AM To: India Riedel Cc: Robin Brock ; Patty Burnette Subject: FW: Wildes India - 1 rec'd a call from T Burroughs and this email fr Dawn discussing the fee the City charged for the LDR change requested by D Wildes. It involves adding 'personal services' to the Commercial Prof Office category. Bill and I both recommended the change and the Board approved it by virtue of a Special Exception w/in that zoning category. A year or two ago, as Dawn indicated below, staff deliberated the matter and I believe she's correct that we would've taken it to the Planning Board with a variety of issues, but it hasn't made it there yet. As a consequence of that the fee assessed for the LDR change mentioned above will be abated. Ms. Wildes will be applying for a Sp Exc in the near future and that fee will be $500. Patty and I discussed the fee abatement and reassessment (they're both $500). You and I should discuss the mechanics of same and, of course it couldn't have happened at a worse time. Thanks BLV From: Dawn Hoover [mailto:jadthooverftgmail.com] Sent: Friday, September 26, 2014 8:34 AM To: Brian Whitehall Subject: Wildes Brian - Since obviously you have been busy and not able to call I figured I would write an email (sometimes they are easier to get to). I do not think it was right for Donna Wildes to pay $500.00 to bring the matter of adding personal services to CPO as a special exception use. If you remember, I brought this to the attention of the City probably 1 1/2 - 2 years ago. We talked about doing it and I was advised that it would be put on the huge list of items that needed to be addressed. It is not right for an applicant to pay for something that I asked to be added to our list of items to address. Now they will have to come before the planning board again, paying more money, in order to get the special exception, if it is allowed by City Council. I would appreciate your thoughts....Thank you. 1