Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2016-10-20
CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT CITY HALL, 55 SE 3R0 AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR OCTOBER 20, 2016 AGENDA . CALL TO ORDER — Chairperson. Regular Meeting, October 20, 2016, 6:00 P.M. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member William O'Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. AGENDA — Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. IV. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the September 15, 2016, regular meeting. PAGE 1 OF 7 ACTION - DISCUSSION - VOTE Chairperson Hoover called the October 20, 2016, regular meeting to order at 6:03 P.M. Board Secretary Burnette called the roll: Present Present Present Present Present Present Absent (with consent) Absent (with consent) Present (moved to voting position) Present Present Present Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There being none the agenda stands as published. Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the regular meeting of September 15, 2016; seconded by Member Batton. There was no discussion on this item. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT - YEA MCCREARY - ABSENT KEEFE - ABSENT O'BRIEN - YEA MOTION CARRIED. 91 92 V. OPEN PUBLIC HEARING — Chairperson. A. Petition No. 16- 002 -AC, Abandonment of Right -of -Way to vacate the 15 -foot wide East/West alleyways in Blocks 1 and 2, and a portion of NE 3rd Avenue between NE 13th and 14th Streets, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.76 acres, (Exhibit 1). 1. Review TRC Recommendation - approval with special conditions. OCTOBER 20, 2016 — PLANNING BOARD - PAGE 2 OF 7 CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:05 P.M. Abandonment of Right -of -Way Petition No. 16- 002 -AC, to vacate the 15 -foot wide EastNVest alleyways in Blocks 1 and 2, and a portion of Northeast 3rd Avenue between Northeast 13th and 14th Streets, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.76 acres. Chairperson Hoover yielded the floor to Planner Brisson, who explained the applicant, Mr. Carrol Word, Registered Agent for the property owner, 441 Palms, LLC, is proposing to develop the area into a medical /dental complex. 441 Palms, LLC owns all of Block 1, which consists of eight lots and Lots 1 to 10 and 18 to 26 of Block 2. Muzaffar Husain owns Lots 17 and 18, Suraiya Husain owns Lots 19 and 20 of Block 2, and both provided no objection documentation to the abandonment. The Application was reviewed at the September 15, 2016, Technical Review Committee Meeting and a recommendation for approval to the Planning Board was made with the following special conditions: 1. Proposed development will adequately address off-site Concurrency impacts; 2. Proposed development will adequately address sufficient access to the City /County drainage easement along Northeast 14th Street and /or roadway access to the north /south; 3. Florida Power & Light (FPL) and Okeechobee Utility Authority (OUA) easements granted; 4. Notation that the North to South alleyway in Block 2 is NOT included within the Petition. Mr. Brisson further commented the City's Administrator has concerns regarding the abandonment of Northeast 3rd Avenue due to the Florida Department of Transportation's (FDOT) 710 Bypass plans. Preliminary plans list one option of the bypass to be routed onto Northeast 14th Street to US Hwy 441. Without the City knowing the exact route of the bypass, he suggested this part of the Petition be deferred until such time as more information is known. Planning Staff is recommending approval based on the following responses to the required findings and that the owner grants the necessary easements required. The surrounding property owned by 441 Palms, LLC, is designated Single- Family Residential on the Future Land Use Map and is in the process of a Small Scale Amendment (SSA) to designate it as Commercial. The anticipated medical office use is consistent with a Commercial Future Land Use designation, therefore should the future SSA be approved, the abandonment will be consistent with the City's Comprehensive Plan. The alley right -of -way is not the sole access to the property as all properties abutting the alley and the right -of -way of unimproved Northeast 3rd Avenue have vehicular access from Northeast 13th Street. The public benefits associated with the abandonment are, the existing alleyways and Northeast 3rd Avenue are currently unused and have no immediate or future use. It will be a benefit to the City to remove the existing right -of -way which will reduce the land the City is required to maintain and the property will be subject to ad valorem taxation. Utility easements are necessary within Northeast 3rd Avenue for both OUA to maintain their water main and FPL to maintain their power lines. V. PUBLIC HEARING CONTINUED. A. 2. Hear from the Property Owner or Designee /Agent - Carrol Word, Registered Agent for 441 Palms, LLC /Steven Dobbs for Petition No. 16- 002 -AC continued. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny the petition with /without special conditions. b) Board discussion. c) Vote on motion. QUASI- JUDICIAL ITEM: B. Petition No. 16- 003 -SE, to allow an Alcohol & Drug Rehabilitation Center /Detox Center within a Light Commercial Zoning District, (Ref. Sec. 90- 253(20) for Lots 3 to 6 of Block 78, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.642 acres and located at 608 NE 2nd Avenue (Exhibit 2). OCTOBER 20, 2016 — PLANNING BOARD - PAGE 3 OF 7 93 Mr. Steven Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, was present on behalf of the applicant and available for questions from the Board. He did not have any information as to the proposed route for the 710 bypass although he reiterated FDOT has not confirmed a specific route. He noted concern for his client with deferring the portion of the abandonment related to fees and whether he would need to reapply. He also explained to the Board the proposed 15 -foot utility easement for OUA and FPL would be located to the East of Block 1 thereby giving the property owner open space to work with. 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 anyone else regarding the application or visited the site. There were none stated. Motion and a second offered by Members Baughman and Jonassaint to recommend approval to the City Council for Petition No. 16- 002 -AC, Abandonment of Right -of -Way to vacate the 15 -foot wide East/West alleyways in Blocks 1 and 2, and a portion of Northeast 3rd Avenue between Northeast 1311) and 14th Streets, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.76 acres, based the on findings noted above by Planning Staff. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA JONASSAINT — YEA MCCOY - YEA BATTON — YEA BAUGHMAN - YEA BRASS - YEA MCCREARY — ABSENT KEEFE — ABSENT O'BRIEN - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively December 6, 2016, 6 pm. Special Exception Petition No. 16- 003 -SE, requests to allow an Alcohol and Drug Rehabilitation Center /Detox Center within a Light Commercial Zoning District, (Ref. Sec. 90- 253(20) for Lots 3 to 6 of Block 78, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.642 acres and located at 608 NE 2nd Avenue. The petition was submitted by the property owners, Mr. Muhammad Nooruddin and Mr. Arif Shakoor. 94 AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 1. Administer of Oath (anyone intending to offer testimony on Petition No. 16- 003 -SE will be required to take an oath, respond, and give your full name and address) - Board Secretary. 2. Review Planning Staff Report — recommending approval with /without special conditions. The proposed use is to continue the Detox, Intensive Patient Residential Alcohol and Drug Rehabilitation Facility, and add within the same facility and to operate at the same time, a Residential Treatment Facility, to include mentally ill patients suffering with addiction /substance abuse. This will also discontinue a Special Exception Use for the facility which allowed a Short Term Residential and Therapy Center and Assisted Living Facility. 3. Hear from the Property Owner or designee /agent — Muhammad Nooruddin /Arif Shakoor OCTOBER 20, 2016 — PLANNING BOARD - PAGE 4 OF 7 ACTION - DISCUSSION - VOTE This being a quasi - judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Bill Brisson, Senior Planner, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida; Mr. Bill Coyle, 306 Northeast 7th Street, Okeechobee, Florida; Ms. Nancy Cruz, Director of Operations for Detox of South Florida, 608 Northeast 2nd Avenue, Okeechobee, Florida; and Dr. Muhammad Syed, Detox of South Florida, 608 Northeast 2hd Avenue, Okeechobee, Florida. Chairperson Hoover yielded the floor to Planner Brisson, who explained the request involves amending Special Exception No. 14- 002 -SE previously granted on August 21, 2014, which allowed for a 32 -bed facility providing for an alcohol and drug rehabilitation center or a short term residential rehabilitation center providing physical and occupational therapy. The request would also permit the Inpatient Drug and Alcohol Rehabilitation Detox Facility to continue and to allow a new use in the form of a Residential Treatment Facility to operate in the same building at the same time. The request would vacate the prior special exception approvals for the short term residential rehab center providing physical and occupational therapy and the original Assisted Living Facility approved in 2012. Planner Brisson recommends approval based on the findings within the Planning Staff Report to allow provision of mental health services to addicted patients who suffer from both addiction and mental health issues to operate as a Residential Treatment Facility within the Detox Center with the following conditions: 1. No patient shall be admitted to a facility providing drug /alcohol rehabilitation and mental health services to addicted patients unless said patients are dropped off by a friend or relative, and that no vehicle in any way associated with the patient or person dropping off the patient shall be left at the facility overnight. 2. No drug or alcohol rehabilitation patient, whether or not receiving mental health services, shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his /her home. Director Cruz was present on behalf of the property owners. She explained to the Board the patients come voluntarily. There is a nursing staff 24 -hour a day, seven days a week. The patients are under doctors' care for five to seven days. Patients can also be treated for detox with depression or Post Traumatic Stress Disorder, and their stay could be up to sixty days. The male and female patients are separated. They do have video surveillance that is monitored. The patients are eighteen years of age and older and they cannot just wonder about. They stay inside and are supervised. Member Baughman asked whether individuals who were court ordered or under Baker Act would be treated there. Director Cruz replied no, the program is on a voluntary basis. Member 0' Brien inquired as to whether any of the patients have been violent or acted under an aggressive nature. Director Cruz replied sometimes they have had to call the local Police Department, but the counselors try to deal with the aggression and work with the patients to handle this. Member Batton asked for clarification regarding the treatment of the mentally ill patients in that only those patients V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 3. Hear from the Property Owner or designee /agent — Muhammad Nooruddin /Arif Shakoor for Petition No. 16- 003 -SE. 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 the petition with /without special conditions. OCTOBER 20, 2016 — PLANNING BOARD - PAGE 5 OF 7 suffering with some type of substance abuse problem too would be treated. Director Cruz responded that is correct. Member Brass inquired about the safety procedures in place as a concern for the patients as well as the community. She asked whether the previous precautionary procedures were still in place. Ms. Cruz stated there are alarms on the windows although they cannot be locked due to fire codes, the doors are locked with alarms and panic bars. Individuals cannot just walk in and out. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Secretary Burnette noted for the record the petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to 20 surrounding property owners. Mr. Bill Coyle, a citizen who resides at 306 Northeast 7th Street was against the drug and alcohol rehabilitation use at the location and voiced concerns with permitting the use to continue. He said there were problems with vehicles being parked illegally. In the last few weeks the police were being called to the facility on a number of occasions. Member Baughman explained the facility was already permitted to treat alcohol and drug patients, which could not be changed. The facility is requesting to treat mentally ill patients suffering with some type of substance abuse. Member Baughman asked Attorney Cook whether he was aware of any reported Police calls. He responded he was not aware of any. Ms. Cruz responded the police calls Mr. Coyle was referring to did not involve the facility. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. There were none. Planning Staffs recommendation for approval with stipulations is based on two sets of criteria. One being the site's consistency with the current Land Development Regulations (LDR's), and the other, findings required to consider a Special Exception. Planning Staffs responses to the applicant's presentation on consistency with the LDR's are, the location and specific site are appropriate for the proposed use. The existing building and site have been developed to provide for temporary or permanent living quarters for individuals needing assistance. Just as the current detox facility has had little or no effect upon the surrounding neighborhood, the additional treatment for persons suffering from both addiction and mental health issues will occur entirely within the property and is expected to have no significant effect upon the surrounding properties. As has been the case to date, clients under treatment will not be leaving the building unattended. No specific design efforts are needed. Properties to the south and east are suitably buffered by walls, and all of the uses to the north and west are separated from the facility by public roads and additional no special screening treatments are necessary. There will be no increase in the number of beds in the facility, the clients with dual addiction and mental health issues will also be driven to the facility, dropped off, and unable to leave the facility until released and picked up by friends or relatives. The impacts of the operation will be no different 95 96 OCTOBER 20, 2016 — PLANNING BOARD - PAGE 6 OF 7 V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 6. a) Consideration of a motion to approve or deny the petition with /without special conditions for Petition No. 16- 003 -SE continued. ACTION - DISCUSSION - VOTE from those now treated for only drug and alcohol addiction. The only difference in the operation will be the counselors who also address mental health issues of persons with addictions. Just as the current detox facility has little or no effect upon the surrounding neighborhood, and presents no hazards or public nuisances, the treatment of those who suffer both addiction and mental health issues should have no significant effect upon the surrounding properties. Since there will be no significant changes in the manner of occupancy or treatment, it is not expected there would be any increase in the demand upon utilities or other service requirements such as sanitary sewer or solid waste. Since there will be no significant changes in the manner of occupancy or staffing at the facility, it is not expected there would be any significant increase in traffic. Planning Staff's responses to the applicant's presentation on the required findings are, the property is designated Commercial on the Future Land Use Map and the proposed use is not contrary to the Comprehensive Plan. An alcohol and drug rehabilitation center /detox center is specifically listed as a special exception use in the Light Commercial Zoning District. The addition of mental health services to those addicts that also suffer from mental health issues will not alter the basic nature of the facility as a detox center. The proposed use will not have an adverse effect on the public interest particularly because all patients are driven to the facility, dropped off, and are unable to leave until released and picked up by friends or relatives. The use is appropriate for the proposed location, is compatible with adjacent uses, and is not detrimental to urbanizing land use. The use will not affect property values or living conditions, nor be a deterrent to the development of adjacent property. The building and grounds are already suitably buffered by either walls or public roads so no additional special screening is required. Since there will be no increase in the number of beds at the facility, there will be no change in the density or any other factor that would overburden any public facilities such as streets, schools, and utility services. Given there would be no increase in the number of beds in the facility, staffing, or any physical change to the site or the building, it would not be expected there would be any significant increase in traffic, effects upon public safety or flooding or drainage. Motion and a second offered by Members Baughman and McCoy to approve Petition No. 16- 003 -SE, to allow an Alcohol and Drug Rehabilitation Center /Detox Center within a Light Commercial Zoning District, Ref. Sec. 90- 253(20) (continue the Detox, Intensive Patient Residential Alcohol and Drug Rehabilitation Facility, and add within the same facility and to operate at the same time, a Residential Treatment Facility, to include mentally ill patients suffering with addiction /substance abuse. Also, discontinue a Special Exception Use for the facility which allowed a Short Term Residential and Therapy Center and Assisted Living Facility) for Lots 3 to 6 of Block 78, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.642 acres and located at 608 Northeast 2nd Avenue, with the following special conditions: 1. No patient shall be admitted to a facility providing drug /alcohol rehabilitation and mental health services to addicted patients unless said patients are dropped off by a friend or relative, and that no vehicle in any way associated with the patient or person dropping off the patient shall be left at the facility overnight. AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 6. a) Consideration of a motion to approve or deny the petition with /without special conditions for Petition No. 16- 003 -SE continued. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING — Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations — Chairperson. VII. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he /she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. t Dawn T. Hoover, Chairperson ATTEST: (icif lei. 4Bafi fiA Patty M. Burnette, Secretary OCTOBER 20, 2016 — PLANNING BOARD - PAGE 7 OF 7 ACTION - DISCUSSION - VOTE 2. No drug or alcohol rehabilitation patient, whether or not receiving mental health services, shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his /her home. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA JONASSAINT — YEA MCCOY - YEA BATTON — YEA BAUGHMAN - YEA BRASS - No MCCREARY — ABSENT KEEFE — ABSENT O'BRIEN - YEA MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 7:02 P.M. Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. There were none offered. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:03 p.m. 97 14#261444 Page 1 of 11 City of Okeechobee Planning Board AND Board of Adjustment City Hall, 55 SE 3`d Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes October 20, 2016 I. Call To Order - Chairperson: Chair Hoover called the October 20, 2016, Regular Meeting to order at II. Chairperson, Board Member Staff Attendance - Secretary. III. Agenda - Chairperson. A. Chair der asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. IV. Minutes - Secretary. A. Board Member IJ 11Mn moved to dispense with the reading and approve the Summary of Board Action for the September 15, 20116, regular meeting; seconded by Board Member 100( trbvi . Discussion: PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover Vice Chairperson McCoy Board Member Batton V/ Board Member Baughman Board Member Brass ✓ Board Member Jonassaint ✓ Board Member McCreary t/ Alternate Board Member Keefe Alternate Board Member O'Brien m Nett tO /Oii0 Planning Consultant Brisson, Senior Planner Board Attorney Cook V Board Secretary Burnette ✓ III. Agenda - Chairperson. A. Chair der asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. IV. Minutes - Secretary. A. Board Member IJ 11Mn moved to dispense with the reading and approve the Summary of Board Action for the September 15, 20116, regular meeting; seconded by Board Member 100( trbvi . Discussion: 14120144—Page 2 of VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN vr BRASS V- JONASSAINT v/' McCREARY KEEFE O'BRIEN RFSIJI TS. CARRIFD ' DFNIFD V. CHAIR WifOPENED THE PUBLIC HEARING AT 0.'6.-S P.M. A. Petition No. 16- 002 -AC, Abandonment of Right -of -Way to vacate the 15 -foot wide East/West alleyways in Blocks 1 and 2, and a portion of NE 3rdAvenue between NE 13th and 14thStreets, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.76 acres (Exhibit 1). 1. Review TRC Recommendation - approval with special conditions. 15d (B (SS6 A pprAied sstk'4 -- Rezone_, T� e. d..c oc 3ect. d- re e (),'n neap cif at Af P ktds 0,,u4 re u c re m e rt -E s ®I Code :)(,ef v Ait h a_ k e br. s in a toaneuvi r rJ ca.0 e_ cyr p ass LbLe 11 o b`! I .s bemuse .411iL, CE-21-Li due_ n 01' Kr) atA) rin r _ G2jogre mtn WE 11/20M -Page 3 of ' 1 pmslbLu (oo t C_ o_.- V. PUBLIC HEARING ITEM CONTINUED. 2. Hear from the Property Owner or designee /agent - Carrol Word, Registered Agent for 441 Palms, LLC /Steven Dobbs. 3-f"e(11- 1)0 bt35 Loa j& Kes 1Na. 7 boesr'+ (n iL -DoT wit ( an 1u Cos+ 1nvblvea t bk.t Ps 9os do-es he Ira v� -11) re cue p4.1-2 � � OVP i '� O'� * SI G�e d `� APL /OU� rn�e a�r� c � - ft� ou>v�e r � u_��- -� -� open ��� McCoy_ ,fm -e S Loge, '.Q les 1112114 Page4of 1 V. PUBLIC HEARING ITEM CONTINUED. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. N D+, 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny petition with /without special conditions. Motion and a second offered by and°J°� to recommend approval /denial to the City Council for Petition No. solirt 16- 002 -AC, Abandonment of Right -of -Way to vacate the 15 -foot wide Easst alleyways in Blocks 1 and 2, and a portion of NE & Avenue between NE 13th and 14th Streets, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.76 acres, with the following special conditions: b) Board discussion. n -11120144 Page 5 of V. PUBLIC HEARING ITEM CONTINUED. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ McCOY BATTON I/ BAUGHMAN V BRASS 1/ JONASSAINT I% McCREARY KEEFE t/ O'BRIEN RFSEJI TS. t CARRj -' DFNIFD The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively December 6, 2016, 6 pm. QUASI- JUDICIAL ITEM B. Petition No. 16- 003 -SE, to allow an Alcohol & Drug Rehabilitation Center /Detox Center within a Light Commercial Zoning District, (Ref. Sec. 90- 253(20) for Lots 3 to 6 of Block 78, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.642 acres and located at 608 NE 2nd Avenue (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 16- 003 -SE will be required to take an oath, respond, and give your full name and address) - Board Secretary.. bi 1 I {art <,; �v'1 -- 5oeft ; r Piaj r : Nate OfLt.. Mr. 8itr Coyle_ 2. Review Planning Staff Report - recommending approval with special conditions. The proposed use is to continue the Detox, Intensive Patient Residential Alcohol and Drug Rehabilitation Facility, and add within the same facility and to operate at the same time, a Residential Treatment Facility, to include mentally ill patients suffering with addiction /substance abuse. This will also discontinue a Special Exception Use for the facility which allowed a Short Term Residential and Therapy Center and Assisted Living Facility '111201t4 Page 6 of / J V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINU D. f, I CL a vx -+o add 4rea i awiletat i l ( ppf -r (As 69, Lt) Ii-h Ct subsfti n e e ouo r.Lse. Cd ru act .11M 1e 1 f a- prior Q 2��a -I s v r ST Res. ,1- 7 _.� -a,,.� -f a,�zt nc� �tt.t,�. -c.1 �4-L u� p `i on pole, on S12 - W) i1,a l& vii Ju4 +re_a. u --t1 ► \ Ct r � 1 '� a_bu,se r bl e re, Ca nd:t r cubotut 7 st- cCI a.. to 3s sup /VIM Page7of V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. 3. Hear from the Property Owner or designee /agent - Muhammad Nooruddin /ArifSnakoor D -e-f~a u o r S. t✓tUvr L -k Neu> tkafiz.on 1 a (Cu Ac-f- J re ?it) 0 ftnst Iof- `(�`�`.� lac! Ue, Riot ,moo cLS S 1dv (nrs O'L Si/V. gift( oc.r � pressi °-� , PT-6 o, ;Pe of s� c(� -�r ire �.� rf 5 �� p , 60 cf a t,� `�Q` Goa tC be. y.'�,Q �e shy Se P e,rcc;EcGt ma- le if 1c • c( U n � � P �-( 16 ry�_ cnS . ��n 'ivied ` aft �lh �f � prc�re ct-u'� s � n �Ic�:ce � n o ire r 3. Oa— �o� � -R.1910 riov) 6001C n. mErlkYs2� S�a " d 1'16' one... 1 -e,f-I- 5 _- 11/4.10 LL)1 LLB ?Q-h ert is c4 r e W het 4 volcr -or a5 9T- es5(J- na re (Amth PR rL . i eff oK-}- f7) kt e i 41420114- Page 8 of Q not - I-rea+ kthe.s, Pct-hevi is tat fOre. p2fis pre_ L.�211 pre. Caa -#-' m'' �-''�( .pro c �d-a.t-rep ' �sl LoGLe� �� ��,�„f 5 ala�S bald. saut?� Wi d s doors P°�' inSfC0154. Sim at e:i4S 7 ha+' i s otge MINele o f p e nos b1-3r,P (\ _ IS y rs conee n04h (5a1-<- T,„I, re. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. CO.ower\s' �J�l I ( Coy[ .— NE 74- i d6 yrs a rehab h vrseA F Kine no ro5 r f r (e Cre a,+-1 1-20r- ,Thc) pe cy t2, p0I i ceJ art ortrc a_bo t -I'r u ee a_ monk- rl h e b-e,1 tei :,orrt «l It 9o1 r"t� Or 0We- �� g lS � or � 0� pv'P.� �(hQ�.. lash ..i wee. �, 9 d r,34.6 .(, rn eh? t� l More , /et.: r ►sir (QJnv ups -e-f- resrc CT laekre pry. o r C -k ut boa.{ 1-j C uci 1 �-'(o(- rte-( �n.vr� Dr. S\ QA . `rhe t.i -rat +0 54a I co. gel are rer, and seo ram Th -hoo qI h-e- -D► d d. c e ehn a n 4 'h- ►Ytui fa t !o off 444044. Page, V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. U � s .)Ork, (law ri -tseol to local b !/,,,h`7rn� n 'P-�p � t (n cv0.�.a pos �ic1 on p ✓a r . ' `�"1 a-I reams( �,t�. -2 �l�J�h�C��v�L i �4�`�°r�v� fa ryVf'(SS.1 J t. o toino -4-4;h - -ye ham` 6t64-Dy q-i-te_ti axe_ yus-f-- cak 1 r)61 0 ! C r3 —o O-d_o( f-rea. fa- l-t-� --( / l I p atl.eii w / f- soJositIrte o 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consideration of a motion to approve or deny petition with /without special conditions. Motion and a second offered by 130-1-tahrnli)and I to recommend .. e ro :I/ Petition No. 16- 003 -SE, to allow an Alcohol & Drug Rehabilitation Center /Detox Center within a Light Commercial Zoning District, (Ref. Sec. 90- 253(20) for Lots 3 to 6 of Block 78, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee I County, containing approximately 0.642 acres and located at 608 NE 2nd Avenue, with the following special conditions: SK a coy &hi '69Cri) toy \ ^('A d b) Board discussion. 1120044 Page .1'0 of V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY vr BATTON V BAUGHMAN / BRASS / JONASSAINT V McCREARY I/ KEEFE O'BRIEN RFSUI TS. (ARRIFQ DFNIFD I CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURN - Chairperson. —x;03 Planning Board /Board of Adjustment and Appeals Meeting October 20, 2016 Name Address ''' 7 C U 6,/ti kgplinx; --L/ ,L7 0 (It kk 4 c-fr_iit\-3-. � i .- r qain unk4, boc, of ksoGc-4-h i 4icri` 1. 1IDEPENDENT NEWSMEDIA INC. USA dA�� t, f..,;,, Okeechobi c ew )i :- '4,s_, 107 SW 17th S , Suite D' ,Y' ,,T Okeechobee, F ida 34974 863-763-3,1 f {y' 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 C , 4'u, .-WC& in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of /a /N /Jo r(z) 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 Katrina Elsken Sworn to and subscribed before re this I q day of (2 4i L O / , Notary Public, Sate of Florida at Large &Ciaid ) ?oti'v Pa,- ANGIE BRIDGES MY COMMISSION # FF 973149 EXPIRES: April20,2020 Bonded Thar Notary Public Undervnrs AD PUBLIC NOTICE CITY PLANNING BOARD & BOARD OF ADJUSTMENT MEETING NOTICE IS HEREBY GIVEN that the Oty of Okeechobee Planning Board and Board of Adjustment will conduct a regular meeting on Thur, Oct 20, 2016, 6 PM, or as soon thereafter as possible, at Oty Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. As the Local Planning Agency the Planning Board y consider d�Degvelopm� t Regulationsnsubmittted Oty Staff,e8 a d to Members, or citizens. The public is invited and encouraged to attend. The agenda may be ob- tained from dtyofokeechobee.com or by calling the General Services Office, 863 - 763 -3372 x218. ANY PERSON DECIDING TO APPEAL any decision made by the PB with respect to any matter considered at this meeting will need to ensure a ver- batim record of the proceeding is made and the record indudes the testimo- ny and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as de- fined by the ADA, that needs special accommodation to participate In this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863- 763 -3372: BE ADVISED that should you intend to show any document, picture, video or items to the PB in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the Cltys records. By: Chairperson Dawn Hoover 1IDEPENDENT NEWSMEDIA INC. USA Okeechobe 'ws 107 SW 17th Str uite D Okeechobee, Flor 974 863 - 763 -313% /A., 7- NY I J1 ceffe 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 AA./6-&./4.7-) ) ,''f2 &"Ce-- 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 /o /ar / I / a-vI6. Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this f a day of ga - U1Jc2b /% AD Notary Public, State of Florida at Large ?oi.■W ^o ANGIE BRIDGES s : *- MY COMMISSION # FF 976149 EXPIRES: April 20, 2020 Bonded Thru Notary Public Underwiitsrs 1 PUBLIC NOTICE . RIGHT -OF -WAY ABANDONMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Gty of Okeechobee Planning Board on Thur. October 20, 2016, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Avenue, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Abandonment of Right-Of -Way Petition No. 16-002 -AC, submitted by the property owner, Mr. Carrot Word (Registered Agent) for 441 Palms, LLC. Petition No. 16- 002 -AC requests to vacate the 15 -foot wide alleyway running East to West in Bloch 1 and 2; and a portion of NE 3rd Avenue between NE 13th and 14th Streets, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County, containing approximately 0.68 acres. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public is encour- aged to attend. The Planning Board will offer a recommendation to the Gty Council, tenta- tively scheduled on November 15, 2016 (First Reading) and final adoption Public Healing on December 6, 2016, 6 PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs speaal accommodation to par- ticipate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863- 763 -3372. • BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the Gty's records. 8Y: Zoning Administrator Marcos Montes De Oca, Petition No. 16- 002 -AC 477813 ON 10/2,12/2016 1DEPENDENT NEWSMEDIA INC. USA Okeechob e�lews 107 SW 17th St eett Suite D Okeechobee, Flo\ eiti 863 - 763 -313 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, lorida, 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 /6ia, i/01 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed befor -me this �- day of �il �f✓G�-�i -c��L% Notary Public, State of Florida at Large 2 c�JId�c' Katrina Elsken CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE I5 HEREBY GIVEN that a QUASI -JUDICIAL PUBLIC HEAR- ING will be held before the Gty of Okeechobee Board of Adjustment on Thurs, October 20, 2016, 6:00 PM, or as soon thereafter as possible, at Oty Hall, 55 SE 3rd Ave, Council Chambers, Rm 200, Okeechobee FL, to consider and receive input on Special Exception Petition No. 16- 003 -SE, submitted by the property owners, Mr. Mohammed Noonjddin, Manager of A.M.S.A. Holdings, LLC, and Mr. Arif Shakoor, Manager /Registered Agent for EAAAS Holdings, LLC. The request is to allow an Alcohol and Drug Rehabilitation Center / 0etox Center within a Light Commerdai Zoning District, Ref. Code Book Section 90- 253(20). The proposed use is to continue the Detox, Intensive Patient facility Residential operatelat the same time Rehabilitation Residential Treatments Facility, to in- clude mentally ill patients suffering with addition /substance abuse. This will also discontinue a Special Exception Use for the facility which allowed a Short Tenn Residential and Therapy Center and Assisted Loving Facility. The property consists of 0.642± acres, located at 608 NE 2nd Avenue. Le- gal: Lots 3 to 6 of Block 78, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The petition may be inspected atihe address above during regular business hours, Mon -Fri, 8 AM-4:30 PM, except for holidays. The public is encour- aged to attend. The Board of Adjustment serves as the decision making body on this matter to approve or deny Spedal Exceptions. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record indudes the testi- mony and evidence upon which the Act appeal will be based. In accordance as defined y the ADA, thataneeds special accommodation to parrticipa participate this proceeding, contact the General Services Office no later than two busi- ness days prior to proceeding, 863 -763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the Qty's records. by: Zoning Administrator Marcos Montes De Oca, Petition No. 16-003 -SE 477813 ON 10/2,12/2016 w / >0 > >> w0-07-7.=«00000,,-77-= wW ® @ a w N M z x m e o == m= m > �� ' z \ z a-Ua a&&&& \gm ?g±\\®�=�2=0x c m » n =- n 0 0 e¥ e m mooes2 zap •°m=9D333agm °gamCra) <, • �\ a - /GSE / / / /meq a%R,e / � §n 2), f /� ® ®2 \ \ %G) ?? /E@ge \a)\m AA \2 2G /f /a§ /3 /e =� §o095 -0 ®q Q- \§ ®c=\%0oCDa) \� \ \ / \eƒ ��E \ -. / /\*\?§mom& /\q ~ -00Z, % $ 0 = o / & .. q.\ 2 » m me 3 \ «W 5o ® � 7 2 s o > - % 3 ® )G °o \�® \ _/ \ 03 co ]2\3k \/m 0 y �0 a ®a a/ «= o E 0 CD z y / /ej -na f / 0 /_®E= o] 2 > Cn 0 oc0 AZ \ \ -n ®� \ }/ \ \ 0 - > CD 0 CS < 3' . o � � � m ©&\m =a a ? z /00(0 %J 0 n §G® 2� / - z ° ® ~ _ 3 m NG /E SD ;73 co \ 3 0) � / 0 k / 0 ° \ \ ? ~ \\ -0/ \ f \ 7- (713 0 > g p3 / � CL / CU ƒƒ \ \ \/ a & )\ \/ » 22 0& o « f / ) /\ co 2 1— \3 - 0 3 e/ CD \ = E E. 0 FD g / ? 5. j -- § CO CD CD CL 7 \2 ƒ\ Rm CI) ) / M CD 7"0 E7 CALL TO ORDER - Chairperson: October 20, 2016, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. 3380H333110 JO All3 OCTOBER 20, 2016 - PBIBOA AGENDA - PAGE 2 OF 2 .N• 0 -o 'ro o J as `o 0 o a O m y C) O E N -O 0) 0 1- m to m d E o N u) co N 0 0 m 0) 0 'O N 10 CO 0 0 0 CO a) V a) o0_. O co rn E 'm p 0 o t a) c 2 U a — G Q w N co ti m '5 0.� c x >. 0 )- O 0 'o ca 0_ E) 0 Co' c m -o 0 a) ° O) m 0 0 w -Q N 'c a o "ca o m ,o a) a) °U co o 0 G X �• E .> ..d. .G LLl O C 03 m U 0 3 "U 0 0 c -0 a) L C.) CO a 003 0 CO 0 0 -0 `° cD _he o -c c _c 0' c r'` a) U O p CO 0 d a) H 2 -- _. .5 a 0 U N 0 N o y O O 0 _° a U ° 3 0 - m (O W - CCI C a) O 0; I- o . y QN C= 0 0-) a N -O O C 0 a 'p O m ES.' O O "U w `o m c n- U 'U co 0 o o 0 c c L Z 0-s Z E c o O 0 0 0_� 0 73.0 O L o O) 0 ¢ h m = L Vo _ 5 _m co E s -c > N _ _Co U CO 1.1-). 0- i CO s , c s a-0 ..c 0 3 0 0 0 > N 0 : C c 0 0 0 0 t: _o m m 0 0 )m o o_ a o ., c E 0_ 3 �• � 0 0 '- 0 is _ m .� :0 0) o a) CD a25 ° 0 > 0.. 'c `° O) is _7 >, W a -a-) >` c • ° 0 m o 0'c N.):- c ). 0 a o0 0 Eo 0 C 0)0 c `o -0 o) O `m a) -- > a i3 C U K Q .y .D E O a) co W O a W o_ 0 3 Y L • eL °. 0 . O=¢ O C a ° O N t -c=°-2 _ c E as "- o 0 LU a 0 o o ° 00. ES.).0in O c t O Q 'C 0 0 m O 0 z c Nw•c m oy o g 0 E Z o co ° Q. O d p '- c a) _c 0., m U w 0 CO 9 Y> i 0 m c j o .o LLI -o m Q O c : c -. 0 -o E o 0 " o W m co a = E z N i° c ° o v ` E C9 0 J C O W n O o G N 'a> C Z C U O a) Q o .0 a) 0 E o U O O c -o a) • E U "> ` m` a a) U IX 0 >F- 0= o � o T0Lcoto <W W-1=Er =Q O0C > = U J o in as .Q U m Li. Q t-- cV M v c!i cD Q. Q C'J m CLOSE PUBLIC HEARING - Chairperson. c 0 o ai Q) a 0 • a, 0 • 00) Q 5 0 CO 0 0 o a H m O a c � O 0 CO 0 O » OU a) 0_ 0 m Z o U a c m yo a) N U O 0 0 a. G 0 U O a O a o O ZS ) Q s Q., Q O U o 0 c 0 co c 2 s Q 0 m y 0 3 d _ cL, CO G a y 0 co C U 0L o -. Q o o c -0 0 •O i G y 0 a c 0 o O 0 E 0 CO 0 O o 0. , 0 — 0 w m co O o E E o 0 3 s, o 0 0 `o 0.� m o n o m Q CO N-o U c) U Q a) Q 4 h 0) E o ` G • O d m c -o a y a . c on 3 a 0 CO a) c 5 0 o m 007 vi E 0 0 o m w Cl.) a 0 q "-C4y 0 0 0 p ¢ -a ¢ O j 0 _'- h m .3 CO ti oa E a N . U o ¢ a) m G 0 E Q i 0 J -° 0 N 0 0 a -y0G o Q 0 0 O Z 0 a 0) .o) 0 ,- c0 a ai o G a) o cca m Q co .5 c') o 1:0- a 0 m c 0 Q� co 0 tea) m�, -G CO 4-7 a • E o c s 3^ m o c c; C G 0) O -p .z Na hNCO U m E °a e' aG° n°i a- -.O.. m o G o c O G -0 _ U cn E L 7 y ¢ O lS" V) U G p 0 0 0 a 0 °m c E 0 0° ca o m o o ' o ¢0 o -a .y a y .D -p m U a) U 0 o o C 0 a 0 N 0 N =a c a� o a c 'O E a) a] J U 0)) �, 0 COm c o O c ¢ m >. 0 .m �_ a c a 0 :0, o) a 0 0 O a) � w 0--0 -° o o :D h C I- 0 a`) •O C7 N E G a7 a N o g E z 0 ¢ '> W O $.2 G o a w a Z o E 0 =) 3 m U Ca = .o ''n ° Z c' 0 °c co _ a) O. o _ 0 0 w Wa a)aa,0- Lu0E aE a) 0 Z Q 8 I a o. m o u) o > > R-0-�0. z›- s.o =o CL aO PAGE 1 ABANDONMENT OF RIGHT -OF -WAY PETITION Exhibit 1 CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 863 -763 -3372 X 218 Fax: 863 - 763 -1686 PETITION NO. '6 -0 -MJ Application fee (non - refundable) $600.00 Note: (Resolution No. 98 -11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional \ consultant is hired to advise the city on the ...CCC application, the applicant shall pay the actu9l, / costs. �lOali � S • Date Fee Paid: ri - Ii_i- i 1p Receipt No: l4. 3qa 4 TRC Meeting: - q "// Publication Date: `i Letters Mailed: NM PB /BOA Meeting: Publication Dates: 0- aO- i Li Letters Mailed: City Council 1st Reading: H'_'5 // CMR Letter E- mailed: City Council Public Hearing: ja- /- /Publication Date: ty g: Right -of- -way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right -of -way. Legal Description of the Right -of -Way to be Abandoned: See attached page for legal description. Note: Upon abandonment of a right -of -way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863- 763 -3154. Purpose of the Right -of -Way Abandonment: The Right -of -Way is currently not being used and should not needed into the future as a Right -of -Way. 441 Palms, LLC Abandonemnt Legal Description THE EAST WEST ALLEY IN BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND THE EASTE WEST ALLEY IN BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND NE 3RD AVENUE ROW FROM NORTH ROW LINE OF NE 13TH STREET LOTS TO THE SOUTH LINE OF NE 14TH STREET, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: BLOCK 1, CITY OF OKEECHOBEE IS ALSO DESCRIBED AS BLOCK 1, OKEECHOBEE FLA. SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PAGE 2 PETITION NO. 16 -0 -�� 4 Name of property owner(s): 441 Palms, LLC Owner(s) mailing address: 1080 3rd Street GERMS-lied' Owner(s) e-mail address: csoword90 @gmail.com Owner(s) daytime phone(s): (863) 610 -5913 Fax: Required Attachments V Copy of recorded deed of petitioner as well as any other property owner whose property ix is contiguous to the right-of-way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right -of -way. List of all property owners within 300' of subject property (See Information Request Form attached) . ,• Site Plan of property after abandonment. (No larger than 11x 17) Utility Companies Authorization Form. (See attached) ✓ Supplementary supporting information: Copy of recorded Plat of the Subdivision where right -of -way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right -of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right -of -way abandonment (See attached sample letter) Confirmation of Information Accuracy I hereby certify that the information contained in and /or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this petition. Signature Carrol Word 7,, �9 20J,, Printed Name Date PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78 -33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board /BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1 Proposed vacation i§Yaii s stent wi omprehenslve Plan Yes, the vacation is consistent with the City's Comprehensive Plan. The City's Comprehensive Plan defines a Right - of Way as "Land in which the state, a county, of a municipality owns the fee simple title or has an easement dedicated or required tor a transportation or utility use. (9J- ).UU33 P. A. C.). Since the alleys have no current uses nor any .. . .... . • • • ... • * . . . • • • • . - • IS 1 • • • • • • • • . • • • • • • • • • • IS • • . • - • • . • • u - • • . • • . • • • • • interest in private traffic traversing their property. 2. Right of way to be vacated is not the sole access to any property, an access is not aneasement: This request meets this standard. e remainm Gf"'. . i yx . 3 `•�''.a¢��"� ,{� .T yam° 3 Proposedwacati it is i the;publie interest •and =prow de' benefit to the City, -. The existing alleys and NE 3rd Avenue ROW are currently unused and have no immediate or future use. This is in the public interest and a benefit to the City to remove the existing Rights of Way. This will reduce the land the City is tequiied to maintain and Iettun the land to the tax lolls. 4 ,Prioposedryya. ationnwo i r__. t�Ieopar�d>ze h`e locatlo , , an ••utility Since there are no utilities in the existing alleys or NE 3rd Avenue ROW there is no jeopardy to any utilities. There is a potential water main to be installed in the existing NE 3rd Avenue ROW, but that right is proposed to be protected by a proposed easement in the limits of the existing ROW. The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). Prepared by and return to: JOHN D. CASSELS, JR. Partner CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 883.783 -3131 Fite No.: 16-8846 1111111 1111111111111111111111 111111111 FILE NUM 2016003918 OR BK 774 PG 274 ROBERTSON/ SHARON CIRCUIT COURT OKEECH BEE COUNTY, FLORIDA RECORDED 04/28/2016 03:54:20 Ph ALIT $300,000.00 RECORDING FEES $18.50 DEED DOC $2,100.00 RECORDED BY h Pinon Pss 274 - 275; (2 ass) Parcel identification No. 3- 1637.36 -0010 -00020 -0060; 3 -16. 37.36-0010-00010 -0010;3 - 1637.36 -001000010 -0060; 3- 16.37- 36 -0010 -00020. 00230; 3- 163736-0010 -00020 -0210; and 3- 1637 -36- 0010 -00020 -0010 [Space Above This Line For Recording Data) Warranty Deed (STATUTORY FORM- SECTION 689.02, F.S.) This Indenture made thls 27th day of April, 2016 Between SURAIYA HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE SURAIYA HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 AND MUZAFFAR HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE MUZAFFAR HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 whose post office address is 12138 Dtedra Court, Orlando, FL 32826 of the County of Orange, State of Florida, grantor`, and 441 PALMS, LLC, a Florida limited iiabiltty company whose post office address Is 1080 SE 23rd Street, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantee *, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to said grantor In hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: Lots 1 to 8, Inclusive, Block 1; Lots 1 to 10, inclusive, Block 2; and Lots 21 to 26, inclusive, Block 2, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 6, Page 6, Public Records of Okeechobee County, Florida. THIS PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF SURAIYA HUSAIN OR MUZAFFAR HUSAIN. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. "Grantor• and "Grandee are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: With e:: AC 4DFL-nAHMAN z6iNt SURAIYA HUSAIN, !ndlviduatly and as Trustee Witness Name: ,J 1. . t-- VT ss e: Ai; OELRAtiMr4fV •C UJI MUZAFFAR HUSAIN, Individually and as Trustee Witness Name: Book774 /Page274 CFN #2016003918 Page 1 of 2 State of Florida County of Qyo. The foregoing inshurnent was acknowledged before me this 27th day of April, 2016 by SURAIYA HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE SURAIYA HUSAIN REVOCABLE TRUST DATED MAY 8,1996 AND MUZAFFAR HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE MUZAFFAR HUSAIN REVOCABLE TRUST DATED MAY 8, 1996, who U is personally known or has produced, P [— as identification. ' [Notary Ste] Notary Public 0111111111/4/1 yy ,,, ,T/ j i Printed Name: 4t 'T • 0912017 : f4',6s&. %};Owi.- MyCommissionExpires: Si Z /11 Book774 /Page275 CFN #2016003918 Page 2 of 2 0 . t .,-..r= N = TOGETHE with all the tenements, hereditaments, and appurtenances thereto belonging or in y . . V, anywise appertaining. G O C. C. C v m TO HAVE AND TO HOLD, the same in fee simple forever ,' :•' " • ., • AND the grantor hereby covenants with said grantee that the grantor.is lawfully seized of said �. U : 2 . ^ ,-,_ land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;-that Er C �''r- the grantor hereby fully warrants the title to said land and will defend the same against the lawfvl clwims • i ='1 of all persona whomsoever; and that said land is free of all encumbrances, except taxes aartiing y o d v subsequent to December 31, 1995, and reservations, restrictions and easements of record, if any, which ~ R " t are not.reimposed hereby. ..� This Inatnmient Prepared By And Return to: Tom W Conely, DI 207 N.W. Second Street Okeechobee, Florida 34972 Property Appraisers Parcel ID##: Grantee's SS# #: raps paid lathe amount of Plc- 3©2 PACE 352 eleritotelmuitC doto . WARRANTY DEED THIS WARRANTY DEED Made the 2 5 th day of July 1996, by THE NORTH AMERICAN . ISLAMIC TRUST, a non - profit corporation existing under the laws of the State of Indiana, and having its principal place of business at 2622 East Main Street, Plainfield, Indiana 46168, hereinafter called grantor, to MUZAFFAR HUSAIN and SURAYIA HUSAIN, his wife, whose postoffice.address is 160 N.E. 18th Street, Okeechobee, Florida 34972 hereinafter called grantee: • .(Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and angign' of individuals, and the successors and assigns of corporations). WPPNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other . valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliena, remises, releases, conveys and confirms unto the grantee, all that certain land situate in County, Florida, viz:• Lots 16,16,17, and 18 of Block 2, CFI'Y OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 6, page 6, public records of Okeechobee County, Florida. • IN WITNESS WHEREOF, the grantor has caused these presents to.be executed in its name and its corporate deal to be hereunto affixed by it proper officers thereunto duly authorized the day and year first' above written. Signed, sealed and delivered in our rn sence: THE NORTH AMERICAN ISLAMIC TRUST, INC. By. M. Naziruddin Ali, Secretary 2622 East Main Street Plainfield, Indiana 48188 --"'"-. Witneas'a Signature (Corporate Seal) Guam Al Kapadia Witness's name typed or printed `' Il . . . Witness's it , ture Khnrii jw RnRP ' Witness's name typed or printed 0 OK 382 es t 353 STAVE OF INDIANA • COUNTY OP IMMEXIXITEt _14ARION IHEBEBYC RTIFY, that on this day, before me, an officer dully authorized in the State aforesaid and in the County aforesaid, to take acknowledgements, personal/I./appeared M. NAZDiUDDIN ALI known. to me to be the Secretary of THE NORTH AMERICAN ISLAMIC TRUST, INC., the corporation in whose name the foregoing instrument was executed, and that he acknowledged executing the same for mich corporation, freely and voluntarily, under authorityh duly vested in, him by said ciorporation, and that the seal affixed thereto is the true corporate seal of saki corporation, and that he is personally (mown to me. • WITNESS my band and official seal in the County and State last aforesaid this.2yligy of July, 1998.. r t Notary Public's Sigma e )ahnuddim A. Bade' Notary's printed name My Commission Expires: October 8, 199 . • • (Notary Seal) A X 1 • .3. . • . X - tligC11411; -. .•-04 "382 PACE 354 KoK , — ... - - _ OR Bk 46-7 Pg 30S4 Orango Co FL 47141F22 1.1,....",..iAce,;2-.O.n.rte.d.u.s.s.wory • . TB-11E NO,t:TH AMERICAN ISLAMIC TRUST INC. 10900 W. Washington 81roal o Indianapolis, Indiana 46231 o Tot: (317).1339•9246 o Fax: (317) 839-2511 .• .. TO yuciti IT nay CONCERN ' RESOLUTION OF THE BOARD OF TRUSTEES -. .... .. . • . . . . • : . • . . . In n meeting of-the Sward of Trunteas of .The North'-Americah Islamic. Trust-, Inc., (HAIT) held on Hey 2, 1992 the' Board unonimouoly resolved 'that: - . . • - ' • ,--"-- - -- - . • ••••17 - . . . . . .The General Maw:igen of The North American Islamic- • .• .. - . Trunti Inc., .1NAITY, -Hr. H. Naziruddin Ali. is hereby • . authorized to execute any neanesory .d•Caumants required •for the Dale• or purchase of any. inveatment real estate - .•._ • of. -The North, American Islamic .Trust, Ina. such. no • - . •Dupoge •Property, Breinentovn. Tot:mho:09o. Froject,• . .. . . - Fairfield Court Partnership Project, and Dr. Huopoin • . • .:- • • • - Clinic. rani eritiite:" . . . . . . . .____, • N., -..ge-2;"--A.:7e,t. it.-,---ri-t.)•s-f • .ftesom-Onmon,-Choirmon. . HAIT Board of Trusteed 11: Noziruddin Secretory. HAIT Board •of •Triactena . • • . . , •.. •State of Indinnn :, ' 1 • County .of Marion . . . . .. . . . . ... . Subscribed' and.avorn before me this 14th day 61 December,.1992. ; \-,..•.: ,.. '.. • ' . ... ..... :-.:1 \:::./3:-,. • Bahauddin. Bade: . • Rotary -Public • •• - Hy commibolon.dxpires: October 8, 1996 • • I certify that thicis a true and exact copy of the -original.- • 286597. • Hy commission exp • County of Residenc TILEDFORIUMli OKEECUOUEEMil Bahauddin Bade • 96 SEP -5 AM 9: OalotaryPublic • . . gisifz;s .00;e4'ltatr. Cr'ce,sa . • Stan to: (mime s,It•,ddmttd ,tamped tnriope) Chester B. Griffin, Esq. Ntnr: P. O. Box 1270 Ft. Pierce, FL 34954 nit Imtruamt Papund by: N,o „Chester B. Griffin, Esq. of Neill Griffin Jeffries & Lloyd, Chartered A °6” 11 So. Second Street Ft. Pierce; FL 34954 Progeny App.Iren Pared Idmdnadoe P011, Naobeds): Cr eNel.1 33.a O) SPACE ABOVE THIS LINE FOR PROCE&SINO DATA WARRANTY DEED INDMD.TO IR MD. 2;2908 RAscoFOnMal BG CK t.) � C €1 1 ( U FILED rpt I:I.���ITI l.. OKEEC,M1:., 961'11N 1t) P1112: n9 SHAROft CIR UI tCOU :': CLERK .-mamientatY $tamps paid In the amount of • r._� . �/tu:...�.l.e. ) gyp• IleMolChcUlt Iutt d£'= 11111):3 Poll arrf1111u Prat, Made the 8th day of MUZAFFAR HUSAIN and SURAIYA HUSAIN, his wife ZZh``e[[rrteinafteqr Lcalled the �GGrantorM, �to SURAIYA HUSAIN, as Trustee of the Suraiya Husain Revazral Tvtlasetp05t 0 rce addressers ]081(1 Ey�l�th Street Okeechobee: "FL' 34947 hereinafter called the Grantee • - - . . (Wherever used hereto the ta'rmn'Grantor and •Onntae' Indude•55 the pelllao to this Inetnrment and the helm.11501 top taeanlelke,. and netting of Individual,. and Iho summon and assigns of =potations. whatever the tonal so 0dmlte at requires.) • ifnesseIh, That the Grantor, for and in consideration of the slim of $ 10.00 • and Other valuable considerations, receipt whereof is hereby acknowledged,, hereby grants, bargains, sells; aliens, remises, releases, conveys and confirms unto the Grantee ail that certain land, situate in Okeechobee County,'State of • Florida • ,•viz: . • Lots 6 -10, inclusive, Lots 19 and. 20, and Lots 23 -26, inclusive; Block 2, Lots ':1L - -14, inclusive, Block 15; Lots 1-41, .inclusive, Block 16, all in City of- Okeechobee, according to the. plat thereof recorded in Plat Book 5, page- 5, public records of Okeechobee County, Florida.. SUBJECT to restricdtions, reser- vations and easenents, if any, of record. _ Grantor• confers on the Trustee the power and •authority.to protect, conserve, sell or lease, encumber or otherwise to manage and dispose of:the ieal.property des - cribed hereinabove, including but not limited to:all powers listed in Florida .Statutes 689.071. . • lio ciher, with all the tenements, hereditttrnents and appurtenances thereto belonging or in anywise. appertaining. ('Zlri FrIn6e una, to 1nIb, the same in fee sintple forever. ci■tta the Grantor hereby covenants with said grantee that the'grantor is lawfully seized of said land in fee ' simple; that the grantor has good right and laivful authority to sell and convey said-land, and hereby warrants _the title ►o said•land and will•defend the'sante against the lawful claims of all persons whomsoever; and that said !and is free of all eitctnbrances, except taxes accruing subsequent to December 31, 19 9. . 0111 Pifness Xlilhereaf, the said .Grantor has signed and sealed these presents the-day and year first above written. Signed, sealed and deliver d it the presence of �� Minn. Signature 1es 10 Gas f . oI) J.l Onntor Slgnemm . • Chester'5. •iffin Muzaffar Husain Printell ame • SPACE ABOVETHIS DNEFOR RECORDING DATA • May ,19 96 by • III! Wilmot SignOur at 1a Gm Gnmor) Mary van der Luqt Printed Merle Menem Signature 10. 10 Co.G.ntor. 11 ,nyr Printed Name Wimp Signature 1m 10 eu.0.alur. 11 any) :25.- Pdeded Name e STATE OF FLORIDA l' 1 hereby Certify That on this day. before me. an officer duly authorized COUNTY OFST. LUCIE a I Muzaffar Husain and Surely Husain,. his wiF t a, dministcr oaths and take acknowledgments. personally. appeared Pdm0d.N.me • • 150 N. E. 13th Street, Okeechobee, FL" 34e74* Pa. Othc, Addrett . • SIR teu e. Co•On0mr Sgnetum r my) Suraiya Husain Printed Name • • 150 N.E. 13th St. Okeechobee FT, 34874 Pmt ofnm•Addtme • E. c U 94 II known to me to be the petsun 5 described in and who executed the foregoing instrument, who acknowledged before me that they executed the some. and an oath was not taken. (Check ones) Said personls) is/are personally known to me.0 Said person(s) provided the following type of Identification: NOTARY RUODER STOUP SEAL • fir`': MARY VAN DER LUQT :a_ PAY COM ISSayION dt7 / .CC3555 Teso 52 COMES '▪ ti()„tid• aIXtrttOTX111110YIp1NIXtllaSH UC. Witness my hand and official scat in the County and State last aforesaid This Bthday of / May - /r Homy Srsmluie van der Lugt A.D.19996. Wand Neme AN 10 2016 August 9, 2016 City of Okeechobee Attn: Mr. Marcos Montes De Oca, City Administrator 55 SE 3`d Street Okeechobee, FL 34974 Subject: 441 Palms, LLC Abandonment of NE 3`d Avenue from NW 13th Street to NW 146 Street and the Alleys in Blocks 1 and 2 of the City of Okeechobee Plat Dear Mr. Montes De Oca, I own the following property: City of Okeechobee Lots 19 & 20, Block 2 Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: East -West Alley south of Tots 1 -10 and north of lots 17 -26 in City of Okeechobee Block 2 37, CAJW, Signature of Property Owner Suraiva Husain, Trustee Printed Name STATE OF rr- COUNTY OF I'M f - +{ --E: The foregoing instrument was acknowledged before me this V A /201 (date) by s who is personally known to me or who produced identification and who did (did not) take oath. (Seal) Commission No. FF ci %zc I (Name of Notary typed, printed or stamped) F -oR OA k9A t vE'f tleai eas NI a 0 2016' August 9, 2016 City of Okeechobee Attn: Mr. Marcos Montes De Oca, City Administrator 55 SE 3rd Street Okeechobee, FL 34974 Subject: 441 Palms, LLC Abandonment of NE 3rd Avenue from NW 13'h Street to NW 14'h Street and the Alleys in Blocks 1 and 2 of the City of Okeechobee Plat Dear Mr. Monies De Oca, I own the following property: City of Okeechobee lots 15, 16, 17, and 18, Block 2 Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: East -West Alley south of lots 1 -10 and north of lots 17 -26 in City of Okeechobee Block 2 Signatt'rP o »roperty Owner Muzaffar Husain, Trustee Printed Name STATE OF t71 R. t O1A- COUNTY OF ('J( The foregoing instrument was acknowledged before me this L /' by M v L.S 4t 1U . 1 who is personally known to me or who produced identification and who did (did not) take oath. (Seal) Commission No. t " GC{ r-sTA-Orci_ 4A4-441. (Name of Notary typed, printed or stamped) (date) as CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light f e L ha s ro 06 -54 4, .,, 1-0 863- 467 3721 or -1-1-1. A ban d,rrm.s.„4-- 14 6 il k , J,,e- t k P o r - \ a - R O $ 0 4- - r 4 / ctQ ,, t-t/i 1 1 AA( Donna Padgett 86367 -370II Prr1 Ems_ ,F- ?&-'.r L t A. Afv.,_ Alit ionized Signature �0nntor Rz1j14- W2,-ti 'l -3-?o `l ['31 Typed Name & Title Phone No. Date Century Link 863- 452 -3473 Tess Bentayou tess.bentayo(centutyllnk.com Authorized Signature Typed Nanie & Title Phone No. Date Comcast Cable 863 -763 -2824 107 NW 7th Avenue Authorized Signature Typed Name &'1Ttle Phone No. Date Okeechobee Utility Authority John Hayford 863- 763 -9460 100 SW 51h Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Date Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date CenturyLink- LETTER OF NO OBJECTION May 20, 2016 Mr. Steven L. Dobbs, P. E. 1062 .lakes Way Okeechobee, FL 34974 SUBJECT: PROPOSED VACATE OF NE 314 AVE AND ALLEY IN BLOCK 1. AND TWO ALLEYS IN BLOCK 2, CITY OF OKEECIHOBEE, ACCORDING TO THE PLAT TI-IERF,OF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS O.KEECHOI3EE COUNTY, FLORIDA; PRN 777252 Dear Mr. Dobbs: Please be advised that Embarq Florida, Inc. D/B /A CenturyLink ( "CenturyLink ") has no objection to the proposed vacation and abandonment of the following: 1. NE 3rd Avenue lying bounded by NE 14th Street on the North and by NE 13th Street on the South and lying between Blocks 1 & 2, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records Okeechobee County, Florida. 2. All of that certain 15' wide alley lying between Lots 1 -4 and Lots 5 -6. Block 1, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records Okeechobee County, Florida. 3. All of that certain 15' wide alley lying between Lots 1 -10 and Lots 17 -26, Block 2, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records Okeechobee County, Florida. All of that certain 15' wide alley lying between Lots 1 1 -16 and Lots 10 and 17, Block 2, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records Okeechobee County, Florida. All being more particularly shown on the attached sketch. Should there be any questions or concerns, please contact me at 407 - 814 -5318 or by email at Vietoriel.bucherlli.cent urvlink.com. Sincerely, EMBARQ'FLORIDA, INC., D /B /A/ CENTURYLINK Victoria S. Bucher, SR/WA, R/W -NAC, R/W -NAC Network Real Estate C: K. Lutz, CenturyLink 33 North Main Street Winter Garden, FL 34787 Tel: 407 -814 -5318 Victoria.bucher @ i centurylink.cot ww,, centurvlink corn 1 e.:•P • ■7 • w , Wt.= • P.A 2k, WM I. i<t-F ZZ) 7 r,10 .4,.• • . A lq 4 a.8 cuBIS Pazpoyiny 31111'8 aweN pad' L 0 4STE-E9L-E98 0, .0 n� 0 er1 0 1 0 C 0 <z ^n o9 0 0 W Re 00 z 2 0 almeu9IS pazuoylny 21111'2 aweN pad.C1 annany mS MS DOT 09i6-E9L-£98 0 0 0 amieu2is pazpoyiny annaAv mi. MN LOT 4Z8Z- £9L-E98 0 cr cr A X A y. azmeeFis pazuoyiny aR11. aweN PadC.L EL4E-ZS4•E90 aJnmLS!S pazuoyiny apl,L' aweN padA,L 0 IIVJI KUI. I IUIYJ; UCUYCI WC pea. a uusa �• ••- ••••••b'•--- 'v-- -�- --- must be signed and dated with a contact number for each person. Florida Power & Light 863.467.3721 or Donna Padgett 863-467-3708 .10 TZL£- L94•£98 E 2 � C P.': • O ▪ y E 0. 3" , ag. E.4 0 C w Q e 0 0 F Aa 04cr ,s cit 2- o C ry� A 3 F Utility Companies Authorization Form ro ig g: CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 - 467 -3721 or Donna Padgett 863 - 467 -3708 Authorized Signature Typed Name & Title Phone No. Date Century Link lrbanclonmen+ off' IUE 3`et tkv.e_ -Cron, UEJ3-4'' Jo XJIJ /5'4. 863 -452 -3473 and Tess Bentayou 863-763-9460 tess.bentayoOcenturylink.com IOC) 0 E3ECTT0IVS Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority lrbanclonmen+ off' IUE 3`et tkv.e_ -Cron, UEJ3-4'' Jo XJIJ /5'4. John Hayford and Mier in Dlock (,:3-a of -1-hc 0-i6o-NOkrcch c 863-763-9460 IOC) 0 E3ECTT0IVS 100 SW Sth Avenue thorize.. eGc� Ji - /•a Typed Name & Title OA 4. Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Date P1.4- Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 - 467 -3721 or Donna Padgett 863- 467 -3708 Authorized Signature Typed Name & Title Phone No. Date Century Link r�E' 714 /11/L3 li< 7-4 t,--r 7— o G4--9.J.r 7/7L 863 -452 -3473 Tess Bentayou 863 - 763 -3154 tess.bentayo@centurylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863 - 763 -9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Date Hamrick-Ii<stata -T2 f �-ST- r�E' 714 /11/L3 li< 7-4 t,--r 7— o G4--9.J.r 7/7L Gil Culbreth, Co- Trustee /to 1-z,€--ez -- f— ,ilil SLe 6j z e- f--42 0 A e. 7--y 863 - 763 -3154 Authorized Signature &3 -71.33 ? -/‘ Typed Name & Title Phone No. Date OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER Drawn By: RU55 DUNCAN CFE, AGRICULTURE /MAPPER Date: 5/12/2016 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON ro w 0 0 A 0 n f 9 En In 15' ALLEY (NOT IN USE) Ll L 'on" w 3 0 RIVERSIDE DRIVE AS SHOWN ON PLAT OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK (PLAT 600K 1, PAGE 22) N0413-eo-d°1. -- — N330:1O a0.1AV1. 7 0 ^�i z�m�zayt�bbA�n 0 ~° j m c y y y bby O Z4A T2 b 'yy0b�acb M 'Syy n y�0)2C�0aaa N V y 1241::::: 4 2n°bo� °vas O 4;11"° 1 U y° 2C V oo 0 2y O; ~ 11 ::, yam y0 3 � a Zpa� Z2 2Cy O k-2 %' R M sy �aa o ti ts W'' b V 0 m202 q 0 M Y O m co z 0 0 z � X04 V J z 8 ( 9 17 1 16 17 16 20 21 42I 111. III 51.1 OKEECHOBEE ST. LUCIE COUNTY, FLORIDA WHO A N00W111UH Or A PART or SECTIONS 15,16,21022 TOWNSHIP 37 SOUTH RAHOE 35 EAST 1111111111111 111111'111111 /u. 27 N 67.1 assmatom 9 I 10 /�11T1 EYH :11.::14:1 41, 1.111 1110111: :: :1.111 11 :me:1m Ca CST 1.1 041 -4rH 111,111101 1 10 15 L 6107 HTCrer NTH 10011 3101 p,.ITOS�NT H 11g111111.11a1m1 1:111 29 28 OT 61'.1 IXTCE NTH 11111:1:11111 I n.O1H IT.1 91101 :mm:m:T 1111 1 :a : "LIM PI FT ,71711771-.1 10P 11 1.514 14.1 1:11 MOO 111 a : "..:�::1 FoulxTrl_.,.,TI -1 +1+1111�1111111111 11111:�+mi1:1 Hr TH 6r.1 CH.01TH 6T.1 TV./ C-LFTI -I 1.0011 MOO INES 101:90 MCI (4.5TH EL) EL.LVeNTH Was 1@0141 •TH 51.1 YYYYYYOI TCNTFN 4(11.3(10 ST./ 101111 11g 0 1141 5IO,HT 1-1 CGO .11.1 110 41 110110 caA01 :oG�.;; ��= COt':Cp�CO 1111 ��y� 1G��11 0.1ma 1k ,0. QC1m0 pd va pQ� :11 p �4pp a : : °m Cp�1mp 1p�pi NORTH PARK STR CET _ MI WO WM 111. 1131•=1 Ili:111 WEI PAR -or 11 :a1n 11 g1 11 a11:1g1nn 61aom �111aa61 54;F SOUTH T m n- �I m� 116 ��� 151.411 11�m1 1: tmm a1r��4 0�� 60 O,-aT. ST. 16.0 53 6,5.1 can OI,CTH 41' If 3RD R.1 9 J FIFTH Av C. 6 (5.•1 651 1002 f3. rQ CA- r 3DQ JZ Q 0 191 FOURTH ST. t 16. 611 ;aE 1,191:aDy9:0.1;!PIP Vii.m..101:0: Q`111.0�G. H RO 3 100 1 614 T e /'KNOW ALL MEN BY THESE PRESENTS, THAT 4.00GC0O)5O4 3. 6PANY, A ' CO¢PO,CATION 0 ,4Tµ0 OW NCR 00 T..r 1021'4.14 0A000L. OP LAN0 00.3.5.01000 AT. 5101.1.0443. -no PWO11 16.51 ^L• A- ' 00CTIONO r-3. 16 21 4,.1022, Tow443.141, 0, 00070. 0.4.03. 00.AOT. %T. 1.01110 Cou0TY1 6000040 WV TMU 0.300.0.510 0414)404.01105 OC'TI.ICC Accomo•F YI06 PLAT' (0.03.100104 AT A POINT 14414.51 T4. o TH 1_1NO ou 04401NTIC0I4 ST0150T6WHICH I.01NT 1% A COMMON 10141410. OP 6061'101.13. O. 10,1.1 ANO IC, T00N TOWN - 1,� 5-1 5001.514 1 w.N40 4.6 ...err, T140NC4 LN. 0. 06,000.5000 0.0CTI064 010. 0,010,06 SOCTION:. , u NI 006.0 • 2 LOr 044,04.,•10 04N6t To Q1.1A0TOR 4.0¢0010.ON -.AIM 404.0.4014 1.,04) 5.00000.6 �UT4 ALON4. Tµ1✓ 42 A Toc L 4GCTION IS 1'01'1471 SOUT40/.LT 3.01-643.0 05. C.0V60NMCNT 1_0,2 O 003.1'100 52, T0WN3.4100 -) 'SOUTH, 0..040.950.A'3T. • _ UT40J 4TCCLY 4 6 THI0LOUT643AST0.R44 4.0446404.0.0 L )4440141' 1.003. 7,....40 6, 0.0.0110122, • TOWN3.141P 0.-1 1.UTH, 0.144• e6•4.4T1 TO -cu.. '1107µ`4010T 110.1065 005.5•.10 5,00.01,M001. 1.0T.4i 1'1.60.4 6.14TOWINO I5. 100TH010STC000 44.0 )441'40 T0UTH0A4T0014 0011000.40 1.,000. Oc 3. 0.10010101' 00 .51 4.2 4407 O 1, N 41 OT So)TH, 05..5.160 0..S O4.LT, TO T.. 0ouT4014.4T 51¢4410 OF X10 LOT 0. 044 .564450.044064 0.01.11-0AR0 1-14.117 HOC r 710TH 1 APC.011 .O 0u6c WOT.T 4.403. !. .15144TH LINO OFD OL0C0I AocTNWOS73.03.6400 W.........0C-C10. FA; TNT...a LAaLT AI-0.10. TH0 ' TATu. TH yr.. OW 01404.¢0 LINO,1 0 ..cT000• 21 ^w1' CON0A 00 5:,..016 A )40 T40 W14T' OC 00410)4,06) 140000.0 0001CA,'03. F R cD P 000 0.0. 01.11.'6 T 000 004 0 p0. ALL THOS. C)•0T4.1N STOIls O NO MA0KG0 OC INOICATO.O o0 5110 PV.T AS v • PUOLIC PER R W.V., YoccF.SL.IR FACNS.. 4.0 TZO TO 1''40 LLUA64 TPA./ 01. oc 1.115.1.0, Wo¢.0.e P.♦O.2O 3.o .1.00 3.0,00 3.00 COCLUO 144140014 SA10 03.01C..T,064 1,100. OY 00 00¢ 0,.11.404.03. a 00,140011 00.01CP T¢ANSFO¢TAT ON 1 �1A.. T A7.1%I.11S3I00 4.01. APO 0) 00u5A.A.FosUOJCCT To 4410 0151TC0 0001CATIO4, 11.10 06.01 To0. I4%PY0LSLY 16.011005 o)CC.LUSIV000 0 . IT, 00CCC5SO0.3.4440 45.13.64. Ow440R0410 T,TLO 4.40 45.06.03 004 AN0 04.114 4140 o .100.0 C/.4fMCNT. 5110.4010, 01300, 4011.0041'.1 AN0 CcANCHls.. ,N, o0. To, 4,40014, 0410.,¢/.00 05..7.0./.10 STRIP AN0 0.1GRY PA4T 1'640¢0.50, 1040101646T'µ. Co11TRUCT101 . MAI OTONAY C0 A,O 0,001.1'10)4 OP ¢AAL4AY5 ec'T 41. 60....0, T 441. 4.4 L )4018 MCA., AND MzTH00n or 01'0.441141 jTIN4 14L03.TR1- C1T T, W •' T 51144040 0 we,;-'' C G '" ":".0.7,7,-":,°";;;;_. 10 T THI F c�1,Pn.4 `44. cs MO3.0 1� 006 RL 1. 1'4 Fvcw.a , c.A.1 'P44¢TW. o .¢.0,064 . 064 P Y 0,3.1 Aaa AN. AN, 517 0wl•CRCOP4.005 1,e.oC0L•YX100001UTO41.1.. :4411 so 44 MY0.Cca 01.4.4.160000064501': O.4WON,1J.,41.4 O0. PP_...100 G 5 6040001-0 O ILO 5 �O Oo01 C.,.T00 TOT 04.006 A.A. 1414 080100, 11 OND 010 0014. !000005. 00 C00P5 01.10.55. IN THC I.1. 000 OP PPP PPR,* VI aVO OT 4¢ . CO0. 05 Coo v0. YA Y 04.0.5 OP 54. o OT0) P3. 04.1.1. 4401' Bb OT 040¢4 D AS IULL 4.4.1.100 ,446144. 044,000 ¢01 0R5104TUR14 e Po OR IL L••4.AL 14, coo O 4051000. OR 44,4,644^+, OUT T44.T ALL +010 04444CK00I.1 TITLC•, 00.0012.41000, 04.80441..OT.,P4w004, 6144400., 0124 }00 0 0,.1'4 144 Al C Cc u1. oF Iv ILC4.S 440 c0. F 4.10 01:1 CPT100 44.0 o R 0007 441.01.0 FuKT4P¢1THAT O 40 TuO4C �4.00S 654 .040 A1.HO Tow.orrs. MG Nr OKN40 0066, *4.01,40104110)50.5, 4.0000 4.05'1400, 01.AT4 4.1+0 PAP. PRO 000164.000 14065 OW OL13 031 54., 01144.1,' T OH`G LIMITI�Tl0143. 1645. 41141'0 To 114514.1,1. AHO MAIOTAIN Oy01.IC UTILIT105 764000 041 4.15 44001.•.00 06405,000. 0+10.500:0' /.1.L 0'0460 4514..61-•. c 14 30110 PLAT NOT oo 4.04.00, 401455046460 064(4 WORD 00.0000.0 00..11411-1.5.• •000 IS 4A40,TT0., 714001106 065 5.101', ARG 1.001 LY 0 %3.0.0000 4.100 120000.000 CY TWIS COMPANY. WITNESS T.. 141CM051.1.40TCOA1- OP 57010 CORPORATIOO 6Y 4571 P0Ce10a14T. Arras rap CY 175 GOCKOTARY., T.,. TH.. 1,7 OA, OF U/.OUI.RY AO. ells. • ••11'15■ cos.*. ▪ TAT. o5. FL. JPD., Cou07Y e5. 00.060 M0 Po R. T 4.40 Y APP J.C. ,.14114.HAM A0o .,v4CY Rc R.oN To 440,001.1. u++o A10 001440'1'0 M To Y1 T4P 10 0101 1 044 05•1 4.0010 ANO WHO 0%OCUTOO TW! Fo¢0401uC. 1H6TCE 6141' A, l.00eDaO.T ANO. •. A¢Y RTUG 0041.0 NAMCD OKCCCH01000 COMPANY VOG LY A•K0o CUM. 'O To 440 .10,000 MC TWAT THOY C TCO 14614 INITRLIMCNT A•, 744114 PROOIOC4T 4.00 SCC¢OTARY cc.P66TIVCLY OF 51..10 GO¢POGT,oN A )4o TW4T THC �:OAL APR, %6.O To TH0 14o0C4e,N4 ...co. M0NT ,S TOC co.P00AT 0 5.14.1. OF 0.,0 3.0044410.1'100.0 O4UL1.01CORFOIIATFPIKOO oC.l- • .40 I7.TL'EM04T v Duo 4 .o TTF.ANO FArr l5. IW^..T 44441.0, 1, .. ports. KT.v 1411 to • los. CP.T1oN• 0 - A1. TH,c•. II.•- WIT1VtSb OA, Y 4 00 0�u01Y Ig14. (CUA5. 4. 04UMLDY) F 1411'4.10 PUOLI6 MY CoMM15S10N MI., RISS in/.RCH 2¢•++1.5,1 • 514.0.0, SCA1.1.40 4.7 o 0.-100000 lu THC 5.4.000060 OFD) 14. u_�c. 1�n 44,441. (1✓.M 14 14 1101) K EEC HOBEE. COMRAN`( nY , (,15.15. 14644141.44) PRn.00cNT 4.TOOT. I,.,ONdV u..RR• OcCROiTARY .GY c1-RT1FY A O 441.51 P THD 1100,010000 0 Tow086410 Tl'1 couTHFR.N 411 1' l0.4.0.015 ANO CO¢- C,r 400 Ea, 010 605./10000 1CSauMOr tiY ow. I42 CGNTLY OFF. PP 5.01`0 AN.l 5.14.1'1'00 1ST 0 MIT, wITO T.. 0.5.05. .1¢0440 NT 544¢000 O O• (... M RAG•) LAN OOL N0A5001 6.¢0 To coo.... ..10 THP3 Lo.,. OAY OP J U r, A• HAc AO u 1 .aw O 4 TO c PLOW 4.0015.,1 1'4.060 MY 11+MM�+s ON�C %0+140 -! .Go Y IO1 v. AA LoT NO. 1 TwO LOT NO. 05 3.1.03.0.140. 971. 0.16, )44.1.11. 10041T. eN r4. u• O,'0O WNC. POM oT 0 ORI.a1NAµ0'SI.L F 11.4.1'• T 1'0-014 FL04110A OF 0.11 TN., 00156 00 1.1.11' OF Fc 00 F 0120 ,1 T 00 1'0611.01 TWCn�vwl +FcoT AO 17141 400 Wo OATUO 000 01 .. ❑uLV CCGORDOyO 11 PLAT 0000 1.44 054 MY 644140 . -O0T H 0. 404.0 OF T00 C.112 C./.11.1. �100141' T013. •� 04.0 of s •. 1.814. (. .) cirP.M 06 C.C.., COU¢T ocouTY 3.1.100 40155 (614. 1 Il 0141001154 ) NU 1690. 0612101c4T10N: o4Y OF THH. 0.4.10AL 100. u4cCHO0.0C. GNUNO MoL PLAT! 00,16 AT Ou0a 14014 e. AGtr40 3.oUNTY, a1.F 504.5. HOPAY`iPLAT OPOK LECIC ON FLOfJIPA47 Y51¢I�(y���._Se� ''1.I ofC IT 101441' 0.4, • O.YiI F ,,14•TCC00 LAN. 0U200,00 NO. lobo. 0/.000,, 4000,010 O.LINCAT.4 Staff Report Alley and Right -of -Way Abandonment Prepared for: The City of Okeechobee Applicant: 441 Palms, LLC Petition No.: 16 -002 -AC [t� Planning & \lanag ement Services. Inc. 1375 LJackson Street. Suite 200 Mori Meer.. Florida Serving Florida Local Governments Since 1988 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3'a Av. Request The matter before the TRC is an application to vacate /abandon the 15 -foot wide alleys in Blocks 1 and 2 and the platted but unimproved 70 -foot right -of -way of NE 3`d Avenue between NE 13th and 14th Streets, more particularly described in the legal description of the property. The requested abandonment encompasses about 0.76 acres General Information Owner Agent Site Address Contact Person Contact Phone Number Contact Email Address 441 Palms, LLC 1080 SE 23rd Street Okeechobee, FL 34974 Carrol Word 1080 SE 23rd Street Okeechobee, FL 34974 The east -west alleys in Blocks 1 and 2 and the platted but unimproved portion of NE 3rd Avenue between NE 13th and 14th Streets. Stephen L. Dobbs 863 - 824 -7644 sdobbs @stevedobbsengineering.com Legal Description of Subject Property THE EAST WEST ALLEY IN BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND THE EAST WEST ALLEY IN BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND NE 3RD AVENUE ROW FROM NORTH ROW LINE OF NE 13TH STREET LOTS TO THE SOUTH LINE OF NE 14TH STREET, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: BLOCK 1, CITY OF OKEECHOBEE IS ALSO DESCRIBED AS BLOCK 1, OKEECHOBEE FLA. SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Serving Florida Local Governments Since 1988 2 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3'd Av. Characteristics of the Subject Property Future Land Use Map Classification Zoning District Use of Property Acreage Existing A small portion is Commercial; the vast majority is Single - Family Residential A small portion is CHV; the vast majority is H, Holding Vacant, unimproved alley and RM/ Medical /Dental Offices Proposed Commercial CLT, Light Commercial 0.76 acres 0.76 acres Description of the Subject Site and Surrounding Area The subject of the abandonment /vacation is the 15' by 512.50' vacant, unimproved alley in Block 2; the 15' by 200' vacant, unimproved alley in Block 1; and the 70' by 315'; unimproved right -of -way of NE 3rd Avenue between NE 13th and 14th Streets. The property owner, 441 LLC, owns all of the lands to the north and south of the alleys (all of which are vacant), except the two southwest most parcels located immediately south of the alley in Block 2. The southwest most parcel owned by Muzaffar Husain, Trustee, contains a 2,240 square foot building listed as a professional office. The property immediately east of that parcel, is vacant and owned by Suraiya Hussain, Trustee. The following aerial photograph depicts the right -of -way proposed to be abandoned and the surrounding areas. We have also included, at the end of this Staff Report, a copy of the graphic provided in the Application showing the ownership pattern after approval of the abandonment /vacation. Serving Florida Local Governments Since 1988 3 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3'd Av. Consistency with Sec. 78 -33, Vacation of Rights -of -Way Sec. 78.33 states that applications to vacate a public right -of -way may be approved upon a finding by the City Council that the following requirements have been met. The Applicant's responses are provided in Times Roman typeface, and are repeated below exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff Comments are in Segoe Priv.t. REQUIREMENT STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. There is nothing in the City's Comprehensive "Yes, the vacation is consistent with the P /an concerning abandonment /vacation of alleys City's Comprehensive Plan. The City's or road rights -of- -way. The surrounding Comprehensive Plan defines a Right of property owned by 441 LLC is designated Way as "Land in which the state, a county, of a municipality owns the fee Single- Family Residentia/ on tAe Future Land simple title or has an easement dedi- Use Map and is in the process of Small Scale cated or required for a transportation or Amendment (SSA) to designate it as utility use (9J-5.0033 F.A.C.) Since the alleys have no current uses nor any Commercial. The anticipated medica /office use foreseeable uses, they would meet the is consistent with a Commercial Future Land Use requirement of abandonment. NE 3rd designation. Therefore, if the Future SSA /s Avenue has no outlet to the north since the City Limits Ditch is to the north and north of the City Limits ditch is a pri- approved, subsequent use of the 441 LLC property and tAe subject property to be vate nursing home who would have no abandoned /vacated will be consistent with City's interest in private traffic traversing their property." Comprehensive P /an. 2. Right-of-way to be vacated is not the Neither the alley nor tAe right -of -way of NE 3rd sole access to any property, and the Avenue provides tAe sole access to any property. remaining access is not an A / /properties abutting this alley and the right - easement. of -way of unriviproved NE 3rd Avenue have "This request meets this standard." vehicular access afforded from NE 136 Street Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3`1 Av. REQUIREMENT STAFF COMMENTS 3. Proposed vacation is in the public interest and provides a benefit to the City. "The existing alleys and NE 3`d Avenue We agree wit/1 the Applicants assessment of t/ e ROW are currently unused and have no public benefits associated witAF abandonment/ immediate or future use. This is in the public interest and a benefit to the City vacation of t/Fe subject alley ana' street rig/Fts -of- to remove the existing Rights of Way. Way. This will reduce the land the City is required to maintain and return the land to the tax rolls." 4. Proposed vacation would not The Applicant Aas submitted a Letter of No jeopardize the location of any utility. Objection from CenturyLink and a signed Utility "Since there are no utilities in the exist- Company Aut/lorization Form from FPL. On t/Fis ing alleys or NE 3rd Avenue ROW form FPL noted t/1at upon closing it will need an there is no jeopardy to any utilities. easement for a powerr line in t/ e NE 3rd Avenue There is a potential water main to be installed in the existing NE 3`d Avenue ROW Therefore, it wou /d be necessary for t/1e ROW, but that right is proposed to be owner to provide easements in tAe NE 3rd protected by a proposed easement in the Avenue ROW for OUA's water main and FPL's limits of the existing ROW." power line. Serving Florida Local Governments Since 198 5 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3rd Av. Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley and street right -of -way vacation /abandonment is consistent with the requirements of Sec. 78 -33 with the stipulation that the owner grant the needed easements for OUA and FPL. Submitted by: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management August 26, 2016 TRC Meeting: September 15, 2016 PB /BOA Meeting: October 20, 206 City Council 1st Reading: November 15, 2016 (Tentative) City Council 2nd Reading and Public Hearing: December 6, 2016 (Tentative) Serving Florida Local Governments Since 1988 6 Applicant's Name(s): 441 Palms, LLC Vacation of an east-west alley and portion of NE 3rd Av. Sening Florida Lcl Governments Since 1988 7 MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, SEPTEMBER 15, 2016, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 I. CALL TO ORDER — Chairperson. The September 15, 2016, Technical Review Committee meeting was called to order at 10:00 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffrey Newell - Present Fire Chief Herb Smith — Present Interim Police Chief Robert Peterson - Present Public Works Director David Allen - Present Non - Voting Ex- Officio Members: City Attorney John R. Cook — Absent (with consent) City Planning Consultant Bill Brisson - Present City Civil Engineering Consultant - Attendance not requested County Environmental Health Department Representative Doug McCoy - Absent OUA Executive Director John Hayford - Absent School District Representative - Absent Committee Secretary Patty Burnette - Present III. AGENDA — Chairperson. Chairperson Montes De Oca asked whether there were any requests for the deferral or withdrawal of items on today's agenda. There being none the Agenda stands as published. IV. MINUTES — Secretary. Building Official Newell moved to dispense with the reading and approve the Minutes for the regular meeting held April 21, 2016, seconded by Public Works Director Allen. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Petition No. 16- 002 -AC, to abandon the 15 foot wide alley, running East and West between Lots 1 to 10 and 17 to 26 of Block 2, and Lots 1 to 4 and 5 to 8 of Block 1, CITY OF OKEECHOBEE, along with the 70 foot wide unimproved portion of NE 3rd Avenue between NE 13th and 14th Streets all as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County - Senior Planner. Planning Staff Report: Planner Brisson explained the applicant, Mr. Carrol Word, who is the Registered Agent for the property owner, 441 Palms LLC, is proposing to vacate two alleyways and a portion of Northeast 3rd Avenue in order to join the two blocks into one larger property and develop the area into a 71,200 square foot medical /dental complex. TRC - September 15, 2016 - Page 1 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Application No. 16-002-AC continued. 441 Palms LLC owns all of Block 1 which consists of eight lots, the 15 -feet wide by 200 -feet long alleyway divides the block in half, Lots 1 to 4 are located on the North half, Lots 5 to 8 are located on the South half. Block 2 consists of 26 lots with two alleyways. The North to South alleyway located between Lots 10, 11 to 16, and 17 is not included with the Petition. The 15 -feet wide by 512.50 -feet long East to West alleyway located between Lots 1 to 10 and 18 to 26 is included with the Petition. 441 Palms LLC owns Lots 1 through 10, and 21 through 26. Muzaffar Husain owns Lots 17 through 18. Suraiya Husain owns Lots 19 through 20, both have provided the required acknowledgement of no objection to the abandonment. Located West of Block 1 and East of Block 2 is a 70 -feet wide by 315.0 -feet long dedicated roadway known as Northeast 3rd Avenue. The roadway is unimproved, and the City does not have specific plans to improve the roadway at this time. Excluding Lots 17 and 18, the property is undeveloped. Planning Staffs responses to the required findings are the property is designated Single - Family on the Future Land Use Map and is in the process of a Comprehensive Plan Small Scale Future Land Use Map Amendment (No. 16- 003 -SSA) to designate it as Commercial. The anticipated medical office use is consistent with a Commercial Future Land Use designation. Therefore, should Future Land Use Map Amendment No. 16- 003 -SSA be approved, subsequent use of the property and the subject property to be abandoned will be consistent with the City's Comprehensive Plan. Neither the alleyways nor the portion of Northeast 3rd Avenue provides the sole access to any property as all properties have vehicular access from Northeast 13th Street. The public benefits associated with the abandonment are, the existing alleyways and Northeast 3rd Avenue are currently unused and have no immediate or future use. It will be a benefit to the City to remove the existing rights -of -way which will reduce the land the City is required to maintain and the property will be subject to ad valorem taxation. Utility easements are necessary within Northeast 3rd Avenue as the Okeechobee Utility Authority (OUA) needs access to maintain their water main and Florida Power & Light (FPL) needs access to maintain their power lines. Planning Staff is recommending approval based on these findings with the stipulations that the owner grant the necessary easements required. Project Engineer, Mr. Steve Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, was present on behalf of the applicant, and commented Mr. Word was aware of the easements that were required and he has no issues. They will be addressed within the ordinance, as a reassignment of an easement is not required at this time. County Environmental Health Department: No issues were received. OUA: No issues were received. Public Works: Director Allen asked for clarification, the North to South alleyway in Block 2 is not being abandoned, as one of the exhibits provided from the utility companies indicated this. Mr. Dobbs confirmed, the North to South alleyway in Block 2 is not included with the Petition abandonment request. Administrator Montes De Oca expressed concern regarding sufficient access within the easements. However, specific development plans are not required at this stage of the proposed development, and would be adequately addressed during site plan review. VI. NEW BUSINESS CONTINUED. TRC - September 15, 2016 - Page 2 of 3 A. Abandonment of Right -of -Way Application No. 16- 002 -AC continued. Police Department: No issues were received. Building Official: Building Official Newell noted a potential issue with concurrency and the level of service that could impact U.S. Highway 441 due to the level of traffic proposed for such a large development. He inquired as to whether the developer would be responsible for making any improvements. Planner Brisson replied the impact on the roadways would be addressed during site plan review. Additionally, the applicant will be made aware that this development could be subject to participation in the City's Proportionate Fair Share Transportation Impact Fee for roadway improvements. Fire Department: No issues were received. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. There were none. He then asked TRC Members to disclose for the record whether they had spoken to anyone regarding the application or visited the site. There were none. Motion and second offered by Fire Chief Smith and Public Works Director Allen to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 16- 002 -AC, to abandon the 15 -foot wide East to West alleyways located between Lots 1 to 10 and 17 to 26 of Block 2, and Lots 1 to 4 and 5 to 8 of Block 1, together with the 70 -foot wide unimproved portion of Northeast 3rd Avenue located between Northeast 13th and 14th Streets, all within the CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County Public Records, with the following conditions: 1. Proposed development will adequately address Off -site Concurrency impacts; 2. Proposed development will adequately address sufficient access to the City /County drainage easement along Northeast 14th Street and /or roadway access to the north /south; 3. FPL and OUA easements granted; 4. Notation that the North to South alleyway in Block 2 is NOT included within the Petition. Motion carried unanimously. VI. ADJOURNMENT— Chairperson. There being no further items on the agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:16 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose of backup for official records of the Department. ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary TRC - September 15, 2016 - Page 3 of 3 General Services Dc Fee Paid: 8.18 _ Ito Jurisdiction: -60 A I it -0O3- . 55 S.E. 3d Avenue, I Okeechobee, Florid, Exhibit 2 st 2nd Hearin 1 Hearing: (�_a� (L g: N /A Phone: (863) 763 -33. _, ..... iv Publication Dates: Fax (863) 763 -1686 Notices Mailed: 10-5-Ito ':: _ F_� ; �._.� '• �., s.�:s�'•. • =ice - ;'i'.� <a•„ _!° �.a�.�F•y. :.e o-7r_ n�-:.' ^rr- �:.r<.•+Tf- '_.Y- :.•x.�;r.+ •�� ?' :'_�- %,rj'cLs"•f:: - :.r; ,- .: 31:'7f: s-> . r. z %• BE�.� ..r - :. _ -,.K �.�,;_,:: :Rezone - :S ' ecial Exce t�onian -, r, r r v •, :iy), j:ri2 - ;ill .17:> . \ +xf :. -•c 'r-,-•r .�_;7 j-c.- - ,_.- -].0 -.A . m%-. , •: t :i � - „, ScS ”' •.'•:r.'V% •,: - .� _.a. — ,Y` 'C?r _ "�.•...t'.f, ..>;?:`:i�r.L'v..,:..:.::•.. �.l,.Y..1J C .� ....: ' -.. .:�� - .cam... -.;, t'•. _:., •r: i :�' +... rc., .:4,.: ''y:: -� ?7i::- - .=U"� .... _ -:+L ,., l:j,' . - r-•T�y S-- # ••.3,_.. _ ..u•:i�..:e..'�xyr,.. � .;.: �t:�_ �sS�.t,r -. } _ Ac c...z- -::C" _ i# , tf ^f J i'A,ilo bra: �`: .S•:•:;._. •C. _.:.t:r`'.F.- r ?T`c.._..; �� L,.:- s�. �=�: �,�;- �:�..�-�:��a -�:AP LI ANT.. INFQRMATLO: N. ��.;.r, .. >:�.�_.:�.:��.�.«.�R:.<�:�. 1 Name of property owner(s): nn `` LL at- EA A &6 Ho t d 1 i1 5 1-1-e- d14v1 l n 5 2 7 Owner mailing address: (} )% iL Fj { (�tc:..L%elfkc , �. 3 7 •._ , Cc: in�ie t Ic•, 3 Name of applicant(s) if other than owner -( -(a kc e Q �Lw, - ,,,v,24, ,;ow (v;�A 4 Applicant mailing address: (cob vE 2 lk q2.• i_e_e -ifrok, ec_ 3 Li el-1 Z= E -mail address: < c - no°raactin 6,4 �t rncu -I . u.�L �v�c. -�-�G �d�i�o�C�-��� -�''l= [ern f 5 Name of contact person (state relationship):. 1 Ar c • (xu z , -Di'v e%Y e C 0 kt, ct -Vort5 c r Mu hi-!nivvb 6 Contact person daytime phone(s):� ,L �`' c` - _ - ti.i__` ^- C• -=•.. ;- ;:.,a;.. �y_..Y,'. L..i- ^ii.�..;y:w T >.sv �:l•:: _ :'G:` ai - "( +.c- �.,M� -•'# ..."•a.- 'F ...'[:- _.S�eii;��rs >:n .`a aac�jt;4af •: =. , --4 4, .�:r.- ;, �__ .._�- : : _vA-eeiROPERT_Y INF.QRMATitN_ �.�f,- ,:--_:,,•._...:.,,_ ,. _ c �.i - ..4`:;•+ '2+..7iz ,�= -' ,i.. '�i�a .:'.L � . si-, j� t. _ rr�= ;ter- •;`'�_�'�c.e._ � .[.. ti>CL: %i =:.:; �::.::J •�'1 #�1 IL`S.'' =il r'S'f�::: °-- Y- nS-: .':i�t l=':'I::t. Y__s.51•_ a_� - •: =i~ •� !". ` ,'�_��jj:��iS- �tix_.- .n .. .... .. ....•l.- .:.i..�T. Jf..l�.. _.. .i.. -,a. i2).... ~Property .. address /directions to property (Dbe, ivt; 2`'-4 iA4Z 4 LA-e e. r- 7yekoe e 3y cj-1 Z � 8 'Describe current use `of property: ((�c,vvi eeo- ti�LA`'�'Li- 9, -..� - y x, t,,- �' `QA- Inc« i ,Lv * c, c bt( 4\ \E3�0\ �lci\Di \C t1w\ J2* �%F'Lrc ,:ki - 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. M' o(_1 /i Source of potable water: nit A- Method of sewage disposal: �,a. Cc' 10 Approx. acreage: to \ Is property in a platted subdivision? Y�3 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: -_.V'0 a�1 -4.4v e. c -v Q.. .lo c- ,n.rr•: -•.v Vi VkC�-Vrw-■ 5 tv- 1., i.c. o'(c Ail e A 6%1+4 ( CYclt�lctVtitf . I . 12 Is a pending sale of the property subject to this application being granted? N; o 13 Describe uses on adjoining propertyto the North: f ' North:Ghoice �..&)fs- i% * -:1%2) East:iZ&tia��kzCS tuc1c(r Te-- C\Av.0VcvES South: .-(,- \ \L. West: ;��1 -c� ,��,5�� O 5oc�c� An 14 Existing zoning: 1 -kg t- (Future Land Use classification. om roe, rod 45 / Have there be any prio ezoning, property? (No ( )Yes. special exception, variance, or site plan approvals on the If yes provide date, petition number and nature of approval. 16 Request is for: ( ) Rezone ('Special Exception ( ) Variance 17 Parcel Identification Number: 3_ lS 3`1 35 0010 00-1 SO ooS O I'theoxiii dstie 07- 0014 - - A p pio/ eL PS 4ti9 /o 08- 0111=6E ,o A Ffr,ve61- O I� 0 � g 01111�1_ =K 7 /rci /i � PPrc1Y?6l rC�CLL (.2- ova —be 7 #g (,� 1} Pv'" Page 1 of 11 1!ei .... ....� - =rte '4 - ' h�:";::•.J� �iac . ;e.rr �7�5 "�: a F- 1' �•_ta•t, +. ••a: r.f. nt: i`ItC _ _ .._ :::z =: •��,.� :� _•RE- �UIRED- TT' C _ _ ;:�;: Q fA A HIVIENTS -:�•:� �::����F..� " °`= ��•.�.� - ..; ._�.. w. ..._..-•.-+' ti :c. +__�..1.�'.7�.�.N.:^......r _......w. rw.�... • trr:�Jr...vL..l...vru � S_i� ..ti f.. .I.i .:C I:�:.:.. yf; 18 Applicant's statement of interest in property: 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date 44G<fl'fi``Mriq ✓ it , 1 0d0b1.) /t/ g/3`2/1g For questions relating to this application packet, call General Services Dept. at (863) - 763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 �: t �-.,. �.._....,. - _ - t`�'• ^:.'� - �. \:i:: �t :' - •4:C.e�r- viii ':!: � I i• i� � t•- II.lY.3 •sT %� �._r: ••l•t: <� _ �Ir'. <�= •IZE }U _... _.._.�..:._....__�..._ >�:._.. -. -� .,�. 4 1, ,. ..1. ..��:��< ,�_,. - .:� [ .. .... J........+. ri`,.^ �__... vr.- J.. �r. 4. tt.. wu_- n_ S. �_ o. .. wc...., St. c. rtu.: �.`..__. �....«.. �.. 1_.. t!,. _ft_:f::i�S:.._,..._...1....... 18 ... .._..t. Applicant's statement of interest in property: 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name A3 5 K-e, _ Date For questions relating to this application packet, call General Services Dept. at (863) -763 -3372, Ext. 218 (Rev 09/14) page 2 of 11 A ADDITIONAL. INFORMATION REQUIRED FOR A SPECIAL EXCEPTION, Describe the Special Exception sought: -i Re f. S-(c . ?p , 53(�0) ��;, n 6)Coho) Ct1ctatF2L r i,a,d :r6! B Are there similar uses in the area? No ( ✓) Yes If yes, briefly describe them: C elf) 4.c r ( Du- r U' �u` ` `C� C If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:19] Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (Rev 09/14) Page 8 of 11 Detox of South Florida Additional Information Required for a Special Exception A. This is to modify the existing special exception approval that was previously granted by the board of Adjustment on August 21, 2014 to allow our current use of Inpatient Drug and Alcohol Rehabilitation Detox Facility to continue, and in addition to request a new use of Residential Treatment Facility to operate in the same building at the same time. In addition, we would ask for the Short Term Residential Physical Occupation Rehabilitation and Therapy Center and Assisted Living Facility that existed at the time be removed from the special exception. B. No C. This is a 30 bed Detox Facility that is operated 24hours a day 7 days a week. Patients stay anywhere from five to seven days and are provided with therapeutic treatment plans for substance abuse. There are currently 53 Full Time Employees. There are currently no activities that are conducted outside of the building. D. This will not generate more than 100 or more peak hour vehicle trips. E. See 1 -6 Standards for Granting a Special Exception page 8 of 11 1. We are currently operated under DCF license for Detox, Intensive Inpatient, and Residential for Alcohol and Drug Rehabilitation and would like to operate in the same building a Residential Treatment Facility(RTF). RTF will provide clients who are exhibiting symptoms of mental illness in addition to substance abuse in a structured living environment. It will allow long term residential care with an overlay coordination of mental health services. Detox of South Florida has staff supervision 24 hours a day, 7 days a week. Nursing staff are onsite 24/7. Detox of South Florida already meets the requirement for the Residential Treatment Facilities, this adds the opportunity to assist those with mental health illnesses and addiction. There are clinical counselor onsite daily from 8a.m. to 11p.m. to provide clients with individual, group, and family counseling. Clients will be provided a medical and treatment plan combine to assist them reach their goals for relapse prevention. 2. No specific design efforts are needed; the current use will only add an additional treatment component with a longer stay. Clients will be seen for both mental health conditions and substance abuse. 3. No visual screenings are necessary. The only change needed is in having the special exception to operate in the same building a mental health and substance abuse conditions. 4. Detox of South Florida (DSF) since January 2016 has been able to help four patients in the community at no cost. Those patients were served for only substance abuse concerns. In the event a patient has a dual diagnosis and has mental health needs in addition, this could be another service that could be used to further assist them. In the last seven months, Detox has had to use of the City Police Department for issues such as assault, however, we have had no complaints of any issues or concerns since opened in January 2015. 5. The utilities are included in the client's treatment, in all programs provided. Detox of South Florida provides all the necessities for day to day living expenses and the staff will ensure the client is needs are met in all special exceptions granted. 6. The bed capacity will remain the same adding this new exception and we will provide treatment for clients within the Residential Treatment Facility requirements with no additional flow of traffic. Transportation of clients to and from the facility will continue as is with no concerns. Clients are not permitted to drive on facility grounds. Vehicles parked are for employees and visitors only. There are and have been no concerns with flow of traffic in the current location. FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an adverse effect on the public interest. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (Rev 09/14) Page 9 of 11 Findings Required for Granting a Special Exception page 9 of 11 1. The Comprehensive Plan for Detox of South Fiorida (DSF) is to add an additional component within the same building. The Component of Residential Treatment Facility (RTF) will allow for Detox of South Florida to treat clients with mental health illnesses in addition to their substance abuse diagnosis. Detox of South Florida will continue to provide the highest level of care with structured group treatment setting with 24 hours per day, 7 days per week supervision for clients who have major skill deficits in activities of daily living and independent living, and need intensive staff supervision, support, and assistance. Nursing staff is currently provided 24 hours per day, 7 days a week. Behavioral Health Tech's supervise at the ratio of 1:5, exceeding the minimum ratio of 1:10. Detox of South Florida will provide one of the five residential levels, under Residential Treatment Facility and meet the requirements noted under the administrative rule 65E- 4.016. In adding the special exception for Residential Treatment Facility to the already special exception for Alcohol and Drug rehabilitation, Detox of South Florida asks that the special exception previously granted on August 21, 2015 for short term residential physical occupational rehabilitation and therapy center, as well as the assisted living facility use that exist be removed. 2. Detox of South Florida is currently under a special exception and is noted as required for the Alcohol and Drug Rehabilitation component. Zoning requires a special exception for Detox of South Florida to have the Residential Treatment Facility in the same building. 3. In providing Residential Treatment Facility services, Detox of South Florida will continue to provide the personal attention needed for meeting the client's mental health illnesses in addition to their substance abuse issues. Detox of South Florida has provided Detoxification services to three clients this year through our scholarship program at no cost. Detox of South Florida will continue to assist in the community and provide treatment services to those who suffer from mental health illnesses and substance abuse addiction. There have been zero complaints by neighboring businesses and will continue to work within community events. Detox of South Florida has a high success rate in the state of Florida and is noted as the top Detox Center. 4. The special exception for Residential Treatment will be an added component to the Alcohol Drug and Treatment and will be provided in the same building. The staffing requirements are already met through the Alcohol and Drug Rehabilitation exception. Clients will be monitored 24 hours per day, 7 days a week and provide with medical and therapeutic plans to assist the day to day living with support and assistance from nurses, behavioral health techs, and counselors. The current location meets the requirements set for the Residential Treatment Facility under administrative code 65E -4.016 5. Adding the special exception of Residential Treatment Facility in the same building, only differentiates in length of stay and treatment planning. This will have the clients housed no more than 60 days and they will be provided with treatment services that include but not limited to group therapy, individual and family sessions, life skills, and relapse prevention plans. This should not affect the property value or living conditions and will not be a deterrent to the development of adjacent properties. 6. There should be no issues or concerns from surrounding uses. Detox of South Florida prides itself with meeting the needs of not only the clients, but its staff and surrounding business and homes. 7. The requested exception would be in addition to the current exception and is asked to operate in the same building. This in turn will not overburden public facilities in the surrounding area. 8. The requested exception would be in addition to the current exception and is asked to operate in the same building. The use will not create any traffic congestion as there is sufficient space for employee parking and clients are not allowed to drive on premises. This should not create any flooding or drainage problems or otherwise affect public safety. Prepared by and return to: Saeed Khan 906 SW Lighthouse Drive Palm City, Florida 34990 INIIIIIIIIIIINNINIIBIlOIIIIIIIllh1O llll NIIHNN u FILE NUM 2010003146 OR B.K 00684 PG 0373 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 03/18/2011) 11:28 :53 AM AMT 28,327.00 RECORDING FEES 35.50 DEED DOC 198.80 RECORDED BY M Pinon F'ss 0373 - 376; (41)90 File Number: [Space Above This Line For Recording Data] Corrective Quit Claim Deed This Quit Claim Deed made this $l- day of y, 010, between A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, grantor, and A.M.S.A HOLDINGS, LLC, a Florida limited liability company and EAAAS HOLDINGS LLC, a Florida limited liability company whose post office address is 906 SW Lighthouse Drive, Palm City, Florida 34990, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Okeechobee County, Florida to -wit: See Exhibit "A" attached hereto and made a part hereof. Parcel Identification Number: 3- 15- 37 -35- 0010 - 00780 -0050 THIS CORRECTIVE QUIT CLAIM DEED HAS BEEN EXECUTED AND RECORDED FOR THE PURPOSE OF CORRECTING THE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY AND CLARIFYING THE TRUE AND CORRECT CORPORATE AFFILIATIONS OF THE GRANTOR IN THAT CERTAIN QUIT CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 678, PAGE 1536, OKEECHOBEE COUNTY, FLORIDA, PUBLIC RECORDS. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Pl - _ 1 _r A • /r- _ _. _ I'11A eNr 1_1P■ p A AA AA r • • I _t • Signed, sealed and delivered in our presence: Witness Name: Witness Na s Witness Name: Witness Witness Name: Witness Witness Name: Witness N Quit Claim Deed - Page 2 _ _ 1 _r+n • 1l _ __ _ ""°7 • A.M.S.A. HOLDINGS aF: an aced Khan, Managing Member By: Mohammed Nooruddin, Managing Member By: Shannaz , Managing Member I 'r► 1 1L n,n A F n/1 P1 A • " r"1 _ __ _ r1 _ r • State of Florida County ofR�Cvi.�cxC� The foregoing instrument was acknowledged before me this e —day of agq,TO 10 by Saeed Khan, as Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who [Ali personally known produced a driver's license as identification. [Nota NOTARY PUBLIC -STATE OF FLORIDA e Shahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02 2010 Bonded Thru Atlantic Bonding Co., Inc. State of Floret. County of P_ The foregoing instrument was acknowledged before me this Member of A.M.S.A. HOLDINGS, LLC, a Florida limited produced a driver's license as identification. [Not NOTARY PUBLIC -STATE OF FLORIDA Shahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02, 2010 Bonded Thru Atlantic Bonding Co., Inc. State of Flona CLo County of (� e_ Managing or L] has Notary Public Printed Name: SHAHNAZ A. KHAN My Commission Expires: (O (o Q� n O" day of may, 2010 Myra Khan, as Managing liability company, who is personally known or LJ has Notary Public Printed Name: SHAHNAZ A. KHAN to The foregoing instrument was acknowledged before me this 8' day of-J-anttary, 201 by Moha ed Nooruddin, Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who [N-if personally known L] has produced a driver's license as identification. NOTARY PUBLIC -STATE OF FLORIDA [No . e Shahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02, 2010 Bonded Thru Atlantic Bonding Co., Inc. as or Notary Public Printed Name: My Commission Expires: State of Florida County of.c_ SHAHNAZ A. KHAN The foregoing instrument was acknowledged before me this day ofr-ktmitify, 2010, byySShahnaz Nooruddin, Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who is personally known L] has produced a driver's license as identification. a' aota NOTARY PUBLIC. ''^'"''''" r1F FLORIDA [N. s K egllahrk.. _ Khan Commission . 35,9 Expires: APic. 02 Bonded Thnt Atlantic Bonding Co., Quit Claim Deed - Page 3 as or Notary Public Printed Name: My Commission Expires: SHAHNAZ A. KHAN r-% _I I _r+n • 1I _ _. _ x-71 ter• 1 y4n w et et et et A • r+ _t i SCHEDULE A Legal Description Lots 3, 4, 5, and 6, Block 78, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Relum to: (enclose self.addrersed stamped envelope) Nano: Addr<ss: This Instrument Prepared by: Name: AT,Ittet 1N) NO 6 ) 1P) Address: A i_k&kxv,15.0 PPiun GT-i Property Appnhen Parcel Identification Folio Number(s): Gremee(oI 5.5.. (5) orm Design, Seminole PRper & Printing Co., Inc., 1994 II 02 95 SPACE ABOVE THIS LINE FOR PROCESSING DATA ZI1iz Quit Cairn PEER,, Executed the FILE IIIIIIINUM IIIIIIIIIIII0I0III9IIIII 12732 OR EK 00673 PG 1536 SHARON ROBERTSON, CLERK, OF CIRCUIT COURT OKEECHOBEE CDUNT'Yr FL RECORDED 11/17/2009 02:40 :13 PM AMT 10.00 RECORDING FEES 10.00 DEED DOC 0.7') RECORDED BY M Pinon Po 1536; Ups) SPACE ABOVE THIS LINE FOR RECORDING DATA 7 5 day of tqoVEMYE•Fi 2ooR , by Dave first party, to 11Y)1 $ A /-l- O /i1/ 5 whose post office address is C'106 SW U home- 19-111 V(5- - /titL/Yrt € J4 / Ft- - 311%50. second party. Rrr)5 13 H-01- //v 9S L e /WD ERAS 14/N6S G -C . 4166 .S(J 1-1 c,14 T-40 .56 b . ?Oxt-m cU 1 Tit 3c.\G4 o (Wherever used herein the terms 'first party' and ".second party' include all the parties to this Instrument and the heirs. legal representatives. and assigns of individuals. and the successors and assigns of corporations. wherever the context so admits or requires.) I;It itrfesect1, That the first party, for and in consideration of the sum of $ /U in hand paid by the said second party,the receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim unto the second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Q ye Q ('Li O% Pp ,State of F /_{Y!Z / b f • ,to -wit: GIT`( Ec- iiot3EE l-o'C3 3 , 5 a CQ Pmt ocK "i8 P4fza - /S- 37 -55-- 000— 60730_00S v `(�rx Pitfre ttn5 to 1013 The same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity to the only proper use, benefit and behoof of the said second party forever. ,Jn above written. l:& itness 1(li tiEreesf, the said first party has signed and sealed these presents the day and year first Sigel, seale an delivered in the presence of: Witness S)� to first Grantor) d4, 7I m // -Z- Wim ig ore (as to first G ) S l l / U rk- Print,• Nam Wit, e'arr lure (as to Co- Grantor, of any) {� C Print<d Name CJ \� Witness Signatore His to Co- Grantor, If any)Siggrusturee His to Co- Grantor, If any) m (tr[ir,cic,Tre Printed Name STATE OF ki_0 b Is- ) COUNTY OF OKEZ CAT, BEe- siva e) K 4- Grantor Signature 51Nea �G4t J Printed Name �D.3o1G 144.8 oKCA—oc.t 9'13 Post Office Address Co- Grantor Striatum. (ii any) !\,1ay-yar/h M E Printed Name 9-L ' 3 t1-g13 No RuD�IA1 Post Office Address I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments. personally appeared known to me to be the person 'described in and who executed the foregoing instrument, who acknowledged before me that executed the same, and an oath was not taken. (Check one:) 0 Said person(s) is /are personally known to me. 0 Said person(s) provided the following type of identification• NOTARY RUBBER STAMP SEAL NOTARY PUBLIC -STATE OF FLORIDA 46Shahnaz Akhtar Khan Commission ;# DD535559 Expires: APR. 02, 2010 Bonded Thn. Atlantic Bonding Co., Inc. Witness my hand and official seal in the County and State last aforesaid this I (� day of l■(Okr6 15€: e)Ofict Date s ?� Printed Name Petition No, 1 LO -00 3 -SE Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subjectto the application for a change in land use orzoning, 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 Jt j L , 60 / ac)/ 6: and the Assertions •made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this 33 0 day of us+ Signature of Applicant M h a_ni,ni ctcl Ni CM, 1" aatt l tit Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this 3O day of , IO (. � known to me t� or produced did not take an oath. PL,f(L(. au,2nLA Notary Public, State of Florida (Rev 09/14) '/chi;: Date ZL / t9 . Personally as identification and Seal: 0.1,0 ftst, Notary Public State of Florida Patty M Barnette ' My Commission GG 008157 140,0' Expires 10/02/2020 Page 3 of 11 Petition No. 16-o03-„,-_-- d `C Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of <TUnt, ,00h / de ib and the Assertions •made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this S% day of Signature of Applicant Date Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this any clay of 0,113l+ a0(ca . Personally known to me or produced as identification and did not take an oath. Pm( blunit Notary Public, State of Florida (Rev 09/14) ,..W'% Notary Public State of Florida Patty M Burnette c I My Commission GG 008157 Expires 10/02/2020 Page 3 of 11 Cr, htl w O N 0 N- 0 n ti CO 0 ti 0 CO 0 0 0 CO CO 0^ 0 0 0) CD O 0) 0 0) 0 0) 0) (O O 0) N 0 0) 00 V- V 00)0)0)0)0) T p 0 V 0 V' O V- V' V' 0 V' 0 V 0 CO CO O V' CO CO V' V O 0 CV (`') N CO N co C) N V' c0 M N (4) N 0 CO CO N C) V V CO M N 0 O r r r N- r N- r r CO CO r r r (0 0) 0) 0) 0) 0) 0) 0) 0) V' '7 0) 0) O) O n- CO NI- V' V' V' V' V' 'cF V' CO CO V' V' NY MNN M M MM MM MM M Cc) M MM (D CO • > LL LL.. LL (L a W LL (1. Ll W LL LL LL U LL LL LL U a LL a W w W W W W W W W W W w W W W W W W W W moommmmmmmmmmmm0Ommmmm E Y O O O O O 0 0 O O O O O O O H" F- O O O O O _ _ _ _ _ f z O D U U U U U U U U U U U U U 00000c ILL W W W W W W W W W W W W W W Q Q W W W W W Q } a W W W W W W W W W W W W W W U U W W W W W D I- O Y Y Y Y Y Y Y Y Y Y Y Y Y Y O O Y Y Y Y Y H UZ000000000000000n03Q0000w ( zz W 0 0 O W W o p o Q � 0) 9 0 00 r o w • Q D 00 o- Q z ccc W o O m (on Z W w > • w YY H r- Wo a Z z� as ww cc w w 00 O r in 0,,c),.0,_<< UW�WOQ, zz �� = ~ ~ ,_O A _JH�- -W W h-�(n(n(na w c o 0)W 0) 0 M O o= 0 tx __ -I -I= co o H F- H ix M a v F- r M H- H- 5 5 i_ co co °O O 0O• W(cnz(wnz >zW(wOo=zww wz0)O)U)0 a1- ap r0)NOZMZOZmr(OZZOOZOrr(>7U u) u7 r N r V' CO V' CO tO 0) C0 M CO .- N a0 OD 00 IC) en !np r NI- (V CO N CO N 0 u) O O N CO 0 0 N N V' 0000r = Q r N CO N M M M r r CO a N u7 N CO r N- CO 00 r- r r 0o v _ w o < V Q Z 0 — z Imo a () 0 Z Q ✓ M W Q z a - Y 7) 00 U 09000 Q Q < = 00 o0 Z J J J (/) 0 J C7 0Z3 m < z W� m J Z W W W Q Y Q .705000< • QZO JULII�Fa'a'�pU( p U>--100W- -JO Q ,_ 0 w �zzQ U UZZC9 9 0 Q 0 ama OZZZz wa << w<W Q2O>-zZa Oi- i OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT 111 W.C. "BILL" SHERMAN, PROPERTY APPRAISER MIIIWAIRINIMMINI11111119P Legend AMSA HOLDINGS LLC & EAAAS 100 FT Surrounding Properties basemap_2016_02_10 -44 Russ Duncan CFE, Agriculture Appraiser/ GIS Nlapper Date: 6/30/2016 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON rtl O \n b O p � yy � o ` 1 � rtZj 1, hj - nnOcn lii 4 ill 1. Omoc) °� c3OC o: �oO vn ` � �m •--IOC to_ °��'C !?1��C.,�Z P-1 11 ��nOj���Z(io)O and ZOyyr�rn(.4e° 2n� Z rrl C io� 2 2 n .. "1 0tiOti2noO ga ;Hi!HPi mo�n,n�4)o 2 °2p)�COrOO )3 y on�(> -i 1 (T1 0, )0 a �z�� � n 0 ),na, n a�0a�w�i 4,',„' n n � -3) -1 o 2 a ti 11 On \I� h rOt {q� ON N Mn9.42' 0' 140027M) 14no')y' h 10 $ 0004:52' E 140,870.) 140.001'.9 NE 2ND AVENUE r a„,„„rwlM M•n /f I Ft I 2* I • II 11 OOn4'4 W 14002741) 14000'(°) y t 3 `F amarn 1 - } ap 1 b 101 0 2 g )° ❑ J I I y 1 5' 080420 E ,4018(M)1140007P) t ( 1 - eJ n A '" a +�e4.0 t20,29 +404V 1 I 1 s 000432E 140,8(0) 140.00(P) • Staff Report Request to Amend Approved Special Exception 14- 002 -SE Prepared for: The City of Okeechobee Applicant: A. M. S.A. Holdings, LLC and EAAAS Holdings LLC Petition No.: 16- 003 -SE 1,11k111-; Planning Management Services, Inc. 1375Pd:so t Street, Suite 206 n Myer,, Florida 239 - 334.3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: A.M. S.A. Holdings, LLC & EAAAS Holdings, LLC Special Exception Petition No. 16- 003 -SE Request This request involves amending Special Exception (14- 002 -SE) that was previously granted by the Board of Adjustment on August 21, 2014. The proposed amendment will allow the Inpatient Drug and Alcohol Rehabilitation Detox Facility to continue, and to allow a new use in the form of a Residential Treatment Facility to operate in the same building at the same time. 14- 002 -SE originally allowed for a 32 -bed facility providing for alcohol and drug rehabilitation (a.k.a. detox center), or a short term residential rehabilitation center pro- viding physical and occupational therapy. This request also includes vacating the prior Special Exception approvals for the short term residential rehab center providing physical and occupational therapy and the original Assisted Living Facility approved in 2012. Adjacent Future Land Use Map Classifications and Zoning Districts Future Land Use Map Classification North Zoning District East Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Industrial IND Vehicle sales, repair and open storage Commercial CPO "Big Lake Baptist Association" Commercial and Single Family CPO and RSF -1 Vacant and single - family home Commercial CHV "KST Construction" Serving Florida Local Governments Since 1988 2 Staff Report Applicant's Name: A.M.S.A. Holdings, LLC & EAAAS Holdings, LLC Special Exception Petition No. 16- 003 -SE (2) Demonstrate how the site and proposed buildings have been designed so they are compa- tible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. (3) "No specific design efforts are needed; the current use will only add an additional treatment component with a longer stay. Clients will be seen for both mental health conditions and substance abuse." Staff Comment: We agree that treating clients who have both afflictions will not require any changes to the site and buildings which have already been designed for safety and security. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "No visual screenings are necessary. The only change needed is in having the special exception to operate in the same building a mental health and substance abuse conditions." Staff Comment: The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, northwest and west are separated from the facility by public roads and need no special screening treatments. (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. "Detox of South Florida (DSF) since January 2016 has been able to help four patients in the community at no cost. Those patients were served for only substance abuse concerns. In the event a patient has a dual diagnosis and has mental health needs in addition, this could be another service that could be used to further assist them. In the last seven months, Detox has had to use of the City Police Department for issues such as assault, however, we have had no complaints of any issues or concerns since opened in January 2015." Staff Comment: There will be no increase in the number of beds in the facility. Since the clients with dual addiction and mental health issues will also be driven to the facility, dropped off, and are unable to leave the facility until released and picked up by friends or relatives, the impacts of the operation will be no different from those now treated for only drug and alcohol addiction. Presumably, the only difference in the operation will be the use counselors who also address mental health issues of persons with addictions. Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name: A.M. S.A. Holdings, LLC & EAAAS Holdings, LLC Special Exception Petition No. 16- 003 -SE When reaching a conclusion on a Special Exception request, the Board of Adjustment must consider and show in its record the following findings as set forth in Section 70- 373(c). The Applicant has provided comment to each of the required findings. These are repeated in this Times Roman typeface. Staff comments follow the Applicant's statements and are shown in Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "The Comprehensive Plan for Detox of South Florida (DSF) is to add an additional component within the same building. The Component of Residential Treatment Facility (RTF) will allow for Detox of South Florida to treat clients with mental health illnesses in addition to their substance abuse diagnosis. Detox of South Florida will continue to provide the highest level of care with structured group treatment setting with 24 hours per day, 7 days per week supervision for clients who have major skill deficits in activities of daily living and independent living, and need intensive staff supervision, support, and assistance. Nursing staff is currently provided 24 hours per day, 7 days a week. Behavioral Health Tech's supervise at the ratio of 1:5, exceeding the minimum ratio of 1:10. Detox of South Florida will provide one of the five residential levels, under Residential Treatment Facility and meet the requirements noted under the administrative rule 65E- 4.016." Staff Comment: The property is designated Commercial on the Future Land Use Map and the proposed use is not contrary to any provision in the Comprehensive Plan. (2) The use is specifically authorized as a special exception use in the zoning district. "Detox of South Florida is currently under a special exception and is noted as required for the Alcohol and Drug Rehabilitation component. Zoning requires a special excep- tion for Detox of South Florida to have the Residential Treatment Facility in the same building." Staff Comment: Section 90 -253 specifically authorizes an alcohol and drug rehabilitation center /detox center as a special exception use within the CLT Zoning District. The provision of mental health services to those addicts that also suffer from mental health issues will not alter the basic nature of the facility as a detox center. Serving Florida Local Governments Since 1988 6 Staff Report Applicant's Name: A.M.S.A. Holdings, LLC & EAAAS Holdings, LLC Special Exception Petition No. 16- 003 -SE (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "Adding the special exception of Residential Treatment Facility in the same building, only differentiates in length of stay and treatment planning. This will have the clients housed no more than 60 days and they will be provided with treatment services that include but not limited to group therapy, individual and family sessions, life skills, and relapse prevention plans. Staff Comment: For the same reasons given in our comments to number (4), preceding, neither do we believe the proposed addition of mental health services to addicted patients who also suffer mental health issues will adversely affect property values or living condi- tions, nor will it be a deterrent to the improvement or development of adjacent properties. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. (7) "There should be no issues or concerns from surrounding uses. Detox of South Florida prides itself with meeting the needs of not only the clients, but its staff and surrounding business and homes." Staff Comment: The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, north- west and west are separated from the facility by public roads and need no special screen- ing treatments. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "The requested exception would be in addition to the current exception and is asked to operate in the same building. This in turn will not overburden public facilities in the surrounding area." Staff Comment: There will be no increase in the number of beds in the facility, therefore there will be no change in the density or any other factor that would overburden any public facilities. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: A. M. S.A. Holdings, LLC & EAAAS Holdings, LLC Special Exception Petition No. 16- 003 -SE FUTURE LAND USE SUBJECT SITE AND ENVIRONS SEABOARD COAST uNE 111 COMPREHENSIVE PLAN LAND USE SINGLE FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE NE. 7 MI STREET SUbj*Ct PrOp.rty r1! a ». ' PLE. Rf 7•1 STREET N.E. 5 TH STREET NE. 4 TI; STREET Or 5 ♦ 3 2 111 7 e 9 Serving Florida Local Governn3ru- '.n 10 Staff Report Applicant's Name: A.M. S.A. Holdings, LLC & EAAAS Holdings, LLC Special Exception Petition No. 16- 003 -SE ZONING j Weal CNv MEAlr CQLM!e=': 4, ^,..LT. LIGHT CnWERC L4: CPO -COMM PROFS :: . :c Ak.NOIOMb neuSTRIAL PUBLIC FAC ;MTis a At NRx.T:atE FAMtt NMN- RESDE■TA MOBILE HOME NSF'. RE SCENT yy SWOLE FAMILY ZONING SUBJECT SITE AND ENVIRONS Subject Property 111 w I 0 21 111 Z M NE 4th St. W Serving Florida Local Governments Since 1988 N E5t h Av. 11 Staff Report Applicant's Name: A.M.S.A. Holdings, LLC & EAAAS Holdings, LLC Special Exception Petition No. 16- 003 -SE SUBJECT SITE AND ENVIRONS Serving Florida Local Governments Since 1988 12