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14-005 SE Hendersone51�9 -tb3tLI City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax (863),,763 -1686 Date: 7 -8.- 14 Petition No. 11+ -005 -S E Fee Paid: 500,u ekit wag Jurisdiction: ' ®A- 1st Hearing: 8ya I -i t4 2nd Hearing: Publication Dates: Az 4 (6) l z Notices Mailed: e i , I l +,( Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): CSW 13, LLC. 2 Owner mailing address: 1080 SE 23rd Street, Okeechobee, FL 34974 3 Name of applicant(s) if other than owner Tammie Henderson d /b /a Lil School Beneath the Pine 4 Applicant mailing address: 215 NE 11th Street, Apt. 15, Okeechobee, FL 34972 4a e-mai address: "fa m en le h e'n d P rSo n a 11 ve • Conn k-6 Name of contact person (state relationship): Tammie Anita Henderson, Co -owner of Lil School 6 7 Contalct Property ;.{arPrl person daytime phone(s): 772- 453 -3392 Beneath thE INFORMATION address /directions to property: 1811 SW 2nd Avenue, Okeechobee, FL 34974 G i N e i �le.al - OW • eom (st -of pQA-) Descr�be 8 current use of property: VACANT Describe 2 structures 9 Source improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. formerly used as private daycare; also fenced playground of potable water: City Method of sewage disposal: City 10 Apprcx. acreage: .50 acres Is property in a platted subdivision? YES Is thee 11 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? YES Describe 13 North v Soutry: uses on adjoining property to the North: Living Word of Faith and Residential vast: Commercial Pritchards) Residential VWest: Residential 14 Existilig zoning: CPO Future Land Use classification Commercial Have 15 property? Approx there been any prior rezoning, ( ) No ( X) Yes. special exception, variance, or site plan approvals on the If yes provide date, petition number and nature of approval. as a daycare early 1990's for use 16 Request is for: ( ) Rezone ( X) Special Exception ( ) Variance 17 Parc�l Identification Number: 3- 28- 37 -35- 0050 - 00350 -0110 and 3- 28- 37 -35- 0050 - 00400 -007( (Rev 01/12) Page 1 of 11 Processed C &M: 7/8/14 e Pines Confirmation of Information Accuracy 1 hereby ce ify that the information in this application is correct. The information included in this application is for use byte City of Okeechobee in processing my request. False or misleading information may be punishable y a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date IC. _. Tammie Anita Henderson d /b /a at riktiZ V4, enCialL Lil School Beneath the Pines For quest ns relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 Processed C &M: 7/8/14 REQUIRED ATTACHMENTS 18 Applipant=s Applicant statement of interest in property: is a Co- purchaser on a pending Real Estate Purchase Contract 19 Non - Variahce: Note When established the applicant refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; $500 Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B the cost for advertising publishing and mailing notices of public hearings exceeds the fee, or when a professional consultant is hired to advise the city on the application, 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 a. certified b. L c. (Computation property surveys (one no larger than 11# x 170 containing: boundary survey, date of survey, surveyor-s name, address and phone number eg al description of property pertaining to the application 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 AffidSvit 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 1 hereby ce ify that the information in this application is correct. The information included in this application is for use byte City of Okeechobee in processing my request. False or misleading information may be punishable y a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date IC. _. Tammie Anita Henderson d /b /a at riktiZ V4, enCialL Lil School Beneath the Pines For quest ns relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 Processed C &M: 7/8/14 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: 0' A 3 (I) �( �J To allow the property to be used as a daycare facility. Dc,i cic.re.. Cotlttc B Are there similar uses in the area? No (_) Yes If yes, briefly describe them: c If a business, conducted Friday fences briefly describe the nature of the business, number of employees, hours of operation, and any activities to be outside of a building: Daycare facility during the hours of 6am to 6pm Monday thru There will be 10 employees. Children will be mainly indoors, but will play in the area playground at various times during the day. D Attach a exception similar use identify trips, an Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must a number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour level of service on all adjacent roadway links with and without the project. E Respons as neces$ary. s addressing the standards and required findings for a special exception as described below. Attach additional sheets STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:19] Applicants re 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. Demo to that the proposed location and site are appropriate for the use. The roposed location was previously used as a daycare facility and remains in a cond tion that would allow for the same use currently. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. The roposed property is constructed in a way that matches the surrounding area and that allow the property to be used as a childcare facility with no special design efforts repu red. 3. Demon rate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screens g is necessary. The roperty currently has fencing in place that will protect the children while they are on the playground. No use of the property would require additional visual screening. 4. Demon ate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; r explain how the nature of the use creates no such potential problems. Ther are currently large circle driveways located on the property that will eliminate (or substantially reduce) cars rom parking and /or idling on the road while dropping off and picking up children. There is currently a parking lot located on the property to allow for employee parking. 5. Demonstrate how the utilities and other service requirements of the use can be met. Utilities and power lines have already been established at the property and were previously in use. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. Pleas refer to Question 4. (Rev 11/12) Page 8 of 11 Processed C &M: 7/8/14 fee OfacFa 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 i$ 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 detrim'ntal to urbanizing land use patterns. 5. The adjace 6. The adj ace 7. The service 8. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of pt property. use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to it uses. use will not create a density pattern that will overburden public facilities such as schools, streets, and utility s. use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The City st ff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the bove 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)1 (Rev 01/12) Page 9 of l 1 Processed C &M: 7/8/14 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION (Page 9 of 11) Applicant, Tammie A. Henderson (together with a partner), is in the process of purchasing the property located at 1811 SW 2nd Avenue, Okeechobee, Florida (the "Property "). Applicant wants to re- establish a daycare facility at the Property, which was the prior use of the Property. Applicant understands the need for daycare in our community and wants to operate a daycare facility at this Property. 1. The Com Property is in the Commercial Future Land Use classification and is consistent with the prehensive Plan requirements. 2. The .Ise 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. Bec use of such commercial use nearby, the daycare use is consistent with the overall mixed use area and would not have an adverse effect on the public interest. 4. The property previously functioned as a daycare. Although exact dates cannot be supplied, it is estiMated that such use continued for at least 15 years. The Property is in an area of mixed use (see answer #3 for more details). Therefore, the use of this Property as a daycare is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. 5. The Property previously functioned as a daycare and there does not appear to have been any adverse effect upon property values or living conditions in the area. Further, there does not appear that there was any deterrent to the development of adjacent property. 6. The daycare use should not pose a nuisance or hazard to adjacent uses. The children will be inside the facility for the majority of the day, with short outside play times. The area where the children will play is fenced, and therefore they will not be entering upon adjacent property and will not e 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 fenc ng. 7 There will be some traffic at drop off and pick up, but it will not be extreme. There is a paved circular drive in front of northernmost building and an unpaved circular drive in front of the southernmost building, that will eliminate (or substantially reduce) cars from parking and /or idling on the road during these times. 8. It is not anticipated that re- establishing this daycare use would create traffic congestion, flooding or drainage problems, or otherwise affect public safety. There will be some traffic at drop off and pick up, but it will not enough to cause traffic congestion. No outdoor construction is anticipated at this time and therefore, re- establishing this use should not cause flooding or drainage problems. Providing a daycare facility for the community will actually help families to keep their young children safe and cared -for, rather than cause public safety problems. [7738 - 172244. WPD] 2014 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L13000101792 Entity Name: CSW 13, L.L.C. Current Principal Place of Business: 1080 S.E. 23RD STREET OKEECHOBEE, FL 34974 Current Mailing Address: 1080 S.E. 23RD STREET OKEECHOBEE, FL 34974 US FEI Number: 46- 3209587 Name and Addrss of Current Registered Agent: WORD, CARROL 1080 S.E. 23RD STREET OKEECHOBEE, FL 34974 US FILED Jan 09, 2014 Secretary of State CC3320068475 Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Elbctronic Signature of Registered Agent Authorized Persbn(s) Detail : Title MGFkM Name Address City- State -Zip: WORD, CARROL 1080 S.E. 23RD STREET OKFIECHOBEE FL 34974 Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing Member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: CARROL WORD MANAGER 01/09/2014 Electronic Signature of Signing Authorized Person(s) Detail Date *1- I5 Rtzon - 1025180 Commcia) 5 l'CLUT n'qle -ratio tf:i 8q3 Speeia_i ExeLption - P40144 qq-L//44-3 allow ct. Car e. cep k / cicul Ca cc-- Pre. - S6r)ool 1 e Vari calub - 7136,1614- qi1-13a-V -Am reciu_t_ted, 1+/S ge.SICknhil--1 Si n 4i6/1i13 -fb COOlnierNai ig\/q/6-/ 07-0/4R lynJ r-nr Lirt yrn yLOJ 46 ow) frie, ro j CO:1'02, -f 2O 1111111111111111111111111111111111111111 FILE NUM 2013008354 OR BK 734 PG 1856 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 08/14/2013 02:14:15 PM AMT $80,000.00 RECORDING FEES $35.50 DEED DOC $560.00 RECORDED BY M Pinon P9s 1856 — 18591 (4 P95) SPECIAL WARRANTY DEED THI+ij STATE OF FLORIDA COUNTY OF OKEECHOBEE § KNOW ALL MEN BY THESE PRESENTS THAT, UPS CAPITAL BUSINESS CREDIT, a Connecticut state - chartered bank ( "Grantor "), for and in consi• - _ ', of the sum of Ten and No /100 Dollars ($10.00) cash in hand paid by CSW 13, L.L.C., : ori•: limited liability company (the "Grantee "), with an address of 805 SE 3`d Court, Oke- • - -, FL 34974, has GRANTED, BARGAINED, SOLD, and CONVEYED, and by these p e �; •oes GRANT, BARGAIN, SELL, and CONVEY unto Grantee, the real property mot.- le art . . ly described on Exhibit "A" attached hereto, together with all rights, appurtenants, and ' • -'' - 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 Gra #tee in its present condition, "AS IS, WITH ALL FAULTS, AND WITHOUT ANY WA NTY WHATSOEVER, EXPRESS OR IMPLIED" and specifically subject to any exis ng damage to the Property or any improvements located thereon and without any obli ation 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 EXBCUTED to be effective}' /lL , 2013. WI1NESSES: GRANTOR: UPS CAPITAL BUSINESS CREDIT a Connecticut state - chartered bank THE STATE OF (r'ervnec4 COUINTY OF l r +-Gerd This instrument was acknowle 2013 by btuvid W. S"�• CAP,TTAL BUSINESS CREDI , : Te My Commission Expires: MAPS N ?AY PUCK OF OLDIN C ONN1C1iC11 lr t ISStoN EXP1 g SEPTEMBER 3o,200 B Name: Ravi d X11 SA p.1-0 Title: SR Accov&ITUN6 14.40 to pc ere emeonthis 1 day of tky, s-F as 5f. ACCothytjr talc.- of UPS state- chartered bank, on"behalf of said bank. SPECIAL WARRANTY DEED 2 Notary Public, State of SHARI L. OLDEN ,1OTARY��PppU��BLIC OF CONNECTICUT (Print/Type a Name of 1 Y EHISSION EXPIRES MBER 30, 2013 Book734 /Page1857 CFN #2013008354 Page 2 of 4 EXHIBIT "A" THE PROPERTY 7 AND THE NORTH 1/2 OF LOT 8, BLOCK 40, FIRST ADDITION TO SOUTH O CHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED 1N PLAT B OK 1, PAGE(S) 17. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. 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 (5v' DP) 13) EXHIBIT "A" 1 Book734 /Page1858 CFN #2013008354 Page 3 of 4 EXHIBIT "B" PERMITTED EXCEPTIONS Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrj.isions, or any overlapping of improvements. Stan by fees, taxes and assessments by any taxing authority for the year 201_, and subsequent year 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 rncroachment, encum + e, iolation, variation, or adverse circumstance affecting the title that Would be disclosed by an a yr• d complete land survey of the land. Oil, gas, and other minerals o "M 1 and character, in, on, and under the property herein described. The right to use the surface estate %ar- iii ' - and egress and/or any other right or privilege incidnt to the ownership of the min al es 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:\Rea; EstateUJP13 \UPS.Sale181 lSW2ndAve. Okeechobee.FL.10141Deed.001.DOC EXIIli3rf "B" 1 Book734 /Page1859 CFN #2013008354 Page 4 of 4 City of Okeechobee 55 SE 3" Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTORNEY Name of Prroperty Owner(s): CSW 13, LLC. Mailing A dress: 1080 SE 23rd Street Okeechobee, FL 34974 Home Telephone: Work: Cell: Property Address: 1811 SW 2nd Avenue, Okeechobee, FL 34974 Parcel ID ]•umber: 3- 28- 37 -35- 0050 - 00350 -0110 & 3- 28- 37 -35- 0050 - 00400 -0070 Name of Applicant: Lil School Beneath The Pines Home Telephone: Work: Cell: 772 - 453 -3392 The undersigned, applicant stated land use of or variances, restrictions may result classification. effective upon being the record title owner(s) of the real property described above, do hereby grant unto the above the full right and power of attorney to make application to the City of Okeechobee to change the said property. This land use change may include rezoning of the property, the granting of special exception and appeals of decisions of the Planning Department. It is understood that conditions, limitations and may be place upon the use or operation of the property. Misstatements upon application or in any hearing n the termination of any special exception or variance and a proceeding to rezone the property to the original This power of attorney may be terminated only by a written and notarized statement of such termination receipt by the Planning Department. IN WITH DAY OF i W REOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS 201 L". ' h-. 1.-v X1-0 JC W- -1.. -� / OWNER W ESS 'i i , v-, % m ,a, C� Before me acknowled power of a Notary Publi"6: Commission OWNER WITNESS i he undersigned authority personally appeared the owner(s) named above who upon being duly sworn ed before me that they are the owner(s) of the real property described above . : that they executed the orney for the purpose stated therein. Sworn and subscribed this 61 day o , {-I' 20/4-./ ,pry i( s i) ' }-Ytli )'),� �, Notary Public State of Florida ` Sarin Ammons EE 119767 wnv ornrn+ssion C Expires < ,;r es 08 /0712 01 5 (Rev 01/12) Page 5 of 11 4ij N011d /8,9S30 `444.46. cocanc 000-o 0000 Z Z > 00> » in oo 033)0 CC < < C (3) 13 0 H rn 4"r1 mmmm r- r- r- F mmmm 33_ 34J (/' 0 o »» > > M M M 30 3511 33IS110X3 3H1 603 0321Vd3dd E/P 071 ..-...---- -0 11 > r- 0 -- r > 000 m • P1 m • .34) - 0 0 0 ('1 M M CO 0 -I 4-11 0 -±4 1:1 r>, .,-4 2 m• •-,--, _, m ni LI) , ,-- .' • 0 K -4 Fri tn 0 35 81 0 m 0 z o - r- ON[ (i) co 0 cn • , > ,, r 7J ci, -0 PI z Z 8 , m ,- _., , NJ 4,-) - 0 0 , -,-, r- ,-- cn m > -< m Cn c o 0 )--- co o -) 04 -,1 0 (/) = r-- Fl Z n 0 Z ---4 0 0 0 z , 0 0 ✓ In Z 0 z .__, 1.4 4- 03 N o 0 o z o , m rr, 0 i-I1 N Z pi 012,1___M(1) CU (-44 rn CA • • M 2 Cn 0 ,....4 Z 0 = rn -4 -, N I OR' m Z rn > < I z ,rn 0 - 0 t.,.■ o < 4, )s) 71 r- M ° m 4-4-4 0 r M ci) 00 r -1 K ,..., 0 0 JO -1 1 0J C.-1 ...., E K to 2:0 0 co 0, o -0 PI -9 P1 I I CO (5 -5) 0 - z , cn CM 0 C — 0 :3> 1./1 1 ..1! -9 0 , PI 00 00 Fi -0 (3) 33) N 1,1 cu z r- 0 o m r- 0 > 1 i 00 z --' 031) 10 >313 0 0 C' m M > > 0 73 Z m 0 0 03 > a 00 (/10 -,,i 81(1) rn 0 Z m C 00 -4 m M. m in--, .8 -‹ 5.1. 4-4 03 E/P E/P E/P E/P E/P E/P E/P E/P E/P — 11111111111 S.W. 2ND AVENUE N 0000'12" W (KISSIMEE STREET) PLAT E/r, E/P 1' ?444' 1`• - 1 N 0000'12" W 75.00' 25 00 eN, 4s. 0 '01 COW 15 A I 1 VAMP I ) 0 NJ ( 01 > ) (f) 303 1 STORY CBS BUILDING 24.4' L!.01.113 RAMP !111 RAW -!,— 5 0.1A. 10 0' 25.00' RE110E „ A E/P — E/P E/P E/P E/P :h N 00°00'12" W 100.00' 1 E/P CO S 00°00'12"\E 75.00' 50.00' 1 ."1,1.13 DR133 0(0) 0 - 1 1 STORY CBS BUILDING ,00ERED CA)MC ; 10,1' 91.0' R.; S 00°00'12' E 100.00' FFNCF 0 18 -4P N) 01 0 Okeechobee County Property Appraiser's Office Information Request Form for the City of Okeechobee Property Owner Name(s) CSW 13, LLC. Parcel Identification No. 3- 28- 37 -35- 0050 - 00350 -0110 * Contact Person Name Tammie Anita Henderson Contact Person Phone No. 772 - 453 -3392 Requested Items Needed By ASAP *3- 28- 37 -35- 0050 - 00400 -0070 Projct Type (Circle One or Check Box) Rezoning ❑ Items Needed: Location map 100" surrounding property from the outermost portion of subject property. Surrounding property owners mailing addresses 300" from the outermost . portion of subject property. Special Exception Items Needed: Location map 100" surrounding property from the outermost portion of subject property. Surrounding property owners mailing addresses 300" from the outermost portion of subject property. Variance Future Land Use Map Amendment ❑ Item4 Needed: Loc 'on map 100" surrounding property fro the outermost portion of subject prop rty. Surrounding property owners mailing addresses 300" from the outermost porton of subject property. Items Needed: Location map 100" surrounding property 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 Okeechobee County Property Appraisers Office 307 NW 5th Avenue, Suite A Okeechobee, FL 34972 Phone: (863) 763 -4422 Fax: (863) 763 -4745 (Rev 0l /12) Page 4 of 11 Processed C &M: 7/8/14 W.C. "BILL" SHERMAN, PROPERTY APPRAISER OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT SW 18TH ST S Ibb AMH S!1 PROPERTY BOUNDARY WITHIN 100' U5 HWY 441 5 3AV (NZ MS in w O 8 M W cc w W o CD eo')Oo 6*5XMC° U CD w m w v LU el r`�)OO -J r-�a0LL M N2 el 8 0 L0 o2W 6¢Z co)Uww r owO]rn z0v N 9 >- W J �W�WLL CC 00 w N e7 3AV 421E MS S Ibb /MH Sfl oo z V J > W 0 ED o'NT.0r- >-x S Uco o oOccwJ M ¢ co O) M 0 O) O J p Z W • W Q W o 9DzOco 00N2' o¢ w� Up0coYJ 000LL M CO LL M ow Q W W CO COCOON Ct awv >awu, W ," w00 J z 00 ZS I— o M 0 W o oa¢Ooo Lo _„ z r- 0 U 0 1— N W .- C? ▪ m U Y O LL M0 0 co } r M J 3AV 421E MS 1a� CSW13, LLC 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, nd 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 un er 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 S U 115 ��S , a O t y and the assertions Made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. 1 therefore attest to this o t day of arouya, \flQt Signature clf Applicant 1C-m1n,'e _ tin cueraun Name of Applicant (printed or typed) State of Fldrida County of Okeechobee tt Date Sworn to and subscribed before me this /) /l day of 7, / , 6;W' . Personally known to me ✓ or produced FL Jrj//Prs f- /!_P/''� as identification and did not take an oath. Notary Public, State of orida (Rev O1/12) Seal: MELISA M. JAHNER MY COMMISSION # EE885058 EXPIRES: March 18, 2017 Page 3 of 11 I N r O N' CO (1 1- 00 O w r O'I1� CO N' <- r N r r (O O N Q'0 M O ?O Ln00 O)10 6) N N r 016) N O:, N r N N N N M M (O O N- O M M OLM,N M MM N M'M U M 'N- N. ti M �, MM Cn'O 'M N .q.4- N M M M MM 349740000 O'o0 (D', 00.0 ON N' O'N '10'M M,M O N O tn'O o c)! -I- O (7 I"O aO o0 O O (O O'vr''o O O'N N' O (O N O (O (D 0 N',N NIN N'MiM N N M,N' N N''N O O O O' O 6) m mm, p' 0 6) 0) N V N N N N N V N' N' M.MM M,M M M'. mm ''.MM MM F- J Q J J J J J J J J J J J J J J J J J J J J J J J J J J J U) LL 0 LL LL LL LL < < LL LL LL LL LL LL LL IL LL LL W LL LL LL IL LL IL LL LL LL LL W LL W 2 w W W W W W W W W W W W W W W W> W W W W W W W W W mCC81 e, 2= I mmmF~mOOmmmmmmmmmmm- m mm mm m mm 20 0 100 O - O F- H O OO OO OO O O O OU 0 00 00 0 00 Q 2U1222 =UOT2222222222<22222222 Z'0 (/) U U 0 � !UY ''Z Z U 0 'U 0 U '0 0 U 'U 0 0 0 0 'U O O U U 'U IW j W �w J W W LU W w w W W W z w W W W W W W W >-< � W W Y 2 WY YY'0 pW 5 Y Y YY Y YY YY Y YQ Y Y Y Y Y Y Y Y U 0 0 m0 00 LL LL 050 0 00 0 0 0 0 0 0 0 a0 0 0 0 0 0 0 0 NI. 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(O (O 0) 0) O O) ' O O O r r N O O C 0 O M M M M M M M M M M M M M M M M 'CDC Oq O'O O O O o O'O O o o O'O'O 0 O OOiO O''O 0 0 0 OiO 0 0 O O O O O o 0 0 o O O O Oro O O O O o'OIO OOi0l0 O O,O O o d c o o'o ' 00000000000000000000000 000)001010101010101010101010101010101010101010101010101010 <<<< < o o O O o'O O o O o'O O O O O O o 0 0''0 0 o 0 0 0 0 0000000000000000000000000000000 1 1 1 1 1 1 1 11 1 1 I 1 11 1 I 1 1 1 1 1 1 1 1 1 Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Lt) Ln Ln Ln Ln Ln M o M M m M MM'MI,M M M M,M,M Lh M'M M M m M M'M M M M MM'M r N h- � r (` r n ti ti's ti ti r �,n f� 'M M m M MM.M,M M M,M M, L`7 MGM P?'M'M m m,M,M M',M...M'.M.M M M,C7 ao o0 as as , 00 oD M ao o� as M o0 00 00 as M as a6 00 as, as M o0 00 ' as , 00 00 M os Z'N N N N N N N.N (‚4040104 N'N N N',(V N'('4 N N 01 (V N N N'N'N'(V N N Es:1 N N N N MM'M.MIM M;M M A m M M M MM M M m,m M m M M,CM AA Patty Burnette From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Wednesday, October 15, 2014 10:57 AM To: dka@legal-one.com; 'tammiehenderson@Iive.com. Subject: Approval for 14 -005 -SE Attachments: PB Minutes 082114.pdf Good Morning Karen and Tammie. This is your official notice for your records..... This email is to officially advise you that the Board of Adjustments at its regular meeting on August 21, 2014, approved your Special Exception, Petition No. 14 -005 -SE, to allow a day care center within a Commercial Professional Office (CPO) Zoning District (Ref. Sec. 90-223(1) for Lots 11 and 12 of Block 35 and Lot 7 and the north half of Lot 8 of Block 40, First Addition to South Okeechobee and located at 1811 SW 2nd Avenue. Attached herewith please find a copy of the minutes for your records. Approval was granted based on the Planning Staff findings and with the condition noted in the minutes. Please reference City Code Book Sec. 70-373(8)(f) Nonuse. If the Special Exception use granted by the Board of Adjustment should fail to exist or fail to be used for a continuous period of 180 days, then such use shall lapse and the current owner be required to reapply as provided in this division. In addition, I would like to make sure you are aware that you will need to follow up with the Finance Department in order to obtain a Business Tax Receipt (BTR) for the use of a day care center. Should you require additional information please do not hesitate to contact me. Thank you, Patty Patty M. Burnette general -Services Coordinator City of Okeechobee 55 Southeast 3rd %venue Okeechobee, EL 34974 Ter 863-763-3372 ext.218 Tax: 863-763-1686 r e-rn iC phitrnette@cttvofokeecllohee.corn website: 1iww. c itljofokeecllohee.coni AGENDA V. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. C. 6. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. D. Petition No. 14 -005 -SE, submitted by Tammie Henderson on behalf of property owner, CSW 13, LLC, to allow a day care center within the Commercial Professional Office Zoning District (Ref. Sec. 90-223 (1)) for Lots 11 and 12 of Block 35 and Lot 7 and the North Y2 of Lot 8 of Block 40,151 Addition to South Okeechobee and located at 1811 SW 2nd Avenue, containing approximately 0.569 acres (Exhibit 4). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14 -005 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. AUGUST 21, 2014 - PLANNING BOARD - PAGE 9 OF 12 ACTION DISCUSSION - VOTE Motion and second by Board Members Ritter and McCreary, based on the Planning Staff findings and recommendation, to approve Petition No. 14 -004 -SE, submitted by property owner, Mrs. Ociepka, to allow Mechanical and Repair Services within a CHV Zoning District, (Section 90-283 (7)) for the South 100 feet of Lot 7, West 100 feet of Lot 11, all of Lots 9, 10,12 and 13 of Block 3, Southwest Addition and located at 1127 West South Park Street, containing approximately 0.844 acres with the following conditions, the four parking spaces on the East side of the office are improved to City standards with pavers or other dustless surface, the driveway is improved to City standards with a dustless surface and landscape buffers are provided in conformance with requirements of Sections 90-532 and 90-534 of the LDR's. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA BURROUGHS-YEA MCCREARY - YEA RITTER - YEA BAUGHMAN - YEA BRASS -ABSENT CREASMAN - YEA MOTION CARRIED McCoY-YEA Petition No. 14 -005 -SE was submitted by Tammie Henderson on behalf of property owner, CSW 13, LLC, to allow a day care center within the Commercial Professional Office (CPO) Zoning District (Ref. Sec. 90-223 (1)) for Lots 11 and 12 of Block 35 and Lot 7 and the North -half of Lot 8 of Block 40, First Addition to South Okeechobee and located at 1811 Southwest 2nd Avenue, containing approximately 0.569 acres. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Mr Brisson of LaRue Planning and Management,1375 Jackson Street, Suite 206, Fort Myers, Florida, Attorney John Cassells of Cassells and McCall, for the applicant, Ms. Henderson, and Mr. Carroll Word of 1080 Southeast 23td Street, Okeechobee, Florida. Chairperson Hoover yielded the floor to Planner Brisson who explained the property involves two Tots 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-footminimum side yard, in relation to the adjoining properties to the immediate north and south. The new owner will not be required to address these non -conformities. AGENDA V. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. D. 2. Hear from Planning Staff regarding Petition No. 14 -005 -SE continued. AUGUST 21, 2014 - PLANNING BOARD - PAGE 10 0F/t2 ACTION - DISCUSSION - VOTE However, the property is also non -conforming as to parking requirements, which are one space for every five students plus one for each employee, with and estimated 99 students and 10 employees, the parking requirement is 30 spaces. Section 90-35(d) sets forth the regulations goveming how a nonconforming structure is treated when the underlying land is sold. Section 90-35(d)(1) requires that those portions of the property that have been used for off-street parking, but are unpaved or unmarked or otherwise do not meet the City's design standards, should be improved to City standards. Sec. 90-511(e) requires, with some exceptions, that all parking spaces be paved. Therefore, we suggest that the deteriorating portion of the driveway on the northem part of the property should be repaved and the unpaved part of the southem driveway and parking area should be paved. Parking spaces for employees should be marked and handicapped spaces should be identified and meet state standards Planning Staffs recommendation for approval is based on two sets of criteria. One being the site's consistency with the current LDR's, and the other, findings required to consider a Special Exception. Planning Staff's responses to the applicants presentation on consistency with the LDR's are the location and site are appropriate for the use as a daycare center, is generally considered appropriate in proximity to commercial and public/semi-public uses such as churches and is compatible with nearby residential uses. The subject property and associated buildings have been laid out, designed and used for daycare purposes in the past. No specific design efforts are necessary, no special visual screening will be necessary beyond the standard landscaping and buffering requirements of the LDR's. The most common impacts of daycare centers are traffic, especially during drop-off and pick-up times; and noise to adjacent residential uses of children playing outdoors. The new proposed daycare is expected to have the same number of students as the previous. A traffic analysis was not necessary though depending on how the circular driveways are to be used, some back-up onto Southwest 2nd Avenue might be expected. There is not expected to be any increase in the demand upon utilities such as sanitary sewer, or solid waste, the proposed activities are not expected to place any greater demand on the public services from the previous use. Planning Staffs responses to the applicant's presentation on the required findings to consider the Special Exception, are that the proposed use is not contrary to the Comprehensive Plan. A daycare center is specifically listed as a Special Exception use in the CPO Zoning District. The use its operation and impacts will not significantly differ from those associated with the former use of the property and will have no adverse effect upon the public interest. This particular use is appropriate for the proposed location, compatible with adjacent uses and not detrimental to urbanizing land use pattems. 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 backup onto Southwest 2' 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. -AGENDA V. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. D. 2. Hear from Planning Staff regarding Petition No. 14 -005 -SE continued. 3. Hear from the Property Owner or designee/agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING (QUASI-JUDICIAL) - Chairperson AUGUST 21,2014- PLANNING BOARD - PAGE 11 OF 12 ACTION - DISCUSSION - VOTE Traffic congestion will not be increased nor will traffic safety be compromised by location of the proposed use. There should be little or no change in the drainage situation since there is no physical change to the structure or other improvements on the property, drainage will remain essentially the same as previous. Mr. Brisson is recommending approval with the following stipulation: the driveway and parking need to be brought up to City Codes. Attorney Cassells addressed the Board stating there is a pending contract for the sale of the property and that he needed clarification on exactly what the requirements were regarding improving the condition of the driveways. Mr. Word stated that the driveways were constructed of asphalt millings, there were no pot holes, and there is a handicap space with a ramp. Mr. Brisson responded the driveways need to be a dustless surface which would be asphalt or concrete as per City Code. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to the applicant or anyone else regarding the application, or visited the site. There were none. Board Member Baughman moved to approve Petition No. 14 -005 -SE, submitted by Tammie Henderson on behalf of property owner, CSW 13, LLC, to allow a day care center within CPO Zoning District (Ref. Sec. 90-223 (1)) for Lots 11 and 12 of Block 35 and Lot 7 and the North -half of Lot 8 of Block 40, First 'Addition to South Okeechobee and located at 1811 Southwest 2nd Avenue, containing approximately 0.569 acres, with the following stipulation: the driveway and parking area need to be brought up to City Codes, seconded by Board Member Ritter. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER -YEA BURROUGHS-YEA MCCREARY - YEA RITTER - YEA BAUGHMAN - YEA CREASMAN - YEA BRASS - ABSENT MCCoY-YEA MOTION CARRIED CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 8:06 P.M. INDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 051(f.)_61 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. >� i VWG1 Sworn to and subscribed befq e me this 3 day of Katrina Elsken Notary Public, St- to of Florida at Large • AD ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 , ,,, Bonded Thru Notary Public Underwriters PUBLIC NOTICE • CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION ' A PUBLIC HEARING w111 be held before the City of Okeechobee Board of Adjustment and Appeals on Thursday, August 21, 2014 at 6:00 p.m. or as soon thereafter as possible at City Hall, 55 SE 3rd Ave, Council Cham- bers, 0m 200,"Okeechobee, possible, The agenda Is available on the Oty website www.cityofokeedsobee.com, or contact the General Services De- partment, pbumette0dlyofokeedrobee.com, 863-763-3372 x 218. Under consideration Is Special Exception Petttlon No. 14 -005 -SE, submit- ted by Ms. Tommie Henderson, d/b/a UI School Beneath the Pines, on be- half of property owner CSW 13, LLC,, to allow a daycare within a Commercial Professlonal and Office (CPO) Zoning District,, Ref, Code Book Section 90-223(1). The proposed use Is for a daycare facility. The applicant Is a co -purchaser on a pending real estate contract. Property Is located at 1811 SW 2nd Avenue, Legal: Lot 7 and the North one-half of Lot 8 of Block 40, and Lots 11 and 12 of Block 35, First Addition to South Okeechobee, Plat Book 1, Page 17 Okeechobee County public records, and Is approximately 0.569 aces. All members of the public are encouraged to attend and partldpate In said Hearing. The entire petition may be Inspected during regular business hours, Mon -Fri 8am-4:30pm, except for holidays. The Board of Adjustment and Appeals serves as the dedslon making body (quasi-Judidal), on behalf of the City, to approve or deny Spedal Excep- Sons. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect tb arty matter considered at this meeting wIU need to ensure a ver- batim record of the proceeding H made and the record lnctudes the testimo- ny and evidence upon which the appeal win be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as de- flned by the ADA, that needs spedal accommodation to partidpate In this aprior proceeding, contact the, 863-763-3372.eGeneral rds Office no later than two business dBE ADVISED that should you intend to show any document, picture, video or Items to the Board In support or opposition to any Rem on the agenda; a copy of the document, picture, video, or Item must be provided to the Board Secretary for the City's records. by: Brian Whitehall, Zoning Administrator Petition No. 14-005-5E 466585 ON 8/3,13/2014 ' Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Tammie Henderson d/b/a/ Lil School Beneath the Pines Petition No.: 14 -005 -SE 111 f4 11. Planning 'tet Management Services, Inc. 1 375 Jai L+on Strect, Sufic 206 Fort 11�en, pbridi 39-33 i-3366 FaGa;,i.:acti.rl J c• co 1 C,,,,Q1:E+131 Ilika.tt;.—Sic��.+*a,.J,51...4 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14 -005 -SE General Information Owner Owner Address Applicant Applicant Address CSW 13, LLC. SE ._..233rr 1080 .23rd'Street; chobee, FL 34974 Tammie Anita Henderson d/b/a Lil School Beneath the Pines 215 NE 11th Street Okeechobee, FL 34972 Site Address 1811 SW 2nd Avenue Contact Person Tammie Anita Henderson Contact Phone Number 772-453-3992 Email Address :tammiehenderson@live.com Future Land Use Map Classification Zoning District Use of Property Acreage Existing Commercial CPO, Commercial Professional Office Unoccupied former Daycare facility 0.574 acre Proposed Commercial CPO, Commercial Professional Office Daycare facility 0.574 acre Legal Description of Property LOTS 11 AND 12 , BLOCK 35, AND LOTS 7 AND THE NORTH 1/2 OF LOT 8, BLOCK 40, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14 -005 -SE Adjacent FLUM Classifications, Zoning Districts, and Existing Land Use Future Land Use Map North Zoning District Existing Land Use: Future Land Use Classification East Zoning District Existing Land Use Future Land Use Classification South Zoning District Existing Land Use Future Land Use Classification West Zoning District Existing Land Use Commercial CHV Single-family home Commercial CHV Multi -family & offices and church Commercial CHV Single-family home Single -Family * RSF 1 Single-family home Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for a Daycare facility at 1811 SW 2nd Avenue. The property involves two Tots separated by platted but unimproved SW 19th Street. The two lots encompass 0.574 acres. Description of the Situation The parcel carries a Future Land Use designation of Commercial and is zoned CPO, Commercial Professional and Office District. The property has been used in the past as a daycare facility and private school and the buildings are currently vacant. The Applicant wishes to operate a "Daycare facility during the hours of 6am to 6pm Monday thru Friday. There will be 10 employees. Children will be mainly indoors, but will play in the fenced area playground at various times during the day." It should be noted that the existing buildings are nonconforming structures as defined in the LDRs as follows: "Nonconforming structure means a lawful building or structure existing on the date of enactment or amendment of these regulations, but which does not conform to the yard, setback, coverage, height, parking, landscaping or supplementary regulations of the district in which it is located." `Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Tammie Henderson Special Exception Request Petition No. 14 -005 -SE Both buildings conform to the minimum rear and front yard requirements for a daycare center set forth in Sec. 90-694. However, neither structure conforms to the required 25 - foot minimum side yard, in relation to the adjoining properties to the immediate north and south. The new owner will not be required to address these nonconformities. The property is also nonconforming as to parking requirements. The parking requirement for a daycare center is one parking space for each five students plus one for each employee. With 99 students and ten employees, the parking requirement is 30 spaces, two of which should be designated for the handicapped. Section 90-35(d) sets forth the regulations governing how a nonconforming structure is treated when the underlying land is sold. Section 90-35(d)(1) requires that those portions of the property that have been used for off-street parking, but are unpaved or unmarked or otherwise do not meet the City's design standards, should be improved to City standards. Sec. 90-511 (e) requires, with some exceptions, that all parking spaces be paved. Therefore, we suggest that the deteriorating portion of the driveway on the northern part of the property should be repaved and the unpaved part of the southern driveway and parking area should be paved. Parking spaces for employees should be marked and handicapped spaces should be identified and meet state standards. Consistency with Land Development Regulations Section 70-373(b) requires that the Applicant address the following standards for granting a Special Exception, during his/her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. "The proposed location was previously used as a daycare facility and remains in a condition that would allow for the same use currently. " We agree that the location and site are appropriate for the use. The property is located in an area that is primarily envisioned for commercial uses. A daycare center is generally considered appropriate in proximity to commercial and public/semi-public uses such as churches and is compa- tible with nearby residential uses. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Tammie Henderson Special Exception Request Petition No. 14 -005 -SE (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. (3) "The proposed property is constructed in a way that matches the surrounding area and that allows the property to be used as a childcare facility with no special design efforts." We agree. The subject property and associated buildings have been laid out, designed and used for daycare purposes in the past, and, no specific design efforts are necessary. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "The property currently has fencing in place that will protect the children while they are on the playground. No use of the property would require additional screening." We agree. The operational characteristics and impacts of a daycare facility involve no nuisance or visual factors that require visual screening from adjacent commercial or residential uses beyond the standard landscaping and buffering requirements of the LDC. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "There are currently large circle driveways located on the property that will eliminate (or substantially reduce) cars from parking and/or idling on the road while dropping off and picking up children. This is currently a parking lot located on the property to allow for employee parking." Perhaps the two most common impacts of day care centers are the traffic and stacking during pick-up and drop-off times and noise impacts upon adjacent residential uses of children playing outdoors. According to the Applicant, the prior day care use had about 99 students and the Applicant expects about the same. With regard to traffic, using the Institute of Traffic Engineers (ITE) 8th Edition traffic generation rates, we estimate that traffic during the peak hour will approximate 64 trips. While a significant traffic level, this does not meet the City's threshold of 100 trips per peak hour to trigger the need for a traffic analysis. Ntsit.i.s.d.tv .11 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Tammie Henderson Special Exception Request Petition No. 14 -005 -SE This is just over one per minute, presumably during the peak morning and afternoon pick-up and drop-off times. Depending on how the two circular driveways are used one might expect some back up onto SW 2nd Avenue, this will likely be similar in character to that which may have occurred under the previous daycare operation. (5) Demonstrate how the utilities and other service requirements of the use can be met. "Utilities and power lines have already been established at the property and were previously in use." Recognizing that the property has been previously used for a daycare operation, it is clear to us that utilities and other service requirements have been and will continue to be met. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "Please refer to Question 4." According to the Applicant, the prior day care use had about 99 students and the Applicant expects about the same. With regard to traffic, using the Institute of Traffic Engineers (ITE) 8th Edition traffic generation rates, we estimate that traffic during the peak hour will approximate 64 trips. While this is a significant level of traffic, it does not meet the City's threshold of 100 trips per peak hour that triggers the need for a traffic analysis. This is just over one per minute, presumably during the peak morning and afternoon pick-up and drop-off times. Depending on how the two circular driveways are used one might expect some back up onto SW 2nd Avenue. We expect this would not be appreciably different from that having occurred when the property was previously operated as a daycare center. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14 -005 -SE Section 70-373(c) (1) — (8) When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1) — (8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface after which are the Staff comments pertaining to these findings: (1) The use is not contrary to the Comprehensive Plan requirements. "The Property is in the Commercial Future Land Use classification and is consistent with the Comprehensive Plan requirements." We agree. The Commercial Future Land Use Category envisions a wide variety of commercial uses, and a childcare center falls within this category of uses. (2) The use is specifically authorized as a special exception use in the zoning district. (3) "The use is specifically authorized as a special exception in the CPO zoning district. See Section 90-223(1)." We agree. The CPO district allows a daycare center as a Special Exception use. The use will not have an adverse effect on the public interest. "Although the adjoining properties on three sides are single family residences, there is nearby commercial use. On SW 2nd Avenue, to the south, there is a walk-in clinic, and a small commercial strip center. To the west of the Property, there is a church and an insurance office. Because of such commercial use nearby, the daycare use is consistent with the overall mixed use area and would not have an adverse effect on the public interest." We agree. We would not expect the use, its operation and impacts to significantly differ from those associated with the prior use of the property. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Tammie Henderson Special Exception Request Petition No. 14 -005 -SE (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use pattems. (5) "The Property previously functioned as a daycare. Although exact dates cannot be sup- plied, it is estimated that such use continued for at least 15 years. The Property is in an area of mixed use (see answer #3 for more details). Therefore, the use of this Property as a daycare is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns." We agree that the location and site are appropriate for the use. The property is located in an area that is primarily envisioned for commercial uses. A daycare center is generally considered appropriate in proximity to commercial and public/semi-public uses such as churches and is compa- tible with nearby residential uses. The land use pattern in this area anticipates professional uses and offices and their supporting uses. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The Property previously functioned as a daycare and there does not appear to have been any adverse effect upon property values or living conditions in the area. Further, there does not appear that there was any deterrent to the development of adjacent property. The daycare use should not pose a nuisance or hazard to adjacent uses. The children will be inside the facility for the majority of the day, with short outside play times. The area where the children will play is fenced, and therefore they will not be entering upon adjacent property and will not be a hazard to such adjacent properties or property owners. At least one side of the property currently has an opaque fence for screening; at this time, there are no plans to install additional fencing." We agree. ! Serving Florida Local Govt•rnnMnts Sind 11)8 Staff Report Applicant's Name: Tammie Henderson Special Exception Request Petition No. 14 -005 -SE (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. (7) "There will be some traffic at drop off and pick up, but it will not be extreme. There is a paved circular drive in front of northernmost building and an unpaved circular drive in front of the southernmost building, that will eliminate (or substantially reduce) cars from parking and/or idling on the road during these times." Depending on how the two circular driveways are used one might expect some back up onto SW 2nd Avenue. This will likely be similar in character to that which may have occurred under the previous daycare operation. Refer to our response to Standard 4 of Sec. 70-373(b) beginning on the bottom of page 4 of this Staff Report. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "No, the proposed use will not create a density pattern." Density is not an issue with a commercial use and no increase in commercial intensity is envisioned that would have a negative effect upon public services or facilities. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "No, none of this will be created." We agree that neither will traffic congestion be increased nor traffic safety be compromised by the operation of a daycare center on the property at a level of intensity approximating that which previously operated on the property. Since there is no physical change to the structure or other improvements on the property, drainage will remain essentially the same as previous. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14 -005 -SE Recommendation Based upon the foregoing analysis and findings, Staff recommends that Petition Number 14 -005 -SE be Approved with the stipulation that: The deteriorating portion of the driveway on the northern portion of the property and the unpaved part of the southern driveway should be paved. Also, parking spaces for employees should be marked and handicapped spaces should be identified and meet state standards. Submitted by: Wm. F. Brisson, AICP Planning Consultant August 14, 2014 Attachments: Future Land Use Map Zoning Map, Aerial Showing Subject Site and Surrounding Uses Annotated Survey Sketch Google Street Views (2) Board of Adjustment Public Hearing: August 21, 2014 Serving Florida Local G01'0111111:1115 Since 1988 Staff Report Applicant's Name: Tammie Henderson Special Exception Request Petition No. 14 -005 -SE 31 25 26 27 30 3? 33 3 40' 44 Okeechobee Future Land Use Map Lia9 COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY 4111 MULTI - FAMILY - COMMERCIAL - INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE S Subject Property Serving Florida Local Governments Since 1988 10 Staff Report Applicant's Name: Tammie Henderson Special Exception Request Petition No. 14 -005 -SE 30 33 3? 43 AA ZONING UNINCCROO ATEU all CBD - COMM BUSINESS 2157RICT - CM- • NEA :Y;GEIVERC _ CLT- L,GNT COMMERCIAL CPO • COMM PROFFSS ONE OFF,:. N - 11UL:M1L+ IND - INDUSTRIA_ PUE - PUBIC FACILITIES PUD -MIXED PUD -R 1111 RMF - RES -DENT IAL UULTIJLE FAMIL" R1711 - RESIDENTIAL MCB LC NONE RSF I • RPSIDFNTI4. SiNO1 P F4'4 V RSF2 RESIDENTIAL SINGLE FAMILY Okeechobee Zoning Map Subject Property Serving Florida L1x-31 Governments Since 1985 11 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14 -005 -SE EXISTING LAND USE SUBJECT SITE AND ENVIRONS a. 4 .•„ .- • • . r th. 41r27. • • _ La A j ,49a, •••,-'•• 101.C. , - • r , t '',•••;" c. r's " :`"11,114' • -Ti„ r 1^..„, 41.N‘IP ki '' T ...: 1 H I" L1I,, String Florida Local Governntents Since 1981i 12 Staff Report Applicant's Name: Tammie Henderson Special Exception Request Petition No. 14 -005 -SE ANNOTATED SURVEY SKETCH too ,:ted Lar 10 .... N 89'51'48" W 142.50' Mc g 11 It1 11 _— O Q 0 \ 6 ta0 0,1 \ 1 L� woman Io•MaaD %/�'``'"'�'( r7... 114la�` Kim 4-0 rte. Pliteratio r *00 .s{ I h N(9'51'48"W•4•,u 18 \ti S u. 10211 3122et t %EtF N 2111 LTJ PLAT wo" o131.14 it NT w USE (a'' r•14T1t l/N r1 I r� rrr i Rio .l - N 89'51'48" W 142.50' 52101s1.022, 1100645[ 0-nr r-0.- 430 LOT 10 ±0.33 ACRES LOT 12 .19 a4r .ST 116 ROLDNri60 . . 27.r,f0Y.T LC ,`0.z[ i - .D. 9 11-67 0-4r/ t .r -I t() rs c N -rmvsr .01.113,2 Nom 1/2 LOT 8 �._ WO MIX r.m .D.[r Ka De .w�.. • n*.e."11 = Can c rC C'1`L ):4'71/1'151' 4 N 89'51'4 " W 142.50' 9D)h .:7 1111 0 Vd00 WC. Kew R.9 O U Liz 90 0.071. I0 Let 1 Serving Florida Local Governments Strlce 1901% 13 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14 -005 -SE GOOGLE® STREET VIEW (1) O 2014 Google © 2014 Google Serving Florida Local Gucernmems Since 1988 Staff Report Special Exception Request Applicant's Name: Tammie Henderson Petition No. 14 -005 -SE GOOGLE® STREET VIEW (2) Exit Street View 15 Pa Burnette From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Friday, August 15, 2014 3:41 PM To: dka@legal-one.com; 'vangela1954@hotmail.com' Cc: `tammiehenderson@iive.com` Subject: Special Exception Petition No. 14 -005 -SE Attachments: Agenda August 2014.pdf; Staff Rpt 14-005-SE.pdf Please be advised that the Board of Adjustments and Appeals of the City of Okeechobee will be considering your Special Exception Petition No. 14 -005 -SE, to allow a Day care center within a Commercial Professional Office Zoning District (Ref. Code Sec. 90-223 (1)) located at 1811 SW 2nd Avenue on Thursday, August 21, 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 Patty M Burnet -re general -Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, EL 34974 teb 863-763-3372 ext. 218 Fax: 863-763-1686 e-niait pburnette@cityofokeechobee.coni website: www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 Patty Burnette SPO C'oMmef)-I- From: Lowell Pritchard <Ipritchard@pritchardsinc.com> Sent: Thursday, August 14, 2014 10:21 AM To: pbumette@cityofokeechobee.com Subject: Property Located at 1811 SW 2nd Avenue - Daycare Use Dear Patty, On behalf of Pritchards and Associates, our family, and staff, we welcome the proposed daycare behind our office and are glad to see the property put back in use since it has been vacant for an extended period of time. The sounds of small children at play is always a beautiful melody of sound. Thank you, Patty, for being so helpful!!! Sincerely, Lowell 2� 3 PbSnog-ices vvvi,uGe cL, 0 r2 ra-d---- 1 Cell t3/ Corvio 1 ?3e: )g lI zKan Iv'C- S� -p-o✓ Dave Cen kA' S IIA IL- received Vo ie mac,1 Ory) Mr. Lowell Pr- -fcI1a 9)15hti - i.e mess appgca i- e. was in u m(l q as 40 & b y Qikost ZOas appl v i n q 00-9 C'en to he,n c a+ Was te 01-0" -eve QA,-fL_prop Vc ecz)1+ more CUA IP al DS • City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 218 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: August 6, 2014 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 14 -005 -SE to allow a Day care center within a Commercial Professional Office Zoning District, (Ref. Code Sec. 90- 223 (1)) located at 1811 SW 2"d Avenue. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, August 21, 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 ancityofokeechobee.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: August 6, 2014 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 14 -005 -SE to allow a Day care center within a Commercial Professional Office Zoning District, (Ref. Code Sec. 90- 223 (1)) located at 1811 SW 2nd Avenue. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, August 21, 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 a(�,cityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailedlfaxed. 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: August 6, 2014 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 14 -005 -SE to allow a Day care center within a Commercial Professional Office Zoning District, (Ref. Code Sec. 90- 223 (1)) located at 1811 SW 2' Avenue. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, August 21, 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 a(�,cityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailedlfaxed. Respectfully, Patty M. Burnette General Services Coordinator Marvin W. Brantley 1365 Hwy 441 SE Okeechobee, FL 34974 Pogey's Plaza 1759 S. Parrott Ave. Okeechobee, FL 34974 Lowell & Marilyn Pritchard 1802 S. Parrott Avenue Okeechobee, FL 34974 Jose & Mercedes Gomez P.O. Box 3049 Okeechobee, FL 34973 Janet Berry 1805 SW 3`d Ave. Okeechobee, FL 34974 James & Vanessa Perviss 1903 SW 3rd Ave. Okeechobee, FL 34974 Arwoyoka LLC 1904 S. Parrott Ave. Okeechobee, FL 34974 Martha Conley 2002 S. Parrott Ave. Okeechobee, FL 34974 Layne Brown 20551 Blairmoore St. Chatsworth, CA 91311 Marilyn J. Frazier Revocable Trust %Gary Frazier Co -Trustee 1423 SW 19`h Terrace Okeechobee, FL 34974 Bart F. Caso Jr. 511 Cypress Crossing Wellington, FL 3341 Rebecca Starkey 1810 SW 2nd Ave. Okeechobee, FL 34974 Robert Holley Diana Padgett 1902 SW 2"d Ave. Okeechobee, FL 34974 Marvin S. Brantley 1935 SW 3rd Ave. Okeechobee, FL 34974 Gerald Lefebvre 1910 S. Parrott Ave. Okeechobee, FL 34974 Edward Bobbitt 2024 SW 2nd Ave. Okeechobee, FL 34974 Lake-Okee Inc. 1401 West Ave A Belle Glade, FL 33430 Pro -Med Walk -In Clinic Inc. 15646Hwy71S Fort Smith, AR 72916 Amy L. Lunsford (Life Estate) 1804 SW 2nd Avenue Okeechobee, FL 34974 Faith Christian Center of Okee. Inc. 1803 SW 3rd Ave. Okeechobee, FL 34974 Lawrence Feldman 1118 WN Park St. Okeechobee, FL 34974 Living Word of Faith Fellowship Inc. Box 35308 Panama City, FL 32412 Jacquelyn Flood 1905 SW 2"d Ave. Okeechobee, FL 34974 PIN OWNER NAME 2 -28 -37 -35 -0A00 -00019-A000 I BRANTLEY MARVIN W- 2 -28-37-35-0A00-00022-0000 ;BROWN LAYNE 2-28-37-35-OAOO-00023-0000 ;LAKE-OKEE INC 2 -28 -37 -35 -0A00 -00024-A000 FOGEY'S PLAZA INC \2-28-37-35-0A00-00025-0000 FOGEY'S INC 3-28-37-35-0050-00330-0050 FRAZIER MARILYN J REVOCABLE TR_ \�3-28-37-35-0050-00340-0050 PROMED WALK-IN CLINIC INC ` 3-28-37-35-0050-00340-0110 IPROMED WALK-IN CLINIC INC 3-28-37-35-0050-00350-0050 }PRITCHARD LOWELL & MARILYN 3-28-37-35-0050-00350-0070 1CASO BART F JR J_ 3-28-37-35-0050-00350-0090 'CASO BART F JR 3-28-37-35-0050-00360-0010 LUNSFORD AMY L (LIFE ESTATE) 3-28-37-35-0050-00360-0030 GOMEZ JOSE T & MERCEDES 3-28-37-35-0050-00360-0050 STARKEY REBECCA H { 3-28-37-35-0050-00360-0070 FAITH CHRISTIAN CENTER OF 3-28-37-35-0050-00360-0090 FAITH CHRISTIAN CENTER OF 3-28-37-35-0050-00360-0110 (BERRY JANET 3-28-37-35-0050-00390-0010 HOLLEY ROBERT & PADGETT DIANA 3-28-37-35-0050-00390-0040 FELDMAN LAWRENCE D 3-28-37-35-0050-00390-0070 PERVISS JAMES & VANESSA 28-37-35-0050-00390-0090 BRANTLEY MARVIN S \ 3-28-37-35-0050-00390-0110 BRANTLEY MARVIN S & DEBORAH J 3-28-37-35-0050-00400-0010 THE LIVING WORD OF FAITH 3-28-37-35-0050-00400-0030 ARWOYOKA LLC 3-28-37-35-0050-00400-0050 LEFEBVRE GERALD 3-28-37-35-0050-00400-0090 FLOOD JACQUELYN L \-'`3-28-37-35-0050-00400-0100 LEFEBVRE GERALD \ 3-28-37-35-0050-00400-0110 LEFEBVRE GERALD 3-28-37-35-0050-00410-0010 CONELY MARTHA G (LIFE ESTATE) 3-28-37-35-0050-00410-0040 CONELY MARTHA G (LIFE ESTATE) 3-28-37-35-0050-00420-0010 j BOBBITT EDWARD H ADDRESS 1 ;1365 H WY_441 SE 20551 BLAIRMOORE STREET 11401 WEST AVE A_ 1759 S PARROTT AVE 1759 S PARROTT AVENUE ,ADDRESS_2 %GARY FRAZIER CO -TRUSTEE 15646 HWY 71 S 15646HWY71S 1802 S PARROTT AVENUE 511 CYPRESS CROSSING 511 CYPRESS CROSSING ,CITY NAME ST ZIPCODE !OKEECHOBEE FL 34974 ICHATSWORTH CA � 91311 'BELLE GLADE FL 1334300000 X1423 SW 19TH TERRACE 1804 SW 2ND AVE PO BOX 3049 1810 SW 2ND AVENUE OKEECHOBEE_ FL_ _34974 OKEECHOBEE FL ' 349741586 OKEECHOBEE FL 134974484_1 FORT SMITH AR t 72916 FORT SMITH AR 72916 OKEECHOBEE FL 34974 WELLINGTON FL 33414 OKEECHOBEE INC ;1803 SW 3RD AVENUE OKEECHOBEE INC - 11803 SW 3RD AVENUE 1805 SW 3RD AVE 1902 SW 2ND AVENUE 1118 WN PARK ST 1903 SW 3RD AVENUE '1935 SW 3RD AVE '1935 SW 3RD AVENUE WELLINGTON FL j 33414 OKEECHOBEE ;FL 349746168 OKEECHOBEE ;FL 7 349730000 OKEECHOBEE ;FL 1 34974 FELLOWSHIP INC 1904 S PARROTT AVENUE 1910 S PARROTT AVENUE 1905 SW 2ND AVE 1_910 S PARROTT AVE 1910 S PARROTT AVENUE 2002 S PARROTT AVE 2002 S PARROTT AVE 2024 SW 2ND AVE BOX 35308 OKEECHOBEE FL 1349740000 OKEECHOBEE FL 349740000 OKEECHOBEE FL 349746148 OKEECHOBEE FL r349740000 OKEECHOBEE AFL 349724058 OKEECHOBEE !FL 349740000 OKEECHOBEE 'FL 349740000 OKEECHOBEE ,FL 349740000 PANAMA CITY FL 32412 OKEECHOBEE FL 34974 OKEECHOBEE FL 349740000 OKEECHOBEE FL 349746104 OKEECHOBEE LF'L 34974 OKEECHOBEE IFL 349740000 OKEECHOBEE 349746183 OKEECHOBEE FL 349746183 OKEECHOBEE :FL 349746103 CITY OF OKEECHOBEE 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- Oo5-.S E Date of lst Public Hearing: 8-01-14 Address of subject property (or Legal if no address): 1 e 1 l sof a od 4ven u,e., I, ICLV id i , hereby certify that I posted the "Notice of Public Hearing" sign in accordance with the above instructions on -(p- 1 L-( , and will remove sign on 2,...)Signature: STATE OF FLORIDA COUNTY OF OKEECHOBEE Date: g'& The foregoing instrument was ackrlpwledged before me this a fes, a0I�-by havici 1f 1 l e r , who is personally known to me IL or produced as identification. lq • a) nett (signature) Print, tyke or stamp name of Notary SEAL: +ice. Notary Public State of Florida Patty M Bumette 41 My Commission EE 218356 op op Expires 10/02/2016 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N2 38664 (863) 763-3372 RECEIVED from 20 ti- d h dzie Dollars $ 5oo." cr.4it-t 100 CLERK D SearchResults Okeechobee County Property Appraiser updated: 8/7/2014 Parcel: 3-28-37-35-0050-00400-0070 « Next Lower Parcel' Next Higher Parcel » Owner & Property Info Page 1 of3 2014 Preliminary Certified Values Parcel List Generator 2013 TRIM (pdf) Owner's Name CSW 13 LLC Site Address 1811 SW 2ND AVE, OKEECHOBEE Mailing 1080 SE 23RD ST Address OKEECHOBEE, FL 34974 Description 1 SLOOCK140 N TO SOUTH OKEECHOBEE LOT 7 & N 1/2 OF LOT NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.244 ACRES S/T/R 28-37 35 12 $80,000.00 Tax Neighborhood 518652.00 District 50 DOR Use Code PRVT SCHL/ (007200) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $32,298.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $42,975.00 XFOB Value cnt: (2) $2,182.00 Total Appraised Value $77,455.00 Retrieve Tax Record Property Card Interactive GIS Map Print « Prev Search Result: 2 of 2 GIS Aerial 2014 Preliminary Certified Values Just Value $77,455.00 Class Value $0.o0 Assessed Value $77,455.00 Exempt Value Moo Total Taxable Value $77,455.00 Sales History Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page Inst. Type Sale VImp Sale Qual Sale RCode (Code List) Sale Price 8/9/2013 734/1856 SW I U 12 $80,000.00 http://www.okeechobeepa.com/GIS/D_SearchResults.asp 8/12/2014 D SearchResults Page 2 of 3 10/3/2011 706/416 CT I U 11 $100.00 10/3/2011 706/456 CT I U 11 $100.00 10/3/2011 706/572 CT I U 11 $0.00 10/3/2011 706/573 CT I U 11 $0.00 1/30/2008 648/430 WD I U 02 (Multi -Parcel Sale) - show $895,000.00 2/19/2004 524/655 WD I U 02 (Multi -Parcel Sale) - show $0.00 7/13/2001 458/1449 WD I U 02 (Multi -Parcel Sale) - show $265,000.00 9/1/1994 360/787 WD I U 03 $0.00 2/1/1985 0/ WD V U 03 $22,000.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value Show Sketch 1 CHILD CARE (000700) 1952 1540 1624 $42,975.00 Extra Features & Out Buildings - ( Show Codes ) Code Desc Year Blt Value Units Dims Condition ( Good) FENC 3 6'C/LINK 1995 $788.00 0000118.000 0 x 0 x 0 PD (075.00) ASPH 2 COM SLB WL 1995 $1,394.00 0001859.000 0 x 0 x 0 PD (025.00) Land Breakdown Lnd Code Desc Units Adjustments Rate Lnd Value 067SP8 SO SIDE ST (MKT) 0000075.000 FF - (0000000.244AC) 1.00/1.00/1.00/1.00 $430.64 $32,298.00 Okeechobee County Property Appraiser « Prev Search Result: 2 of 2 updated: 8/7/2014 1 HOME 1 Record Search I GIS Map I General Info I Exemptions 1 Tangible Tax 'FAQ 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 informatic 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, it's use, or i interpretation. Although it is periodically updated, this information may not reflect the data curr in the Property Appraiser's office. The assessed values are NOT certified values and therefor€ 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 response to a public -records request, do not send electronic mail to this entity. Instead contac http://www.okeechobeepa.com/GIS/D_SearchResults.asp 8/12/2014 DSearchResults Okeechobee County Property Appraiser updated: 7/7/2014 Parcel: 3-28-37-35-0050-00350-0110 « Next Lower Parcell Next Higher Parcel » Owner & Property Info Page 1 of 2 2014 Preliminary Certified Values Parcel List Generator 2013 TRIM (pdf) Owner's Name CSW 13 LLC Site Address 1811 SW 2ND AVE, OKEECHOBEE Mailing 1080 SE 23RD ST Address OKEECHOBEE, FL 34974 Description 35T ADDITION TO SOUTH OKEECHOBEE LOTS 11 & 12 BLOCK NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.325 ACRES STIR 28-37-35 Neighborhood 518652.00 Tax District 50 DOR Use Code PRVT SCHL/ (007200) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $43,065.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $87,031.00 XFOB Value cnt: (7) $7,448.00 Total Appraised Value $137,544.00 Retrieve Tax Record Property Card Interactive GIS Map « Prev GIS Aerial Search Result: 2 of 3 Print Next» 2014 Preliminary Certified Values Just Value $137,544.00 Class Value $o.00 Assessed Value $137,544.00 Exempt Value so.00 Total Taxable Value $137,544.00 Sales History Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Year Bit Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode (Code List) Sale Price 8/9/2013 734/1856 SW I U 12 $80,000.00 10/3/2011 706/456 CT I U 11 $100.00 10/3/2011 706/573 CT I U 11 $0.00 1/30/2008 648/430 WD I U 02 (Multi -Parcel Sale) - show $895,000.00 2/19/2004 524/655 WD I U 02 (Multi -Parcel Sale) - show $795,000.00 7/13/2001 458/1449 WD I U 02 (Multi -Parcel Sale) - show $0.00 5/1/1994 355/1416 WD I U 03 $0.00 11/1/1993 353/1705 WD I U 03 $0.00 8/1/1991 326/356 WD I Q $95,000.00 3/1/1980 0/ WD V Q $9,000.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value Show Sketch 1 CHILD CARE (000700) 1982 2925 3093 $87,031.00 http://www.okeechobeepa.com/GIS/D_SearchResults.asp 07/07/14 D_SearchResults Extra Features & Out Buildings - ( Show Codes Page 2 of 2 Code Desc Year Bit Value Units Dims Condition (% Good) OFA OPN FLR MT 1991 $768.00 0000192.000 16 x 12 x 0 PD (050.00) CONC B COM SLB WL 1994 $1,945.00 0002437.000 0 x 0 x 0 PD (035.00) ASPH 2 COM SLB WL 1991 $1,297.00 0000975.000 0 x 0 x 0 PD (025.00) FENC P 6'1/2"PINE 1994 $34.00 0000017.000 0 x 0 x 0 PD (035.00) FENC 3 6'C/LINK 1994 $2,603.00 0000390.000 0 x 0 x 0 PD (075.00) Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067SP8 SO SIDE ST (MKT) 0000100.000 FF - (0000000.325AC) 1.00/1.00/1.00/1.00 $430.65 $43,065.00 Okeechobee County Property Appraiser « Prev Search Result: 2 of 3 Next » updated: 7/7/2014 HOME I Record Search 1 GIS Map I General Info I Exemptions I Tangible Tax I F A Q I Contact Us This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely fo governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of t property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it' Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purpo Notice: Under Florida Law, e-mail addresses are public record. If you do not want your e-mail address released in response to a put request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. Powered by: GrizzlyLogic.com - © Copyright 2001 © All Rights Reserved - Okeechobee County Property Appraiser http://www.okeechobeepa.com/GIS/D_SearchResults.asp 07/07/14 ilV/100 h- /70 idUl S-Lvd g Rie Pra cLE--e-P)2_ -g?g S)72Urd-1-1) 7/ tiv-19 Doi+-v.)0d cii(n4dd0)(j 1-1.3/-d0d5- WQJ 7-7,-iuxop, tti24 -Djs : c2± FAX TX Report MFP :.e:, Firmware Version 2H7 2F00.013.006 2012.01 No. Date and Time Destination 00001 07/09/14 *00002 07/09/14 *00003 07/08/14 *00004 07/08/14 *00005 07/08/14 *00006 07/08/14 *00007 07/08/14 *00008 07/08/14 *00009 07/08/14 *00010 07/02/14 *00011 07/02/14 *00012 07/02/14 *00013 07/02/14 *00014 07/02/14 *00015 07/02/14 *00016 07/02/14 *00017 07/02/14 *00018 07/01/14 *00019 07/01/14 *00020 07/01/14 *00021 07/01/14 *00022 07/01/14 *00023 06/30/14 *00024 06/30/14 *00025 06/30/14 *00026 06/27/14 *00027 06/27/14 *00028 06/27/14 *00029 06/27/14 *00030 06/19/14 *00031 06/19/14 *00032 06/19/14 *00033 06/19/14 *00034 06/17/14 *00035 06/17/14 *00036 06/17/14 *00037 06/17/14 *00038 06/13/14 *00039 06/11/14 *00040 06/10/14 *00041 06/09/14 *00042 06/09/14 *00043 06/09/14 *00044 06/09/14 *00045 06/05/14 *00046 06/04/14 *00047 06/04/14 *00048 06/04/14 *00049 06/04/14 *00050 06/02/14 19:22 15:48 15:48 15:47 15:09 12:36 12:33 12:33 10:24 14:24 13:57 11:39 10:43 10:41 10:40 10:38 10:37 10:24 10:22 08:57 08:55 08:54 10:45 10:44 08:05 15:04 14:57 10:31 10:30 16:05 08:52 08:30 08:26 14:10 13:00 11:41 11:40 09:26 15:58 13:00 13:53 13:50 13:46 08:28 10:52 13:52 13:50 13:48 13:46 08:41 7631031 7631031 7631624 7631624 7634745 17724680984324 17724680984 17724680984 18639830220324 18502223806220 4673724 18502223806220 7637804 17724646386820 17724646386 17724646386 17724646386 4677556 4675188 15616275030321 15616275030321 15616275030 18502223806321321 18502223806 7639036 Okkechobee Office Supply Okkechobee Office Supply Okkechobee Office Supply 7633102 7631717 18887998772 13055534626324 18887998772 7635831 7632426 7632426 7632426 7633012 7631717 7631717 19549331082820 9549331082 9549331082 OKEE BLDG DEPT 7631717 18554541585 18554541585 18554541585 18554541585 7634745 cue -so) g\t' 09, rtA FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX FAX KyUCERa 07/09/2014 19:27 00.002.003] [2H7_7000.013.006] Page Result 41" 33" 48" 57" 42" 49" 16" 12" 22" u uu 24" 0°00'39" 0°00'05" 0°00'34" 0°01'31" 0°00'18" 0°00'17" 0°00'15" 0°00'47" 0°00'55" 0°02'46" 0°00'46" 0°00'04" 0°00'24" 0°00'06" 0°00'33" 0°00'19" 0°00'27" 0°00'23" 0°00'40" 0°00'26" 0°02'08" 0°00'23" 0°00'33" 0°00'52" 0°00'25" 0°00'20" 0°00'21" 0°00'59" 0°00'26" 0°01'11" 0°00'30" 0°00'23" 0°00'30" 0°01'15" 0°00'46" 0°00'40" 0°00'40" 0°00'40" 0°00'43" 0°00'39" 015 001 003 000 003 003 000 000 001 001 001 000 003 004 000 000 000 001 000 010 000 000 001 000 002 001 001 001 000 001 005 001 001 002 000 000 000 002 001 003 001 000 000 003 002 000 000 000 000 001 OK OK OK U01011 OK OK BUSY BUSY OK OK OK BUSY OK OK BUSY BUSY CANCELED OK CANCELED OK E01700 CANCELED OK BUSY OK OK OK OK BUSY OK OK OK OK OK U01040 U01040 BUSY OK OK OK OK CANCELED CANCELED OK OK BUSY BUSY BUSY BUSY OK [ QHY9602013 ] 4. Special Exception (Code) 70:373 (f)Nonuse. If the special exception use granted by the board of adjustment should fail to exist or fail to be used for a continuous period of 180 days, then such use shall lapse and the current owner be required to reapply as provided in this division. In case of hardship, where the loss of such special exception would materially affect the integrity of any mortgage or other financing arrangement on the subject real property, the board of adjustment may consider such hardship in granting a renewal of such special exception. r Pags 1 of 1: ffs !.muse If the special exception use granted by the board of ad;ustnent should fail to exist or fail to be used For a continuous penod of 180 days then such use shall lacx.e and the current owner b.- required to rear, iy as provided in tis dvisten In case cf hardshp, v,here the los; Of such special exception would materaUy affe:t the integrity of any mc,tgsgs or other financrna arrangement on the subject real property. the board of ad,ustmest may consider such hardsh,p o granting a reneroal of such special exception https://library.municode. com/showDocument. aspx?clientID=113 66&j obId=179679&docID... 6/5/2014 2740 80-1 80-93 80-96 80-87 APPROVAL OF MINUTES Councilman Burk moved to approve the minutes of the October 29th and November 3rd, 1980 meetings, seconded by Councilman Knight, vote carried. REZONING REQUEST - GARY R. FRAZIER Chairman Douglas presented for second and final hearing the rezoning request of Gary R. Frazier, for Lots 11 and 12, Block 35, First Addition to South Okeechobee, from Commercial to Residential,"Single Family. There were no objections to the zoning change voiced. Councilman Knight moved to accept the recommendation of the Planning Board and grant the rezoning of Lots 11 and 12, Block 35, First Addition to South Okeechobee, seconded by Councilman Chapman. Chairman Douglas read by title only the Amendment to Zoning Ordinance #402 as follows: ORDINANCE AMENDING ORDINANCE NO. 402, BEING THE COMPREHENSIVE ZONING ORDINANCE WHICH ESTABLISHES ZONING REGULATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA, AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF. AMENDMENT CHANGES CLASSIFICATION OF SPECIFIED LAND FROM COMMERCIAL TO RESIDENTIAL, SINGLE FAMILY (RSF). Chairman Douglas then called for a vote on Councilman Knight's motion, all in favor, . motion passed. HARRY HORRICK/MARVIN WHERRELL, SR. ALLEY BEHIND FIRST SAVINGS AND LOAN Mr. Harry Horrick appeared before the Council to restate his request for the alley behind First Savings and Loan Association to be made one-way only, west to east. Mr. Marvin Wherrell, Sr. also requested permission to pave an additional ten feet (10') of the alley to accomadate a second drive -in -window to be installed. Attorney Conlon advised a one-way alley can be established by a motion at this meeting, however, it must also be done by an ordinance if Council wished it to be enforced by the police department. Councilman Knight moved to establish the alley behind First Savings and Loan as one-way from west to east with the Association reimbursing the City for the purchase of the necessary signs and granting the paving of ten feet (10') of the alley, seconded by Councilman Burk, vote carried. PLANNING BOARD RECOMMENDATIONS Attorney Conlon advised that the two recommendations for amendments to Zoning Ordinance 402, received from the Planning Board, must go back to the Board for a public hearing. Conlon suggested the Council include a third possible amendment of the rear set -back requirements for Commercial buildings. Councilman Burk moved to instruct the City Attorney to present the three recommendations to the Planning Board for consideration, seconded by Councilman Chapman, vote carried. COMMUNICATIONS FROM DEPARTMENT HEADS A. CITY ATTORNEY 1) NEMEC CASE 1 [ T T I TT T 35 .__�. .,._�—�: —�:_vt_ .` ._. ..i.J T;. �JR"?r !ti5 l`xL.�krslaif`11,''y,,'i:LfFii�jrw-. e_i+^,. '.y'ta`,.:L s; -:.i8.?. •1., + s:.k_,.pX'..�a'^.',^�:,c'I �' �t - `4+�-•'Y�^�=.Yim: .. �.�,...:!,",;,:C.Yi .- .`....:_-_;.. r.';,.`w i-ayi^.::„f -.oL ^,wrQI.tacQJ.$ 1��451o�--2-4�:,.a+�4;}M,,, VII. PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion regarding proposed Ordinance No. 1002 continued. c) Vote on motion. C. 1. a) Motion to read by title only proposed Ordinance No. 1003 regarding Rezoning Petition No. 07-014-R, submitted by Building Blocks Day Care Center, to change the zoning designation from CLT to CPO on Lot 7 and the North half of Lot 8 of Block 40 and Lots 11 -12 of Block 35, First Addition to South Okeechobee - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1003 by title only. 2. a) Motion to adopt Ordinance No. 1003. 9. The proposed use has not been inordinately burdened by unnecessary restrictions as the only restrictions on the proposed use are those associated with a PUD, which along with the compensating flexibility of the PUD, is especially suited to properties on which are situated environmentally sensitive lands. Mayor Pro -Tem Watford yielded the floor to the applicant. Attorney John Cassels and Mr. Rasco were present to address any questions. Council Members Markham and Watford noted this plan appears to be a better fit than the previous proposed development that was denied. h was also noted that the separate parcel to the North of 91h Street was not part of this application. Mayor Pro Tem Watford asked whether there were any comments or questions from the public? There were none. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member L. Williams moved to read by title only, proposed Ordinance No. 1003 regarding Rezoning Petition No. 07-014-R, submitted by Tammy Black, owner of Building Blocks Day Care Center to change the zoning designation from CLT to CPO on Lots 7 and the North -half of 8, of Block 40 and Lots 11 through 12 of Block 35, First Addition to South Okeechobee; seconded by Council Member C. Williams. VOTE KIRK- ABSENT MARKHAM - YEA WATFORD - YEA C. Mums - YEA L. WIwAMs - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1003 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM LIGHT COMMERCIAL (CLT) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 1003; seconded by Council Member C. Williams. 36 DECEMBER 4,2007- REGULAR MEETING - PAGE 10 OF 18 VIL PUBLIC HEARING CONTINUED. C. 2. b) Public discussion and comments (on proposed Ordinance No. 1003). The subject property has an existing daycare facility on site. The CPO Zoning is to remedy a mistake made in 1994 when the applicant received a CLT zoning which did not allow the daycare. As such, the applicant has requested CPO that allows a day care facility as a special exception use, which was obtained and granted several years ago. The Planning Board is unanimously recommending approval, as well as Planning Staff, based on the findings summarized from the Planning Staff Report: 1. The proposed use is not contrary to Comprehensive Plan requirements. Neither the existing use nor the CPO zoning is contrary to the requirements of the Comprehensive Pian. The Future Land Use Map shows that the subject property is within the Commercial category and the request for CPO zoning is consistent with the Commercial Future Land Use category. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. A day care center is authorized as a special exception use under the requested CPO Zoning district. The applicant will need to submit an application for a special exception to allow continuation of the current use. 3. The proposed use will not have an adverse effect on the public interest. There is no evidence that the existing use has had an adverse affect and none are expected in the future should the use continue. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The existing use has been compatible with the surrounding area and will continue to be under the proposed CPO zoning. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Continuation of the day care facility at this location will not affect property values in the neighborhood. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The use can be buffered with landscaping should it be necessary. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The existing use will not increase demand upon schools or utility services. Traffic impacts will be minimal as there will be no increase in the flow of traffic on the surrounding roadways. In fact, retail and personal service usesare allowed in the CLT district, but not in the CPO district, are typically more intensive and have the potential to generate higher volumes of traffic than the limited office and special exception uses allowed in the CPO district DECEMBER 4, 2007 - REGULAR MEETING - PAGE 11 OF 18 VII. PUBLIC HEARING CONTINUED. C. 2. b) Public discussion and comments on proposed Ordinance No. 1003 continued. c) Vote on motion. D. 1. a) Motion to read by title only proposed Ordinance No. 1004, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -013 -SSA, submitted by Steven Ramunni, Esquire, on behalf of property owner, Mary Ann Newcomer - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1004 by title only. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Continuation of the current use will create no traffic congestion, flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The property is subject to no extraordinary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to the owner. Mayor Pro Tem Watford asked whether there were any questions or comments from the public? There were none. The only comment from the Council was that this basically is to clean-up a problem that was created when the new land development regulations were adopted. The existing use was permitted to remain, although the type of zoning that was previously designated CII was changed to CLT. However, upon sale of the property, bringing all codes up to date was triggered, causing the rezoning. VOTE KIRK- ABSENT MARKHAM - YEA C. WILUAMs - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Council Member L. Williams moved to read by title only proposed Ordinance No. 1004, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -013 -SSA, submitted by Steven Ramunni, Esquire, on behalf of property owner, Mary Ann Newcomer; seconded by Council Member C. Williams. VOTE KIRK - ABSENT MARKHAM - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1004 by title only. "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACTOF LANDMORE PARTICULARLY DESCRIBED HEREINFROM COMMERCIALTOINDUSTRIAL; PROVIDING FOR INCLUSIONOFORDINANCEAND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 37 - CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS OCTOBER 18, 2007 SUMMARY OF BOARD ACTION E. Consider Rezoning Petition No. 07-014-R, submitted by Tammy Black on behalf of property owner Building Blocks Academy to change the zoning designation from Light Commercial (CLT) to Commercial Professional Office (CPO) for property located at 1811 Southwest 2nd Avenue, Lot 7 and North one-half Lot 8, Block 40; Lots 11 and 12, Block 35; First Addition to South Okeechobee, Planning Consultant. Consider Rezoning Petition No. 07-014-R, submitted by Tammy Black on behalf of property owner Building Blocks Academy to change the zoning designation from Light Commercial (CLT) to Commercial Professional Office (CPO) for property located at 1811 Southwest 2nd Avenue, Lot 7 and North one-half Lot 8, Block 40; Lots 11 and 12, Block 35; First Addition to South Okeechobee. Mr. Brisson addressed the Board regarding the rezoning petition. He reported LaRue Planning Staff recommends approval. Chair Ledferd asked whether the Board or any citizens wished to speak. There was no response. Board Member McCoy moved to approve Petition No. 07-014-R and recommend City Council change the zoning from Light Commercial (CLT) to Commercial Professional Office (CPO) for property located at 1811 Southwest 2nd Avenue; seconded by Vice Chair Hoover. VOTE LEDFERD-YEA BURROUGHS-YEA O'CONNOR - YEA HOOVER -YEA JOHNS - ABSENT MOTION CARRIED. KELLER-YEA JUAREZ-ABSENT MCCOY-YEA MAXWELL - YEA Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. &3- 1ik33/jq Uniform Land Use Application Rezone • Sp ecial.Exception • Variance ✓ . Date: 17 +,w Petition No. ! b I -orf-A r�d City of Okeechobe General Services epartment 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 '•Notices A P P L 1 C A N T Fee Paid: VA j y Jurisdiction: f 6 jce:, Is there a cUtietit ttr ti .cur tt'.' U1 lh �1 ut Lotiii; l.idinattce" If so. desct Il)e- 1st Hearing Op IG 1 8 2nd [jeering: i� 1.6)-k- 94-1 D"j Publication Dates:• • I Mailed:• f Actions Requested: Rezone ( l/'Special Exception ( ) Variance Name'of contact person (state relationship): 4 +A .i a �� ' Uniform Land Use Application Rezone • Sp ecial.Exception • Variance ✓ Nameof property owner(S): 8 - s(:), L[ p a t<.ee... r�d O .P E R T Y A P P L 1 C A N T Owner mailing address: • [el sw Z FW Name of applicants) if other than owner (state relationship): Is there a cUtietit ttr ti .cur tt'.' U1 lh �1 ut Lotiii; l.idinattce" If so. desct Il)e- Have there been any land use applications concerning all or part of this property in the last year? nature and applicant's name: \ f ec TOmm 3 c d - iG. E Z i r' If so, indicate date, y is a sale subject to this application being granted? Applicant mailing address: • South: ( -? East:,it West: •. Existing zoning: Future Land Use classification: f Actions Requested: Rezone ( l/'Special Exception ( ) Variance Name'of contact person (state relationship): 4 +A .i a �� ' Parcel Identification Number: Contact person daytime phone(s): - �. I 1�� L—r # t1 r F as ��'I w 1� r 7 s W Property address / directions to property: g , • a1► ,_ . • indicate current use of property: t j l %151( S (thmo f (if none, so state): O .P E R T Y Describe im.r.v- encs on pol.erty, i. i *. luding nu..ter/type o dwellings and whether occupied , .:J r Approximate number of acres: Is property in a :.n d subdivision? Is there a cUtietit ttr ti .cur tt'.' U1 lh �1 ut Lotiii; l.idinattce" If so. desct Il)e- Have there been any land use applications concerning all or part of this property in the last year? nature and applicant's name: \ f ec TOmm 3 c d - iG. E Z i r' If so, indicate date, y is a sale subject to this application being granted? Is the subject parcel your total holdings at that location? if not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: South: ( -? East:,it West: •. Existing zoning: Future Land Use classification: f Actions Requested: Rezone ( l/'Special Exception ( ) Variance Parcel Identification Number: 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. tf t n. imprisonment of up to 30 days and may result in the summary denial of this application. /401/7"/ 64 - 1. Sic ture Printed Naene Date Uniform Land Use Application (rev. t/03) Pq VP, . Pace I of 2 Uniform Land Use Applica!ion ire\ !iOf1 Page 2 of 2 Current zoning classification: e...,14- Requested zoning classification : Q R E . E' What is your desired permitted use under the pro osed classification: t t liktb, � � �,. c : 1 ihii_ • Are there other similar uses in the area? 1P so, describe:?G✓' OThe-2 In U's �EF�- - If granted, will the new zone be contiguous with a like zone? �J Why would granting your request be in the best interest of the area and residents? If business briefl (lest ribe naune including number of employees—bouts. noise generation and act IN itie. to he conducted nu!ade of ;1 butIrhii. 3 cE Fti-Nche.ct Is a Special Exception necessary for your intended use? yp Variance? . Uniform Land Use Applica!ion ire\ !iOf1 Page 2 of 2 Describe the Special Exception sought: . • v A R 1 A N C E s. P E C I A L EXDnAex,S, C E P T 1 0 N Provide specific LDR ordinance citation: • Are there other similar uses in the area? 1P so, describe:?G✓' OThe-2 In U's �EF�- C W CLCOGi�' Why would granting your request be in the best interest of the area and residents? If business briefl (lest ribe naune including number of employees—bouts. noise generation and act IN itie. to he conducted nu!ade of ;1 butIrhii. 3 cE Fti-Nche.ct Uniform Land Use Applica!ion ire\ !iOf1 Page 2 of 2 Describe Variance sought: v A R 1 A N C E Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Applica!ion ire\ !iOf1 Page 2 of 2 BUILDING BLOCKS ACADEMY 1811 SW 2ND AVE. OKEECHOBEE FLA. 34974 TO : OKEECHOBEE COUNTY. REZONE 1811 SW 2N' AVE Granting this request is in the best interest of this community because I employ 18 full time people, and provide childcare. for the working parents in the area. In describing my business I employ 18 people . Provide childcare for working parents. My hours are 6:30am-10:00 pm mon-fri. Sat care is also available. The noise generation is at a minimum, only children on playground outside can be heard nearby. Outside activities are only on playground. To my knowledge there has never been a question of any noise generation. P�Iiq rt E 'M ..,.-.• uz:f s eR11..le4s14 pwlPd p03npold 0014 p luapts04t #51.Iia' ' 6lsd sl eysNH •uollelodloo eta to impact uo -ow 'vivo plry0 rvool8 eulp11n8 VMS 0{ :u W ppm 'Liatuga j to kr qua op ew al010q Psel Lim mei. 1.•0um4ou10-4060,01 aiu vo41gmP41u0P10e 01.-(112 00003 oeppg u '0Dm0 'pH BMtl gflP 38 166P Sold'PueP(oPIS ePuotIll Ptl4o*31O019 '' P11n9 . `/ 711 ooue€ajd Lap 01 PGJeM10P pug BOOB '{'vti61 velum 000gv pug ,moa p1101mp O41 oluo0ald 90044 pwlae0 P4Jw peu610 004/0400/) Pres eta'd031i3HM SS3 WM Nt t}'d%h w-7'jd ado uNnoo VOIHO1d d0 31VJS 010014 P01WI z4 ce.41M. 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NORTH GRAPHIC 'SCALE REDUCED lwrm) I web, - 80 rt. OESCRPT1QN: LOTS 11 & 12 , BLOCK 35 & LOTS 7 & N7 2 OF 8. BLOCK 40 FIRST ADDITION TO SOUTH OKEECHOBEE P.B. 1, PO. 17. wag -ix= COUNTY PUBLIC RECORDS PARX.. 'D: (L07S 11 & 12. BLOCK 35) 3-28-37-35-0050-00350•-0110 (LOT 7 & N1/2 LOT 8, BLOCK 40) 3-28-37-35-0030-00400-0070 ADDRESS; 1911 & 1903 5.W. 2ND AVENUE F.I.R.N. ZONE: LOTS UE IN CITY UMTS Cr 0 (0DIOBEE ROOD ZONE NOT DETERIAINED, PROJECT SPECIFIC NOTES: 1. UNLESS SH04., OThERy15ZZ. ALL DINENSICNS ARE PLAT(P) AND LIEASURED(I ). 2. THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS GF LOCAL CONCERN. 3. THE DESCRIPTION SHOWN HEREON WAS PROVIDED BY CUO4T OR CUENPS RFYRESENTATIVE. 4. DATE OF LAST FIELD SURVEY: 11/24/03. PREPARED FOR THE EXE•.) USE CF: BUILDWC BLOCKS or OK=CNBEE. INC. BUSINESS LOAN CENTER OCEANSDE TIT„E, INC. STEW'ART TITLE GUARANTY CO. HALEY. SNACRA, PAUL AND TOLANO, P.A. 3 • SN 0 0 01 01 z' biChiR maw 1.4arr Ft -04. /9•0111100.0 N 89'51'48' W 142.50' 1414 Ra.2 w' w V 0 0 O 0 U! 0 0 012 tar. 50' . • I A (ttt (1 VJ N £T 12 Pt &T 1107 T Vl 41 NOT W OSE (40' RATTED 8/1/) ► .r r.r. Mot KO I -11Z . or N O YI I MOCO 2 N 89'51'48" W 142.50' ZOOM In tar .1 1412 LEGEND cr-Sol Iron Roo one C.p 7195 6710 ■-Fwn4 0,4 e-rwAt 4an Roo ir+4 Coo) • -Fwno opo (NW Cop) .08RENATIONS ro� w... mo.. re.0R.,r4 we FO.m *-1 S 4er 40.004000 K C..S FNI.[.M, t7•.... a o.+.t 101..0.00 44.....1.5 h.r..- 110. .. �r�n. 0014.00. 144.140 ..t 442,') linos 00000 111,00,0oroo .0.0. N.A. (9.,") a SIM aN. . - f . a+e.ow..w Iles R+s.w.rn o.+..t r 4......ED.- I. -1.I r c.... to, ... (1,0...... (2.t0...a.t .041.09411 a 2.000...(1-r1*I 111,4,01 .0*0.0. (*.At 1001'.00.0l ...-nr ......t 01.M 11,. 0940.11.. 41141 M ..rt 0 0.0001.00*411 .I. K1w Wto VI ,1A0O( ).,4$1M• 00041. 2.0.0 o.0. l 000. STANDARD NOTES 1. 4..1rr. o, 8.0 wane rrpan. lar yt.oNytkn of o.ner.np vr rIOVITIOP0110 allocung Yt. Iaa4. .Nolen 242 ostoarr's4 ay tn. w411)4.. 2. TM .wvoy o.e.,oa non Y prwrw aW.Mt)1 to' Th.. p1144 008.4. S Lty n oonomany .r 81oury 4r000moo4 by 41..r4oaa' Nr 0.4 by *taw. ora .p41.l1Nary 0r..4. 4. not 414 114'0.{ (7..g000. aW rn4ae.d sod Or PIar14o Fm410o4 ar..yer aW magi, /4826 S 'Niro on ^9 ,b. plow (741014 oA4bp 9,,04! oomph A enowt. 6. No phenol r4* 004. to 412(2 w4ry4104 atpr.awllnte ono/or ancre(wn.yto OF en) w pat of 7. Too aro,..at 010.000 41 0amr404. IRA minimum t.4napa ot4noa.. MaDt41,4 ay tn. Ft.t4p 81x1 of S*'...o•r ono 1w0pro (014.4 r 01017-6. F.A.C) p.rarnt to Swaim 472.0277 RoMw Swahtor • TRADEIINDS PROFESSIONAL SEM SURVEYORS AND 11APPE0 • 200 &Y. Ord Ammo alomeholumg, rt. 54274 T.1 (885) 783-2887 111a.Gvvu441- rBrlAretr- 44. •Zann.ta A. 8r..t>; Ir. (PS11 4820) c..rl..r ..u..a... 1 ADD ACREAGE 09/04/07 1LE WC KA8 BOUNDARY SURVEY (UPOATt) 11/25/03 FILE WC KA8 POUNOARY SURVE'' 5170 07/03/01 FILE JS KA8 9:SCorrnOA 7✓7 0477 !e/.G 9r 74' tu"F 1' • 20' 44.rwc NWwce s„a7 of t 17591 J LEGEND cr-Sol Iron Roo one C.p 7195 6710 ■-Fwn4 0,4 e-rwAt 4an Roo ir+4 Coo) • -Fwno opo (NW Cop) .08RENATIONS ro� w... mo.. re.0R.,r4 we FO.m *-1 S 4er 40.004000 K C..S FNI.[.M, t7•.... a o.+.t 101..0.00 44.....1.5 h.r..- 110. .. �r�n. 0014.00. 144.140 ..t 442,') linos 00000 111,00,0oroo .0.0. N.A. (9.,") a SIM aN. . - f . a+e.ow..w Iles R+s.w.rn o.+..t r 4......ED.- I. -1.I r c.... to, ... (1,0...... (2.t0...a.t .041.09411 a 2.000...(1-r1*I 111,4,01 .0*0.0. (*.At 1001'.00.0l ...-nr ......t 01.M 11,. 0940.11.. 41141 M ..rt 0 0.0001.00*411 .I. K1w Wto VI ,1A0O( ).,4$1M• 00041. 2.0.0 o.0. l 000. STANDARD NOTES 1. 4..1rr. o, 8.0 wane rrpan. lar yt.oNytkn of o.ner.np vr rIOVITIOP0110 allocung Yt. Iaa4. .Nolen 242 ostoarr's4 ay tn. w411)4.. 2. TM .wvoy o.e.,oa non Y prwrw aW.Mt)1 to' Th.. p1144 008.4. S Lty n oonomany .r 81oury 4r000moo4 by 41..r4oaa' Nr 0.4 by *taw. ora .p41.l1Nary 0r..4. 4. not 414 114'0.{ (7..g000. aW rn4ae.d sod Or PIar14o Fm410o4 ar..yer aW magi, /4826 S 'Niro on ^9 ,b. plow (741014 oA4bp 9,,04! oomph A enowt. 6. No phenol r4* 004. to 412(2 w4ry4104 atpr.awllnte ono/or ancre(wn.yto OF en) w pat of 7. Too aro,..at 010.000 41 0amr404. IRA minimum t.4napa ot4noa.. MaDt41,4 ay tn. Ft.t4p 81x1 of S*'...o•r ono 1w0pro (014.4 r 01017-6. F.A.C) p.rarnt to Swaim 472.0277 RoMw Swahtor • TRADEIINDS PROFESSIONAL SEM SURVEYORS AND 11APPE0 • 200 &Y. Ord Ammo alomeholumg, rt. 54274 T.1 (885) 783-2887 111a.Gvvu441- rBrlAretr- 44. •Zann.ta A. 8r..t>; Ir. (PS11 4820) c..rl..r ..u..a... 22 NOVEMBER 6, 2007 - REGULAR MEETING - PAGE 8 OF 12 AdTt4,. 00i$ USSION: d: VIII. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. c) Vote on motion. C. 1. a) Motion to read by title only, and set December 4, 2007 as a final public hearing date for proposed Ordinance No. 1003 regarding Rezoning Petition No. 07-014-R, submitted by Building Blocks Day Care Center to change the zoning designation from CLT to CPO on Lots 7 and the North half of 8 of Block 40 and Lots 11 -12 of Block 35, First Addition to South Okeechobee - City Planning Consultant (Exhibit 4). b) Vote on motion. Also, Council Member Markham asked whether the final project will be presented showing the changes such as the roads to accommodate the ladder truck? Mr. Sumner replied, No, unless there are substantial changes, in which they are not anticipating. Council Member C. Williams asked whether the roads will be dedicated to the City? Attorney John Cassels, answered the primary roads will be dedicated to the City, but the alley roads where the homes have their access will be under the homeowners association. He also stated that this project is "what you see is what you get.' Mr. Jose Rasco, addressed the Council, stating we believe strongly in Okeechobee and we did not want to give up on the project so we went back to the drawing board, and have presented a project that is compatible. Mr. Haynes Williams, spoke on behalf of the applicant, to reassure the Council that they have been a part of Okeechobee for many years and they will follow through with this project. Council Member C. Williams, noted for the record, that the property owner is one of his active insurance clients. Attorney Cook stated that he could still vote, he did not see it as a conflict of interest. VOTE KIRK- YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILUAMs - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to read by title only, and set December 4, 2007 as a final public hearing date for proposed Ordinance No. 1003 regarding Rezoning Petition No. 07-014-R, submitted by Building Blocks Day Care Center to change the zoning designation from CLT to CPO on Lots 7 and the North -half of 8, of Block 40 and Lots 11 through 12 of Block 35, First Addition to South Okeechobee; seconded by Council Member C. Williams. VOTE KIRK - YEA MARKHAM - YEA C. WIWAMs - YEA L. WIIJJAMs - YEA WATFORD - YEA MOTION CARRIED. NOVEMBER 6, 2007 - REGULAR MEETING - PAGE 9 OF 12 2 3 VIII. NEW BUSINESS CONTINUED. C. 1. c) City Attorney to read proposed Ordinance No. 1003 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 1003. C. 2. b) Discussion. c) Vote on motion. D. Motion to adopt proposed Resolution No. 07-11 regarding the Police Department Computer Software Lease Agreement - City Administrator (Exhibit 5). CC14~�1GTIQN tDISCfJSSION-VOTE '4-44=5.651, a=Y' Attorney Cook read proposed Ordinance No. 1003 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM LIGHT COMMERCIAL (CLT) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 1003; seconded by Council Member C. Williams. Mr. Brisson explained that this is to correct the zoning to allow for the permitted use of the existing day care. The applicant already has a Special Exception. VOTE KIRK - YEA MARKHAM - YEA C. WILLIAMS - YEA L. WILLJAMS - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to adopt proposed Resolution No. 07-11 regarding the Police Department Computer Software Lease Agreement; seconded by Council Member Markham. Attorney Cook read Resolution No. 07-11 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A LEASE -PURCHASE AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND GOVERNMENT CAPITAL CORPORATION FOR THE PURPOSE OF THE PROCURING OF THE "LAW ENFORCEMENT SYSTEM" PROVIDING FOR AN EFFECTIVE DATE." Administrator Whitehall remarked this is a matter of formality. The Council approved the Software Computer Program bid to Spillman Technologies, Inc. at the September 19, 2007 meeting. The amount of one hundred ninety-four thousand, eight hundred thirty-eight dollars ($194,838.00) will be amortized over five years. The schedule is as follows: January 15, 2008, total payment of forty-four thousand, three hundred eighty-five and sixty cents ($44,385.60); January 15, 2009, total payment of forty-four thousand, three hundred eighty five and sixty cents ($44, 385.60); January 15, 2010, total payment of forty-four thousand, three hundred eighty-five and sixty cents ($44,385.60); January 15, 2011, total payment of forty-four thousand, three hundred eighty-five and sixty cents ($44,385.60); and January 15, 2012 total payment of forty-four thousand, three hundred eighty-five and sixty cents ($44,385.60). AGENDA V. PUBLIC HEARING CONTINUED. D. Consider Rezoning Petition No. 07-013-R continued. Application will be forwarded in ordinance form for a final Public Heanng on December 4, 2007 before City Council. E. Consider Rezoning Petition No. 07-014-R, submitted by Tammy Black on behalf of property owner Building Blocks Academy to change the zoning designation from Light Commercial (CLT) to Commercial Professional Office (CPO) for property located at 1811 Southwest 2"4 Avenue, Lot 7 and North one-half Lot 8, Block 40; Lots 11 and 12, Block 35; First Addition to South Okeechobee, Planning Consultant. Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. CLOSE PUBLIC HEARING VI. NEW BUSINESS. A. Consider motion to amend City of Okeechobee Planning Board/Board of Adjustment and Appeals June 21, 2007 Summary of Board Action, Quasi -Judicial item H. Variance Petition No. 07-001-V submitted by John Raddatz on behalf of property owner Southeast Milk, Inc: Chairman Ledferd OCTOBER 18, 2007 PLANNING BOARD/BOARD OF ADJUSTM NT AND APPEALS - PAGE 7 of 9 . ACTION - DISCUSSION - VOTE Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. Consider Rezoning Petition No. 07-014-R, submitted by Tarnmy Black on behalf of property owner Building Blocks Academy to change the zoning designation from Light Commercial (CLT) to Commercial Professional Office (CPO) for property located at 1811 Southwest 2nd Avenue, Lot 7 and North one-half Lot 8, Block 40; Lots 11 and 12, Block 35; First Addition to South Okeechobee. Mr. Brisson addressed the Board regarding the rezoning petition. He reported LaRue Planning Staff recommends approval. Chair Ledferd asked whether the Board or any citizens wished to speak. There was no response. Board Member McCoy moved to approve Petition No. 07-014-R and recommend City Council change the zoning from Light Commercial (CLT) to Commercial Professional Office (CPO) for property located at 1811 Southwest 2nd Avenue; seconded by Vice Chair Hoover. VOTE LEDFERD-YEA BURROUGHS-YEA O'CONNOR - YEA HOOVER -YEA JOHNS -ABSENT MOTION CARRIED. KELLER-YEA JUAREZ - ABSENT MCCOY-YEA MAXWELL • YEA Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. CHAIRPERSON LEDFERD CLOSED THE PUBUC HEARING AT 7:37 P.M. Consider motion to amend City of Okeechobee Planning Board/Board of Adjustment and Appeals June 21, 2007 Summary of Board Action, Quasi -Judicial item H. Variance Petition No. 07-001-V submitted by John Reddatz on behalf of property owner Southeast Milk, Inc. Amend page 7 of the Summary of Action of the Planning Board/Board of Adjustment and Appeals on motion 07-001-V from Alternate O'Connor moved to approve Variance Petition No. 07-001-V for a three foot side and rear setback; seconded by Board Member Burroughs, to Altemate O'Connor moved to pass 07-001-V for a variance of 3 feet with approved landscaping as defined by the LDRs; seconded by Board member Burroughs; and to change Maxwell vote from Yea to Nay air Ledferd asked whether there were any comments from the Board. There were none. 87 AUGUST 16, 1994 - REGULAR MEETING - PAGE 3 OF 13 .. .. .... 1,. :mow ..r,„z.., . , ,.. .,.,:.:: .. ,,.. ... .,....: _. ..�,w .a�:a..... ',...,..e. .,.. .: .< ....... .:. "<:, v. .:::, ......:..,'... <....,�.. o-....r....... ._M... ..... ,f.4x .s.�roc. <a.......: „..;......,.. .. ................... ..u;....... �., :: •:....Y ... .. ,,.., ..............•y< h^, aV ``<eS P'�„;^: ,. .,,.......,r ..'nu:, .., .... f, -:.ACTt©. it Cil+l..:e;w::: <� <�'��;.�..'�=� `. ... M. ....,,.,�....... x.. .. ... x .,. a... <.. o...... .., .. v .... .. .. �4 .-Akti:iit:, F. PUBLIC HEARING FOR REZONING ADOPTION Mr. Bill Royce, Planning Director, appeared before the Council explaining this petition is for a rezoning of land from residential single family to light commercial. The property is located at 1903 S.W. 2nd Avenue (Lot 7 and North 1/2 of 8 of Block 40; South Okeechobee) owned by Gary and Deborah Frazier. The Frazier's plan to expand their Building Blocks Day Care Center into this area to open a Pre-School. The Future Land Use Designation is consistent with this request. The Planning Board unanimously recommends that the City Council grant the petition. The Board of Adjustments and Appeals granted the variance and special exception. Mayor Kirk asked if there was any comments or questions from the public, there were none. Councilmember Entry commented he went to the day care center and looked at the proposed site and talked with the property owners around the area and that he did not have a problem with the rezoning or the pre-school. Following brief discussion, Councilmember Walker moved to approve Petition 94- X X X X X 1. b. Consider Petition 94-471-R for a rezoning request from Residential Single Family to Commercial for property located at 1903 S.W. 2nd Avenue - Mr. Bill Royce (E-1). 2. a. Motion to read by title only Ordinance 670 - City Attomey (E-2). 417-R for rezoning from Residential Single Family to Light Commercial at 1903 S.W. 2nd Avenue: seconded by Councilmember Entry. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Councilmember Entry made a motion to read by title only, (proposed) Ordinance No. 670 (closing an alley in Block 29, City of Okeechobee); seconded by Councilmember Watford. 87 Okeechobee City Council August 16, 1994 Staff Report and Recommendation 5-:ast.1 Petition 94-417-R, Gary R. and Deborah A. Frazier. Property ad ress is 1903 S.W. 2nd Avenue In the City of Okeechobee. Request for a change in zoning rom Residential Single Family (RSF) to Light Commercial(C). NOTE: Following this staff report are the staff reports for the Petition No. 94-414-S, a request for a special exception to allow f center in a C-1 zoning district; and Petition No. 94-122-V, a req required set backs. Petition Numbers 94-414-S and 94-122-V ha Board of Adjustments and Appeals with several conditions. The City Council for consideration is Petition No. 94-417-R, a reques from Residential Single Family (RSF) to Light Commercial (C-1) Background The subject parcel is located at 1903 S.W. 2nd Avenue, in the Ci parcel consists of one and one-half lots, for a total size of about 10 east of the subject parcel, and facing South Parrott Avenue, is a c west is residential development. To the north is Building Bloc owned and operated by the applicant. The property to the east is as is most property along South Parrott Avenue in this area. T occupied by Building Blocks Daycare Center is zoned Light Co to the north of Building Blocks Daycare Center is zoned Commer west and south is zoned Residential Single Family (RSF). The ch west and south is primarily residential, while to the north and east Street, which separates the subject parcel from Building Blocks Da street but has not been constructed. Consistency with Land Development Regulations The applicants desire to establish a pre-school at the subject par house for this use. The proposed pre-school is a permitted Commercial (C-2) zoning, or is a use permissible by special excep (C-1). The Commercial (C) zoning district has been replaced by Although land to the east, and facing South Parrott Avenue, is zo suggests that it would be more appropriate to obtain Light Co along S.W. 2nd Avenue, rather than Heavy Commercial, as S. 11 Sladr Roars sad R"o"-d Otaschobee Clgy Couadl Padden 94.4l7 - August 16. 194 o associated petitions, r a day care/pre-school st for a variance from e been granted by the nly petition before the for a change in zoning of Okeechobee. The 688 square feet. To the urch. To the south and Daycare Center, also zoned Commercial (C), the north, the property ercial (C-1). Property *al (C). Property to the racter of the land to the commercial. S.W. 19th care Center, is a platted 11 1, converting an existing principal use in Heavy on in Light Commercial eavy Commercial (C-2). d Commercial (C), staff ercial zoning for land . 2nd Avenue abuts a 11 residential area. The more restrictive uses permissible by the Light mmercial zoning are more compatible with the adjacent residential zoning and devel spment than if Heavy Commercial zoning were obtained in this area. The subject parce is contiguous to a like zoning district to the north, and to a more intense zoning district te the east. Consistency with Comprehensive Plan The subject parcel is located in the Commercial future land use cl ification of the adopted City of Okeechobee Comprehensive Plan. The Commercial cl ification extends from Parrott Avenue to S.W. 2nd Avenue. The proposed development d the proposed zoning classification are consistent with the adopted Comprehensive Plan Staff Recommendation As the proposed zoning classification is consistent with the adopted e mprehensive plan and land development regulations, and as the proposed developmen is compatible with the residential and commercial characteristics of surrounding areas, s recommends that the City Council grant the petition for a change in zoning from Reside *al Single Family (RSF) to Light Commercial (C-1). Planning Board The Planning Board, on July 26, 1994, unanimously recommended at the Okeechobee City Council grant the petition for a change in zoning from Residenti. Single Family (RSF) to Light Commercial (C-1). The Board of Adjustments and A peals also granted two associated petitions. The summary of that meeting follows. William D. Royce Planning Director Staff Rep= sad Recarnmoutadon Okeechobee Ori Council Pedzign 94-4117-2. Agra 16. 1S94 2 Okeechobee County Planning Board Summary of Meeting July 26, 1994 The Okeechobee Planning Board/Board of Adjustments and Appe on Tuesday, July 26, 1994 at 7:00 p.m. in the County Co Okeechobee County Courthouse, 304 Northwest Second Street, 0 Chairman Frank Marsocci opened the July meeting. Board mem Clark, John Smith and Keith Pearce. Members absent were Delagall and Jim Burke. Alternate Renee Hazellief was designat this meeting. Also present were John Cassels, County Attorn Director, Joseph Crum, Code Compliance Director, and Vikki A Agenda Item #2, Petition 94 -U2 -V, Gary R. and Deborah A. Frazi Applicants. Request for a variance from required setbacks. Frank Marsocci stated there are three (3) petitions regarding rezoning from RSF to C-1, a request for a special exception to C-1 zoning district, and a variance from the required setbacks. Mr. Royce stated the applicants wish to convert the existing ho operated in association with Building Blocks Daycare Center. Suc require commercial zoning. The future land use for the entire bl Avenue and Parrott Avenue is commercial. There is a reasonable that part of the city will develop into commercial. Currently, the development on Southwest Second Avenue. In order to acco commercial development a variance would also be required. property is set back 9.5 feet from the south property line. If the Light Commercial, the required setback from the south property the applicant is requesting a change in zoning from Residenti Commercial, the applicant is also requesting a variance of requirement of 20 feet. If the property were not rezoned the ap a variance of .5 feet be granted. Mr. Royce stated he would re approved subject to a condition that there be a substitute buffer f Also, the variance would only be for the footprint of the existin It also became apparent that there was a problem on the north existing house is set back 4 feet from the property line and altho north of the property has not been built, it is still a public stre corner lot from the north property line is increased to 18.75 feet Stag Rat I and n.ccencrmdatica ohm. .. as, Council rano. 9411-R Aap.t 16. 1994 met in regular session ion Meeting Room, eechobee, Florida. present were Monica renda O'Connor, Dan as a voting member for Bill Royce, Planning on, Secretary. property. One for a w a daycare center in a into a preschool to be an establishment would k between S.W. Second xpectation that over time is very little commercial odate the request for e house existing on the roperty were rezoned to e would be 20 feet. As Single Family to Light 10.5 feet from setback licant would request that mmend the variance be r that 20 foot separation. building. ide of the property. The gh the street immediately t. The setbacks for this r 75% of the required 25 foot front setback. If the property were rezoned, the existing encroach 11 feet into the required 15 foot setback. The applic variance from the north setback requirements. The site plan indi playground to the west but flush with the north side of the building feet from the north property line. The recommendation would be t within 4 feet of that right of way so long as that right of way rem time in the future that road was put in the playground should setbacks. Keith Pearce questioned the parking as indicated on the site plan. Mr. Royce stated that according to the regulations parking is allow side yard. Mr. Royce also stated the site plan was submitted du and has not gone through Site Plan Review and has not been app Frank Marsocci stated a child care center is a good transitional us the transition from residential to commercial. Jackie Flood was recognized by the Board. Ms. Flood prese signatures to the Board opposing the child care facility. Mr. Marsocci read the petition into the record. John Smith moved to recommend to the City Council that the va required setback of 20 feet from the south property line be grant conditions: ouse would therefore t is also requesting a ates there would be a and it would also be 4 allow the playground undeveloped. If some e moved to meet the d to be in the required g last months meeting oved. for that area to begin a petition with six (6) e of 10.5 feet from the subject to the following 1) The variance shall be for the footprint of the existi g structure only; 2) A six (6) foot privacy fence shall be provided betw and the residentially zoned property to the south; a 3) If the petition for a change in zoning is not grant granted from the residential setback requirement o footprint of the structure. John Smith also moved to recommend to the City Council that a the required setback of 15 feet from the north property line b following conditions: n the subject property d a variance of .5 feet be 10 feet, but only for the variance of 11 feet from granted, subject to the 1) The variance shall be for the footprint of the exists g structure; Staff Rapon and s Obcchoboli Q1, Council ?ddo.94.417-11 Auer 16.1994 4 - � e 2) No additional permanent structut, other than p encroach on required setbacks so long as the st dedicated right-of-way; 3) The proposed playground may be located no less th property line so long as the publicly dedicated right and therefore unlikely to be utilized by the general built, the playground shall be moved such that It requirements; and 4) If the petition for a change In zoning is not granted, be granted from the residential setback requirement the footprint of the existing structure. The motion was seconded by Monica Clark. The motion carri Agenda Item #3, Petition 94-414-S, Gary and Deborah F Applicants, Request for a special exception to allow a child care in a Light Commercial (C-1) zoning district rmissible fences, shall t remains a publicly 4 feet from the north =way remains unbuilt, public. If the street Is eets structural setback a variance of 14.75 feet f 18.75 feet, but only for nanimously. perty Owners and rater/day care pre-school It was noted that discussion about this petition occurred during ! e discussion for Petition No. 94-122-V, the request for a variance from required setbacks. Monica Clark moved to grant the special exception with the fo ng conditions: 1) Construction of the proposed facility shall begin thin twelve (12) months of the date that the special exception is granted and construction shall continue in good faith, otherwise the special except" • n shall be null and void; 2) The special exception shall be conditioned on conti use ceases for a period of more than six (6) consec than twelve (12) months during a twenty-four (24) exception shall be null and void; and 3) Parking areas and all travelways shall be paved or maintained, including striping, according to the a and as directed by the Site Plan Technical Review uous use such that if the tive months or for more onth period, the special therwise constructed and plicable City regulations Committee; and 4) If the petition for a change in zoning for Resident' Single Family (RSF) to Light Commercial (C-1) is denied by the Okeecho s City Council, the special exception shall immediately become null and void. The motion was seconded by Keith Pearce. The motion carried nanimously. Staff Papas and x.m®.na.don Obachotas City Council T,ddoo 94411-R Angina 141994 5 Agenda Item #S, Petition 94-417-R, Gary and Deborah Frazier, Property Owners and Applicants, Request for a change in zoning from Residential Single Family (RSF) to Light Commercial (C-1). It was noted that discussion about this petition occurred during th discussion for Petition No. 94-122-V, the request for a variance from required setbacks. John Smith moved to recommend to the City Council that a +hange in zoning from Residential Single Family (RSF) to Light Commercial (C-1) be ted. The motion was seconded by Monica Clark. The motion carried nanimously. Staff Raccas and Reoornoadadon ots«bot.s aq a a dl riddo.91-417-R Anon I41994 6 N..� .. • O T .:-:::•.•,.:-.*:::::::::,:-...:.......;. .:ii1 fists' :f C• i:f:: i / . —...::: ::5::::•:'::::::'•::. SFE • :PA• � : k .i01i' _ t tr NO1'IRE .�I.AiLEP. F fi7 NP ilM~• { : _ € >►ECK„IrDHE•Jlpifto.:'_'%%`:- :1, s' ff'AT E U U IEOflU u►w vsr ii. AYE OF PROPERTY OWNERS AME OF APPLICANT IF OTHER THAN OWNER (moil stale idatlen.Mp): •: H net Owner or Attorney at Lara. proof of authority must be provided on Forel' •2 —L. 3q5- q HOME TELEPHONE: WORK TELEPHONE: DIRECTIONS TO PIIOPEATY "( ( S 4-4- WHAT k WHAT 1S CURRENT USE OF PROPER LIG-7.. UU V DESCRIBE IMPROVEMENTS ON PROPERTY Of none. so state) n r P . APROXfMATE NUMBER OF ACRES e O IS PROPERTY PART OF PLA Y DW LUNGS ON H OP • IF 40. $ A ANO WHETHER THEY ARE OCCUPIED A 'e, ' n. QC EO SUBDIVISION? _e S IS THERE ANY CURRENT OR RECENT USE OF THIS PROPERTY THAT WOULD $ IF $0. DESCRIBE (\ U HAVE THERE SEEN ANY LAND USE APPLICATIONS CONCERNING ALL OR PART IF $O. DESCRIBE DATE. NATURE AND APPUCANT'S NAME fl (� IS A SALE SUS.JECT TO THIS APPLICATION BEING GRANTED? n IS THE SUBJECT PARCEL YOUR TOTAL. HOLDINGS AT THAT LOCATION? IF N OR INTENDED USE l e_. A VIOLATION OF COUNTY ORDINANCE? DESCRIBE THE REMAINING USE OR BRIEFLY DESCRIBE ADJOINING PROPERTY USE 7O THE NORTH Tr it (,bt (• SOUTH IT�p %AGf e.t/fG3 r CO :ii: •.SS•: :•i CURRENT ZONING CLASS S t...r iii%:%{%�i%'::%:%%:ii2%i%:�: %:•i%{%•, �;: ::fLi::::::'2 PROPOSED ZON • CLASS WHAT 1S YOUR DESIRED PERMITTED USE UNDER THE PROPOSED CLASS? F GRANTED. WILL THE NEW ZONE SE CONTIGUOUS WITH A LIKE ZONE? A SPECIAL EXCEPTION NECESSARY FOR YOUR INTENDED USE? Y1.1' � VARIANCE? :;:_:::::• ':%ri%i%i(%gig%%i%%%i'fi%iii%'s,E,; .• ::•b:::':.:.:.:.:, .. :.+..::.:•:• •::•.•:: : %g%iii%%i%i:.,. •• :.2•' ::z•s•. f•. %s. :•z%c ;.z.. .i: s. r: z i%i�% •.��y.�y, w. . s i %iii: �•.�/�•�.yQy. c• , r 0. DESCRISE THE SPECIAL EXCEPTION 8000HT: PROVIDE SPECIFIC ZONING ORDINANCE CITATION (Class and axosptlon nuatbar): ARE THERE OTHER SIMULAR USES IN THE AREA. IF 80 DESCRIBE: WHY WOULD GRANTING YOUR REQUEST BE IN THE BEST INTEREST OF THE AREA ANO RESIDENTS? IF BUSINESS. BRIEFLY DESCRIBE NATURE INCLUDING NUMBER PF EMPLOYEES. HOURS. NOISE GENERATION AND ACTIVITIES TO BE CONDUCTED OUTSIDE OF A BUILDING: 7111 I 3 ; 5 (P/ 01.13 `�Q e L, di Wo) /.j lis Ile Gt1/// h''-- 3O (A/fd ,• e Prcf.. 0o l 0,e -s /� D / 2 �A c 1t e -S / �, / w eA C /�S P/A�/ �ro v N t�. Q �~ S l¢ Y :; i??ii?;?;i?;i;i;i?SSSS:?i ilii iE ii=?iii ii ii,•:::: r ani :::;:;:iii:?:::_::�:iTs:€iii€ii€iii•. . ,a 30 e,,✓1.. DESCRIBE VARIANCE SOUGHT: DESCRIBE PHYSICAL CHARACTERISTIC OF PROPERTY THAT MAKES VARIANCE NECESSARY: DID YOU CAUSE OR CONTRIBUTE TO THE CHARACTERISTIC? WHAT IS THE MINIMUM VARIANCE NECESSARY? i;i;:•::i:::i::: i;i?jiiii: i;i:i;Eii iii;iii:iiiiilijliiiiii!l':iii'•iiiiiliiil?i??i?ilii .: i:iii=ii;ii?? eii=:0:i:ii.•. •=•:•:;:;: .• ?:iiiiiiiii?iiijiEE:ii?i;i i:i;iii�i'ii DESCRIBE RULING THAT YOU ARE APPEALING: WHO MADE DECISION YOU ARE APPEAUNO? �I741— DATE OF DECISION: EXPLAIN WHY YOU FEEL DECISION IS IN ERROR. BE SURE TO UST ANY OROINANCE REFERENCES YOU FEEL SUPPORT YOUR POSITION: i = . .:. .•ii ::ilii': iF :;:;E?:; jillll lllllg'lii ;11:10 .411.:11 . o•ilfi ?ill'€.:•:•:•:::. : .. ....... . . ....... .. • DESCRIBE ACTION YOU WISH TAKEN: 7Q c Q nQ p 2 Q n t ...�'1•l�� Jl s F- --1— c-1 J CITE SPECIFIC ORDINANCE AUTHORITY FOR YOUR REQUEST: O NOTE: All rogueing to Planning Board/ Board of Adjustatenta MUST haw spsolfloe Cawnty Ordlnenes Authority. _ CONFIRMATION OF INFORMATION ACCURACY I haat, Era* that the ttdotntotlon in this apploslloa !. ouraot. TM Inloi Mon Marded In this syph afon M for tote y Ota-robso County In pew ray named. Foss or ttislasdkp kflottnsllaa taut be punishable by a lino d up b800400 owl logrhlonertdtg b ea Goa aawM as Ohs mummify dsnW d Mtts appiati/on. . • €;;?iii::;i:i.ii::.>..::::•:::::::::; ...... ?:•y:::?:?i=iii=l::et:•ii'?i: 11 10 1 2 e 2e BUSINESS DISTRICT )NAL OFFICES UE 410' 111, /11111111111 111111111 in1e 101:000v ]Ii�11 1 UR �ee7 VIA 4 12 Nom ■s ■in 111•112111111. minviam INN 11, ism IT 04 %4$40% Ilk \IL 1e) `�\ V1)20 00 'KW MOO a IMO K11 Ntikel b V 41 IIM,17.1 _ NMI 111-YA HI a Inaim ICEMEN 112 ;;1111 tarn 00MEIN wig4aaoa a0ooa�.�o 'a E7 I1 1012117M A g- OD acSW o k' mar misqormi.im: - 2 N- %lir1 2 7 e i Q 1► t i0 4416j - S1 El1 C i nj II u A so NOUN ER tem. MIMI 'Etta MENEM 1111110 KAMMMI ENEll KVII lR7� kill t1© CM O 0 NM NOE T —11 Gu E I _ KAI 0 a D 11 e 2 2 3 c e e e RMH . J c 121 2 2e 2 24 23 \ \\ \ \ \$ \ SUBJECT PARCEL 21 10* t 2 13 u clolse1i1m 4 v1 G a co $ 120 8 ZS •S N y W 3 N NZs 34.3.50 4. s0' - - 30' SA N 07 (O QI 1. m 5 (0 1. It''N 343' 4. s0' W . . •- NCII gyp' 34.1 N L sd - - sp Y r 1! d 1,121 -i z --( -4 W 70' W — 4 :► 0' N • WEST =ad N -i 30' cs N Y. sd os sd = N1. s� sp; Ci X70- t0' 92 $ W N rs t• (i► ;`• g p� 0 *2 • sp' co QI -i m 5 (0 W r sd -• . s0' sd • - N N 30 U? . W . W • N . N Y 73 H • N 4 -i 30' cs N Y. sd os sd = N1. s� • N y + k t0' 92 $ W N rs t• (i► ;`• g p� 0 *2 . 101'' d - �. • N w ? W N — A tN N sd -• . s0' sd • - s0' -i m z -4 -4 O c -i WEST h 4 a ro' 2 so 3.4 Tag Y 3 FIFTH 44 4 DRIVE_J '30' om 30 co so -i 30' cs N Y. sd os sd = N1. s� u1 Sd _n> at I 30r • s5' w C7 t0' 92 $ W N rs t• (i► ;`• g p� 0 *2 . 101'' d - �. J� 4 A ;5C' N N— _ • - o - (D -P • o 50 4 ♦ 1. 1. Cf) 30' (1+< - ? re W • N - _ • N L. — SO Zsd N K (71 - (71 - -4 w sd; 4 W _ :s0' 1t 5 - (O •% '• co 50' -t 1^`. co -.• ;;sd y ny . — . O . to -P•4 . w so -1 NI 4. A s0 . N . • 4.54, 1-A 50 • sd Lt W N . . 4. 11.. — 30' 1441 0 '4 PARROTT co 0 -4 m z -i mJ 1 S N -i m m -4 ti Y rani 10 m s0' 45' 42' 1 WEST FOURTH egl 03 4t.41X19d 4o . l0 30' • 7� sd\ c •S .. t_11 V (so 05 U 4. W N 4.�(jt N 'I -• u '4 fi so. u WM p . � (14 • N • . 4 ... s6 N 30 U? . W . W • N . N Y 73 50 IV • . . Q f J . l0 . 01 sp, V J i - N J0. 1-.. 10i. •-" I/r- - (7! Cn =► W N s0 O (O '4 (N s(i z m m m z -4 S x4 THIRD SECOND • O swam. c S Gl -4 z 1 S K Qa 7 0' U tJ` (N N t m -4 ' y .. 1-.. •-" I/r- 4.4 �lR1j c Qr.H N -! u. R' !1. :.,P•.. 1 I.1. .. F4' S.W.• NINETEENTH STREET 142.5 EXISTING • RES tovAitir 4400,2, ' w•±'! rd r.1ff..* . • t + I OW* 01-01' Meat in I ., err r 1 nnre r'11ITI A f June 21, 1994 William D. Royce Planning and Development Director Okeechobee County, Florida Re: Petition #94-414-S, #94-417-11 Dear Mr. Royce, I am writing in regard to the letter which I received on Friday, June 17. The letter wan a notice concerning the proposed rezoning of the property located at 1903 S.W. 2nd Ave. The owners, Mr. and Hrs. Gary Frazier, wish to have this property reclassified from Residential Single Family to Light Commercial. They wish to turn the residence located on that property into a child care center/day care pre-school. I reside at, and own, the property located at 1905 S.W. 2nd Ave. I request that it be put into record that I strongly oppose this action. I an concerned about the affect this will have on the property value of my hone. Who would wish to live so close to such a facility? Not I. Having one day care center on the street has proven to cause congestion, hazards, and noise. A second center would simply compound the existing problems. Thin rezoning would neither improve the area, nor benefit its residents; several of which are elderly, and do not need the extra confusion. This proposal must NOT be approved. '? • .,1:411 I1661 Juty 22, 1994 We, .the undexs igned nea identb o6 Okeechobee, FZoni.da wLh it to be known that we nequedt the deniat. o6 the phopoaat to Aczone .the pnopenty Zocated at 1903 S.W. 2nd Avenue in ohde, to • attow the ex i at.i.ng home to become an agelc echoo.L day cane 6acaZty. Nan do we agnee with hay.i.ng S.W. 19th St/met penmanentEy cLoaed. NAME 7/7 ADDRESS a w.2i Okeechobee County Board of Adjustments and Appeals July 26, 1994 Staff Report and Recommendation Agenda Item #2: Petition applicants. Property addres for a variance from setback and Petition 94-417-R. Background 122-V, Gary R. and Deborah A. Frazi r, property owners and Is 1903 S.W. 2nd Avenue in the City o Okeechobee. Request uirements. This petition is associat with Petition 92-414-S The subject parcel is located at 1' 13 S.W. 2nd Avenue, in the Ci of Okeechobee +e parcel consists of one and one-half ts, for a total size of about 10, 88 square f . _ . To the east of the subject parcel, and facing • outh Parrott Avenue, is a ch ch. • +' e south and west is residential development. To t e north is Building Blocks r : care Center, also owned and operated by the applicant. .rt e property to the east '. oned Commercial (C), as is most property along South Parrott venue in this are .. To the north, the property occupied by Building Blocks Daycare Cen to the north of Building Blocks Daycare Cen west and south is zoned Residential Single F west and south is primarily residential, while Street, which separates the subject parcel street but has not been constructed. zoned : 1 t Commercial (C-1). Property is z • ed Commercial (C). Property to the (RSF). The character of the land to the e north and east is commercial. S.W. 19th B + ding Blocks Daycare Center, is a platted The house existing on the prope . • is set back 9.5 fee am the south property line. With the current Residential Single amily zoning, the req ' d setback is 10 feet. The existing house therefore encroac into the required setback ' .5 feel. If the property were rezoned to Light Co ercial, the required setback from south property line would be 20 feet, which is e required setback for commercial zonin: districts when such districts abut a reside ' ally zoned district. The property to the south 's zoned Residential Single Family a applicant is requesting a change in zoning from ' esidential Single Family to Ugh Commercial, the applicant is also requesting a variance o 10.5 feet from setback requirement of 20 feet. On the north side of the property, the existing house is set back 4 feet om the property line. Although the street immediately north of the subject property has s qt been built, it is still a public street. Accordingly, the setback for this corner lot from the lnorth property line, which normally would be 10 feet, is increased to 18.75 feet, or 75% of the required 25 foot front setback. The existing structure therefore encroaches 14.75 feet into the required setback. For commercial zoning, the required side setback for a corner lot is -15 feet, or Stiff liapa t sad it.mumriaa,d a Okeechobee Q7 Bard at Ad4osaman sad Appeals ?add= 94-122-V lo17 741991 OFFICE OF THE CITY CLERK RECORDS RESEARCH AND/OR REQUEST FORM Today's Date: GliailLt Date Required: A54.19 Contact Name: Email: blind/L. Phone: Fax Number(s): •Note: Contact info above is NOT a requirement to receive records USE BACK OF FORM IF MORE SPACE IS NEEDED Objective of Research/Records being requested: bavare Use, - i 811 ,S IA) and are.. 6L 140 Log i n) qa 0 P 1-04- b 61_ 35 L045. 11091 haveleeel Need 4-o knot)) i4 4 -here, lai•oJJ1_0,4- dal -raiz ILYIS Re,kon (i14.5 e: cial cci`eePh6ls Bridd hchurs/13/Lainj ia,rd Use Chancv % • llocks • Results of Research: Records Room Location: Rexonfr)a oq-004--k cur- e Po VD -101m q4_ lag -V J (40- Lii-l- ns r-- — 6 Peva.' EY e..)2. -P —0 VI/3o a _ 12) g f RESEARCH TIME & COPY FEES PER RES NO. 09-05: • Research Start Time: Stop Time: Total Hrs: (x) $ . /hour $ •Research lime over 15 minutes considered extensive & must be charged for No. of pages (single sided): x 15¢ each $ No. of pages (double sided): x 20¢ each $ Other: $ Of request Is for building plans/permits, include notation for them to follow up with County Planning & Development, as records prior (0 1996 aro housed there. Exception: wo have some commercial plans only, review inventory first. Response reviewed by Clerk prior to release: OYesDNo Clerk's Notes: ' • Research Completed by: Date: Receipt No. Total Cost $ Request to Check Out Record(s): -Records cannot be chocked out PAST close of business day & require approval of Clerk. If not an employee, a copy of drivers license must be attached. Out/Signature: Date: Returned/Signature: . Date: Update Records Management/Laser Fiche Files: . Was record(s) in LF: 0Yes. If ON°, initials/date now scanned: DPrior to refiling the records, add the original request and response to LF file only DAdd note to outside of the record, date & initials "Records Request Scanned" Verified Records Content & Refiled by: Date: (4) Maximum lot coverage (5) Maximum height (6) Special requirements (LDR 1998, § 701) ZONING § 90-695 Rear 20 feet; 50 feet abutting resi- dential zoning district. 25 percent, not including fuel storage tanks. 25 feet Fuel storage tanks shall comply with yard requirements. Sec. 90-693. Community center requirements. Community center requirements shall be as follows: (1) Location (2) Minimum lot area (3) Minimum yards (4) Maximum lot coverage (5) Maximum height (LDR 1998, § 702) Where permitted by district regulations. Area Width Front Side Rear 25 percent. 35 feet. Sec. 90-694. Day care center requirements. Day care center requirements shall be as follows: (1) Location (2) Minimum lot area (3) Minimum yards (4) Maximum lot coverage (5) Maximum height (LDR 1998, § 703) 20,000 square feet. 100 feet. 40 feet. 25 feet; 50 feet abutting resi- dential zoning district. 25 feet; 50 feet abutting resi- dential zoning district. Shall not be located within 300 feet of an industrial area. Area Width Front Side Rear 30 percent. 25 feet. 10,000 square feet. 100 feet. 40 feet. 25 feet. 25 feet. Sec. 90-695. Adult family care homes or assisted living facilities requirements. Adult family care home or assisted living facilities requirements are as follows: (1) Location (2) Minimum lot area (3) Minimum yards (4) Maximum lot coverage (5) Maximum height (LDR 1998, § 704) Where Area Width Front Side Rear permitted by district regulations. 20,000 square feet. 100 feet. 40 feet. 25 feet; 50 feet abutting resi- dential zoning district. 25 feet; 50 feet abutting resi- dential zoning district. 30 percent. 45 feet. CD90:53 35 .- !,.4'>'�,y,, .: i:. Y",4'c.` _ -- - - jni'b'a •i,�-�✓. •� c��. :i"1. 5. d: iYirF:�,'.v�+.Hipx�. "lag'- „ `i'•d _ Y -'x :t-.. 'f. .. -'is"�.Y".,�r:°.i.'iai.-z.'",�iF{^-2..r =ria �NLEL„s ' . - - _>._.�Af� , -�s�;..'ruu��•�: L." i�,`.,-'i� _'�. .�3-Y•�-:�+i.'i ..�-. ut�':.�fr 5�,..,i. ,.5,�'., �: a a. ,.Yi...t�'rv;.7: y _ Sy. ".'Y:vSi.-.:., t^j•d::..c�.. +'c,`�'J•'' .,.v.sse: ;' t'^i - �'�,:��•- .:r�,.�..<�.�-.:-i*s±%Ol7NEt�i�CT1.QN=tD1�(�all��l�zJIO,�E.��'-��: ��•as.� �' VII. PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion regarding proposed Ordinance No. 1002 continued. c) Vote on motion. C. 1. a) Motion to read by title only proposed Ordinance No. 1003 regarding Rezoning Petition No. 07-014-R, submitted by Building Blocks Day Care Center, to change the zoning designation from CLT to CPO on Lot 7 and the North half of Lot 8 of Block 40 and Lots 11-12 of Block 35, First Addition to South Okeechobee - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1003 by title only. 2. a) Motion to adopt Ordinance No. 1003. 9. The proposed use has not been inordinately burdened by unnecessary restrictions as the only restrictions on the proposed use are those associated with a PUD, which along with the compensating flexibility of the PUD, is especially suited to properties on which are situated environmentally sensitive lands. Mayor Pro -Tem Watford yielded the floor to the applicant. Attorney John Cassels and Mr. Rasco were present to address any questions. Council Members Markham and Watford noted this plan appears to be a better fit than the previous proposed development that was denied. It was also noted that the separate parcel to the North of 9th Street was not part of this application. Mayor Pro Tem Watford asked whether there were any comments or questions from the public? There were none. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member L. Williams moved to read by title only, proposed Ordinance No. 1003 regarding Rezoning Petition No. 07-014-R, submitted by Tammy Black, owner of Building Blocks Day Care Center to change the zoning designation from CLT to CPO on Lots 7 and the North -half of 8, of Block 40 and Lots 11 through 12 of Block 35, First Addition to South Okeechobee; seconded by Council Member C. Williams. VOTE KIRK- ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WIWAMs - YEA MO710N CARRIED. Attorney Cook read proposed Ordinance No. 1003 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM LIGHT COMMERCIAL (CLT) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.” Council Member Markham moved to adopt proposed Ordinance No. 1003; seconded by Council Member C. Williams. 36 DECEMBER 4, 2007- REGULAR MEETING - PAGE 10 OF 18 Tiaa VII. PUBLIC HEARING CONTINUED. C. 2. b) Public discussion and comments (on proposed Ordinance No. 1003). The subject property has an existing daycare facility on site. The CPO Zoning is to remedy a mistake made in 1994 when the applicant received a CLT zoning which did not allow the daycare. As such, the applicant has requested CPO that allows a day care facility as a special exception use, which was obtained and granted several years ago. The Planning Board is unanimously recommending approval, as well as Planning Staff, based on the findings summarized from the Planning Staff Report 1. The proposed use is not contrary to Comprehensive Plan requirements. Neither the existing use nor the CPO zoning is contrary to the requirements of the Comprehensive Plan. The Future Land Use Map shows that the subject property is within the Commercial category and the request for CPO zoning is consistent with the Commercial Future Land Use category. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. A day care center is authorized as a special exception use under the requested CPO Zoning district. The applicant will need to submit an application for a special exception to allow continuation of the current use. 3. The proposed use will not have an adverse effect on the public interest. There is no evidence that the existing use has had an adverse affect and none are expected in the future should the use continue. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The existing use has been compatible with the surrounding area and will continue to be under the proposed CPO zoning. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Continuation of the day care facility at this location will not affect property values in the neighborhood. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The use can be buffered with landscaping should it be necessary. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The existing use will not increase demand upon schools or utility services. Traffic impacts will be minimal as there will be no increase in the flow of traffic on the surrounding roadways. In fact, retail and personal service usesare allowed in the CLT district, but not in the CPO district, are typically more intensive and have the potential to generate higher volumes of traffic than the limited office and special exception uses allowed in the CPO district. DECEMBER 4, 2007 - REGULAR MEETING - PAGE 11 OF 18 -'+t.,"sa..:71h--:'S_`zi--..a`::"::.,;Y`. K:C==S .'ia '+::. - ..�:.�" - :c +_ <+.. .R....,st = 7� r.: rr :�.',=>;.., rs+. =am, AGED.fi=-.� �i'•.ik..?.: h.... - .:4:....n,.... � ,r- .. _ _ !,R ..'.]�! .x.S`�.:vi �. iA".^;: �`- : i.�R��-. ... 1i'a+'3 s� -.;-._..'..:.,. w - :Fvk�,..va.?.W>.�<_,: ':iS,frt".' 't+"-., :. ,'.°v�- , �...- . :t �: _ - - - :_''''A;'-'` y' ,., rr1AI^^ �t S/�•ryT V[/�■ .��r.Y1 4 . vim. Y=ry+h�"4i�5lii �:'R.Y ..- -..� �:3: iRw:R�o�!.\�51��_�4L��fl,{i^.4"'�Lr/�4'Je7{.4�fa�+Mi-ii.il:4�.s.YMi'4eT'^:'�,M1{': VII. PUBLIC HEARING CONTINUED. C. 2. b) Public discussion and comments on proposed Ordinance No. 1003 continued. c) Vote on motion. D. 1. a) Motion to read by title only proposed Ordinance No. 1004, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -013 -SSA, submitted by Steven Ramunni, Esquire, on behalf of property owner, Mary Ann Newcomer - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1004 by title only. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Continuation of the current use will create no traffic congestion, flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The property is subject to no extraordinary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to the owner. Mayor Pro Tem Watford asked whether there were any questions or comments from the public? There were none. The only comment from the Council was that this basically is to clean-up a problem that was created when the new land development regulations were adopted. The existing use was permitted to remain, although the type of zoning that was previously designated CII was changed to CLT. However, upon sale of the property, bringing all codes up to date was triggered, causing the rezoning. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WIWAMS - YEA MOTION CARRIED. Council Member L. Williams moved to read by title only proposed Ordinance No. 1004, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -013 -SSA, submitted by Steven Ramunni, Esquire, on behalf of property owner, Mary Ann Newcomer; seconded by Council Member C. Williams. VOTE KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WIWAMS - YEA L. WILUAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1004 by title only."ANORDINANCEOFTHECITYOFOKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BYREVISINGTHEFUTURELANDUSEMAPONACERTAINTRACTOFLANDMOREPARTICULARLY DESCRIBED HEREIN FROM COMMERCIALTOINDUSTRIAL; PROVIDING FOR INCLUSION OFORDINANCEAND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 3 7.