Loading...
2017-02-1611 CITY OF OKEECHOBEE PLANNING BOARD CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR FEBRUARY 16, 2017 AGENDA I. CALL TO ORDER — Chairperson. Regular Meeting, February 16, 2017, 6:00 P.M. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson Hoover. III. 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 IV. AGENDA — Chairperson. A. Requests for the addition deferral or withdrawal of items on today's agenda by Staff, Board Members or the Public. V. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the January 19, 2017, regular meeting. PAGE 1 OF 8 ACTION - DISCUSSION - VOTE Chairperson Hoover called the February 16, 2017, regular meeting to order at 6:03 P.M. The Pledge of Allegiance was led by Chairperson Hoover. Board Secretary Burnette called the roll: Present Present Present Present Present Present Present Absent (with consent) Present 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 McCoy moved to dispense with the reading and approve the Summary of Board Action for the January 19, 2017, regular meeting; seconded by Member Baughman. There was no discussion on this item. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT - YEA MCCREARY - YEA KEEFE - ABSENT O'BRIEN - N/A MOTION CARRIED. AGENDA VI. OPEN PUBLIC HEARING — Chairperson. A. Consider LDR Text Amendment Petition No. 17- 001 -TA adopting the International Property Maintenance Code (Exhibit 1). 1. Hear from City Staff - City Attorney. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. FEBRUARY 16, 2017 — PLANNING BOARD - PAGE 2 OF 8 115 ACTION - DISCUSSION — VOTE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:06 P.M. Land Development Regulation (LDR) Text Amendment Petition No. 17- 001 -TA, to consider and receive input on adopting the International Property Maintenance Code (PMC). Chairperson Hoover yielded the floor to Attorney Cook who briefly explained City Staff and the Building Department are recommending the PMC be adopted. While it duplicates some of the Florida Building Codes, Fire Prevention Code, and the City's Ordinances, it covers many areas not addressed. The authority of the PMC will be the Building Official and the Code Enforcement Board, depending on the issue being addressed. The proposed Amendment adds to Section 66 -10, Construction Design and Improvement Regulations. The PMC regulates and governs the conditions and maintenance of all property, buildings, and structures. It provides standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use. It provides for the condemnation of buildings and structures unfit for human occupancy and use; and the demolition of such existing structures. R provides for the issuing of permits, collecting fees for services, and provides for penalties. Member Batton inquired as to who would be doing the enforcing of the Codes. Attorney Cook replied both the Building Official and the Code Enforcement Officers. Member Baughman inquired where would the Code Enforcement Officers gain their expertise to be able to follow the same rules as the Building Official. Attorney Cook responded we have tried before to enforce building codes in front of the Code Enforcement Board but it does not work real well. The Building Official has had to come to the meetings and explain the issues to the Code Enforcement Board. This Amendment would allow the Board to get involved although the Building Official would still be the primary enforcer. In addition Member Baughman asked whether existing structures or established businesses would be affected. Attorney Cook responded that he believed the Code was primarily for new or renovated structures. Member Brass had concerns with distributing, publishing and utilizing the underlying Code that the Building Official had proprietary rights for and making revisions to a document that we can not make copies of. Planner Brisson explained he believed the concept was the same as how the current Code Book is available online through Muni Code, in that one could go online and print sections, updates, but not the entire Code. Member McCreary offered that the International Code Council allows cities to place a link on their web page that will take them directly to the PMC. Attorney Cook stated the PMC has been adopted by many jurisdictions all over. Member McCreary also inquired about a broader authority being given to the Building Official regarding historic buildings. Attorney Cook responded the City currently has an Ordinance on historic buildings and the City Council would need to reconcile what takes precedence. The majority of the Board noted there were many unanswered questions, which concerned them to offer a recommendation of approval. Chairperson Hoover opened the floor to receive public comment. Mr. Stan Breedlove, Sr., spoke regarding a concern 116 FEBRUARY 16, 2017 — PLANNING BOARD - PAGE 3 OF 8 AGENDA ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING CONTINUED. A. 2. Public comments or questions from those in attendance, or submitted to with hearing the word "international" because he does not much care about the eskimos or penguins down in the Board Secretary for LDR Text Amendment Petition No. 17- 001 -TA Antarctica and their building requirements yet they do. He is not in favor personally of anything coming into our local continued. community trying to influence us. 3. Disclosure of Ex -Parte Communications by the Board. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the application. There were none stated. 4. a) Consideration of a recommendation to the City Council to approve or Motion and a second offered by Members Brass and Jonassaint to recommend denial to the City Council for LDR Text deny the petition. Amendment Petition No. 17- 001 -TA, adopting the International Property Maintenance Code. Chairperson Hoover asked whether there was any further discussion. Member McCreary commented it may have b) Board discussion. been easier to make a decision had the Building Official or other City Staff been present to answer questions. c) Vote on motion. VOTE HOOVER - YEA MCCOY - YEA BATTON - NAY BAUGHMAN - YEA BRASS - YEA JONASSAINT - YEA MCCREARY - YEA KEEFE - ABSENT O'BRIEN - NIA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively March 21, 2017, 6:00 P.M. 1 B. Abandonment of Right -of -Way Petition No. 17- 001 -SC, vacate a 200 -foot Abandonment of Right -of -Way Petition No. 17- 001 -SC, to vacate a 200 -foot by 60 -foot portion of Northwest 10th by 60 -foot portion of NW 10th Avenue between NW 7th Court and 8th Avenue between Northwest 7th Court and 8th Street, Tying East of Block 13, NORTHWEST ADDITION, Plat Book 1, Street, Tying East of Block 13, NORTHWEST ADDITION (Exhibit 2). Page 25, Public Records, Okeechobee County. 1. Review TRC Recommendation - approval with special conditions. Chairperson Hoover yielded the floor to Planner Brisson, who explained the applicant, Mr. Jeremy LaRue, is requesting to abandon 60 feet of the 70 -foot wide unimproved right -of -way of Northwest 10th Avenue from the south boundary line of Northwest 8th Street to the North boundary line of Northwest 7th Court for a distance totaling 200 feet and not including the intersection of 7th Court and 10th Avenue. The applicant owns Lots 1 to 6 and 15 to 20 of Block 13, NORTHWEST ADDITION, located immediately west of the subject property. The Petition was reviewed at the January 19, 2017, Technical Review Committee Meeting, a recommendation was made for approval with the following special conditions: Okeechobee Utility Authority and City easements granted. Planning Staff is recommending approval based on the following responses to the required findings. The property is designated Industrial on the Future Land Use and Zoning maps. It is not the sole means of access to any property. AGENDA VI. PUBLIC HEARING CONTINUED. B. 1. Review TRC Recommendation for Abandonment of Right -of -Way Petition No. 17- 001 -SC continued. 2. Hear from the Property Owner or designee/agent — Jeremy LaRue. 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. b) Board discussion. c) Vote on motion. QUASI- JUDICIAL ITEM C. Variance Petition No. 17- 002 -V, reduce FRONT setback from 40 to 35 ft; REAR setback from 50 to 12.3 ft and 16.6 ft (from property line); and WEST -SIDE setback from 30 to 20 feet; in a CHV Zoning District, located at 205 NE 2nd Street, Lots 7 through 12 of Block 142, CITY OF OKEECHOBEE (Exhibit 3). FEBRUARY 16, 2017 — PLANNING BOARD - PAGE 4 OF 8 117 ACTION - DISCUSSION - VOTE Other properties bordering the proposed abandonment gain access by Northwest 7th Court, 7th Street, or 10th Avenue. The public benefits associated with the abandonment are, the existing right -of -way is currently unused and has 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. A utility easement is necessary for the OUA for existing infrastructure with 24 -hour, seven days a week access. Chairperson Hoover asked whether the property owner or designee/agent wished to speak. There was no one present. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. The petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to 10 surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the petition or visited the site. There were none. Motion and second offered by Members Baughman and McCoy to recommend approval to the City Council for Abandonment of Right -of -Way Petition No. 17- 001 -SC, to vacate a 200 -foot by 60 -foot portion of Northwest 10th Avenue between Northwest 7th Court and 8th Street, lying East of Block 13, NORTHWEST ADDITION, Plat Book 1, Page 25, Public Records, Okeechobee County with the following special conditions: City and OUA easements granted. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA JONASSAINT — YEA MCCREARY — YEA BATTON — YEA KEEFE — ABSENT BAUGHMAN - YEA BRASS - YEA O'BRIEN — N/A MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively April 4, 2017, 6:00 P.M. Variance Petition No. 17- 002 -V, to reduce FRONT setback from 40 to 35 feet; REAR setback from 50 to 12.3 feet and 16.6 feet (from property line); and WEST -SIDE setback from 30 to 20 feet; in a Heavy Commercial (CHV) Zoning District, located at 205 Northeast 2nd Street, Lots 7 through 12 of Block 142, CITY OF OKEECHOBEE. 118 AGENDA VI. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. C. 1. Administer of Oath (anyone intending to offer testimony on Petition No. 17 -002 -V will be required to take an oath, respond, and give your full name and address) — Board Secretary. 2. Review Planning Staff Report — recommending denial. FEBRUARY 16, 2017 — PLANNING BOARD - PAGE 5 OF 8 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. Steve Dobbs, P.E. with SLD Engineering, 1062 Jakes Way, Okeechobee Florida; Ms. Michelle Harper, 1225 Northeast 42nd Terrance, Okeechobee, Florida; and Mr. Thomas Elmore, 1855 Northwest Frontier Drive, Lake City, Florida. Before Chairperson Hoover yielded the floor to Planner Brisson, Member Batton disclosed for the record due to a conflict that would inure to the special gain or loss of Platinum Performance Group, Inc., whom he is retained, he would abstain from discussion and voting on this item. Mr. Batton is currently working with the potential buyer, the Elks Club, to remodel the building located at this property. Planner Brisson then reviewed the Staff Report explaining the applicant is requesting Variances to retain the current setbacks on the property. He first explained the table he provided within the report of the required setbacks for a private club, the current setbacks of the subject property and the size of the Variances requested. Yard Description Setbacks Required for Private Club Current Setbacks Variance from Required Minimum Yard Setbacks North (Rear w /Garage) 25' 16.6' 8.4' North (Rear w /covered concrete parking) abutting residential zoning district) 35 (50' less 15' alley)* 12.3' 22.7' South (Primary front) 40' 35' 5' East (Secondary front @ 75% of primary front) 30' 106' No Variance West (Secondary front @ 75% of primary front) 30' 20' 10' *Sec. 90 -285, Lot and Structure requirements for the CHV District Subsection (2)b. states: "The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district. There is currently a contract for purchase for the property by the Elks Club. While a private club is a permitted use in the CHV Zoning District, there are supplemental use regulations that apply to a private club. Variances are needed since the current setbacks are not the required setbacks for private clubs. In order to grant a Variance, applicants must meet the required standards and findings listed in the City's LDR's. Planning Staff is recommending denial based on the findings within the Planning Staff Report. Member Baughman asked Mr. Brisson to explain his recommendation for denial of the requested Variances. Mr. Brisson responded, granting a Variance for a use that does not meet any of the standards set out in the LDR's, creates a problem with the City's Variance procedure. This will set a precedent. AGENDA VI. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. C. 3. Hear from the Property Owner or designee /agent — Thomas Conway, Sr., Registered Agent, Family Heritage Holdings, LLC /Steven L. Dobbs as Agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. FEBRUARY 16, 2017 — PLANNING BOARD - PAGE 6 OF 8 119 ACTION - DISCUSSION - VOTE Mr. Steven Dobbs, P.E. with SLD Engineering, was present on behalf of the Applicant and available for questions from the Board. He clarified the applicant, Family Heritage Holdings, LLC, is the owner and is trying to sell the building, not the Elks Club. He added the Elks Club is not a social club; they perform charitable work. He asked the Board to request the Planner to review the section of the City's Code to see whether a change or update was needed. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mr. Thomas Elmore of Lake City, Florida, spoke saying he would be a member of the Benevolent and Protective Order of Elks for 54 years this year and added the Elks was not a club but a Lodge that performs charitable work for children, Veterans, and those less fortunate than ourselves. The Florida State Elks Association has 99 Lodges in the State of Florida, a youth camp that serves 24,000 children a year, and 26 physical therapy bands that serve every area in the State of Florida. The Elks are having a difficult time trying to locate a building with enough parking to perform the charitable work that needs to be done. Ms. Michelle Harper spoke about being a second generation Elk and shared what their organization has done in the community with the Florida Elks Camp hosting the Flag ceremony and other public events that they participate in. She spoke about many possible events they could host and the work that could be done if they could obtain this building. Examples given were providing meals for Veterans and having a hall for rent to the public since Okeechobee did not have many of these available. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property, and courtesy notices were mailed to 26 surrounding property owners. Two phone calls were received from surrounding property owners. One from Mrs. Susan Williams with a concern regarding her vacant property: Lot 8, less North 20 feet, and Lot 9 of Block 141, CITY OF OKEECHOBEE, which is located directly South of her Real Estate business at 208 North Parrott Avenue. She was concerned with individuals using the vacant property and blocking the path of the Walpole trucks, who have permission to use the property. Mr. Michael Brown who resides at 208 Northeast 2nd Street, Lot 2 of Block 153, CITY OF OKEECHOBEE, which is directly across the street from the subject property, was concerned with a club /bar /nightclub coming in across the street from his residence as he has grandchildren and his neighbor has children. In addition, he has concerns with parking. Several years ago when the building to the West of his property, owned by Christopher and Gail Newman, Lots 3 through 6 of Block 153, CITY OF OKEECHOBEE, and addressed as 202 Northeast 2nd Street, was built, there was a concern with parking as well. There was to be residential only parking spaces in front of his residence, but over the years people have disregarded the signs and parked there. Many times he has to park elsewhere and then walk, which often is late in the evening with his work schedule. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. Member McCoy disclosed he had spoken to Mr. Dupre and Mr. Wise regarding septic issues. 120 VI. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. C. 6. a) Consideration of a recommendation to the City Council to approve or deny Petition No. 17- 002 -V. FEBRUARY 16, 2017 — PLANNING BOARD - PAGE 7 OF 8 ACTION - DISCUSSION - VOTE Planning Staffs recommendation for denial is based on two sets of criteria. One being the site's consistency with the current LDR's, and the other findings required for granting a Variance. Planning Staffs responses to the Applicant's presentation on consistency with the LDR's are: there are no unique physical conditions of the site. It is essentially a rectangular one -acre parcel containing a permitted use developed in conformance with the development standards of the CHV District. The use the Applicant wishes to place on the property is unique. While a private club is a permitted use in the CHV Zoning District, it is subject to supplemental use regulations. The property meets the location and minimum lot area requirements of the CHV Zoning District, although the existing building was constructed to the standard setback applicable to the vast majority of uses allowable in this district. The fact that the existing structures do not meet the requirements applicable to a special use does not constitute a hardship. Rather, it clearly suggests that the building is not suited to the use the Applicant wishes to place in the existing building. Building a new building for the private club could easily be accommodated on the site. Being the Applicant does not wish to absorb the cost of demolition and reconstruction may be a severe impediment, but it is not a hardship. The Applicant has not stated why the minimum variances are needed. They believe the minimum setbacks are those at which the buildings were originally built. Planning Staff's responses to the Applicant's presentation on the required findings are: there are no special conditions and circumstances that are peculiar to the land or structure involved; the setbacks applicable to the existing structure are applicable to every other use allowable in the CHV District, except those special uses that are required to have greater setbacks because of the supplemental use regulations. Of the 15 permitted uses in the CHV District, only "private club, nightclub" is required to have an increased minimum setback. It is not the land or existing structure which exhibits special conditions or circumstances, but the use the Applicant wishes to place on the property, a private club, which is unique and requires increased setbacks. While the property meets the location and minimum lot area requirements of this section, the existing building was constructed to the standard setbacks applicable to all but a few uses allowable in the CHV District. The special conditions and circumstances do result from actions of the Applicant as they are placing themselves in the position of requiring a Variance because they have chosen a property that is developed in a manner that does not meet the requirements applicable to the use intended. Interpretation and enforcement of the LDR's would not deprive the Applicant of rights enjoyed by other properties in the same zoning district. Again it may be a severe impediment to the Applicant to modify or demolish and reconstruct the existing building to the minimum setbacks required but it does not quality as a hardship. The applicant considers the minimum setbacks necessary for reasonable use of the structures those at which the buildings were originally built. These setbacks are suitable for almost every other use allowable in the CHV District. Even though the land and structures, as currently configured, may not be suitable for one specific use desired by a potential buyer, does not eliminate all reasonable uses of the property. In order to consider granting a Variance, all requests are required to be reviewed on a site - specific basis. This does not mean, however, that should an owner or prospective purchaser of a property not be able to specifically achieve what he or she desires that the granting of a Variance is warranted. The Board must find that each of the six findings has been met. Approval of these requested VI. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. C. 6. a) Consideration of a recommendation to the City Council to approve or deny Petition No. 17 -002 -V continued. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING — 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. ATTES : ( !4. bLw Ik, et Patty M. Burnette, Secretary Dawn T. Hoover, Chairperson FEBRUARY 16, 2017 — PLANNING BOARD - PAGE 8 OF 8 121 ACTION - DISCUSSION - VOTE Variances will set a precedent. The requested Variances are not compatible with the intent and purpose of the LDR's because the proposed use, a private club, has been determined to be of a character that requires greater setbacks than the standard setbacks applicable to most other uses allowable in the CHV District. The Applicant's intent that all functions will be conducted inside the building does not overcome the need for the use to be adequately setback from adjoining roadways or adjacent properties. Motion and a second offered by Members Brass and Jonassaint to recommend denial for Variance Petition No. 17- 002 -V, reduce FRONT setback from 40 to 35 feet; REAR setback from 50 to 12.3 feet and 16.6 feet (from property line); and WEST -SIDE setback from 30 to 20 feet; in a CHV Zoning District, located at 205 Northeast 2nd Street Lots 7 through 12 of Block 142, CITY OF OKEECHOBEE because by definition, criteria has not been met. Chairperson Hoover asked whether there was any further discussion. There was discussion amongst the Board and the Planner on whether the Applicant could request a zoning change to another zoning district for example Central Business District. (CBD) This zoning district does not have setbacks so then maybe this location would work for this particular use. A private club is a permitted use in the CBD Zoning District although the supplemental use regulations still apply. There was no further discussion. VOTE HOOVER - YEA MCCOY - YEA BATTON— ABSTAINED BAUGHMAN - YEA BRASS - YEA JONASSAINT — YEA MCCREARY — YEA KEEFE — ABSENT O'BRIEN — NIA MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 7 :25 P.M. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:25 p.m. Page 1 of City of Okeechobee Planning Board City Hall, 55 SE 3'd Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes February 16, 2017 I. Call To Order - Chairperson: Chair Hoover called the February 16, 2017, Regular Meeting to order at 6:03 p.m. 11. Opening Ceremonies: Pledge of allegiance - Chairperson III. Chairperson, Board Member Staff Attendance - Secretary. IV. Agenda - Chairperson. A. Chair ( asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. V. Minutes - Secretary. A. Board Member t'An nn`/ moved to dispense with the reading and approve the Summary of Board Action for the January 19 2017, regular meeting; seconded by Board Member Discussion: o rl. PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover ✓ Vice Chairperson McCoy ✓ Board Member Batton ✓ Board Member Baughman ✓ Board Member Brass ✓ Board Member Jonassaint ✓ Board Member McCreary ✓ Alternate Board Member Keefe ✓ W 1 ©n 14- Alternate Board Member O'Brien ✓ Planning Consultant Brisson, Senior Planner ✓ Board Attorney Cook ✓/ Board Secretary Burnette V IV. Agenda - Chairperson. A. Chair ( asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. V. Minutes - Secretary. A. Board Member t'An nn`/ moved to dispense with the reading and approve the Summary of Board Action for the January 19 2017, regular meeting; seconded by Board Member Discussion: o rl. Page3of /3 VI. PUBLIC HEARING ITEM CONTINUED. McCrea = br°adQr a-Lc -hor `-h( 8° reT1+-a -t'n5 F 1d 9 s- JC-- ei4 / ji✓ta.n.Ce £utsHir) so we/ e. Foelb f-ha± t Co u.fitii t o IAA& .. k t. -E o re e o r) ® u iS ` do t el bunc tr `�-h�s Code. verses w inct4 (,)e have (YZu. 1 ccr_ p'te, A. ras` 81- 1 Jc. eoneern tiiH- pro ,rre +an rtgh he bei+eve_d Conc2(�f coa 4 ,Sena. -�f iKe Muni cede. n n-f Set “J f he y coax- J asf not eri4.,,e Nett tzn c�f sue- 1 i ne_., �'�- ootCCn4 or Sorne,Pheill pprt o c oto2s() 'it- suarrf the sem- t C�00.1err t�)�P.nGUJn� eirk1 a.cp# ..d b MCLitti j u.ri Set IC I-WAS rtS cc.t..0 Cs ✓' ✓' a- 2. Public comments or questions from those e in attendance, or submitted to the Board Secretary. 2 e, Stn ,JQv2 S ►��jc„rtg,' C once me d w 11÷ wve-d I n oc rrz snot 1 ►Leecu he, otoiLL n Much Mare a.+oo ' 4 rt. ffc F�n� 1 0 vthr ct. c�JhL a u.4 n9 fequcrern�s bit-f f Oo+ in `Favor a fhiAq 6011(1/11 1f v#) l0C&l coo? vin. t,,r - 1 - 4 . 1 n I o t rtiGtAan € C ) u - s • Job Of o e.. b n rZg t o j -tz> F hs r o et re ... Lkha.,-(- 4 cs cQs/ OjnC.t no 161 padol. "i bU.* a et '4- r ft- (c 1 ' ts rea_y� v in j ÷D }o +n-u2_ /ft Page 4 of VI. PUBLIC HEARING ITEM CONTINUED. 3. Disclosure of Ex -Parte Communications' by the Board. orb... VI. PUBLIC HEARING ITEM CONTINUED. 4. a) Consideration of a recommendation to the City Council to approve or deny Petition. ..11111:.• 17■41,111111111,11 1.1.1 INSIV Page5of Motion and a second offered by e and J✓ `°` n1-to recommend approval/ enial o the City Council for LDR Text Amendment Petition No. 17- 001 -TA adopting the International Property Maintenance Code with /without the following special conditions: V c(oct+i mtch -i- (wit /1 'P sc,,r 80 Pfewn4. -fro ailSto .. �:� k� u.,�..1 Cat n � E�00t ''N-6( - VoLr i 60 O PF 0 ► n -I- ' b) Board discussion. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN / BRASS JONASSAINT ✓ McCREARY 7 KEEFE O'BRIEN RFSIJI TS. t AC RRIFD ) DFNIFD �9 The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively March 21, 2017, 6 pm. B. Abandonment of Right -of -Way Petition No. 17- 001 -SC, vacate a 200 -foot by 60 -foot portion of NW 10`h Avenue between NW 7th Court and 8th Street, lying East of Block 13, NORTHWEST ADDITION (Exhibit 2). 1. Review TRC Recommendation - approval with special conditions. bj I I r ed- o0c1,1- -1- ° 7 -S 01 Pt 4- Cal Fawn ..n s Wit. atelp { apPVatr+l- Is cu,)cure_ tiriCti-C Page 6 of VI. PUBLIC HEARING CONTINUED. KPd abOw fence C ref ue. paver, McCoy- 2. Hear from the Property Owner or designee /agent - Jeremy LaRue. littiffiti Page 7 of i �) VI. PUBLIC HEARING 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. Page 8 of VI. PUBLIC HEARING CONTINUED. 5. a) Consideration of a recommendation to the City Council to approve or deny Petition. Motion and a second offered by tatilia (and 1' Ir ^ to recommend approval /denial to the City Council for Abandonment of Right -of -Way Petition No. 17- 001 -SC, vacate a 200 -foot by Bt -f6ot port' n of NW 10' Avenue between NW 7th Court and 8'h Street, lying East of Block 13, NORTHWEST ADDITION. w /W. r-f-h � r ++nau_t) c rr r i .th( S • r 4sgl?' b) Board discussion. N c�r� c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY ✓ BATTON BAUGHMAN BRASS 1/ JONASSAINT / McCREARY KEEFE O'BRIEN RFSIJI TS: CARRIFD DFNIFD The recommendation worwarded to the City Council for consideration at a Public Hearing, tentatively April 4, 2017, 6 pm. QUASI- JUDICIAL IT E-A( C. Variance Petition No. 17- 002 -V, reduce FRONT setback from 40 to 35 ft; REAR setback from 50 to 12.3 ft and 16.6 ft (from property line); and WEST -SIDE setback from 30 to 20 feet; in a CHV Zoning District, located at 205 NE 2' Street Lots 7 through 12 of Block 142, CITY OF OKEECHOBEE (Exhibit 3). 1. Administer of Oath- Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 1L3i 1 17�n ss� Q 9 Steve Dobbs p� }�ac� M c/Incite f -Y1 ? �s o mas ofmare filiftf Page 9 of VI. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. 2. Review Planning Staff Report - recommending denial. bcfbaf frk nt'Lr' cP(AC rPC(U..�t'c� ��m�c f F Mai Eiber+ &LHOn —Cone/ of of In 'resf- -From x-1140 j n GUs(,,.s sr oy, 7 /c ni Krsonct.lretontc 111 - rev►ec ta, St-off porl-co_ does n o+ ,e +- � of t- noui S rQe r o � VIAL ivas. ' ns ec itc ir Cu rns+ rteeS ��Q re are e ►fi t? S( c r cc I lard or S LC ht' 1 Iwo t ve ct / f r S say o r� I* hem �Q f� (Stnt.c�7t rt° }-h ct, i e- a , u c cc rit she S mt.? t o r wtre.me e fanner rerorrorna„s e,k poy+. b-e cot- co,u5t. O f reason S ! ✓� 1f12 Page 10 of VI. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. 3. Hear from the Property Owner or designee /agent - Thomas Conway, Sr., Registered Agent Family Heritage Holdings, LLC. /Steven L. Dobbs as Agent. ve_ bdbb.s - cLpptica n+ lS ou»? f` vAno (5 - r ► td1 n&-1- 4•pt6 n0 wain +to use buil(.if'?�. do C,{�Gtf ittht.,t_. 1,06.10, C J t ec� a� tut bLL �-I is c-1,t o.f Code nct 1001 fO e e� ` �Sf ��C) 4') r\L ' 1 �d tC a:4-- IT (-(' creed s 4-6 b2 bL d.�a -. Ci c OiS VI. PUB HEARING QUASI - JUDICIAL ITEM CONTINUED. \bu r 3° a 4 eels req w rer s I ruz C o, as W( f ern iD i o66 (- is a p VO c., (, b Ct.f fin C h 6-41 ue. has Specta.,l fectu.tgre m nis I`Yiae— IF fie, ba.- er wail d haAit. a f pt how wow he have cr-r1fvd t Page 11 of 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 1 htYna3 £frnoi V - L if 40 '_ `f‘CA" 06DeS C c `a, ::L W& r- `�✓ V C �+ r ;�+ a Le Or iela1iat `f'ha.+ does 90cd, uocylc. - flat r Obstio to a_. VI. PUBLIC HEARING QUASI- JUDICIAL IT M CONTINUED (Yi hChttLQ 1(a " o n , +? fib Shaxd Loh. Orq t e Cv t f Ott-/ tc! 1-- 2 "( o ton b1 d ()e hcuJ p Inv(S 'wail 'r a p is�s , sl Page 12 of 3 ,.1tooYie, and LJ tf (OiiJo( cox) %(p rntltf mtlte.9 bo,ohnio of ✓ w ahu.. Lovu,Ld a ppk.. / +o hp, /calk m cd -e - eMo-hty-na,1 cis pe c `react ? ri - - R.tcord 0011CenctS. fV rs, t,U) t 1tarns 4- ash,/ i3roic.r1`s a(a SPn nofi -- reect a p Inoac Pails j o.5edc95tons laced!ri tore( Iryas - ; 5. Disclosure of Ex -Parte Communications' by the Board. v. Dupre NC °A" Mr. — ¶ ep�-ie (mss r. rezonte f) 0 BD S ked � i UYIS eol -111 perrYLCOrl tm reque-+ rof NL` Sp e.e.,t t .! APP Le_ inefit7.3 Page 13 of VI. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. 6. a) Consideration of a motion to approve or deny Petition with /without special conditions. Motion and a second offered by and to recommend approval /denial for Variance Petition No. 17-002 - V, reduce FRONT setback from 40 to 35 ft; REAR setback from 50 to 12.3 ft and 16.6 ¶(from property line); and WEST - SIDE setback from 30 to 20 feet; in a CHV Zoning District, located at 205 NE 2nd Street Lots 7 through 12 of Block 142, CITY OF OKEECHOBEE with /without the following special conditions: b) Board discussion. c) Vote on motion. �on Ia ch. meet VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN ✓ BRASS ✓ JONASSAINT ✓ McCREARY KEEFE O'BRIEN RFSEJI TS. (CARRIFD- DFNIFD CHAIR CLOSED THE PUBLIC HEARING AT P.M. VII. ADJOURN - Chairperson. Patty Burnette From: Patty Burnette Sent: Thursday, February 23, 2017 10:06 AM To: 'Bobby Keefe (robert.m.keefe @me.com)'; ' douglas_mccoy @doh.state.fl.us'; 'Elbert Batton (elbert.platbuilders @gmail.com)'; 'Elbert Batton (embatton @hotmail.com)'; jadthoover @gmail.com'; 'johncook @cityofokeechobee.com'; 'khbrass @live.com'; 'Lmccreary@ceeco.net'; 'Mac Jonassaint (mjonassaint @aol.com)'; 'Michelle Baughman (bbsitedevelopmentinc @gmail.com)'; 'rbrock @cityofokeechobee.com'; 'skullhillsteel @yahoo.com'; 'William O'Brien (william j_obrien @yahoo.com)' Cc: bill @larueplanning.com; Marcos Montes De Oca (mmontesdeoca @cityofokeechobee.com) Subject: Requirement in regards to February 16, 2017 Planning Board Meeting Attachments: Form 8B Memorandum of Voting Conflict - Planning Board.pdf Good Morning. Attached is Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers form that was submitted by Board Member Batton and received by myself as Board Secretary today, February 23, 2017 in regards to Variance Petition No. 17- 002 -V. I am sending this email for your records and information as part of the requirements. Thank you, Patty Pa-f j M. u-4�e;f-fc, general-Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, TL 34974 l eh 863 -763 -3372 ext. 218 Tax: 863- 763 -1686 e main yburnette @cityofokeechobee.com website: www.cittfofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 t 8 13 20 z 2017 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -- MIDDLE NAME tun Eill, NAME OF BOARD, COUNCIL, COMMISSION, AUT ORITY, OR COM ■ TEE � �,� . • ' ,' n • 4 c4. THE BOARD, COUNCIL, COMMISSION, A.. HORITY OR COMM EON WHICH I SERVE IS A UNIT OF: 41'CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY el .AeLaMe MAILING ADDRESS _ 1 S a 5? tN t 1` �6-)N O + COUNTY CITY „( f ^ /� 0 `e2(ik eC,. 0Ke2Ckotoe e,. ,MEOF POLITICAL SU:DIVISION: • , DATE pppN WHICH VOTE OCCURRED A) y b i ^ -_ t 1 `l- °�J- 1�jY -'-Jl "J 114 Ab MY PO IT sN IS: ❑ ELECTIVE kIPPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative” includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form muss be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, }- \\ e -T iR , >r Rot., 0 y1 , hereby disclose that on� � 1-7j^LKr% IL , 20 7_: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, Vnured to the special gain or loss of i a.:1- i CA, r►-� PP } cv `- /h a ,.t � arzl 4D Inc , by whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: y WairV r i +Th ec eat ;A1 s• © l F ,P v3v-Lt 'y IL, Date Filed , which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 '■f)(ti 117_11 0" ?� i` l 1 me_, PAGE 2 Patty Burnette From: Jackie Dunham Sent: Thursday, February 16, 2017 1:43 PM To: Patty Burnette Subject: Comment regarding 17 -002 -V Susan Williams, a surrounding property owner for petition 17- 002 -V, telephoned our office inquiring about what type of club was planning to use the property. I explained it was the Elk's Club. Her main concern was that patrons might assume they can use the Williams' vacant property at parcel 3- 15- 37 -35- 0010 -01410 -0080, which is directly south of their real estate business located at 208 N Parrott Ave. She also stated the Walpole trucks use the property to drive through. She is aware of this and has no issue. She was concerned if someone were to block the path of the trucks they would definitely complain. I advised Mrs. Williams I would bring this to your attention for tonight's meeting. I also advised she was more than welcome to attend but she declined. Jackie/Dart,hanmi 4 d tratwe- Secretary C ity of Okeechobee. 55 SE Thdre'Avevue/ Okeechobee', FL 34974 Ted: 863-763-3372 ext. 217 FcUw.` 863-763-1686 Website: NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. 1 Okeechobee County Property Appraiser - Map Printed on 2/16/2017 2:44:0... Page 1 of 2 142.5 (.1 :C71, fit) NY: 31iE ST 142.5 47.5` NE 3 ST- Immatit ' ILLIAMS HAYNES E & SUSAN c 1 r I :.1 1 :. .$ 1l l l I I_,1: _ 1,1 47 5 15:142. 142.3 47.3 t.,h1 2ND ST NE 2ND ST 142.1. . 1i•5 1425 I I 1 56 112 168 £E ARCEL: 3- 15- 37- 35- 0010 -01410 -0080 - VACANT COM (001000) CITY OF OKEECHOBEE (PLAT BOOK 1 PAGE 10 & PLAT BOOK 5 PAGE 5) LOT 8, LESS THE NORTH 20 FEET AND LOT 9 BLOCK 141 Name:WILLIAMS HAYNES E & SUSAN LandVal $59,160.00 Site: HWY 441 N , OKEECHOBEE BldgVal $0.00 Mail: 206 N PARROTT AVE ApprVal $59,160.00 OKEECHOBEE, FL 349722931 JustVal $59,160.00 Sales Assd $59,160.00 Info Exmpt $0.00 Taxable $59,160.00 This information, updated: 2/10/2017, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http : / /www . okeech obeepa. com /GI S /Print_ Map . asp ?pj boi i b chhj bnl igc afcefo ... 2/16/2017 D SearchResults Okeechobee County Property Appraiser updated: 2/10/2017 Parcel: 3- 15- 37 -35- 0010 - 01410 -0080 « Next Lower Parcel) Next Higher Parcel » Owner & Property Info Owner's Name WILLIAMS HAYNES E & SUSAN Site Address HWY 441 N , OKEECHOBEE Mailing Address 206 N PARROTT AVE OKEECHOBEE, FL 349722931 Building Value CITY OF OKEECHOBEE (PLAT BOOK 1 PAGE 10 & PLAT Description BOOK 5 PAGE 5) LOT 8, LESS THE NORTH 20 FEET AND LOT cnt: (0) 9 BLOCK 141 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.277 ACRES S /T /R 15 37-35 Tax Neighborhood 518620.00 District 50 DOR Use Code VACANT COM (001000) Market Area 570 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $59,160.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $59,160.00 Sales History Page 1 of 2 2016 Certified Values Parcel List Generator 2016 TRIM (pdf) GIS Aerial Retrieve Tax Record Property Card Interactive GIS Map Print Search Result: 1 of 1 2016 Certified Values Just Value $59,160.00 Class Value $0.00 Assessed Value $59,160.00 Exempt Value Moo Total Taxable Value $59,160.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale 1Book/Pagel Inst. Sale Sale Sale RCode (Code Sale Price Date Type VImp Qual List) http: / /www.okeechobeepa.com /GIS /D_SearchResults.asp 2/16/2017 D SearchResults Page 2 of 2 7/15/2015 762/1319 TR V U 37 $100,000.00 7/7/2005 569/702 WD V U 03 $0.00 7/7/2005 569/697 WD V U 03 $0.00 Building Characteristics Bldg Sketch I Bldg Item I Bldg Desc I Year Blt I Base S.F. I Total S.F. I Bldg Value NONE Extra Features & Out Buildings - ( Show Codes Code I Desc I Year Blt I Value I Units I Dims I Condition (% Good) NONE Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067NP2 NO PARROTT (MKT) 0000085.000 FF - (0000000.277AC) 1.00/1.00/1.00/1.00 $696.00 $59,160.00 Okeechobee County Property Appraiser Search Result: 1 of 1 updated: 2/10/2017 This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or its interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e -mail addresses are public record. If you do not want your e-mail address released in response to a public- records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. © Okeechobee County Property Appraiser 1 Mickey L. Bandi - Okeechobee, Florida - 863 - 763 -4422 by: GrizzlyLogic.com http:// www. okeechobeepa .com /GIS /DSearchResults.asp 2/16/2017 Patty Burnette From: Michael Brown <pastormike72 @yahoo.com> Sent: Monday, February 13, 2017 3:49 PM To: Patty Burnette Subject: Variance Pettition No. 17 -002 -V Dear Patty, It was nice talking with you by phone. I will not be attending the meeting this Thursday evening, so, as per our conversation, I am sending this email for the Boards consideration. I received the property owner notice about the meeting set for February 16, 2017 at 6:00 pm. I am the property owner at 208 N.E. 2nd Street, Okeechobee, next to 2nd Street Pizza and directly across the street from the "Old Bass" Funeral Home. Several years ago, when the Newman's built the building next door to my property, there was a some concern about how many legal parking spaces would be needed for their business. At that time I was given 3 parking spaces in front of my residence, marked by yellow paint, with "Residential Parking Only" stenciled in black on each space, as well as a sign, "Violators Will Be Towed." The sign is still there but when the public works repainted the yellow, they never returned to re- stencil the "Residential Parking Only" in black. People still parked there when you could read it, accidentally, or not. I have never called for anyone to be towed, but presently, there are many nights that I have no place to park in front of my residence. As I read the notice considering the variance petition, I have no problem with setbacks, however, as you can guess,' would be concerned if a business is going to need more parking than is on sight. Also, I would have some concern with a nightclub or bar coming in across the street as we have grandchildren and my neighbor has children. If you would need to speak to me by phone, my cell is (863) 610 -0861 Thank you for your consideration in this matter. 1 Sincerely, ire } vvy / Founder / Pastor MBMI The Gathering of Okeechobee (863) 357 -4418 2 Planning Board /Board of Adjustment and Appeals Meeting February 16, 2017 Name Address /' -� ? -7 �.'-- rs,- _ l . 52- - rn / ' ° / Cam^ •` L�-� l� �� l _2�c* 0,..e.,— et) Y -w� _7,'„ -mot_ -- —3 `t 9 7 kliDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17(1 `treet -'Suite I) s3 a Okeechob 863- \3134 lorida 3492. 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 aL�J 1� in the matter of f in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of al /6/ act Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this l 17& day of1"Lt.rltt Notary Public, State of Florida at Large Katrina Elsken i 5 �Y >�o•,, ANGIE BRIDGES '�•'' . = MY COMMISSION # FF 976149 EXPIRES:April 20, 2020 i 1DEPENDENT NEWSMEDIA INC. USA Okeechobee News/ ,' 107 SW 17th Street, n ite'D Okeechobee, Flori. 497)1 863 -763 -3 —1 N. STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed b ore me this 3 0--(14, day of '6-A r)6 17 AD Notary Public, State of Flor d iat Large ),c ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:Aprl20, 2020 ''EOf,r t°•P: Bonded Thru Nolan/ Public Undemnte PUBLIC NOTICE RIGHT -OF -WAY ABANDONMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the City of Okeechobee Planning Board on Thur. February 16, 2017, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE3rd Ave- nue, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Abandonment of Right -Of -Way Petition No. 17- 001 -SC, submitted by Mr. Jeremy LaRue (Manager), Total Roadside Service Center, LLC. Petition No. 17- 001 -SC requests to vacate a 200 -foot by 60 -foot portion of NW 10th Avenue, between NW 7th Court and 8th Street, lying East of Block 13, NORTHWEST ADDITION, Plat Book 1, Page 25, Public Records, Okee- chobee County. 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 City Council, tenta- tively scheduled on March 21, 2017 (First Reading) and final adoption Public Hearing on April 4, 2017, 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 indudes 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 special 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 City's records. BY: Zoning Administrator Marcos Montes De Oca, Petition No. 17- 001 -SC 479301 ON 1/29/2017 ADEPENDENT NEWSMEDIA INC. USA Okeect•ob ee News 107 SW 17ftbiStree't, lit 1) Okeechobee Plorida 34974 ''.4)1"; 863 46.)3 134 / r STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 0:t7fs, /Ao (7 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 an subscribed befo e me this day ofr,C(L {,,./1,ci Q ( Notary Public, State of Florida at Large v �i� � �. � �� / C-rtJ ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: April 20, 2020 Bonded Thru Notary Public Undemriters AD PUBLIC NOTICE RIGHT -OF -WAY ABANDONMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the City of Okeechobee Planning Board on Thur. February 16, 2017, 6 PM, or as soon thereafter as possible, at City Half, 55 SE 3rd Ave- nue, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Abandonment of Right -0f -Way Petition No. 17- 001-SC, submitted by Mr. Jeremy LaRue (Manager), Total Roadside Service Center, LLC. Petition No. 17- 001 -SC requests to vacate a 200-foot by 60 -foot portion ofi NW 10th Avenue, between NW 7th Court and 8th Street, lying East of Blockl 13, NORTHWEST ADDITION, Plat Book 1, Page 25, Public Records, Okee -ii chobee County. The hours, on -Fri, 0 60. 1-4:30 PM, except. for holidays. The public isbencour�l aged to attend, The Planning Board will offer a recommendation to the Oty Council, tenta- tively on up scheduled on March 1, 2017 (First Reading) and final adoption Public Hearing ANY PERSON DECIDING TO APPEAL any derision 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 sp�eaal accommodation to par- ticipate in this proceeding, tg, proceeding, 9e8 General Se72ces Office no later than two business days prior P 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 Oty's records. BY: Zoning in ng A/8 /20strator Marcos Mantes De Oca, Petition No. 17- 001-SC INDEPENDENT NEWSMEDIA INC. USA Okeecho 107 SW 17th Okeechobee, 1~i 863 -763' Ti 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 J AfLe �c,C� advertisement being a in the matter of JLI' ,t /VL4 \J in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -)-0 17 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 be • e me this 30-r- day of (7 AD Notary Public, State of Florida at Large c:tc4_ J PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Oty of Okeechobee Planning Board, meeting as the Local Planning Agency on February 16, 2017, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider and receive input on Petition No. 17-001-TA which proposes Land Development Regula- tion (LDR) amendments to the Code of Ordinances Subpart Bas follows: Add to Section 66 -10, Construction Design and Improvement Regulations, the adoption of the International Property Maintenance Code (Pl'lC). The PMC regulates and govems the conditions and maintenance of all property, buildings, and structures. Provides standards for supplied utilities and fa- dlities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use. Provides for the condemnation of buildings and structures unfit for human occupancy and use; and the demolition of such existing structures. Provides for issuing of permits, collecting fees for services, and provides for penalties. The proposed amendments may be reviewed at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public is encouraged to attend. The Planning Board will issue a recommendation on LDR Petition No. 17-001-TA to be forwarded to the City Council for consideration tentatively scheduled for 6 PM on March 7 (First Reading) and 21 (Final Public Hear- ing), 2017. ANY PERSON DECIDING TO APPEAL any dedsion 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. By: Zoning Administrator Marcos Mantes De Oca, Petition No. 17- 001 -TA 479302 ON 1/29/2017 DEPENDENT NEWSMEDIA INC. USA Fy.v Okeechobeei,News 107 SW 17th koe.t, Suite D Okeechobee, F pip�'la 34974 863-763-h31)//---__ f 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 fr1-4-r&C--to) in the matter of i (f i� � �QJ.Lf .(71.1 -1 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of (7.Va. (7 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 bef re,me this day of ((- Notary Public, St to of Florida at Large n Katrina Elsken ,ao/7 AD PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the City of Okeechobee Planning Board, meeting as the Local Planning Agency on February 16, 2017, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider and receive tion (LDR) amendments to the which Ordinances Subpart 8 Development s follows: to Section 66 -10, Construction Design and Impne Gene (e ulah The the e adoption of the International Property PMC regulates and governs the conditions and maintenance of all property, buildings, and structures. Provides standards for supplied utilities and fa- cilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use. Provides for the condemnation of buildings and structures unfit for human occupancy and use; and the demolition of such existing structures. Provides for issuing of permits, collecting fees for services, and provides for penalties. The proposed amendments may be reviewed at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public is encouraged to attend. The Planning Board will issue a recommendation on LDR Petition No. 17-001-TA to be forwarded to the City Council for consideration tentatively scheduled for 6 PM on March 7 (First Reading) and 21 (Final Public Hear- ing), 2017. 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 special accommodation to par - twobesiness days proceeding, tg, contact the General Se Zces Office no later than BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or r r opp o6on to must be provided y[ agenda; a copy of the document, picture, video, to yy the Board Secretary for the Gty's records. By: Zo ON 20 Zoning Administrator Marcos Montes De Oca, Petition No. 17-001-TA INDEPENDENT NEWSMEDIA INC. USA Okeecho 107 SW 17th ✓ lie News- p r t, Suite D ; Okeechobee, Ft crxi`da 34974 .� -1 r 863 -763 n4, ,\,.Y� \?./ii---?-__110Y-- \ /61: \c6, 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 (JJ� /1'Lt t'Q, in the matter of � f� �/��1 �-� � �LAJK.,T 0, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of [ 7 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 �l day of -J 0 (7 AD 1 Notary Public /r)State o Florida at Large J ANGIE BRIDGES MY COMMISSION # FF 976149 10,' EXPIRES: April 20, 2029 '%;f;ife.fl �: P Bonded Thal Notary Public UndBiwfitefs PUBLIC NOTICE CONSIDERATION OF A PROPOSED VARIANCE NOTICE IS HEREBY GIVEN that a QUASI - JUDICIAL PUBLIC HEAR- ING will be held before the City of Okeechobee Board of Adjustment on atGty H Hall, 55 SE 3rd Ave, Councciil Chambers, Rm thereafter as Okeechobee, FL, to consider and receive input on Variance Petition No. 17-002 -V, submitted by Mr. Thomas Conway, Sr. (Registered Agent), Family Heritage Holdings, LLC, the property owner. The request 0 to reduce the FRONT setback from 40 to 35 feet and the REAR actual property line setback from 50 to 12.3 feet within a Heavy Com- mercial Zoning District, Supplemental Use Regulations for a private club, nightclub and bar requirements; Ref. Code Book Section 90 -698. Additional- ly, reducing the WEST -SIDE setback from 30 to 20 feet, Yards on corner lots ref. Code Book Section 90-447, The property consists of 1.033± acres, located at 205 NE 2nd Street. Legal: Lots 7 through 12 of Block 142, CITY OF OKEECHOBEE, Plat Book 5, Page 5, public records of Okeechobee County, Florida. 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 Board of Adjustment serves as the decision making body on this matter to approve or deny Variances. 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 appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two busi- ness days prior to proceeding, 863- 763 -3372. BE ADVISED that should you Intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. by: Zoning Administrator Marcos Montes De Oca, Petition No. 17 -002 -V 479358 ON 2/1,8/2017 CITY OF OKEECHOBEE PLANNING BOARD FEBRUARY 16, 2017, OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: Februaryl6, 2017, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. II. OPENING CEREMONIES: Pledge of allegiance led by Chairperson III. CHAIRPERSON, BOARD 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 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda by Staff, Board Members or the public. V. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the January 19, 2017, regular meeting. VI. OPEN PUBLIC HEARING - Chairperson. A. Consider LDR Text Amendment Petition No. 17- 001 -TA adopting the International Property Maintenance Code (Exhibit 1). 1. Hear from City Staff - City Attorney. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex -Parte Communications' by the Board. 4. a) Consideration of a recommendation to the City Council to approve or deny Petition. b) Board discussion. c) Vote on motion. FEBRUARY 16, 2017 - PB Agenda - Page 2 of 2 The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively March 21, 2017, 6 pm. B. Abandonment of Right -of -Way Petition No. 17- 001 -SC, vacate a 200 -foot by 60 -foot portion of NW 10`h Avenue between NW 7`' Court and 8`h Street, lying East of Block 13, NORTHWEST ADDITION (Exhibit 2). 1. Review TRC Recommendation - approval with special conditions. 2. Hear from the Property Owner or designee /agent - Jeremy LaRue, 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 Petition. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively April 4, 2017, 6 pm. C. Variance Petition No. 17- 002 -V, reduce FRONT setback from 40 to 35 ft; REAR setback from 50 to 12.3 ft and 16.6 ft (from property line); and WEST -SIDE setback from 30 to 20 feet; in a CHV Zoning District, located at 205 NE 2nd Street Lots 7 through 12 of Block 142, CITY OF OKEECHOBEE (Exhibit 3). 1. Administer of Oath- Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report - recommending denial. 3. Hear from the Property Owner or designee /agent - Thomas Conway, Sr., Registered Agent Family Heritage Holdings, LLC. /Steven L. Dobbs as Agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a motion to approve or deny Petition with /without special conditions. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VII. ADJOURN - Chairperson. 'Per Resolution No. 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863 - 763 -3372. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. QUASI- JUDICIAL ITEM MEMORANDUM TO: Planning Board Members FROM: DATE: February 9, 2017 SUBJECT: Board Secretary Burnette LDR Text Amendment Petition No. 17- 001 -TA I have provided you with copies of proposed Ordinance No. 1151 but am unable to provide you with copies of the 2015 International Property Maintenance Code because this document is copyrighted and owned by Jeffery Newell, the Building Official. You will need to come into City Hall to review the document before the Planning Board Meeting next Thursday. Thank you. ORDINANCE NO. 1151 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66- GENERAL PROVISIONS, SECTION 66 -10 CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS BY ADDING THE INTERNATIONAL PROPERTY MAINTENANCE CODE TO THE LIST OF CODES AND STANDARD INCORPORATED BY REFERENCE; PROVIDING FOR AMENDMENTS TO SAID IPMC; PROVIDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances and land development regulations in order to address certain inconsistencies or outdated regulations contained in the codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the code a more consistent and easier to understand document; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Application No. 17- 001 -TA, at a duly advertised Public Hearing held on February 16, 2017, hereby recommends certain changes, amendments or modifications to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that enacting such amendments to be in the best interest of its citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens. NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 66- General Provisions, Section 66 -10 Construction design and improvement regulations, (a) Codes and standards incorporated by reference, as follows: (5) International Property Maintenance Code. (a) That a certain document, three copies of which are on file in the Office of the Building Official of the City of Okeechobee, being marked and designated as the International Property Maintenance Code, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Okeechobee, in the State of Florida for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; Ordinance No. 1151- Page 1 of 3 Language to be added is underlined. Language to be deleted is ckxck- though. Exhibit 1 providing for the issuance of permits and collection fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the General Services Department of the City of Okeechobee are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any prescribed in Section 2 of this ordinance. SECTION 2: SPECIFIC REVISIONS. The following sections of the International Property Maintenance Code, are hereby revised as follows: Section 101.1. Title. Insert City of Okeechobee as the name of the applicable jurisdiction. Section 102.3. Insert at end of first sentence: and any and all applicable current Florida Building Code or Florida Fire Prevention Code provisions. In the event that any conflicts or inconsistencies may be found to exist between any of the provisions of the International Property Maintenance Code, as adopted by this ordinance and the provisions of either the Florida Building Code, as set forth in Chapter 553, Part IV, Florida Statutes, or the Florida Fire Prevention Code, as set forth in Chapter 633, Florida Statutes, the provisions of the Florida Building Code and the Florida Fire Prevention Code, respectively, shall prevail. Section 103. Department of Property Maintenance Inspection. Is to be renamed "City of Okeechobee Code Enforcement Department." Section 103.1 General. Delete the words 'department of property maintenance inspection is hereby created," and insert in its place and stead the words: "City of Okeechobee Code Enforcement Department has been heretofore created." Further, wherever the words "department of property maintenance inspection" or "code official" may appear, substitute the words: "City of Okeechobee Code Enforcement Department' and the words "Code Enforcement Supervisor," respectively. Section 106.3. Prosecution of violation. Insert at the end of section, the words: The City of Okeechobee Code Enforcement Department may, in addition, or alternatively, to pursuing any such criminal or civil penalties or seeking injunctive relief, bring violations for prosecution before the Code Enforcement Board, in accordance with all of the provisions of and pursuant to, the enforcement procedures established under the City of Okeechobee, Code of Ordinances, Chapter 18, or Chapter 162, Florida Statutes. Section 106.4. Violation Penalties. Insert at the end of section, the words: The monetary penalties that may be imposed for violations shall conform to the discretionary limits set out in Chapter 162, Florida Statutes. Section 111. Means of Appeal. An appeal of any decision of the City of Okeechobee Code Enforcement Department shall be governed by the provisions of Chapter 162, Florida Statutes. Section 112.4. Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine as set out in the City of Okeechobee Code of Ordinances Appendix G. Section 302.4 Weeds. Insert: 12 inches. Section 304.14 Insect screens. Delete the words: "During the period from [DATE] to [DATE],." Section 602.3 Heat supply. Insert: November 1st to March 31st. Section 602.4 Occupiable work spaces. Insert: November 1st to March 31st Language to be added is underlined. Language to be deleted is shislilaiaugh. Ordinance No. 1151- Page 2 of 3 SECTION 3: CODIFICATION, INCLUSION IN CODE. It is the intention of the City Council for the City of Okeechobee, that the provisions of this ordinance shall become and be made part of the City of Okeechobee Code of Ordinances, and that sections of this ordinance may be renumbered or re- lettered that the word "ordinance" may be changed to "section," "article," or such other appropriate work or phrase in order to accomplish such intention, and regardless of whether such inclusion in the Code is accomplished, sections of this ordinance may be renumbered or re- lettered and typographical errors which do not affect the content may be authorized by the City Clerk without need of public hearing, or filing a corrected or re- codified copy of same in the Office of the City Clerk. SECTION 4: CONFLICTS OF LAW. This section is enacted to be supplemental to existing ordinances and does not replace or supersede previously adopted ordinances; whenever the requirements or provisions of this Section seem to conflict with the requirements or provisions of any other lawfully adopted ordinance, code, or statute, the Code Enforcement Department may elect to proceed under such ordinance, code, or statute deemed most expedient to the City, unless the conflict is irreconcilable, and in that event, the most restrictive requirements shall apply. As the International Property Maintenance Code will be subject to periodic amendment, the City will, by ordinance, adopt such amendments as deemed appropriate. SECTION 5: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for final Public Hearing on this day of , 2017. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of , 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1151- Page 3 of 3 Language lobe added is underlined. Language lobe deleted is shiakkuaigh. Dowling R. Watford, Jr., Mayor 2015 International Property Maintenance Code® First Printing: May 2014 ISBN: 978 -1- 60983 -484 -5 (soft -cover edition) COPYRIGHT © 2014 by INTERNATIONAL CODE COUNCIL, INC. Date of First Publication: May 30, 2014 ALL RIGHTS RESERVED. This 2015 International Property Maintenance Code® is a copyrighted work owned by the Interna- tional Code Council, Inc. Without advance written permission from the copyright owner, no part of this book may be repro- duced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example, and not limitation, photocopying or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: Publications, 4051 West Flossmoor Road, Coun- try Club Hills, IL 60478. Phone 1- 888 -ICC -SAFE (422- 7233). Trademarks: "International Code Council," the "International Code Council" logo and the "International Property Maintenance Code" are trademarks of the International Code Council, Inc. INTERNATIONAL CODE COUNCIL' PRINTED IN THE U.S.A. Copyright ® 2014 ICC. ALL RIGHTS RESERVED. Accessed by Jeffery Newell on Jun 1.2016 8:2031 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER TABLE OF CONTENTS CHAPTER 1 SCOPE AND ADMINISTRATION .... 1 402 Light 403 Ventilation PART 1 —SCOPE AND APPLICATION 1 404 Occupancy Limitations Section 101 General 1 CHAPTER 5 PLUMBING FACILITIES AND 102 Applicability 1 FIXTURE REQUIREMENTS 19 Section PART 2— ADMINISTRATION AND 501 General 19 ENFORCEMENT 2 502 Required Facilities 19 Section 503 Toilet Rooms 19 103 Department of Property Maintenance 504 Plumbing Systems and Fixtures 19 Inspection 2 505 Water System 19 104 Duties and Powers of the Code Official 2 506 Sanitary Drainage System 20 105 Approval 2 507 Storm Drainage 20 106 Violations 3 107 Notices and Orders 3 CHAPTER 6 MECHANICAL AND ELECTRICAL 108 Unsafe Structures and Equipment 4 REQUIREMENTS 21 109 Emergency Measures 5 Section 110 Demolition 6 601 General 111 Means of Appeal 6 602 Heating Facilities 112 Stop Work Order 7 603 Mechanical Equipment 604 Electrical Facilities CHAPTER 2 DEFINITIONS 9 605 Electrical Equipment Section 606 Elevators, Escalators and Dumbwaiters 201 General 9 607 Duct Systems 202 General Definitions 9 CHAPTER 7 FIRE SAFETY REQUIREMENTS ... 25 CHAPTER 3 GENERAL REQUIREMENTS 11 Section Section 701 General 301 General 11 702 Means of Egress 302 Exterior Property Areas 11 703 Fire - resistance Ratings 303 Swimming Pools, Spas and Hot Tubs 11 704 Fire Protection Systems 304 Exterior Structure 12 305 Interior Structure 13 CHAPTER 8 REFERENCED STANDARDS 27 306 Component Serviceability 14 307 Handrails and Guardrails 15 APPENDIX A BOARDING STANDARD 29 308 Rubbish and Garbage 15 Section 309 Pest Elimination 15 A101 General A102 Materials CHAPTER 4 LIGHT, VENTILATION AND A103 Installation OCCUPANCY LIMITATIONS 17 A104 Referenced Standard Section 401 General 17 INDEX 17 17 17 21 21 21 21 22 22 23 25 25 25 25 29 29 29 29 31 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® xiii hrr y ��arfr ilr�I�mirT�l �l �rr�l � l � t� l �i Copyright ® 2014 ICC ALL RIGHTS RESERVED. Accessed by Jeffery on Jun 1, 2016 8:2031 AM pursuant to License Agreement with ICC. No further reproduction or n,a orarrrr(4nr 1c a 411(41 ATrnta nc THE FEDERAI. COPYRIGHT ACT AND THE LICENSE Patty Burnette From: Patty Burnette Sent: Monday, February 13, 2017 2:50 PM To: 'Bobby Keefe (robert.m.keefe @me.com)'; ' douglas_mccoy @doh.state.fl.us'; 'Elbert Batton (elbert.platbuilders @gmail.com)'; 'Elbert Batton (embatton @hotmail.com)'; jadthoover @gmail.com'; ' johncook @cityofokeechobee.com'; 'khbrass @live.com'; 'Lmccreary@ceeco.net'; 'Mac Jonassaint (mjonassaint @aol.com)'; 'Michelle Baughman ( bbsitedevelopmentinc @gmail.com)'; 'rbrock @cityofokeechobee.com'; 'skullhillsteel @yahoo.com'; 'William O'Brien (william j_obrien @yahoo.com)' Subject: Planning Board Meeting 2/16/17 Board Members. Regarding my memo to you for Petition No 17- 001 -TA, and thanks to Les for finding this information, you may use the link below to access the information on the International Property Maintenance Code at your leisure, which I wasn't aware was available for public access online. Should you have any problems you may still come by City Hall. Thank you, Patty http: / /codes.iccsafe.org /app /book /toc /2015/1- Codes /2015 IPMC HTML /index.html Pc 41-9 M. 6wriAt- e, c eneraf Services Coordinator City of Okeechobee SS Soutfieast 3rd Avenue Okeechio6ee, FL 34974 Te6 863- 763 -3372 ext.218 Tax: 863- 763 -1686 e mail yburnette @cityofokeec (ioLee.com weLsite: www.cityofokeecliobee.com okeec(ioLee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. t Patty Burnette From: Les McCreary <Imccreary @ceeco.net> Sent: Monday, February 13, 2017 11:33 AM To: Patty Burnette; 'Bobby Keefe'; douglas_mccoy @doh.state.fl.us; 'Elbert Batton'; 'Elbert Batton'; jadthoover @gmail.com; John Cook; khbrass @live.com; 'Mac Jonassaint'; 'Michelle Baughman'; Robin Brock; skullhillsteel @yahoo.com; 'William O'Brien' Subject: RE: Planning Board Meeting February 16, 2017 Thank you, Patty. I will Lie there, Also, the 20 114] In em tional i;,,_;iyert; ai ,ter n:e public „access at the following link: http: / /codes.iccsafe.org /app /book /toc /2015/1- Codes /2015 IPMC HTML /index.html This may be more convenient for everyone than having tc, visit C ty Hall to review it. Thant: you, Les sirs to be avaiiabie f-; From: Patty Burnette [mailto:pburnette @cityofokeechobee.com] Sent: Monday, February 13, 2017 9:39 AM To: Bobby Keefe (robert.m.keefe @me.com); douglas mccoy @doh.state.fl.us; Elbert Batton (elbert.platbuilders @gmail.com); Elbert Batton (embatton@hotmail.com); jadthoover @gmail.com; John Cook; khbrass @live.com; Lmccreary @ceeco.net; Mac Jonassaint (mjonassaint @aol.com); Michelle Baughman (bbsitedevelopmentinc @gmail.com); Robin Brock; skullhillsteel @yahoo.com; William O'Brien (william j obrien @yahoo.com) Subject: Planning Board Meeting February 16, 2017 Good Morning. Please confirm whether you will be in attendance at this meeting. Thank you, Patty Patty M. 60-m te, genera/ Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, L 34974 ek 863 - 763 -3372 ext. 218 1 Tax: 863- 763 -1686 e -mail pburuette @citijo fo1eec[iobee.com website: www.cityofokeechobee.coni NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. PAGE 1 ABANDONMENT OF RIGHT -OF -WAY PETITION Exhibit 2 CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 863 - 763 -3372 X 218 Fax: 863 - 763 -1686 PETITION NO. 17-001-R. 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 Date Fee Paid: J di- b_ i I Receipt No: L LoOg D TRC Meeting: !— EQ -/ 7 Publication Date: Letters Mailed: PB /BOA Meeting: Publication Dates: �� " ��- r Letters Mailed: established fee, or when a professional-1045 consultant is hired to advise the city on elnaL City Council Re. a_ d- i n g : 3-a)41 CM. R Letter er E- mailed: application, the applicant shall pay the ac uay (Cit costs. , Council Public Hearin Publication Date: g'�i �� 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 Abandon g . \ A dooIX 4O T.i 1 PoP, O "Liu) /CjT`` %�UG CF /KIA `1'mSAcc ST) 1 ERS-r 6F BLocK 3 NW r�•iJ�i >o' �� t9 P& 5 S; citTGla�LY H_E L3[ (p0 'Of l L v c A �crGRSec t. c�*c` a $ I"tb c-\-- 4' C� Does )104 Zt� C_LC DE 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: j AE Cokgem RTL H1 A t�AY -TS Le,� Pit Lb AT H 7cAbEN -b P.a4-1:304V 1j021� 4-I ,- i Kc 12 WE- SPo►2, t Loo --+' c y S`rl�f , 19fv b �o ��lEf9tz f UTU�E cGOpll7/ 7 fir"= i�r� /Mc,/ LS c.Li 7-47 72_,5t6-)). /1QEA L c)c,L� G ) 4PQ ? b" T1+C- `PgoFo &�)) F- I`(rR fl (' -� f"c' T /-f � i% LD r L. PAGE 2 PETITION Na 17 b01 -SC- 4 R Name of property owner(s):' t \L Vb iOS E SERo atc C Owner(s) mailing address: ►?O 3j K 1 c{ Owner(s) e-mail address: c AL RoADSI E SE$JI.f/�rer, f--i- , / , C--1 Owner(s) daytime phone(s):'C 3_(p3y —9 0 , Fax: /(,,3_({ GI_ a as Required Attachments Copy of recorded deed of petitioner as well as any other property owner whose property 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 i 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) tSite 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 imprisonmenof up to 30 days and may result in the summary denial of this petition. Land atur ,� ,c_�c:-r\—( I-, A 5?,0 l l (ai L �� 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 is cons stent_with: the.Corriprehensite Plan: access is not an easement: 1 NHS ZS c iSTSTENT DOE- -co No fFOTve,c koAi) SAL' i H-L , T f C H L L L _ RE.,nlislti,i F } Ni 0 ACL.GS5 L E L? i THE . ES AmT-LSt�hTE b -Due To or-F.511-r: t (-f 14tCb R4Zt_L V. 2 Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement: S a... niGSS "To T l-t: Cc .Cnr - ut 1y u x TH J zS -S i Rr< ZS NoT A SOLE F)CcL.55 j fare;-) 6TN &2 i?oPERjTV. i H-L , T f C H L L L _ RE.,nlislti,i F } Ni 0 ACL.GS5 L E L? i THE 3 _ Proposed vacatj ii isin, the public mter_.est and,provides a benefit totheiCity '—R BEN E FIT Ti Ti-1E Crry TS TO 7PC 0 T-DE, AlidT ECI2- S a... niGSS "To T l-t: Cc .Cnr - ut 1y u x TH J zS -S AMI) -TAKE: S (3,..t I RE -PA CaL .4 Proposed vacation. would _not jeopardize thelocatton of.any utility..:: N. c--) LYTt1 1----r-7--a- i4RE u- = F-rt. --tw T l-t-E gt67-1-IT °A* 4J4. wr1 -C4 address the request and evaluate it and the Petitioner's .ia and offer a recommendation for approval or denial). Page 1 of 2 Okeechobee County Property Appraiser 2016 Tax Roll Year W.C. Bill Sherman, CFA updated: 12/8/2016 Parcel « _ 3:46-37-35=0160=00130.0010 .. » � Aerial Viewer Pictometery Google Maps -•-- Result: 2 of Owner & Property Info 3 vgan p 201_4 dm. � 0_09 0 a ale r _. � 1. 14 '-'15-..7-.--7"--4-:: r t - "._ ..ar t -Y Owner TOTAL ROADSIDE SERVICE CENTER PO BOX 147 OKEECHOBEE, FL 349730147 — .. -r- = % '�,`�.E' "' `�`t^ f�:'Y' 1� .t.46...-":7: `i f' r ? eitrz � r `Ci `�t `-.ti . rijr 1..Z .,2jrtu �u,..t�L' �� ...• •.: �s. :wit. ..d3o 4k. Site 855 NW 10TH AVE, OKEECHOBEE Description ' NORTHWEST ADDITION TO OKEECHOBEE (PLAT BOOK 1 PAGE 25).L"OTS 1 THROUGH 6-AND LOTS 15THROUGH 18 AND WEST' 1/2. OF LOT -19 BLOCK 13 sue- r -�" � e" : .ii ', (;.�` "y K*.' ,; .y ; � '^ '' '� i � .r„� zols't1 1s ° -e'_0,16;,06-06 t" ;=,� Area 1.279 AC S/T /R 16-37-35 Use Code VACANT (000000) Tax District 50 3z0?000 •ms". µ � $a'000y ? • 4- ac`viu -11 rt- " ' _ -" " Q V U 11`, �. Ra= _• • �, ai . ,; z ' sr. � * The Description above is not to be used as the c� w • ^' .}- Legal Description for this parcel in any legal transaction. The Use Code is a Dept. of Revenue (DOR) code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. rte • . tzl- ..:k, rs • — ate - te, g - `-"� "'�' �`" �� � I cT ' ° _ "A < ,1` . CC '.n „.y; e , � y ' , r+ �a} ';..Y�'..)e".-....%:%:....7$m•-;4.c.:"." 'may 1, : ixro�l c.• �•r ma`:,: & Assessment Values Ok - � ,♦, • �•5_c, , ,• a `` � �Property i• ,N, +=^ "', 2015 Certified Values 2016 Certified Values • '. { _ x 1/4 = v. -4 , _ .' .-, ]"� Mkt Land (3) $27,451 Mkt Land (2) () $15,292 Ag Land (o) $0 Ag Land (o) $0 ' 4 ,V L, y,!a�, �' i . �, ��' ``` V,i �:p'}N41 s Building (o) $0 Building (o) $0 XFOB (0) $0 XFOB (o) $0 �wr #T ` I, • "t, Just Class $27,451 Just $0 Class $15,292 $0 : f::4 ° M t.,,i ,' i i r ,•. ;,; r ", 8 : i b-. ', S ` ” Appraised $27,451 Appraised $15,292 k r --� x'' � Fl ' �- tip. l�r Exempt Assessed $0 Exempt $27,451 Assessed $0 $15,292 ti _ t rr t71' - E, .. •-' <� , ''' ix .� y� .1:0'� �' 4.ri 9 ,� i� Total Taxable county:$27,451 city :$27,451 cl 27,451 Total other:$27,451 Taxable school:$27,451 county:$15,292 ci 15,292 tY�$ other:$15,292 school:$15,292 ,, ` �:,- i� ti a� , • , . i ' " +-,, t -' J'v �'- a � �� -- '.c.' ; _ %t�.C. _ - - . I "�- ..� _- ' ";iy,:N: ---..-4.. . Sales History Sale Date Sale Price Book/Page Deed V/I Quality (Codes) RCode 6/6/2016 $24,000 776/0505 QC V U 11 11/19/2015 $20,000 767/1116 QC V U 11 12/19/2013 $6,500 740/0675 TD V U 11 2/24/2006 $0 593/1605 PR V U 01 10/17/2005 $0 580/0778 PB V U 03 4/1/1982 $12,000 249/0982 WD V U 03 7/1/1972 $0 140/0265 QC V U 03 4/1/1972 $12,000 136/0238 WD V Q Building Characteristics http://ap2.okeechobeepa.com/gis/recordSearch_3_Details/ 12/15/2016 Prepared by and return to: Patricia A. Ragon Clear Title & Legal Services 202 NW 5th Street Okeechobee, FL 34972 863 -824 -6776 File Number: 2572 -16 Will Call No.: 111111111111111111111111111111111111111) FILE NUN 2016005427 OR BK 776 PG 505 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 06/15/2016 09:41:52 AM AMT $247000.00 RECORDING FEES $18,50 DEED DOC $168.00 RECORDED BY M Pinon Pss 505 - 506; (2 Pss) (Space Above This Line For Recording Dataj Quit Claim Deed This Quit Claim Deed made this 3r d=day=of Jiine; 2016'between Dennis R. Wilson and Linda M. Wilson, husband and wife whose post office address is 1107 NW 7th Court, Okeechobee, FL 34972, grantor, and Totalaoadside Service cCenter, LLC,, A Florida Limited Liability Company whose post office address is P.O. Box 147, Okeechobee, FL 34973, 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: Lots = =l 7througfir-'67- =arid = Mots =-TS tlirongh- 1.8inc1usive- and = the .West- :1 /2. -of -Lot: lA.� = Bliick' =13, cNORTHWEST::ADDITION TO OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 1, Page 25, Public Records of Okeechobee County, Fklorida. Parcel Identification Number 3- 16- 37.=35x0160;=001304:100 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. DoubleTimee Book776 /Page505 CFN #2016005487 Page 1 of 2 Si ed, sealed and delivered in our resence: Witness Name: Witness Name: State of Florida County of Okeechobee ,,a,„ Dennis R. Wilson The foregoing instrument was acknowledged before me this M. Wilson, who produced drivers license as identification. 412.°;°`f, PATRICIA A. RAQON * * MY COMMON t FF 025112 EXPIRES: Juno 29, 2017 #toiP" Baidedlto Budged Nda y Sent% (Seal) � ,,--9-1..O ) Linda M. Wilson day of June, 2016 by ennis R. Wilson and Linda Printed Name: rsIM1 A. Ragan My C:onnnission Expires: Quit Claim Deed - Page 2 Double-rime" Book776 /Page506 CFN #2016005487 Page 2 of 2 1 1 Page 1 of 2 Okeechobee County Property Appraiser W.C. Bill Sherman, CFA Parcel: 0 3- 16- 37 -35- 01;60 - 00130=0190 2016 Tax Roll Year updated: 12/8/2016 Aerial Viewer Pictometery Google Maps Owner & Property Info Result: 3 of 3 2015 Certified Values 2016 Certified Values TOTAL-ROADSPEi7ERVICE CENTER Owner PO BOX 147 Ag Land (0) OKEECHOBEE, FL 349730147 Site NW 7TH ST, OKEECHOBEE $0 Building (0) NORTHWEST ADDITION TO OKEECHOBEE Description * (PLAT BOOK 1 PAGE 25) EAST:1 /2:OE :LOT $0 d 9: &- ALL - DE.LOT20 -B L-QCK -.13 Area 0.195 AC S/T /R 16 -37 -35 Use Code * VACANT (000000) Tax District 50 * The Description above is not to be used as the Legal Description for this parcel transaction. in any legal The Use Code is a Dept. of Revenue (DOR) code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values 2015 Certified Values 2016 Certified Values Mkt Land (1) $3,827 Mkt Land (1) $3,827 Ag Land (0) $0 Ag Land (0) $0 Building (0) $0 Building (0) $0 XFOB (0) $0 XFOB (0) $0 Just $3,827 Just $3,827 Class $0 Class $0 Appraised $3,827 Appraised $3,827 Exempt $0 Exempt $0 Assessed $3,827 Assessed $3,827 Total Taxable county:$3,827 city:$3,827 Total other:$3,827 Taxable school:$3,827 county:$3,827 city:$3,827 other:$3,827 school:$3,827 Sales History Sale Date Sale Price Book/Page Deed V/I Quality (Codes) RCode 11/10/2016 $100 782/1106 QC V U 11 10/10/2012 $100 723/0224 QC V U 11 7/26/2005 $0 571/1786 WD V U 03 12/14/2001 $0 466/1968 WD V U 03 12/3/2001 $1,000 466/0118 WD V U 03 9/2/1972 $0 141/0619 WD V Q 9/1/1972 $0 141/0617 WD V Q Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Bit 1 Base SF Actual SF Bldg Value http://ap2.okeechobeepa.com/gis/recordSearch_3_Details/ 12/15/2016 Prepared by and return to: Patricia A. Ragon Clear Title & Legal Services 202 NW 5th Street Okeechobee, FL 34972 863 - 824 -6776 [Space Above This Line For Recording Data) Quit Claim Deed 1111111111111111111111 IJIII 1111111111111 FILE NUM 2016010409 OR E K 782 PG 1106 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 11/15/2016 03:57:29 P11 AM $10.00 RE(:ORDIN6 FEES $13.50 DEED DOC $0,70 RECORDED BY 11 P i non Pas 1106 - 1107; (2 ass) This Quit Claim Deed made this Hlth _day_,ofNovember 2016 between Stephen A. Moore whose post office address is 694 SE Degan Drive, Port Saint Lucie, FL 34983, grantor, and Total =Roadside- Service - Center;: =LLC, A Florida Limited Liability Company whose post office address is P.O. Box 147, Okeechobee, FL 34973, 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: , Lot= 20= andzthe= Ea §t= 172'brtii -'1S BCo cs93; NORTHWES.T-_ADDITION TO OKEECHOBEE, FLORIDA, according to the Plat thereof, recorded in Plat 1, Page 25, Public Records of Okeechobee County, Florida. Parcel Identification Numberc3 16x37= 35-0160=00130=;019b: ;-' Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead. This is vacant land. 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. Signed, sealed and delivered in our presence: Witness Name: Valork, ?lartin Witness Name: DoubleTimea Book782 /Page1106 CFN #2016010409 Page 1 of 2 State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this 10th day of November, 2016 by Stephen A. Moore, who LJ is personally known or [X] has produced a driver's license as identification. [Notary Seal] Notary Public Q .`.. Pr,B� VALERIE MARTIN MY COMMISSION # FF897093 EXPIRES: July 8, 2019 'P'44 I "� 83rddThru8JE4?tNcarvSen'r.?: Printed Name: Valerie Martin My Commission Expires: Quit Claim Deed - Page 2 DoubleTime® Book782 /Page1107 CFN #2016010409 Page 2 of 2 Page 1 of 2 Okeechobee County Property Appraiser W.C. Fill Sherman, CFA Parcel: r3 =15 37-35 0010= 00670 01107! 0 Owner & Property Info Owner WITTER-SCOTT .TRUSTEE _& TWITTER ; RENEE ATRUSTEE 4300 SW 53RD PLACE TRENTON, FL 326930000 Site 902 NW 7TH ST, OKEECHOBEE Description CITY OF OKEECHOBEE LOTS 11 TO 20 INC BLOCK 67 Area 1.603 AC S/T /R 15 -37 -35 Use Code * VEH SALE /R Tax District 50 (002700) * The Description above is not to be used as the Legal Description for this parcel in any legal transaction. The Use Code is a Dept. of Revenue (DOR) code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values 2015 Certified Values 2016 Certified Values Mkt Land (2) $41,792 Mkt Land (2) $41,977 Ag Land (0) $0 Ag Land (0) $0 Building (0) $0 Building (0) $0 XFOB (1) $6,311 XFOB (1) $5,469 Just $48,103 Just $47,446 Class $0 Class $0 Appraised $48,103 Appraised $47,446 Exempt $0 Exempt $0 Assessed $48,103 Assessed $47,446 FENC A county:$48,103 county:$47,446 Total city:$48,103 Total city:$47,446 Taxable other:$48,103 Taxable other:$47,446 PD (065.00) school:$48,103 school:$47,446 2016 Tax Roll Year updated: 12/8/2016 Aerial Viewer Pictometery Google Maps Sales History Sale Date Sale Price Book/Page Deed NONE V/I Quality (Codes) RCode Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Base SF Actual SF Bldg Value NONE Extra Features & Out Buildings - ( Show Codes ) Code Desc Year Blt Value Units Dims Condition (% Good) FENC A 6'C /L 3BRB 1998 $5,469.00 790.000 0 x 0 x 0 PD (065.00) Land Breakdown Land Code Desc Units Adjustments Eff Rate [ Land Value http: / /ap2. okeechobeepa .com /gis /recordSearch_3Details/ 12/15/2016 Quitclaim Deed � 33141n ) ) PREPARED KY: RORIStT J. KIII.A5. Isq. 1954 S.F. fort S1. Lucie Illvd. Port SI. Lucie. Florida 34952 WI I EN RECORDED M,% I I. TO: scoTr WITTER and RENEE A. WITTER 2990 NE 52nd Drive Okeechobee, Florida 34972 Parcel I.D. #3:45:47:35-0,010-90610,,001.0z:: 043 2 `E0158 FILI t) i.:it Gil CURD ;;Kt. ; •:::...: CO. FL. • 99 nrr p11 • - •.ISON COURT SH1•F'': I . f!-'r • SPACE ABOVE FOR RECORDER'S USE Deed made on December 1, 1999, for no consideration, SCOTT E. 1VITTER AND RENEE A. WITTER, his wife. do hereby Remise, Release and Quitclaim to SCOTT WITTER AND RENEE A. WITTER, Trustees, or their successors in trust, under the WITTER LIVING TRUST dated March 12, 1999, and any amendments thereto, with full power and authority to protect, conserve and to sell, or to lease or to encumber and otherwise manage and dispose of said real property described herein, pursuant to Section 689.071, Florida Statutes, whose address is 2990 NE 52nd Drive, Okeechobee, Florida 34972 all their interest in and to the following described real property in the County of Okeechobee, State of Florida: 9C'ii'ts`7;l4liibiigh'20 inclusive,:Block_67, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. This deed was prepared without the benefit of a title starch and the description of the property was furnished by the parties. The preparer of this deed assumes no liability whatsoever either for the accuracy of the legal description or the status of the title to the property. Signed, sealed and delivered in our presence: Witness Sigma ure Printed Name Witness lure f l f,LJw` k-1 it ec_R 1N 11 Printed ame STATE OF FLORIDA COUNTY OF OKEECHOBEE RENEE A. WITTER Documentary Stamps pald in the amount of $ . ') b Class C Intangible Tax paid in the amount of $ Sharon Robertson, Clerk of Circuit Court Ok::• .• -: Cou , . .8 BY: . h , D.C. SS Data: Ioi —/�I QQ The foregoing instrument was acknowledged before me this December 1, 1999 by SCOTT E. WITTER and RENEE A. WITTER, who are personally known to me or who have produced FL Or; ace, L ' < as identification and who did (did not) take an oath. Notary Public Name of Acknowledger E.I Sandal tla2bda MY COMMISSION I CC878868 EXPIRES: October 12,2003 and.d 11ww.sum Sx,y Carper/ ALLEY AND /OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee Mi-K-€1( I/We, ,q co - Qtn I (� R�.h P� i � iC" L■41.A) vus+) , (insert name(s) of the owner(s) name, person(s) who is signing the letter of consent) own the following property: L.6A a ').1) i ;Iti C h\ock (sit-c 7 ■411 St QKee,r -Vv F) 0,- 31 -0jy (insert the legal description of the property) Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: SE., : c� r2- (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, ��,,'e istered Agent or President/Managers Na a and at ac Sunbiz.com inf• rmation) „j �� 16i XtErA r Si ±n. ure of Property sIwner Signatu e of Property Owner Sco`f ,,der Printed Name STATE OF��— cz,,,e:.ka_:_ COUNTY OF G t H-fu. 1- knec A i d�-��e✓ Printed Name The foregoing instrument was acknowledged before me this �? -11ci_. are,t,16e-c_?_a t b (date) by S C ott (,u MJ - CA C (IQ 2 e. 10 r e,r who is personally known to me or who produced %c oi2tda l -k-w t S L as l'wa .�cp , 1- i 4 -1 7 k ,a. q_ identification and who did (did not) take oath. (Seal) ; =` °ei GERIANNE R. CRUZE ' .t= MY COMMISSION # EE 857252 EXPIRES: January 25, 2017 p,,,,,, Bonded Thor Nolan), Public Underwriters (Notary Public signa Commission No. LI S S 7 i - (Name of Notary typed, printed or stamped) All that portion of current NW 10`h Ave, which was formerly known as Pensacola Street on Plat Book 1 Page 25 that lies East of Block 13 of Northwest Addition to Okeechobee (Plat Book 1 Page 25). Bounded on the South by Seaboard Avenue and bounded on the north by Fourteenth Street as shown on Plat Book 1 Page 25. INNE R. CRUZE ISSION # EE 857252 January 25,2017 dolary PubCc Undenrrilers ct se_ ALLEY AND /OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, � A /�1 i � d k nriA /L b" (insert name(s) of the owner(s) name, person(s) who is signing the letter of consent) own the following property: LJ/ C 1 f O 26 inc_ lock ,7 CS; 992 7W 7M elhod,pe FI 34972 (insert the legal description of the property) Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: See. PJ e _ (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) � //OWL Signature of Property Owner Signature of Property Owner fvtIt0 L FrOK Printed Name Printed Name STATE OF f " (GYi(1C_ COUNTY OF Okto_eflObee.._ The foregoing instrument was acknowledged before me this (date) by L l tract r Fro /Yj who is personally known to me or who produced I- /Qr /dot ] rivp,r as identification and who did (did not) take oath. fq-th c1� . 0-f jan. ca ,,?D l 7 (Seal) _et '04, Notary Public State of Florida Patty M Bumette My Commission GG 008157 7rA tOr Expires 10/02/2020 /Q M' liu (Notary Public signature) Commission No. I o/ /o&'O PL M. Bnetk (Name of 'Notary typed, printed or stamped) Legal Description of the Right-of-Way to be Abandon d: A Joo' A (co' 2ok i 1aq Of "-)c-ti I 1 Rue CF /KIA TEASRCoI.r1 ST) 1- •11•47- aS-r OF f3LooK 3 NW I'•��y >oc� ve: f� �L -a:S S; cif�Lia��l' HE 1-3c-s1 601 OF l Doe L vc- Kt- Vic' RSCse t 04 a F �'t� C� ©`=- pu C� . Les >1o4 3lyCLC liC 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. Prepared by and return to: JOHN D. CASSELS, JR. Partner CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 863 - 763 -3131 File Number: 16 -9253 Parcel ID Number: 3- 15- 37 -35- 0010- 00670 -0010 [Space Above This Line For Recording Data] Trustees Deed 1 111111111111111111111111111 111111111111 FILE NUM 2016011441) OR BK 783 PG 1620 SHARON ROBERTSON, CLERK, OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 12/16/2016 04 :00 =31 Ph ANT $3857000.00 RECORDING FEES $10.00 DEED DOC $27695.00 RECORDED BY L Shnin Ps 1620; 41 p9) This Trustees Deed made this 15th day of December, 2016 between SCOTT WITTER and RENEE A. WITTER, a married couple, Individually and as Co-Trustees of the THE WITTER LIVING TRUST dated March 12, 1999 whose post office address is 2990 NE 52nd Drive, Okeechobee, FL 34974 , grantor, and FROM INVESTMENTS, LLC, , a Florida Limited Liability Company whose post office address is PO Box 1209, Okeechobee, FL 34973, 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 trusters) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO /100 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 grantees heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to-wit: Lots 1 through 20, Block 67, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Together with all the tenements, hereditarnents and appurtenances thereto belonging or in anywise appertaining. 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 land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. Trustee warrants that the above- referenced Trust has been in full force and effect during it's ownership of the above - referenced Property and that the Trustee has full power and authority to deal in or with this Property or any interest therein or any part thereof, protect, and to conserve, sell lease, encumber or otherwise to manage and dispose of the Property or any part of it. In Witness Whereof, grantor has her to set grantor's hand and seal the day and year first above written. Signed, sealed and :delivered in our p ence: 1 � Witness . /Tess TT TIER, Individually and as Co- Trustee of a R LIVIN TRUST dated March 12, 1999 SC• T AOF Q RENEE . WITTER, Individually and as Co- Trustee of THE WITTER LIVING TRUST dated March 12, 1999 State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this 15th day of December, 2016 by SCOTT WITTER and RENEE A. WITTER, a married couple Individually and as Co-Trustees ofTH WITTER LIVIN ,TRUST dated March 12, 1999, on behalf of the corporation. They [) are personally known to . h. ve . oduc 1' as identification. AIDA ...4111i_!LA..,, !r t7.7 ^31111/ 'Lt [Notary Seal] Book783 /Page1620 CFN #2016011440 My o'r' i .n Expires: DoubloTlme■ Page 1 of 1 , Detail by Entity Name Detail by Entity Name Florida Limited Liability Company FROM INVESTMENTS, LLC Filing Information Document Number L16000073788 FEI /EIN Number NONE Date Filed 04/12/2016 State FL Status ACTIVE Principal Address 902 NW 7TH STREET OKEECHOBEE, FL 34972 Mailing Address PO BOX 1209 OKEECHOBEE, FL 34973 Registered Agent Name & Address FROM, LINDA 902 NW 7TH STREET OKEECHOBEE, FL 34972 Authorized Person(s) Detail Name & Address Title MGR FROM, LAMAR 902 NW 7TH STREET OKEECHOBEE, FL 34972 Title MGR FROM, LINDA 902 NW 7TH STREET OKEECHOBEE, FL 34972 Annual Reports No Annual Reports Filed Document Images 04/12/2016 — Florida Limited Liability View image in PDF format Page 2 of 2 Florida Department of State, Division of Corporations http: // search. sunbiz. org / Inquiry/ CorporationSearch /SearchResultDetail ?inqui... 1/6/2017 CITY OF OKEECHOB E RIGHT -OF -WAY ABANDONME T PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the followin� Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light f P t_ 44-As ,- c) O j -5P r 4- i� C l O S ,� 863 - 467 -3721 or Q� (i U 4' i r.l -�[e (7-r- 7.7 -,— �"' 1 —'_. �(() Id '� .�-- Donna Padgett Lr C} QOt�� L �' s ' 863 - 467 -3708 17_4 f/ i Authorized Signature Typed Name & Title Phone No. Date Century Link 863 - 452 -3473 Tess Bentayou 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 Estate Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date Id CenturyLink- LETTER OF NO OBJECTION November 30, 2016 Mr. Jeremy LaRue Total Roadside Service Center P.O. Box 147 Okeechobee, Fl 34973 -0147 By Electronic Mail: totalroadsideservice @hotmail.com SUBJECT: PROPOSED VACATE OF PORTION OF NW 10TH AVENUE BOUNDED BY NW 7TH COURT ON THE SOUTH AND BOUNDED BY THE SALRY RAILROAD RIGHT OF WAY ON THE NORTH; SECTION 16, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. Dear Mr. LaRue: Please be advised that Embarq Florida, Inc. D/B/A CenturyLink ( "CenturyLink ") has no objection to the proposed vacation_and abandonment_of_that_port on of NW 10th Avenue ly ng..in Section 16, Township 37 South, Range 35 East, and being bounded on the south by NW 7th Court and bounded on the north by the SALRY Railroad Right of Way. The subject right of way lies adjacent east of Okeechobee Tax Parcel Identification Numbers 3-16-37-35- 0160 - 00130- 0010 and 3- 16- 37 -35- 0160 - 00130 -0190 and is more particularly shown on the attached sketches. Should there be any questions or concerns, please contact me at 407 - 814 -5318 or by email at Victoria.bucher@centurylink.com. centurylink.com. Sincerely, EMBARQ FLORIDA, INC., D /B /A/ CENTURYLINK Sue, 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 @centurylink. www.centurylink.com 1:41 LLCAL .IJOITTO/ 4CJ•i-4.7Perf CCCHOBet. .411 24.0 ..3at..Y 04• 33* Z f.;•31.......,T.1:34.f.?.J,Skt.:2";;;••••3:..• 33. jar..r3 !4•:::-.74.....r;31..;af•-•:.„.• V./a • x fa •••••••/ ay, ..a.••••• r••••• /...• • r's /7.s.r. •••;•• .,3** 17.Z z • ADDITION • • 1 iI • • .• • 11. 1 Jel,are'ear.v ;I; .1.• sts •37..3"1-e, • tf Jrazer 1 7 r. • if Al • 41,4 e• 3.24 :1 -s/r-rre.vrn, 11 11! If N /fere! Pere. _ " • tee Nue 7 ▪ If • 3 ateerr • • • a. oovorraa'ree 11111111111111 • 17 • [ 11111111111 a VGA:at EMI= 111211E- 11111111111EN •1111111111111▪ 'L VetazIe NEM rea•at. era 41c. •33. MON -Ira, es- " -A:s133 MEM TP,T, a•as-s-/- " 11 .F .4 Vete f 2, fill 11 1,7. ociarr 1. 11 0 I .1.1 4 rater / Jr/I (3' S • 11 rrdPIPL — 1111151111M 11111111111111 fl • L 01,f X 1 21U7N ff,O,areCliObtel 21.4 , .2*'.. 3, 1••••44•••• a04 ••••■•••••• 3).. .,-r...'. •••••;! 3-••■•• ..... •••• 1:6•S'...::31.'4'4"g:2• 3., II. J•••'•:r ••3 •oof I. s......*. •C1..1 th• .5 nay...3am. • 03,r:cto07s.Ceaa.-f • 5••■••■• 144•Gy... a 0. Cpu.•.{ O• • •fi•••• 733.'77-7.1t7'.i' fa•-• C.-na".• •••••••,aaa.'.--• "." Itaa. •.31.•-•3. 1.44 13. .13 • • • : a 173. as' Portion of NW 10th Ave Proposed to be Vacated • . 4 ss •1•• •af at...at! ••••...0.0,... of • • a. • l• •••••• •••• Mal *2. 4.1 • laa• •••• auf 1.5a5 • Loyl••••• 3••••••••• • %,••;•• 4•131.• • no. not. C.o••••• ••• 0•••• Eat... ay....irk.. .3-'4.4. ••••.-.3 2.1.0* f•nl. •••,40 st‘.T.r..3•"....1 •-31..aft■ 02 ...NM ma., .01a. L. 01‘....,4•< 33.{ arfaaa.. ,,••r 4v nr.et •JC:ai 4104 t .•• ( •• f• a'• j" • NORTH WEST ADDITION TO OKEECHOBEE. FLA. 3003S3I11.375-RANGC ast. — ... 1•••13C. .292s •.3.3•••3[••33. 3•.33a333. OftGLCI,ISCL.•01. • — A-.4.44.11..uh&44.3MWassa.4. 04.444,:t4=41.4.,303. •atitt4fe4A7443.itt Area of NW 10th Ave Proposed to be Vacated 7z. 0 0.01 0.02 0.03 0.04 0.05 0.06 0.07 0.08 0.08 0.1 mi Okeechobee County Property Appraiser W.C. Bill Sherman. CFA I Okeechobee. Florida j 863-763-4422 PARCEL: 1 Owner. Site: Sales Info NONE 2016 Certified Values Mkt Lnd Appraised Ag Lnd Exempt Bldg Assessed XFOB Total Just Taxable Class NOTES: This information.updated: 10/27/2015, was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose of property assessment. This information should not be retied upon by anyone as a detennination of the ownership of property or market value. No wananties, expressed or implied. are provided for the accuracy of Crw. data herein. ifs use, cr its interpretation. Although it is periodically updated, this information may no reflect the data currently - on file in the Property Appraiser's office. GrizzlyLogc.com CITY OF OICEECHOBIEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their confluents. 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 . i . r I ti ti it r►tA+2ked $t fluid! in f.edgrtort 863 - 452 -3473 863- 763 -2824 Tess Bentayou 107 NW 7th Avenue 1 ss.bentayo(aicenturylinkcam Authorized Signature Typed Name & Tide Phone No. Date ComcastCable r . i . r I ti ti it r►tA+2ked $t fluid! in f.edgrtort f. r.,dn OP 863- 763 -2824 10/201262-41 107 NW 7th Avenue S/ A Authorized/5igryiyi`ur rr t�ai+I J1o0.105. cx C.An54tocAzy, . Typed Name &Title 772. 321 -3yzr Phone No. Date Okeechobee Utility Authority John Hayford 863 - 763 -9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Date Gil Culbreth, Co- Trustee 863- 763 -3154 Authorized Signature Typed Name & Title Phone No. Date ...M.‘" •••-• • . - • - • ,41 0 0.01 0.02 0.03 0.04 0.05 0.00 0.00 0.1 mi Okeechobee County Property Appraiser • WC BaSherman. CFA i Okeechobee. Manes I 663-763-4422 PARCEL: 1 Owner: Site: Sales NONE 'Info 2016 Certified Values Mkt Ind Appraised Ag Lad Exempt Bldg Assessed XFOB Total Just Taxable Class NOTES: h.T.,irttnntiZM:...r.C.Oted: 112016 Was In0.1 ga:a voar._.t gas =mpsee. C4,creci,ccal Csiwri z?ooqsly Ar4rade,CtZte fc!*1-e tp..^Nrrre.19.40 awposa of OroP=',IY aSZe4S:P.4q, Th..; i10,1,..36en 61101gt •fsci't anyce*. as a deleirrmalion ct•r,.z a:vws.t•spts` ••••;•.c:r4 sw-Naaantit; .!rpte$ SO/ 1, impfltd, t: a‘so-ra4 e Irv! .1:Va “St *11:12fi:0!;un •.S 'ggiaLid. Z..13 g•for,4,:e.r. f”-V. reu'd troe by: on :lie:, :to PreOtair:loorowees otf:ce. OrIzzlyLooic.com CITY OF OKEECHOB E RIGHT-OF-WAY ABANDONME T PETITION Utility Companies Authoriz *tion Form INSTRUCTIONS: Deliver the petition and this form to the followin 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 863 -452 -3473 Tess Bentayou 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 Af„,444.«,.,71 o/C kVA/ /o' /Arc-4ve ,-74/ �As.-•cy 4 John Hayford WA/ 7: Gk,-74 n,., N4", d= r <c/ d.".`z 4 w./1 1,w,c,.._ 863 - 763 -9460 A,) : QG/.9 «f M T .G- OA' t ST, ns /,‘ .4" t4 K c A, ,r_ 100 SW 5th Avenue /4 ,t/h/ /p 0 ..1 (Co / ,,,,,/e)/1 uthorized Sign e "Zen j //.ty/ (eiP ee •. 7 / VG- &p c Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS /y /4 /i Date Hamrick Estate Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date 1 —i— -7 - -1- - 1 7 I —1 1 I I I P i 9 1\3 7 1 6 1 4 1 1 2 1 I 1 i I 1 I 1 1 I I i I 1 J Scale In Feet 1 J i 1 1 1 1 110 9 9 1 8 1 7 1 6 7 6 100' R \W FOR RAILROAD NW 8TH STREET 1 L211 I I f 1 110 1 9 8 7 1 6 1 5 1 1 3 2 1 G 1 1 I 1' I 1 I 1 1 I I 4 .3 1 I I 1 1 I I I I I 1131 1 -I- - -1-- - -1-- f 414 r 1 — — � — T I T i 1 l 11 1 1 1 I I I I 20 t 12 1 1.3 1 14 1 15 1; 6 1 1 J 1 1 8 1 119 1 20 1 1 2 13 i �- 1 �� 1 6 1 7 I "i '� I 1 :� 1 11 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i_ 1 __I 1 I J T193 I NW 7TH COURT 8" PVC AT 0.48% O \ T199 NW 9TH STREET - --7- -F--- i- ---T - -� r -- r -1 - --T- T— 1 —r 1 i I 1 1 I 1 i l i 1 1 1 1 1 1 I 13 112 1 11 110 1 9 1 8 1 7 1 6 1 5 1 4 1 3 1 2 1 1 I 1 I I 1 1 1 1 1 1 1 I 1 431 1 1 1 1 1 4 1 19 O i T- T6T- T-T1 Tt 1 227 -- —T—T- __ i T197 i ��100 L.F. STEEL CASING 1 1 1 1 I— — I 100' R \W FOR RAILROAD 8" qC AT 0.40% I T194 • 8" PVC AT 0.38% —1 -- I 1 r- 1 f r I - -T r--1 FT- F 1 r 1 1 l Q i • I • I I I 1 1 1 1 I 9 I I ! 1 1 1 I I 1 1 11 10 1 9 1 8 1 17 1 6 1 5 1 4 1 1 2 1 I 1 8 1 7 1 6 5 1 ,, 1 4 ,1 3 1 2 1 1 I ( 1 1 1 1 1 61 I 1 I I I 1 1 I I I l I 1 1 1 I 1 I I i I I I I I I I I I 1 11 i 12 J 14 15 IC 1 ?; 18 1: 20 11 - 13 114 1 15 1 16 117 18 19 21 I I 1 1 I 1 I 1 1 1 I 1 1 1 1 1 1 1 1 I L _ 1 1' '1( 1 -J _1 I_ I 1 l 1 1 1 1 NW 7TH STREET 1 12" PVC AT T189 12" PVC AT 0.21% 12" PVC 'T 0.20% T 1 i i 1 r ) 1 I 1 1 1 I 1 I I I I 1 1 1 1 1 1 9 1 8 1 7 1 6 1 5 1 1 2 I 1 1 ! 1 1 I { 1 1 1 t1 gl T190 1 17 1 1 1 1 i 1 1 1 1 I 1 1 I I I 1 1 1 1 1 1 1 I 10 1 b 1 8 1 7 1 C 1 5 1 4 1 3 1 2 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 11 11 71 1 1 -- -i 1....L _ _1_- — _L _.L _L — -1.... - -.1 _ . _ ..L- — — 15 6711 95 - - - - --1 1---- 1— -- i 16 1 1 6 I17 I 1 7 H H — — — -- — -I 18 1 1 8 -I 1-- -1 -- - - - - -- 19 I 1 9 - - -- { } – - — - -I 20 1 1 10 L____ NW 9TH DRIVE NW 9TH 6 L- 10 ,_______I i_ -- - - - - -i 1- - - 1 1 1I 12 1 2 13 1 1 1 LA 1- — 1 L — -- — — — ' D — — id 14 i I nr - - -1 aI f - -- --- - -._ -� H 1 =t_ , :1 1 ~ H — —1 [— 1 F zF - - 16 1 I J 1— — — '- - -- —H H I17 1 1 7 i- -- — --{ H--- 18 1 1 8 1 19 { 1 1 I- — - -- -- -- - - - 20 1 1 1' I I-- NW 7TH STREET T191 12" PVC I 1 r- 1--- r -1 —1- 1- -- -i - 1 1 I { 1 1 1 1 I 1 i I 1 1 1 1 1 I i V I 1 13 1 12 1 11 110 1 9 I 8 1 i I 6 1 5 1 4 1 3 1 2 1 1 1 1 1 1 1 1 1 1 1 I 1 1 L I __ _L — L— .i-__L._.-i�� 1- -__L__- .__._L__L. —! - - -- — 7- - __r_ — 7- — -r - T --- -T- --- - -- -r - -- ;- . "r .- r -1- --.- -r- ---- i 1 1 1 1 1 1 1 1 1 1 I. 1 1 1 1 1 1 1 1 1 1 I I ' 1 .17 1' 19 1 1 1 2'7 1 2.3 1 24 1 2� 1 26 11 11 <i11�,1161.1: I i�I 1 2�, - I t;'1 i l I I I I i 1 v 2 -4 1 CLEA�10 b TS I 1 I 1 I I 1 I ' i I _L J _ .L__— J - �_ .L—_ T187 - ---s - L L _J.— +-- 1 T T T " T - -1- -r- -1- °- -r -- -r -r T .-- .T — 1 1 1 I 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 (T.. 1 1 1 1 1 1 1 1 1 1 1 1 1 cb 1 I I i I 1 7 1 ,, .� 1 I -�/, 11 1 112 I 1,, 1 14 1 115 I 16 1 17 1 llz~ { 19 1 ?f 1 1 1 12 1 13 1 14 1 1 1 1r} 1! r 1 1 1 1 -, 1 i 1 1 1 i 1 1 1 1 1 1 1 1 't I I I I 1 I 1 I I I , ►. I I 1 1 1 1 1 1 1 1 1 1 I 1 1 t 1 11 —L 1� 1 1 +1, 1_ r 231 1 1 1 I I 1 L- 1 - -1 . L _L__ _ ____ L 12" PVC AT 0.21% DRAWING NUMBER L22 11/28/2016 Okeechobee County Property Appraiser - Map Printed on 11/28/2016 10:58:14 AM Okeechobee t�nty Property A s6: ;PARCEL: - Name: Site: Mail: Sales Info LandVal BldgVal ApprVai J u stVa l Assd Exmpt Taxable 1._.... Si 1 &2 273 ft. This information, updated: 11/17/2016, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the govemmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraisers office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.com/G1S/Print M ap. asp ?pj boii bchhj bniigcafcefocnfkfdfefdbblejngbckci cnkcfaomkllgm m ni dogogm haacnibi hajbecionnkj knfnboj Idibddih... 1/1 o LLCM, qESC PTION No/frry WEJT A notno. omggcHaBeE, potro, W* pri.t( z tiL-,r„4,7,7.,.. .1."44144:ekktf..1,4-145,`"i741:17/.Z.'-'4' .•••7■4... rare to Oa ao. :ro"O'4'4. • Z 0 0 4- 0 0 IL.• L77) rer ETITT:- -5, 1' 11 JO f- /OAS ref f /717. MOM 1111111 MIRE 11181111111111 s rater MINN 111111111111 .1 Cveivre,N ..1,Feer MGM a a 7 k " r R.■e, A, n,g.,...Ron• L L L L 11110111111 HMO En MI MEM ME 1 1111111111111 MEE 12 ar" Kota.. .n.t. nan ”Ir+ ;4147 344 0.C.ran.:..+1".0: no." oz .;,4I.4. nod Jean In.. , .4p44 .4p IR Ha Oraotool von nn.,Un p.Ann, ffa oat an.e, nito, FInninn. rtera,,,,,.. u.34, aox:es...., O14 ocniona. 44. rton:O, ro.,■ona 4.reen. ohcoac• "Aar+, 4,rron " ""4,"- . ,VrtmOnn V.7•70700. 144.. onaert ''."41.1:441;t."4 ' la. Nd 41,0 yoga.. oR 57nno FLocton. 62. 0.nnec.oe.SP- r2cOoro oo. .4., "d"4"..61',17,"'". Cilo Lend conowz,tzz:. 4.....4, coranaaC.','for 'rkc nnrf.r.nn arc". i;r11;1%.',11.7.',4: 07.1 .5.67C or O.n.o., 144exne, 44,4 44. lateen 1, inn orni con-co4 ranomcnio+Ino or -.R...., oo, 44.4 4 1, ,,..'-..4, +. .s+ ono • :+arna" Glor■sto CorlirRooko Te'o o n I Feiner oo 'soy od..4.4.+cr . • 4.... ..... "cpreaon+. .*3'...,.'.4., rod corla or. la"o -oo' ,acni 7...k4.4t.',d .e.""4" • '14.5 1". ■-+ `.• • NORTH WEST ADDITION TO OKEECHOBEE. FLA.' r-15(? INA? ,Isas f.C.L.Ani PENCE. (34.42 1421 OR,I.CnOIBLE.FLO. i i OKEECD -OBEIE COUNTY PROPERTY AP 33!A10 S.- BISBnl ec 0 L ___•i SCALE: 1 • = 30' & TOPOGRAPHIC SURVEY PREPARED FOR TOTAL ROADSIDE SERVICE D 7S 7' THROUGH li•r• 777 18 • • . EE C ••• • )• -• •• • EE •,,=EE • N/ 9'-• TH 7• ST //C1r .•T /� OF ()LF Lk\ 7) UNLESS SNOW 01HEMNSE, ALL DIMENSIONS ARE CALCULATED(C) AND MEASVRED(41). 2) THE ELEVATIONS SHORN HEREON ARE BASED ON 174E NORTH AMERICAN VERTICAL DATUM OF 1988 (NAND 88). 3) PARCEL /D: 3- 16 -37 -35 -0160- 00130 -0010. 4) F.T.R.M. ZONE :t'; MAP NO 7209JC0415C DATED 07/16/15 5) BEARING REFERENCE THE NO47H RICHT -Of WAY LINE Or NW 7774 COURT IS TAKEN TO BEAR NORM 8953'25" HEST. 6) 7115 DESCRIPTION SHORN HEREON WAS FRONDED BY THE CLIENT OR 174E CLIENT'S REPRESENTATIVE 7) 711/5 SURVEY IS NOT INTENDED TO DEPICT xJRISOICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 8) SURVEYOR WAS NOT FRONDED HUH ANY 17715 INFORMA170N FOR THIS PARCEL SURVEYOR ASSUMES NO RESPONSIBILITY OR UABIUTY FOP 711£ ACCURACY Or EASEMENT DIMENSIONS SHORN HEREON, THERE MAY BE 077/ER £ASEMEN7S OR RESTRICTIONS THAT EFFECT 77115 PARCEL 9) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL UABIUTY INSURANCE. A00/77ONS OR DELETIONS 70 SURVEY MAPS 0R 68802TS BY OTHER THAN 771E SIGNING PARTY OR PAR77ES IS PRO IB17E0 H77HCUT 1412177EN CONSENT OF 7115 STONING PARTY OR PARTIES 10) DATE OF LAST FIELD SURVEY 08/31/16. =i=.Q= ;firi=3=irg===i—iemsj ===. i=•CIS' __ =_ au rO UT H STw EETIaI �� RTEEN _ ____ ----- _—_ -- -- - it _ � I % q 9 59'5]'25' Ott) ) w.0..... ems 5n7.1aNc) 5o6.01 • 9 9 NOT INCLUDED yj y 9 COLOCK 1, tom61 ; ' I'TO QA98 ACTIS ur (VVACANTI4,_ a �c h „;,) b -' K -- f e,cG '37'3 �c= 3sfi2�' 14 15 16 ulun Cnr • 5.I2. y 2 5 D9'S]ZS W 425.2]' �• Yy 1GEAwING nA4E1 i� y I li TRADEWINDS SURVEYING SERVICES, LLC. 200 3.1(. 3rd Avenue Okeechobee. FL 34974 Tot: (88.7) 783 -2887 Faoo (983) 783 -4342 Email: Icab.t.pxOyahoo.co m Kenneth A. Breaux. Jr. (BSS( 4820) (B 110. 8097 • y HATCH LINEL ) - - -- —__—_ I—__—__—__—__—__—__—__—__—_ _— __— __— __— __— __— __— __— __ —__ —__ PREPARED FOR THE EXCLUSIVE USE OF: TOTAL ROADSIDE SERVICE 1 0 f —) e II I ZI Of III ‘.0.w,,_=,4/ ,.„7,,,,,,,,,....1„...11.! rql -.2\ , IL , .,:,:‘,-,,-..., , " e, , ,... ,,,„. ql Ri.0-,>6_ k _—I__ JI_— - e I.2."--1.T.IN-TIIS-K_T ate• a...a.a {; 9 ,..- % 0..J 11 11 5,51 04x0 801E8 aorta ei an wtrC .scots la t.lea raNal of 05151••4. ,040 o0 4 dlaclh.B b4 /CMS 0..a .a aafumM by 0......P• L 04 .•...r dgbl54 Ian Is vspo,.t ..dam) f0. Me.4 pa0n ne1.4. 3. No n84 .bmy 0. .0.811 b cs..•_ by IN ....p• 4 v0.. by art., 4, x444 .cdlr 0. 9442 A 0 a . .4. 5.5... .. e-e ..4...54 ..d d 1lalne n «.4 ....p one .•..w. 7bxi 5 n.. a. 1 .i0.. obo+ 9°^• .noeed....la ,cpt as Mew 6 xe ell..Ol acs ...44 le 405/8 crane csal F•p•essta to N/0. ^uearlaH'U Ol a.)) e. pot e1 MY sun, ). Ib A=AY .0. 94.80.54 5 asabbnea .OH ,&$bs.. 1•4.081 .bn4>ds u140a4.54 by V.. 510,141 goat et S.n.ps 0..4 tk.0.. (O..I. 81017 -6, rAC) po...KAI 14 5c8.. 47205. 14!00 5/.11/.5 6EEp0 0-5.4 7o.,4 Van Rao (mddC.p)AB L5 7404 7.9• 4 6.®4Ew.nan =. u'22 raw was no-raa yam sac satr-a• •••11.17 calt 6.0.01 n.0. AAA-Aar r~......e • •-�:.•°"i ` , 0-40, .. al.. N� OCC444 x54 601./NDAR7 & TOPO SURVEY REVISED BOUNDARY SURVEY REVISE (A00 ADDITIONAL 0080) scat 1• IN• p. a. 1 or 1 cam as 90/10: 44 Cr 04/04/16 315/40 -42 RC 03,8 06/03/16 71.E `AC KA8 09/01/16 310/64 VC KA8 c•4a.t 080.844 30135 Staff Report Street Closing Prepared for: The City of Okeechobee Applicant: Total Roadside Service Center Petition No.: 17- 001 -SC L,11'• _,11? ?jPlanning tC Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Avers, Florida 339.334 -3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Total Roadside Service Center Closing of a 200' by 60' portion of NW 10th Avenue Des,cripton a f the Subject Site and Surrounding Area The subject of the abandonment is right -of -way of unimproved NW 10th Avenue. The Applicant owns the property to the immediate west of the north half of the proposed abandonment. The land bordering the west side of the south half of the proposed abandonment is vacant and receives access from NW 7th Court. The property to the east is Witter Harvesting, an industrial use, which gains access from NW 7th Street to the south and that portion of NW 10th Avenue just north of NW 7th Street. Neither of these properties rely upon access from the right -of -way proposed to be abandoned. The following aerial photograph depicts the right -of -way proposed to be abandoned and the surrounding areas. - Witte; .1; vest .mcu,,1 Gate -c.,iu 'su La +h Serving Florida Local Governments Store 1988 3 Staff Report Applicant's Name: Total Roadside Service Center Closing of a 200' by 60' portion of NW 10th Avenue 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 Print. REQUIREMENT STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. "This is consistent due to no future roadway is anticipated due to off site ditch and railway." There is nottiing in the City's Compre/iensive Plan concerning abana'onn gent /vacation of streets TAe property to tAe west of tAe norttiern Aa /f of tAe proposed abandonment is owned by tAe Applicant and /s designated Industrial on tAe Future Land Use and zoning Maps and was tAe subject of recent approvals of a Small Scale Amendment (SSA) and /or Rezoning to /na'ustrial in May and June 01.2016. 2. Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement. "This is not a sole access to any other property. The ditch will remain and accessible by the City. Property is accessible by NW 7th Ct. or 10th Ave." TAe alley is not the sole means of access to any property. Ottierproperties bordering the proposed abandonment gain access via NW 7th CT, or NW 76. Street and NW 106. Avenue Bout/ of tAe proposed abandonment. 3. Proposed vacation is in the public interest and provides a benefit to the City. "The benefit to the City is to provide another business to the community with jobs and taxes on the parcel." We agree witti tie Applicant's assessment of the public benefits associated with abandonment/ vacation of tAe subject alley. TAe abandonment will reduce tAe amount of /and tAe City is required to maintain wti //e adding tAe /and to t/ie tax rolls 4. Proposed vacation would not jeopardize the location of any utility. "No utilities are within the right a way. We agree. The App /icant G+as submitted a Letter of No Objection from CenturyLink and signed Utility Company AutAorizations from FPL, Comcast, and OUA; but, OUA noted that it will "require an easement for existing infrastructure in A/W 10th Av. (60' wide)" Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name: Total Roadside Service Center Closing of a 200' by 60' portion of NW 10th Avenue Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested street right -of -way abandonment is consistent with the require- ments of Sec. 78 -33. Submitted by: 75, Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management January 11, 2017 TRC Meeting: January 19, 2017 PB /BOA Meeting: February 16, 2017 City Council 1st Reading: March 21, 2017 City Council 2nd Reading and Public Hearing: April 4, 2017 Serving Florida Local Governments Since 1988 5 I. CALL TO ORDER — Chairperson. MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, JANUARY 19, 2017, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 The January 19, 2017, 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 Jeffery Newell — Present Fire Chief Herb Smith — Present Police Chief Robert Peterson - Present Public Works Director David Allen - Present Non - Voting Ex- Officio Members: City Attorney John R. Cook — Present 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 October 20, 2016, seconded by Public Works Director Allen. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Petition No. 17- 001 -SC, a 200 by 60 -foot portion of Northwest 10th Avenue between Northwest 7th Court and 8th Street - Senior Planner. Before discussions began, Administrator Montes De Oca disclosed for the record due to a conflict that would inure a special private gain, he would abstain from discussion and voting on this item. The applicant, Mr. Jeremy LaRue, is a client of MDO Engineering, owned and operated by Mr. Montes De Oca. Planning Staff Report: Planner Brisson explained Mr. LaRue is requesting to abandon 60 feet of the 70 -foot wide unimproved right -of -way of Northwest 10th Avenue from the south boundary line of TRC - January 19, 2017 - Page 1 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Application No. 17- 001 -SC continued. 8th Street to Northwest 7th Court for a distance of 200 feet not including the intersection of 7th Court and 10th Avenue. The applicant owns Lots 1 to 6 and 15 to 20 of Block 13, NORTHWEST ADDITION, located immediately west of the subject property. Planning Staffs responses to the required findings are the property is designated Industrial on the Future Land Use Map and the Zoning Map. It is not the sole access to any property. Other properties bordering the proposed abandonment gain access by Northwest 7th Court, 7th Street, or 10th Avenue. The public benefits associated with the abandonment are, the existing right -of -way is currently unused and has 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. A utility easement is necessary for the Okeechobee Utility Authority (OUA) for existing infrastructure with 24 hour, seven days a week access. Based on these findings, Planning Staff is recommending approval. Mr. LaRue was present and added he paved the portion of Northwest 10th Avenue from Northwest 7th Street to 7th Court as required when developing his property. A stop sign was installed by the Public Work's Department. A fence was constructed around his property as well as the portion of Northwest 10th Avenue across the actual right -of -way. He will provide a combination lock to the City and OUA. Additionally, he has made a request for a street Tight to be installed at the corner of Northwest 7th Court and 7th Street for safety purposes. County Environmental Health Department: No issues were received. OUA: In the absence of Director Hayford, Secretary Burnette read into the record the OUA's comments provided on the petition. If the applicant is willing to give to the OUA an easement with 24 hour, seven days a week access, then the OUA is agreeable to the abandonment. The applicant and an OUA representative have met to "field locate" the OUA's line. Public Works: Director Alien commented that the City would require an easement to maintain the drainage ditch along the east side of the unabandoned portion of Northwest 10th Avenue. Police Department: No issues were received. Building Official: No issues were received. 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 and disclosed he had more than one conversation with the applicant regarding the project. There were no other disclosures. Motion and second offered by Building Official Newell and Fire Chief Smith to recommend approval to the City Council for Abandonment of Right -of -Way Petition No. 17- 001 -SC, to abandon a 200 by 60 -foot portion of Northwest 10th Avenue between Northwest 7th Court and 8th Street. Discussion ensued. TRC - January 19, 2017 - Page 2 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Application No. 17- 001 -SC continued. Building Official Newell offered to amend the motion on the floor to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 17- 001 -SC, to abandon a 200 by 60 -foot portion of Northwest 10th Avenue between Northwest 7th Court and 8th Street, with the following conditions: OUA easement granted and to consider the request for the placement of a street light being installed at the corner of Northwest 7th Court and 10th Avenue. Fire Chief Smith seconded the amended motion. Discussion continued regarding the street light. However, it was decided this would be handled by the Public Works Department and should not be made a condition of the petition. Motion and second were withdrawn. Motion and second offered by Public Works Director Allen and Police Chief Peterson to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 17- 001 -SC, to abandon a 200 by 60 -foot portion of Northwest 10th Avenue between Northwest 7th Court and 8th Street, with the following conditions: OUA and City easements granted. Motion carried, with four yea's and Administrator Montes De Oca abstaining from voting. Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers was filed on January 19, 2017 and made part of the minute file. The Petition is scheduled to be reviewed by the Planning Board on February 16, 2017. 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 - January 19, 2017 - Page 3 of 3 City of Okeechobee General Services Dep 55 S.E. 3`d Avenue, Rc Exhibit 3 Okeechobee, Florida ..,. -� ....,,� Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 1- 3-17 Petition No. 17- OUc* V Fee Paid: -^347 Jurisdiction: o Hearing:-.2_16)47 2 "d Hearing: N 9 °� -���~� g t Publication Dates: p p, 2�1 t zj� Notices Mailed: A -1 -17 ;Y Rezone, Special Exception and: Variance APPLICANT-INFORMATION 1 Name of property owner(s): Family Heritage Holdings, LLC 2 Owner mailing address: c/o Buxton and Bass Funeral Home, 400 N. Parrott Ave. Okeechobee 34972 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E -mail address: tom @yatesfuneralhome.com 5 Name of contact person (state relationship): Steven L. Dobbs - Consultant 6 7 Contact person daytime phone(s): 863- 824 -7644 PROPERTY-INFORMATION Property address /directions to property: 205 NE 2nd Street, Okeechobee, FL 34972 8 Describe current use of property: Former Bass Okeechobee Funeral Home & Crematory Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. Main Facility Approx. 5,000 sq. ft., Metal Garage Building Approx. 2,000 sq. ft. Source of potable water: OUA Method of sewage disposal: Septic 10 Approx. acreage: 1.033 Is property in a platted subdivision? Yes, CITY OF OKEECHOBEE 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: None to our knowledge 12 Is a pending sale of the property subject to this application being granted? Yes 13 Describe uses on adjoining property to the North: North: Medical Offices East: Commercial South: Commercial West: Commercial 14 Existing zoning: Heavy Commercial Future Land Use classification: Commercial 16 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? ( )No ( X )Yes. If yes rovide date, petition number and nature of approval. *03 #03- oo9 -RCora 16 Request is for: ( ) Rezone ( ) Special Exception ( X) Variance 17 Parcel Identification Number: 3- 15- 37 -35- 0010 - 01420 -0070 ►/ (Rev 09/14) Page 1of11 f Dr bvided 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. Signa ire i For questions relatii (Rev 09/14) Printed Name Date //62/i7 this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 Page 2 of 11 REQUIRED ATTACHMENTS _ 18 Applicant's statement ofinterest in property: ) ;' 0I Con '6)�t1� 'J6�' "_` � I''4 _,� t I 11 _..._.. 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $ 00 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: 11/20/2003 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. Signa ire i For questions relatii (Rev 09/14) Printed Name Date //62/i7 this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 Page 2 of 11 v ;1,L EY Family Heritage Holdings, LLC City of Okeechobee Variance Request Exhibit of Minimum Setback Requirements 15!-c. 14 1? -7200 Pc 1 i. b 7 Q 0 i!. t,/ Q g l SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO NE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I FURTHER CERTIFY NAT THIS SURVEY COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G -17 -6 BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN 0 ATE: el. -1 g BY. . PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION ¢6427 FRED W. REPASS P.S.M. LEGEND: A -FOUND CONCRETE MONUMENT • - FOUND IRON ROD O -SET IRON ROD c. - CENTER UNE FFE FINISH FLOOR ELEVAATION PSM -PROFESSIONAL AMAPPER R/W -RIGHT-OF-WAY PC -POINT OF CURVE D -DELTA ANGLE A -ARC LENGTH }a. - TYPICAL ELEVATION VA1 -4. Y GL ! HELD WORK COMPLETED: - 5 -0 I) LOCATION MAP 1 ST 3T v" •• 97i.:a � SST i 7AANrPO TAT1Ol Is„ ' 15 I sq, •i 5T 1 fir' p!;RL'+t�s 1' ]ts ! s11 IJ'.,�_� Is STS VIE 1513 E 5T mmx.6,141,7 1 a , a1 ▪ 3s f1 111 rum' a■ ' 4114 ti T R SE st 5 S CT horn �PON UL ak rc 1.1711-6117i— LEGAL DESCRIPTION: 11--)75(--.00k- ► ) 6T -© \." \4.".6015, ) ? IN o SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE WENT. 4, BEARINGS SHOWN HERE ARE BASED ON THE CENTERLINE Ni ZJ'4i>' 5.. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION SPRINKLER SYSTEMS. SHRUBS OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HERON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL UABIUTf INSURANCE. CERTIFIED TO: a IL's 1-"I V4.1 T OVIDE Bov . -S G NA ZI✓ , I`I4`f I a NLL— 15re,,t44 ; T �".4 g FRED W. REPASS SURVEYOR & MAPPER 2780 FAIRMONT STREET STUART. EL 34995 (772)878 -7568 (office & fax) BOUNDARY SURVEY PREPARSWIE RDER OFT: _ CAV.Zii\to% '� D S ' C 74 FILE ,q Nol SCALE: 1 " = 4-o DRAWN BY: Family Heritage Holdings, LLC (Description of requested land use change and reason for request) Family Heritage Holdings, LLC currently owns approximately 1.033 acres located in Section 15, Township 37S, and Range 35E. The property's parcel IDs are 3- 15- 37 -35- 0010- 01420 -0070. It is currently located in the City of Okeechobee with a current zoning of Heavy Commercial and a FLU of Commercial. There are two existing buildings onsite totaling 7,915 sf on the 44,997 sf lot for a coverage of 17.5% There is currently a contract for purchase of this parcel by the Elks Club. While a Private Club is allowed in this zoning district, there are additional requirements in 90 -698 — Private Club, nightclub, and bar requirements that will require a variance for this parcel to allow this sale to go through. If this purchase is successful, the building will require a variance as the Heavy Commercial setbacks are 20' front setback, 8' side setbacks or 20' abutting residential zoning, and 10' rear setback or 20' abutting residential zoning. The setbacks for Private Clubs, nightclubs, and bars are 40' in the front, 25' on the sides or 50 feet abutting residential zoning district and 25' rear setbacks or 50 feet abutting residential zoning district. The other requirement concerning location is no building can be located closer than 75 feet to property line abutting a single family residential lot, while there are no single family residential lots located within 75' of the property lines. Lot 4 of block 142 has a future land use of Residential Multifamily and lots 4, 5, and 6 of block 142 have a zoning of Residential Multiple Family, however there are dentist offices on all of these lots. The existing setbacks are 16.6' from the rear for the west building and 12.3' from the rear for the east building (north property line), 20' from the side (west property line), 106' from the side (east property line), and 35' from the front (south property line). This application is for the City to grant a rear (north) variance of 33.4' for the west building and a 37.7' for the east building and a side (west) variance of 10' and a front (south) variance of 5' as the building was constructed with the setbacks as described above and meet the current use of the property, but not the proposed use. The existing access to this property is one driveway from the west, two driveways from the south, and one driveway from the east. Family Heritage Holdings, LLC requests that the Board of Adjustments and Appeals grant the requested rear variance of 33.4' for the west building and a 37.7' for the east building, 10' side (west) setback, and a 5' front (south) variance as shown on the exhibit. A ADDITIONAL INFORMATION R-EQTJIRED FOR A VARIANCE _ Describe the Variance sought: The requested variance is a setback variance from the side, rear and front setbacks as described herein. B Describe the physical characteristics of the property that make the variance necessary: There are no physical characteristics of the property that make the variance necessary only a proposed change in use from a potential sale of the property to Private Club in the Heavy Commercial Zoning District. C Did you or a previous owner of the property cause or contribute to the characteristic necessitating the variance: (X INo ( ) Ycs If yes, explain: The proposed purchaser would not be able to use the building as they need under Sec. 90 -698 as described herein. The special conditions result from the pending sale of the property and change of use, not directly as a result of the applicant. D What specifically is the minimum variance necessary and explain why a lesser variance is not adequate. The minimum variance are as follows rear (north) variance of 33.4' for the west building and a 37.7' for the east building and a side (west) variance of 10' and a front (south) variance of 5' as the building was constructed with the setbacks for heavy commercial, but not the proposed use. E Attach a site plan showing the buildings, structures and other improvements or characteristics of the site and the location of the specific variance(s) sought. Attached F Responses addressing the standards and required findings for the granting of a variance as described below Attach additional sheets as necessary. Attached STANDARDS FOR GRANTING A VARIANCE [(Sec. 70- 374(b), LDR page CD70:20) Applicants are required by Sec. 70- 374(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. L . Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site [and not merely for economic reasons or the convenience of the applicant]. 2. Specify the minimum variance required including height, lot area, size of structure, size of yard, setback, buffer or open space. [Applicant should explain wlzy the requested variance is the minimum necessary to overcome the hardship.] (Rev 09/14) Page 10 of 1 I Family Heritage Holdings, LLC Responses to Standards for Granting a Variance [(Sec.7- 374(b), LDR page CD 70:200] 1. Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site. The variance is required to overcome the requirements of the anticipated sale as described above. When the building was built, the use of this building changing could not have been anticipated. 2. Specify the minimum variance required including height, lot area, size of structure, size of yard, setback, buffer or open space. The minimum requested variance require for this change of use are 33.4' for the west building and a 37.7' for the east building, 10' side (west) setback, and a 5' front (south) variance as shown on the exhibit. FINDINGS REQUIRED FOR GRANTING A VARIANCE [Sec. 70- 374(c) , pages CD70 :,20 & 21 in the LDRs] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed variance 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. Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. 2. The special conditions and circumstances do not result from actions of the applicant. 3. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant. 4. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. 5. Granting the variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoning district. 6. Granting the variance will be compatible with the intent and purpose of the Land Development Code, and the variance will not be injurious to the neighborhood or detrimental to the public welfare. 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 VARIANCE EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (Rev 09/14) Page 11 of 11 FINDINGS REQUIRED FOR GRANTING A VARIANCE [Sec. 70- 374(c) , pages CD70:20 & 21 in the LDRs] 1. Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. As mentioned previously, the existing building was constructed and met the requirements of Heavy Commercial zoning, however a change of use would be required for the sale of the building to proceed. This is use allowed in the existing zoning district. The variance is required due to the pending sale of the property, so this request would not impact other land or structures in the same zoning district. 2. The special conditions and circumstances do not result from actions of the applicant. The applicant cannot use the building as they need under Sec. 90 -698 as described above. The special conditions result from the pending sale of the property and change of use, not directly as a result of the applicant. 3. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant. If the sale of the building and the change of use is granted, the building will not meet setback on the north, west and south side of the property under a literal interpretation of the Land Development Code. To remedy this situation would place an undue hardship on the applicant. 4. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. The requested variance is the minimum variance necessary to make possible the reasonable use of the structure. 5. Granting the variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoning district. The City of Okeechobee has traditionally reviewed these types of variances on a site specific basis. Without the requested variances, the building could not feasibly be used as a Private Club, nightclub or bar. The requested variance will allow the building to be used as intended by the pending sale as a Private Club. 6. Granting the variance will be compatible with the intent and purpose of the Land Development Code, and the variance will not be injurious to the neighborhood or detrimental to the public welfare. Granting this variance will be compatible with the Land Development Code and will not be injurious to the neighborhood as all functions of the Private Club will be completed inside the building, nor detrimental to the public welfare as again all functions required by this facility will take place inside the building. Prepared by and return to: Terence P. McCarthy, Esq. McCarthy, Summers, Bobko, Wood, Sawyer & Perry, P.A. 2400 S.E. Federal Highway Fourth Floor Stuart, FL 34994 772 - 286 -1700 File Number: 02316201 Will Call No.: Parcel Identification No. 3- 15 -37 -35 -0010- 01420 -0070 IIIIIII�IItI�IIIIIhIIi�II1 FILE NUM 402183 OR BK 00517 PG 1547 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY: FL RECORDED 11/26/2003 11:53:42 AM RECORDING FEES 10.50 DEED DOC 2,744.00 RECORDED BY M Anuez [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 20th day of November, 2003 between Robert D. Braun, Individually and as Trustee of the Robert D. Braun Declaration of Trust dated September 17, 1999, and Betty Suzanne Braun, his wife, Individually and as Trustee of the Betty Suzanne Braun Declaration of Trust dated September 17, 1999 whose post office address is 96 Champion Boulevard, Rogers, AR 72756 of the County of Benton, State of Arkansas, grantor *, and Family Heritage Holdings, LLC, a Florida limited liability company whose post office address is c/o George F. Bovie, III, 555 Colorado Plaza, Stuart, FL 34994 of the County of Martin, State of Florida, grantee *, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO /100 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 m Okeechobee County, Florida, to -wit: Lot 7, 8, 9, 10, 11 and 12, Block 142, Okeechobee, according to the plat thereof, recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Subject to taxes for 2004, and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations 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 "Grantee" are used for singular or plural, as contcxt requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimee Signej,sealed and de red in our .resence: 5 Jr F Witness or /2i .Lalib s /09- itness �' e: vief Witness Name: Witness Name: State of Florida County of Martin OR BK 00517 PG 1548 Robert D. Braun, Individually and as Trustee . . a% .�� . Individually and as Trustee Betty The foregoing instrument was acknowledged before me this 20th day of November, 2003 by Robert D. Braun, Trustee, who 11 is personally known or [X] has produced a driver's license as identification. 4JO C%974. N :ary Public [Notary Seal] '011Lyn1/h /4, /i \Q- g \\Mssio,yA ,,�'� : P et30,2oAi• . :::i ; #DD162140 t Q State of Florida (J • •:� • <% County of Martin /Vie, swat t Printed Name: My Commission Expires: The foregoing instrument was acknowledged before me this 20th clay of November, 2003 by Betty Suzanne Braun, Trustee, who L] is personally known or [X] has produced a driver's license as identification. [Notary Seal] Warranty Deed (Statutory Form) - Page 2 Not Public Printed Name: My Commission Expires: DoubleTime® 7 71!.f(ti Ilr:t t:'..t PIN_DSP 3- 15- 37 -35- 0010 - 01540 -0040 3-15-37-35-0010-01530-0120 3- 15- 37- 35.0010- 01530 -0020 3-15-37-35-0010-01200-0010 3-15-37-35-0010-01520-0040 3-15-37-35-0010-01530-0110 3- 15- 37 -35- 0010 - 01430 -0090 3- 15- 37 -35- 0010- 01530 -0010 3- 15- 37 -35- 0010 -01430 -0010 3-15-37-35-0010-01410-0040 3- 15- 37 -35- 0010 - 01430 -0110 3- 15- 37 -35- 0010 - 01530 -0030 3- 15- 37 -35- 0010- 01520 -0070 3- 15 -37 -35 -0010- 01430 -0060 3-15-37-35-0010-01530-0070 3- 15- 37 -35- 0010 - 01520 -0010 3- 15- 37 -35- 0010- 01220 -0100 3-15-37-35-0010-01420-0050 3- 1537 -35- 0010-01540.0010 3- 15- 37 -35- 0010 - 01420 -0010 3-15-37-35-0010-01430-0030 3-15-37-35-0010-01410-0010 3- 15- 37 -35- 0010 - 01410 -0020 3- 15-37- 35 -0010- 01410-0080 3-15-37-35-0010-01410-0060 3-15-37-35-0010-01210-0070 3-15-37-35-0010-01430-0070 3- 15- 37 -35- 0010 - 01530 -0100 3- 15- 37- 35.0010- 01410.0100 OWNER_NAME 114 NORTH PARROTT LLC BROTHER IN LAW ENTERPRISES INC BROWN MICHAEL G & THERESA R CHURCH OF GOD COFIELD DEANNA PAIGE CONLON DAVID M & ROSE M GRETCHEN ROBERTSON INVESTMENT HOOVER SUSANNE C HORNER WANDA KIRCHMAN OIL COMPANY KIRTON FRANCES W NEWMAN CHRISTOPHER W & GAIL M OKEECHOBEE ACQUISITIONS INC PENROD CONSTRUCTION COMPANY PMA OKEECHOBEE REALTY LLC REGIONS BANK SENIORS ""R'" ABLE INC SLOAN & RILEY HOLDINGS LLC SPIRIT CV OKEECHOBEE FL LLC TENNISWOOD JAMES R & PATRICIA THERAPY CENTER OF OKEECHOBEE I WALPOLE EDWIN E III TRUSTEE WALPOLE INC WILLIAMS HAYNES E & SUSAN WILLIAMS HAYNES E REV TRUST & WOLFORD WANDA SUE TRUSTEE GRETCHEN ROBERTSON INVESTMENT NEWMAN CHRISTOPHER W & GAIL M WALPOLE INC ADDRESS_1 5920 SENEGAL DR 221 NE PARK STREET PO BOX 120 301 NE 4TH AVE 477 SW 67TH DR 100 SW 15TH ST 309 NE 2ND ST P 0 BOX 78 211 NE4THAVE PO BOX 1625 2547 SW 9TH LN PO BOX 986 C/0 DAVID CONLON PO BOX 3166 481 SW PORT ST LUCIE BLVD 250 RIVERCHASE PKWY STE 600 PO BOX 759 202 NE 3RD ST %CVS #3237- 01 /OCC EXP DEPT 1008 SE 8TH AVE 637 SE 74TH AVE PO BOX 1177 PO BOX 1177 206 N PARROTT AVE WILLIAMS SUSAN E REV TRUST 1888 EAST RD 309 NE 2ND ST PO BOX 986 PO BOX 1177 ADDRESS_2 100 SW 15TH STREET 1 CVS DRIVE 206 N PARROTT AVE ADDRESS_3 CITY_NAME JUPITER OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE BELLE GLADE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE PORT ST LUCIE BIRMINGHAM OKEECHOBEE OKEECHOBEE WOONSOCKET OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE JACKSONVILLE OKEECHOBEE OKEECHOBEE OKEECHOBEE ST FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL AL FL FL RI FL FL FL FL FL FL FL FL FL FL ZIPCODE CNTRY 33458 349720000 349730120 349720000 34974 349745256 349720000 34973 349720000 334306625 34974 349730986 34974 349733166 349532000 35244 349730759 349722947 28956146 349740000 34974 349730000 349731177 349722931 349720000 322164514 349722976 349730986 349731177 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Petition 7-0 W- V /\fid3Vit Attesting tC the Completeness and Accuracy of the List of Surrounding Property Owners hereby cerhty under the pen2Uv of av; er he revocahon of the requested approval soLght tht to the host of my knowledge and belief, the attached list ronathutenfhe complete and accurate list of the property 0onara, addre.sses. and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, aUeys.orwaV*nwayu. the perimeter of the lands which are suhiecs of, or are COflU9UOUC 10 but held under the sreinice ownership as, the ancis subject to the application for a change in land use or zonino, s2id list constituting a portion o| that appUca\iu/t. Ths afiktavit is made based r.lpon an nspeclion of the tax roUs of the December 20l6 Property Appraiser of Okeechobee County amof _ and the Assertions made to :Ile by members ot that Office that the information reviewed constittites the most recent information available to that office,. I thereflwe attest to this LyOemxi Signature of Aoplicant Name of Applicant (printed or typed) State of Florida County of Okeechobee //2__ 7 Date Swo(nN and subscribed before me this _a dayui ��� u.a « Personally known to me ' "^ __ or produced ,aoidenii5oai\unand did not take an oath. kada Notary Public, State ofFlorida Notary Public State mpkrid^ Karen Vamadoe wv Commission rFas1`s *d' Expires 03/2012020 (Rev 09/14) y,-.0 3 ur|| 31537350010014100040 KIRCHMAN OIL COMPANY 31537350010014200050 SLOAN & RILEY HOLDINGS LLC 31537350010014200010 TENNISWOOD JAMES R & PATRICIA 31537350010014300030 THERAPY CENTER OF OKEECHOBEE I 31537350010014100060 WILLIAMS HAYNES E REV TRUST & 31537350010014100080 WILLIAMS HAYNES E & SUSAN 31537350010014100100 WALPOLE INC ■ 31537350010014200070 FAMILY HERITAGE HOLDINGS LLC o0 oco o owz M W Z CO W o O f_ O Z W o => o- U ? to I- u� M 31537350010015400040 114 NORTH PARROTT LLC 31537350010015300030 NEWMAN CHRISTOPHER W & GAIL M 31537350010015200040 COFIELD DEANNA PAIGE 31537350010015400010 SPIRIT CV OKEECHOBEE FL LLC 31537350010015300070 PMA OKEECHOBEE REALTY LLC 31537350010015200070 OKEECHOBEE ACQUISITIONS INC Okeechobee County Property Appraiser's Office 16 ALLEY l O g Co' 00 t) 0 " Oct ' C f' 40 • 3' 4 it- Do' C .) 5o .7 dome- A o � DNS °I -P c. ess 1L1)1rJCr - 12."7' r3 R.1c .51,c6,4. 14 $- k- i42 1i6 43.1.o414. 41-Ze D a - ";"1 p • O _Le' >w 90. 'Cp)�gr1'� l er 12 0 42- ©A- oJ I o6. I' AS f:+I A LT' 1'A N y r` lJ 2 -r _7 0, I<t *---1 ? 4'440Nc 2' YAL ( C-U (GNT SURVEYOR'S CERTIFICATE HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G -17 -6 BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN SHO"" BY. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION 16427 FRED W. REPASS P.S.M. ATE °t LEGEND: • -FOUND CONCRETE MONUMENT • -FOUND IRON ROD O -SET IRON ROD - CENTER UNE FFE - FINISH FLOOR ELEVATION PSM - PROFESSIONAL SURVEYOR AND MAPPER R/W - RIGHT -OF -WAY PC -POINT OF CURVE D -DELTA ANGLE A -ARC LENGTH + ce - TYPICAL ELEVATION FIELD WORK COMPLETED: f . 5 "D v> LOCATION MAP 10 )$?lE\ i SST ST NE< PORTATION 4 U 01 011 NIL NE 4 LA CD S fnr ii^ Ir- LEGAL DESCRIPTION: L.oT 7,8, 1, ID, 11) iZ,15Lock I -'z) L 6 pGoj 4o?171 1c: ¶M' 1' 1H 14.EC.ts ) IN, 'I 1_ 7& 1 �'�G( �, P.UrJ) SURVEY NOTES: 1. NOT VAUD UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREO ARE BASED ON THE CENTERUNE N lab 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION. SPRINKLER SYSTEMS, SHRUBS OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HERON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL UABIUTY INSURANCE. CERTIFIED TO: �.'t'111 --Y 1T 1 -Iot.3 1 N4S i5UGHAN,/s.r1, ok�DISN, 3?OV/ ,if. s y � Ha t '►�S G- 1-1,6g -rLg�, FRED W. REPASS SURVEYOR & MAPPER 2780 FAIRMONT STREET STUART. FL 34995 (772)878 -7568 (office & fax) 1 BOUNDARY SURVEY PREPARED ON THE ORDEROF: goKer.cs-Ioet 0174 SCALE: "= 4-0' DRAWN BY: FILE No.: Staff Report Variance Request Prepared for: The City of Okeechobee Applicant: Family Heritage Holdings, LLC Petition No.: 17 -002 -V 1:1•P'11 :-Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239 -331 -3366 Serving Florida Local Governments Since 1988 Staff Report Variance Request Applicant's Name: Family Heritage Holdings, LLC Petition No. 17 -002 -V Description of the Requested Variance The Applicant is requesting variances to retain the current setbacks. The following table shows the required setbacks for a private club, the current setbacks on the property, and the size of the variances requested. Yard Description Setbacks Required for Private Club Current Setbacks Variance from Required Minimum Yard Setbacks North (Rear w /Garage) 25' 16.6' 8.4' North (Rear w /covered concrete parking) abutting residential zoning district) (50' less 15' alley)* 12.3' 22.7' South (Primary front) 40' 35' 5' East (Secondary front @ 75% of primary front) 30' 106' No Variance West (Secondary front @ 75% of primary front) 30' 20' 10' *Sec. 90 -285, Lot and Structure requirements for the CHV District Subsection (2)b. states: "The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district. Serving Florida Local Governments Since 1988 Staff Report Variance Request Applicant's Name: Family Heritage Holdings, LLC Petition No. 17 -002 -V Adjacent FLUM Classification, Zoning District, and Existing Land Use North East Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use West 100 feet, Commercial; Mid 50 feet, Multifamily; East 150 feet, Commercial West150 feet, RMF; East 150 feet, CHV Office buildings Commercial CHV Office Building Commercial CBD Two Single- family homes and retail Commercial CHV Design Studio and bulk storage Consistency with Required Standards and Findings Standards for Granting a Variance (Sec. 70- 374(b), page CD70:20 in the LDRs): Applicants are required by Sec. 70- 374(b) to address the following issues in his /her presentation before the Board of Adjustment. The Applicant has provided responses in his Application to each of the required standards. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. Serving Florida Local Governments Since 1938 Staff Report Variance Request Applicant's Name: Family Heritage Holdings, LLC Petition No. 17 -002 -V 1. Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site (and not merely for economic reasons or the convenience of the applicant). "The variance is required to overcome the requirements of the anticipated sale as described above. When the building was built, the use of this building changing could not have been anticipated." Staff Comment: There are no unique physical conditions of the site. It is an essentially rectangular one -acre parcel containing a permitted use developed in conformance with the development standards of the CHV district. It is the use the Applicant wishes to place on the property that is unique. While a private club is a permitted use in the district, it is subject to the special requirements set forth in Sec. 90 -698. While the property meets the location and minimum lot area requirements of this section, the existing building was constructed to the standard setback applicable to the vast majority of uses allowable in the CHV District. The fact that the existing structures do not meet the requirements applicable to a special use does not constitute a hardship. Rather, it clearly suggests that the building is not suited to the use the Applicant wishes to place in the existing building. If the building(s) were to be torn down, a new private club could easily be accommodated on the site. The fact that the Applicant does not wish to absorb the cost of demolition and reconstruction is not a hardship. 2. Specify the minimum variance required including height, lot area, size of structure, size of yard, setback, buffer or open space. (Applicant should explain why the requested variance is the minimum necessary to overcome the hardship.) "The minimum requested variance require for this change of use are 33.4' for the west building and a 37.7' for the east building, 10' side (west) setback, and a 5' front (south) variance as shown on the exhibit. Staff Comment: The Applicant has not stated why these are the minimums for the requested variances. It is clear, however, that what the Applicant deems to be the minimum setbacks are those at which the buildings were originally built. Again, the fact that the Applicant does not wish to modify or demolish and reconstruct the existing buildings to the minimum setbacks required by Sec. 90 -698 does not constitute a hardship as defined in the Land Development Regulations. It may be a severe impediment to the Applicant's wishes and economic feasibility, but it does not qualify as a hardship. stalAWN,KMIASOSMAZIPSA.VISMOMESSOOMMW"ai •40, Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name: Family Heritage Holdings, LLC Variance Request Petition No. 17 -002 -V Findings Required for Granting a Variance (Sec. 70- 374(c), page CD70:20 & 21 in the LDRs). This section states the Board of Adjustment must find that the following six conditions exist. The Applicant has provided responses in his Application to each of the six required findings. The Applicant's responses are presented below in Times Roman typeface, followed by Staff Comments in Arial typeface. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. 1. Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. "As mentioned previously, the existing building was constructed and met the requirements of Heavy Commercial zoning, however a change of use would be required for the sale of the building to proceed. This is use allowed in the existing zoning district. The variance is required due to the pending sale of the property, so this request would not impact other land or structures in the same zoning district." Staff Comment: There are no special conditions and circumstances that are peculiar to the land or structure involved. The property is essentially a rectangular one -acre parcel containing a permitted use developed in conformance with the standard setbacks of the CHV district. The setbacks applicable to the existing structure are applicable to every other use allowable in the CHV District, except those special uses that are required to have greater setbacks by virtue of their being listed under Sec. 90 -698. Of the 15 permitted uses in the CHV District, only "private club, nightclub" is required to have an increased minimum setback. Of the 27 special exception uses allowable in the CHV District, only four have increased minimum setbacks (Auto service station, House of worship and Adult family care homes, assisted living facilities, and Nursing home). Obviously, it is not the land or existing structure which exhibits special conditions or circumstances. Rather, it is the use the Applicant wishes to place on the property (a private club) that is unique and which requires increased setbacks. While the property meets the location and minimum lot area requirements of this section, the existing building was constructed to the standard setbacks applicable to all but a few uses allowable in the CHV District. Serving Florida Local Governments Since 1988 5 Staff Report Variance Request Applicant's Name: Family Heritage Holdings, LLC Petition No. 17 -002 -V 2. The special conditions and circumstances do not result from actions of the applicant. "The applicant cannot use the building as they need under Sec. 90 -698 as described above. The special conditions result from the pending sale of the property and change of use, not directly as a result of the applicant." Staff Comment: I disagree. It is the applicant who is placing himself /herself in the position of requiring a variance because he /she has chosen a property that is developed in a manner that does not meet the requirements applicable to that use. 3. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant. "If the sale of the building and the change of use is granted, the building will not meet setback on the north, west and south side of the property under a literal interpretation of the Land Development Code. To remedy this situation would place an undue hardship on the applicant." Staff Comment: Again, the fact that the Applicant does not wish to modify or demolish and reconstruct the existing buildings to the minimum setbacks required by Sec. 90 -698 does not constitute a hardship as defined in the Land Development Regulations. It may be a severe impediment to the Applicant's wishes and economic feasibility, but it does not qualify as a hardship. 4. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. "The requested variance is the minimum variance necessary to make possible the reasonable use of the structure." Staff Comment: It is clear the Applicant considers the minimum setbacks necessary for reasonable use of the structures are those at which the buildings were originally built. These setbacks are suitable for almost every other use allowable in the CHV District. The fact that the land and structures, as currently configured, may not be suitable for one specific use desired by a potential buyer does not eliminate all reasonable uses of the property. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Family Heritage Holdings, LLC Variance Request Petition No. 17 -002 -V 5. Granting the variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoning district. "The City of Okeechobee has traditionally reviewed these types of variances on a site specific basis. Without the requested variances, the building could not feasibly be used as a Private Club, nightclub or bar. The requested variance will allow the building to be used as intended by the pending sale as a Private Club." Staff Comment: All variances are required to be reviewed on a site - specific basis; that is the very nature of a variance. This does not mean, however, that if an owner or prospective purchaser of a property cannot achieve specifically what he /she desires that the granting of a variance is warranted. The Board must find that each of the six findings have been met. Approval of these requested variances will most assuredly grant to this property privileges that are not accorded other properties in the district. To grant these variances will set a precedent that any use, for which greater setbacks have been determined to be necessary, can expect to be approved to occupy existing structures which have not been constructed in a manner that meets the special requirements of the proposed use. 6. Granting the variance will be compatible with the intent and purpose of the Land Development Code, and the variance will not be injurious to the neighborhood or detrimental to the public welfare. " Granting this variance will be compatible with the Land Development Code and will not be injurious to the neighborhood as all functions of the Private Club will be completed inside the building, nor detrimental to the public welfare as again all functions required by this facility will take place inside the building." Staff Comment: The requested variances are not compatible with the LDC because the proposed use, a private club, has been determined to be of a character that requires greater setbacks than the standard setbacks applicable to most other uses allowable in the CHV District. The fact that the Applicant claims that all functions will be conducted inside the building does not overcome the need for the use to be adequately setback from adjoining roadways or adjacent properties. Serving Florida Local Governments Since 1988 Staff Report Variance Request Applicant's Name: Family Heritage Holdings, LLC Petition No. 17 -002 -V Recommendation Based upon the foregoing information and comments, which show that the requested variances meet neither of the two standards, and none of the six findings, required for the granting of a variance by the Board of Adjustment, Staff strongly recommends denial of the requested variances. Submitted by: Wm. F. Brisson, AICP Planning Consultant February 8, 2017 Board of Adjustment Hearing: February 16, 2017 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses Serving Florida Local Governments Since 1988 Staff Report Variance Request Applicant's Name: Family Heritage Holdings, LLC Petition No. 17-002-V FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS < < -Ci 7:5 C\i Ili w _ Z Z na it COMPREHENSIVE PLAN LAND USE SINGLE FAMILY MULTI -FAMILY gm COMMERCIAL INDUSTRIAL PjELIC FACILITIES RESIDENTIAL/AXED JSE: Serving Florida Local Governments Since 1988 NE 3rd St. A A Staff Report Applicant's Name: Family Heritage Holdings, LLC Variance Request Petition No. 17-002-V ZONING MAP SUBJECT SITE AND ENVIRONS "o c w z 'ZONING am cap - COMM aUSNECts. • ctiv COMMERC LiGmT COMVEPCik. CPO - COMM PROFEC:' Pt - KILLING ND - INDUSTRIAL J• FACILITIES PuD-MIXED • PUD-R RMF RE CiDENTiAL MULT1FAMiLY RESIDENTIAL MOBILE RSPI RESIDE!,471AL St*4GLE FAMILY F2 - RESIDENTIAL .CNOLE FAMILY -73 C) w z I %I NE 3rd St, Serving Florida Local Governments Since 1988 10 Staff Report Variance Request Applicant's Name: Family Heritage Holdings, LLC Petition No. 17 -002 -V AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES Serving Florida Local Governments Since 1988