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2003-10-28 BOA CITY OF OKEECHOBEE BOARD OF ADJUSTMENT OCTOBER 28, 2003 SUMMARY OF BOARD ACTION I Pa ACTION - DISCUSSION - VOTE Vice-Chairperson Ledferd called the October 28. 2003 Board of Adjustment meeting to order at 7:04 p.m. I Board Secretary Vinson called the roll Absent ( with consent) Present Absent (with consent) Present Present Absent (without consent) Present Absent (without consent) Absent (without consent) Present Present Board Member Keller moved to dispense with the reading and approve the Summary of Board Action for the August 26, 2003 regular meeting. Board Member McCoy seconded the motion. I - VOTE CREECH - YEA KELLER - YEA LEDFERD - YEA MCCOY - YEA MOTION CARRIED. AGENDA CALL TO ORDER - Chairperson. Board of Adjustment, October 28.2003. 7:00 p.m. I. Secretary . CHAIRMAN, MEMBER AND ST AFF ATTENDANCE Chair Jerry Walker Board Member Daniel Creech Board Member Dawn Hoover Board Member Thomas Keller Board Member William Ledferd Board Member Christopher Mavroides Board Member Douglas McCoy Alternate Sandra Jones Alternate Teresa Sallette Attorney John R. Cook Secretary Katrina Vinson II. c...: w: !'";) MINUTES - Secretary. Motion to dispense with the reading and approve the Summary of Board Action for the August 26, 2003, regular meeting. A. III. Board of Adiustment - October 28,2003 ACTION - DISCUSSION - VOTE Mr. Jim LaRue, of LaRue Planning and Management, City Planning Consultant, addressed the Board by reviewing Planning Staff s recommendations regarding the petition. This use is an authorized use as a Special Exception in a Heavy Commercial (CHV) zoning district. Mr. Roger Elgin, applicant, addressed the Board requesting approval The Board members questioned the use in regards to commercial vehicles, heavy trucks, major repairs, and hours of operation. The Board Members and the applicant came to the conclusion that the following conditions would apply: A one ton weight limit. No major body work. Hours of operation would be from 7:30 a.m. to 6:30 p.m. Monday through Saturday. McCoy moved to approve Petition 03-005-SE with the agreed up conditions as based on Planning Staff s recommendation, seconded by Board Member Keller. Board Member listed above, ~.....,. '- ~..i ~ VOTE CREECH - YEA KELLER - YEA LEDFERD - YEA McCoy - YEA MOTION CARRIED. Mr. Jim LaRue addressed the Board by reviewing Planning Staffs regarding the petition. Mr. LaRue informed the Board that State Law does provide for low intensive special housing facilities within all residential areas regardless of zoning. However, this request is not compatible with a Single-Family environment. Although special needs housing normally is not a deterrent to development of nearby properties, the intensity of the proposed use might adversely impact the Single-Family character ofthe neighborhood. The intensity ofthis facility with 10-12 residents, and five employees would be more taxing on public infrastructure than is normally contemplated in a Single-Family District. It appears that the existing residence is served by a septic system. It is not known what the traffic congestion would be considering employees and potential visitors even though residents would probably not be driving. The traffic would potentially be more intensive than is contemplated within a Single-Family District. Mr. LaRue is recommending that Petition No. 03-006-SE be denied based on the findings contained in the Planning Staffs Report AGENDA IV. NEW BUSINESS. Consider Petition 03-005-SE: Charles Lowrance, Trustee, is the property owner. Roger D. Elgin is the applicant. The purpose for the request of a special exception is to allow for an automotive repair facility in a Heavy Commercial (CHV) zoning district. The property is located at 302 SW 2nd Avenue. A. I I Consider Petition 03-006-SE: Southern Plantation of Okeechobee, Inc is the property owner and applicant. Faye Haverlock is the representative. The purpose for the request of a special exception is to allow for an assisted living facility within a Residential Single Family (RSF) zoning district. The property is located at 309 S.W. 15th Street. B. I Pa Board of Adjustment - October 28, 2003 ACTION - DISCUSSION - VOTE I Faye Haverlock, the applicant, addressed the Board sharing the background of the home. Mrs. Haverlock stated that the property is on septic system and that they have three nine-hundred gallon septic tanks. She introduced her Independent Consultant, Keith Gibson, who addressed the Board stating that the landscape of the community will not change. The purpose of an Assisted Living Facility is more of a social home, than a health care facility. There will be no special needs patients there, just elderly needing some assistance due to being unable to live alone. Attorney John Cook, questioned Mr. Gibson regarding the requirements for the staff per the amount of patients, as well as what agency this facility will be governed by. Mr. Gibson responded that this facility will be governed by the Agency for Health Care Administration and that there are no staff requirements as long as you meet the elderly's needs. The capacity of this facility will be 10 to12 residents. Mr. Gibson stated that the surrounding property owner's should not be concerned about their property value going down. Attorney Cook advised that the Board can limit the amount of elderly, as well as the amount of future expansion. I Surrounding property owner, Peggy Hunt, presented the Board with a map ofthe surrounding area indicating which property owners did not approve of the petition. Additional surrounding property owners who also addressed the Board were, Mr. Williams who stated that he does not want the neighborhood to change to commercial uses. Mr. Will Russ, commented on the septic tank issue, stating that the septic tanks are not meant for dozens of people to be living in the home. He also discussed the traffic problems that this could cause, due to SW 15th Street being so narrow, the traffic is already a problem there. There is not adequate parking there. He also questioned where the visitors will park Ms. Gisela Vavra re-iterated the traffic problems with the library, movie theater, the Dialysis Center, as well as SW 15th Street being a "cut-thru" for the SW Section of town. At that time, Mr. LaRue informed the Board that a traffic impact study had not been completed at that time I AGENDA IV. NEW BUSINESS, CONTINUED. B. Consider Petition 03-006-SE, continued. CA.: ,,~ O? -., r- v...' ~ ........ i..:_i C'0 ~ Pa~e 4 of 4 Board of Adjustment - Okeechobee 28, 2003 ACTION - DISCUSSION - VOTE Board Member McCoy stated that the Health Department would deal with the septic tank issue, and he agreed, traffic congestion is an issue for that street. Mr. LaRue commented that the Petition could be tabled for a traffic impact study. He also commented about the level of intensity, and questioned the Board if this use was compatible with Residential Single Family (RSF) zoning. Attorney Cook discussed the options with the Board Members, and reminded them that the applicants have the right to have this type of use in a Residential Single Family (RSF) zoning district. You have to base your vote on the information, not that the neighbors oppose it. Vice- Chairperson Ledferd suggested the Board did not have enough information regarding the intensity of the use for a decision at this time, would like more information. moved to deny Petition No. 03-006-SE; motion died for lack of second. 03-006-SE requesting more information be meeting; seconded by Board Member listing what type of additional VOTE CREECH - YEA KELLER - YEA LEDFERD - YEA McCoy - YEA MOTION CARRIED. There being no further items on the agenda, Vice-Chairperson Ledferd adjourned the meeting at 8:00 p.m. ~ AGENDA IV. NEW BUSINESS, CONTINUED. I c. Consider Petition 03-006-SE continued. writing, 2003 III Board Member Keller Board Member Keller moved to table Petition No submitted and re-considered at their November 20, McCoy. Mr. LaRue will contact the applicant, information needs to be submitted to the Board. I ADJOURNMENT - Chairperson V. - PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of Adjustment with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records ofthe Department. ¿dd~e ~ William Ledferd, Vice I ATTEST: ~Cl 'D\,t~\R \{lvvJ OJ\j Katrina Vinson, Secretary CITY OF OKEECHOBEE BOARD OF ADJUSTMENT MEETING OCTOBER 28, 2003 OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER: Board of Adjustment October 28, 2003, 7:00 p.m. - Chairperson Walker. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Jerry Walker Board Member Daniel Creech Board Member Dawn Hoover Board Member Thomas Keller Board Member William Ledferd Board Member Christopher Mavroides Board Member Douglas McCoy Alternate Sandra Jones Alternate Teresa Sallette Attorney John R. Cook Secretary Katrina Vinson Ill. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Agency Action for August 26, 2003 regular meeting. IV. NEW BUSINESS - City Planning Consultant. A. Consider Petition 03-005-SE: Charles Lowrance, Trustee, is the property owner. Roger D. Elgin is the applicant. The purpose for the request of a special exception is to allow for an automotive repair facility in a Heavy Commercial (CHV) zoning district. The property is located at 302 SW 2nd Avenue. B. Consider Petition 03-006-SE: Southern Plantation of Okeechobee, Inc is the property owner and applicant. Faye Haverlock is the representative. The purpose for the request ora special exception is to allow for an assisted living facility within a Residential Single Family (RSF) zoning district. The property is located at 309 S.W. 15th Street. OCTOBER 28, 2003 - AGENDA - PAGE 2 OF 2 V. ADJOURNMENT - Chairperson Walker. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of Adjustment 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. Tapes are for the sole purpose of backup for otlicial records of the Department. PAGE -1- ClTY~ = OKEECHOBEE -OCTOBER 28, 2003- BOAR~1 OF ADJUSTMENTS- HANDWRITTEN MINUTES I. Cl .L TO ORDER. Chairperson: October 28, 2003, Board of Adjustment Reqular Meeting 7:00 p.m. II. C AIRPERSON, BOARD MEMBER STAFF ATTENDANCE. Secretary. Present Absent Chairperson Jerry Walker .~" ,. Board Member Daniel Creech X Board Member Dawn Hoover Board Member Thomas Keller X" Board Member William Ledferd Board Member Christopher Mavroides · Board Member Douglas McCoy i Alternate Sandra Jones ,', Alternate Teresa Sallette i Attorney John R. Cook Secretary Katrina Vinson II1. MINUTES. Secretary. A. ~ Board Member oved to dispense with the reading and approve the Summary of Agency Action for the August 26, 2003 Regular Meeting; seconded by Board Member VOTE i! YEA NAY ABSTAIN ABSENT Creec§ i Kellerj I Ledfe~ Mavroi~es McCo~ ] Walker MOTION~~)~ DENIED PAGE -2- IV. New Business. City Planning Consultant. A. Consider Petition 03-005.SE: Charles Lowrance, Trustee, is the property owner. Roger D. Elgin is the applicant. The purpose for the request of a special exception is to allow for an automotive repair facility in a Heavy Commercial (CHV) zoning district. The property is located at 302 SW 2nd Avenue. ~t~ l. '1'30-~'30 m- SaS PAGE -3- B. Consider Petition 03-006.SE: Southern Plantation of Okeechobee, Inc is the property owner and applicant. Faye Haverlock is the representative. The purpose for the request of a , special exception is to allow for an assisted living facility within a Residential Single Family (RSF) zoning district. The property is located at 309 S.W. 15th Street. enok::~ ¢oc d~(- y c~ City of Okeechobee Date: q= ~:~ ~)--O ~_'~ Petitio. No. General Se~ices Depa~ment Fee Paid: 4 ~.~D Jurisdiction: 55 S.E. 3ra Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 217 Publication Dates: ] O-/~--O~ ~ [ (O Fax: (863) 763-1686 Notices Mailed: I ~- [ ~-~ Uniform Land Use Application Rezone · Special Exception · Variance ~ Name ofprope~ owner(s): SOHTHE~ PL~TATION OF OKEECHOBEE, INC. A Owner mailing address: 309 S. N. 15TH ST. O~ECHOBBE, FLORIDA 36974 p ' P Name of applicant(s) if other than o~er (state relationship): I Applicant mailing address: c A Name of contact person (state relationship): FAYE A. ~VE~OCK~ PRESIDENT N T Contact person da~ime phone(s): 863-357-2442 Fax: 863-357-1228 Property address / directions to property: 309 S.W. 15TH STREET, OKEECHOBEE, FLORIDA 34974 Indicate current use of propertyi PRIVATE HOME Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): RESTORATION OF HOUSE, POOL~ PATIO & GARDEN AREAS - CITRREMT TWC~ c~CCLTp_~_~.TS Approximate number of acres: 2.12 Is property in a platted subdivision? Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: NO Iq'ave there been any land use applications concerning all or part of this property in the' last year? If so, indicate date, nature and applicant's name: NO Is a sale subject to this application being granted? NO Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: YES Describe adjoining land uses / improvements to the North: RESIDENTIAL SINGLE FAMILY South: SAME East: SAME West: SAME Existing zoning: RSF: 1 Future Land Use classification: RSF 1 Actions Requested: ( ) Rezone ( X ) Special Exception ( ) Variance Parcel Identification Number: 2-28-37-0A00-00005-0000 I ~' I Confirmation of Information Accuracy I 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,tand imprisonment of up to 30 da. ys and may result in the summary denial of this application. r..~//./.z~,/ FAYE A. HAVERLOCK SEPTEMBER 22, 200t S_j_l~n'~[-u~e~ - - -- Printed Name Date Uniform Land Use Application (rev. 1/03) Page I of 2 Soutt ern Plantation o£ Okeecbobee, Inc. 309 SW 150t Slrcel, Okeechobee, Florida 3/1.974 September 17, 2003 Statement of special reasons and basis for the request. The existing Dunklin Assisted Living Facility, 407 NW 2nd Ave., is on property owned by the County and is slated to become a parking area for the new Okeechobee County Court House Complex. All current residents will have to be moved to a new location. The building located at 309 SW 15th Street is a landmark of past history created by the late Charles McArthur. This 7,000 square foot Colonial Style structure would be a beautiful home where elderly citizens could enjoy the secure pool, patio and garden areas which feature tropical landscaping and birds of many colors. Over the past three years, my husband, Hershel, and I have spent many hours repairing and restoring this lovely home and have enjoyed its spaciousness. As you may imagine, it is way too much house for two people and we believe it is not being utilized to its potential. What a beautiful setting for our beloved seniors to enjoy. Our elderly Okeechobee residents, who need such a place to reside, will live in an environment providing the highest quality of life possible while ensuring safety, privacy and dignity. Having been in the assisted living business here in Okeechobee for many years, Hershel and I truly understand the need for such a place and ask for your support toward making this dream a reality. Sincerely; Faye A. Haverlock Southern Plantadon of Okeechobee, Inc. 309 SW 15th Street, Okeechobce, Florida 34974 September 23, 2003 Statement of interest in property RE: Property Located At: 309 SW tSth Street, Okeechobee, Florida NOTICE OF INTENT TO FILE FOR SPECIAL EXCEPTION TO COMPREHENSIVE PLAN AND UNIFORM LAND DEVELOPMENT CODE, CITY OF OKEECHOBEE, BOARD OF ADJUSTMENT Please be advised that Southern Plantation of Okeechobee, Inc., owner of the property located at 309 SW 15th Street in Okeechobee, will be filing an application for a Special Exception, allowing the establishment of an ALF (Assisted Living Facility) on the site, with the City of Okeechobee Board of Adjustments at their regularly scheduled hearing date of October 28, 2003. This application is in compliance with the current zoning of RSF1 (Residential Single-Family). Under Sec. 90-103. Special exception uses: "The following uses and structures are permitted in the RSF 1 district after the issuance of a special exception use petition: (2) Adult family care homes or assisted living facilities as provided by law." If approved, the new facility will have minimal impact on the area including motor vehicle traffic. Sincerely: Faye A. Haverlock, President Southern Plantation of Okeechobee, Inc. Residence Residence ~ proposed ASPHALT ORI~WAY NORTHERLY I:. I: [$ r,'Ji[O 592 D~umentary Stamps paid irt the amount This Instrumenl Prepared By / $ I, "L.'3~). OD Return To: Class C Int~nsib_la Tax paid in Ihe amount ets Larry E. Buchanan, Esquire Sharon Robertson, Cle~ of Circuit Court C RARY, BUCHANAN, BO WDISH, BOV ,E, aERES, NEGRON & THOMAS, CHARTERED 555 S,W. Cnlorado Avenue, Suile 1 By: ~.~ ~, , D,C, Post Office Drawer 24 Date., Sluarl, Florida 34995-0024 - WARRANTY DEED {STATUTORY FORM - SECTION 689.02 F,S.) THIS INDENTURE, Made Ibis l~ day of October, 2000, Between HERSHELL L. CLARDY, a single man JEFFREY ALLEN FADLEY, a married man and JODY JAMES FADLEY, whose post office address 309 SW 15th Street, Ol<eechobee =,_ ~-4974, of the County of Okeechobee, Slate of Florida, grantor*, and SOUTHERN PLANTATtON O,~' OKEECHOBEE, INC., a Florida corporation, whose post office address Is 3003 sw 2811~ Street, Okeechobee, FL 34974, grantee*, WtTNESSETH, That said grantor, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee, and grantee's heirs and assigns forever, alt thai certain land siluate in Okeechobee County, Florida, to-wit: Commence at the SW corner of the NE 1/4 of NW 1/4 of the NE 1/4 of Section 28,Township 37 Soulh, Range 35 Easl and run North along lhe Wesl boundary Ihereof a distance of 523,8 feet to the Soulh boundary el Southwest 15Ih Street (formerly 9th Streel) as now Iocaled; thence run East along the South boundary of said Southwesl 15th Street (formerly 9th Street) a distance of 310 feet to the poinl of beginning; thence conlinue Easl along the South boundary of Southwest 15Ih Street (formerly 9th Street) a distance of 3500 feel, more or less, ID a poinl on the Wesl boundary of Firsl Addition to South Okoechobee; Ihence run Southerly along Ihe West boundary Ihereof a distance of 264 feet to a point; thence run We~t st right angles for a distance of 350,0 feet to a point, thence run Northerly at right angles a instance o! 264 feet Io point of beginning lying in and comprising a part of the NE 114 of NW 114 of NE 1/4 of .~ecl~on 28, Township 37 South, Range 35 ERst; said property lying and "oleg in Okeechobee County, Floddm PARCI~L I D # 02-28-37-35.0A000.00005-0000 THE PROPERTY DESCRIBED IN THIS INSTRUMENT IS NOT THE HOMESTEAD OF JEFFREY ALLEN FADLEY OR JODY JAMES FADLEY WHO MAINTAIN THEIR HOMESTEAD AT: _~_O~._~.~.~ .... (J~..._.,c/-ea ~? __and ~o.5 $¢0 1.1. $ /-'~'E~.-~ /¢",~F' ,,~ '.;ublecl I~ rc~str cl (m.~, rc.~erval ans. covenants, conditions, and easements of record; taxes for 2000 and the years ~ul)seq~,anl lho~eto, nnd all applicable laws, ordinances and governmental regulations, including wilhoul limilation, /(w~ing and bultd~nq codes and ordinances and smd grantor dens hereby fully warrant Ihe title to said land, and will defend the same against Ihe lawful claims el nil parsons whomsoever '"(;realm" and '*grantee" are u,~ed for singular and plural, as context requires. IN WI ! NE ,";G VV~ ir__ [{EOF, Granter ha'~ hereumo set grantors hand and seal the day and year first above written. pr,~,'~ilnco //' , ., ., '.t..,. :,'....,_,~...L ~-'.' HERSHELL L'. CLARDY ' II'HINI NAME OF ~NIlNESSJ ,.,.,/ JPRINT NAME O¢-~VI'rNESSJ '"'!0 ~,. I~ ti r,'.~;[0593 STATE OF FLORIDA COUNTY OF The foregoing Instrument was acknowledged before me Ihls [(~G,.~ day of October, 2000 by HERSHELL L. CLARDY, a~ single ~..~an(~..He (PI.EASE t. HECK ONE OF THE FOLLO~N~) produced __~. (TYPE OF iOFNTIFICATION) aS Identl~c~on. [~-.;~'~;~.; ......~E~'S. ~I~K~N~ ~ NOTARY PUBLIC, State of Florida (~J~;) [XP:.[5: ~ 13. ~1 I[ Commission Number' {~-- '".._ .._ ................. ~- ,...-~ ,STATE OF FLORIDA COUN'TY OF The foregoing Instrument was acknowledged before me this ~ OlC~day of OctolJer, 2000 by JEFFREY ALLEN FADLEY and JODY JA[vlES F^DLEY. They {pLEASE CHECK ONE OF THE FOLLOWING) L-'l are personally known ]J~Y PUBLI . Slate of Pier/da Commission ~::xplres: D_SearchResults (_ : Page 1 of 2 H O I~1 E Parcel ID: 2-28-37-35-0A00-00005-0000 Okeechobee County Property Appraiser Record Owner & Property Info Show: GIS MapIProperty Record Card ~earch SOUTHERN GIS Map Owner's Name PLANTATION OF OKEECHO General Info Site Address 309 sw 15'I'H ST, Okeechobee Exemptions Mailing 3003 SW 28TH STREET Address OKEECHOBEE, FL Tangible Tax 349740000 UNPLA~-I'ED LANDS OF F A (~ THE CITY FROH SW Brief Legal COR OF NE 1/4 OF NW 1/4 OF NE 1/4 RUN N Download ON W BDRY Forms Use Desc. Contact Us (code) SINGLE FAM (000100) << Prey Of 10 Next >> Neighborhood 114652.00 Tax District 50 UD Codes 0100 Market 11 Area Total Land Area 0.000 ACRES Property & Assessment Values Mkt Land Value cnt: (1) $57,500.00 Just Value $305,922.00 Ag Land Value cnt: (0) $0.00 Class Value $0.00 Building Value cnt: (1) $223,844.00 Assessed XFOB Value cnt: (11) $24,578.00 Value $305,922.00 Total Exempt Value $0.00 Appraised $305,922.00 Total Taxable Value Value $305,922.00 Sales History Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 10/10/2000 445/592 WD I Q $250,000.00 9/20/2000 444/1658 PB I U 01 $0.00 5/28/1999 423/263 QC I U 03 $0.00 Building Characteristics i SINGLE FAM (000100) 1964 5295 7053 $223,844.00 Extra Features & Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) FIRE 3 1STORY A B 1964 $4,942.00 2.000 0 x 0 x 0 PD (75.00) ASPH 8 TENNIS CT 1983 $1,836.00 :6000.000 100 x 60 x 0 PD (20.00) FENC 6 10'C/LINK 1983 $731.00 200.000 0 x 0 x 0 PD (50.00) FENC 1 4'C/LINK 1983 $976.00 507.000 0 x 0 x 0 PD (50.00) OCR OPN CC R/F 2001 $165.00 56.000 8 x 7 x 0 PD (80.00) Land Breakdown http://www.okeechobeepa.com/GI S/D_SearchResults.asp 9/3/2003 - Page 2 of 2 D' SearchResults 1._ L. 000100 SFR (MKT) 1.000 LT - (.O00AC) 1.00/1.00/1.00/1.00 $57,500.00 $57,500.00 Okeechobee County Property Appraiser Last Updated: 08/01/2003 lofl I HOME I Record Search I G,S Map I General Info I Exemptions I Tangible Tax I F A Q I co.~ct us I This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office so governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of I property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment Property Appraiser Web Site Design, Record Search & GI$ Happing Interface: Copyright 2001, by Grizzly Lo( http://www.okeechobeepa.com/GIS/D_SearchResults.asp 9/3/2003 CITY OF OKEECHOBEE CERTIFICATION FOR POSTING SIGN Instructions: 1. The sign must be posted on the subject property. 2. The sign must be posted prominently. 3. The sign must be visible from the most traveled street adjacent the subject property. 4. There is no specific height requirement, provided that the sign can easily be seen by cars or pedestrians that pass by the property. 5. The sign must be posted beginning 15 days (not including Sundays) prior to the public hearing and must be posted continuously during this time. If a second public hearing is required before the City Council the sign must remain posted until that hearing has been conducted. The sign must be removed within 7 days of the final public hearing. PetitionNumber(s): 0'~o00(,.0- ~..~1:" ?'~)LL~Y~ P~O,,~'~'~[~O~ CERTIFICATION OF POSTING OF SIGN I, x,J-'~' ~¢i.~'~ [A~)-~'~(~-( , hereby ce~i~ that I have po~tedi~he "Notice of P~blic Hearing" sign in accordance with the above requirements. S~~dre STATE OF FLORIDA COUN~ OF OKEECHOBEE Sworn to and subscribed before me this ~ day of 0 0~ ~C ,20 O~. Personally known to me OR produced Y~ ~ ~ ~ rs L ~'(~ as identification and did/did not take an oath. Notaw Public- Print Name: gdr(O a !1~ E~I~S: ~l~r 3, ~0~ Nota~ Public Signature ~ .~,~s,~.o0,.. It 1375 Jack] -n Street, Suite 206 · ". (- Fort Myer,, Florida 33901-2845 : Phone: 239-334-3366 Fax: 239-334-6384 ; Email: lame-planning~att.net Staff=Report-Special Exception Request Prepared for: The City of Okeechobee Applicant: Southern Plantation of Okeechobee, Inc. Petition No. : 03-006-SE .... ]! ........ J L .... i Staff Report ~'~ Applicant's Name: Southerr~lantation of Okeechobee Special Exception Request Petition No. 03-006-SE Owner: Southern Plantation of Okeechobee, Inc. Contact Person Faye A Haverlock Owner Address: 309 S.W. 15th Street Okeechobee, Florida 34974 Owner Phone Number: 863-357-2442 Commence at the SW corner of the NE ¼ ofNW ¼ of the NE ¼ of Section 28, Township 37 South, Range 35 East and run North along the West boundary thereof a distance of 523.8 feet to the South boundary of the Southwest 15th Street (Formerly 9th Street) as now located; thence run East along the South boundary of said Southwest 15th Street (Formerly ht n continue East along the distance of 350.0 feet, more or less, to a point on the West boundary of First Addition to South Okeechobee; thence run Southerly along the West boundary thereof a distance of 264 feet to a point; thence run West at right angles for a distance of 350.0 feet to a point, thence run Northerly at right angles a distance of 264 feet to point of beginning lying in and comprising a part of the NE ¼ of NW ¼ of NE ¼ of Section 28, Township 37 South, Range 35 East; said property lying and being in Okeechobee County, Florida. The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception to operate an assisted living residential facility in the Residential Single Family Zoning District for property located on 309 S.W. 15th Street. The subject property is approximately 2.12 acre(s) fronting on S.W. 15th Street which is subject to this Special Use Exception petition. The applicant intends to restore a house, pool, patio and garden area. The dwelling has public water and the adjoining property users are as follows: North: Residential Single Family East: Residential Single Family South: Residential Single Family West: Residential Single Family When reaching a conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record the following: Page -{ PAGE )- Staff Report Applicant's Name: Southem~lantation of Okeechobee Special Exception Request Petition No. 03-006-SE A. The use is not contrary to the Comprehensive Plan requirements. There are several Comprehensive Plan Policies and objectives that speak to "Special Housing" needs and the City's responsibility to ensure adequate siting for such developments. Policy 5.1 speaks of special housing needing to be at a density scale compatible with surrounding residential densities. The special Exception request is at a level that is incompatible with surrounding residential densities. { SEQ CHAPTER ~h ~r 1}Policy 5.1: The principles and criteria for siting DOH licensed or -funded group homes and foster care facilities shall be as follows: · to ensure that group homes and foster care facilities of a residential scale will be located in areas of residential character; · zoning shall not be used to prohibit such facilities of a residential scale in areas of residential character so long as proposed facilities are compatible with surrounding residential densities; and · to provide clients of such facilities adequate public facilities and services on the basis of a fair-share distribution of costs. B. The use is specifically authorized as a Special Exception use in the zoning district. The use as requested does fall under the Special Exception uses listed in this zoning district. C. The use will not have an adverse effect on the public interest. The public interest would be better served in a location that is more appropriate in residential scale such as a multi-family environment. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. State Law does provide for low intensive special housing facilities within all residential areas regardless of zoning. However, this request is not compatible with a Single-Family environment. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development ofadjacentproperty. Although special need housing normally is not a deterrent to development of nearby properties the intensity of the proposed use might adversely impact the Single-Family character of the neighborhood. Page -{ PAGE }- Staff Report Applicant's Name: Southern Plantation of Okeechobee Special Exception Request Petition No. 03-006-SE F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Screening would not appreciably reduce the intensity of this project. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The intensity of this facility with 10-12 residents, and five employees would be more taxing on public infrastructure than is normally contemplated in a Single-Family District. It appears that the existing residence is served by a septic system. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It is not known what the traffic congestion would be considering employees and potential visitors even though residents would probably not be driving. The traffic would potentially be more intensive than is contemplated within a Single-Family District. { SEQ CHAPTER \h ~r 1}Move that Petition No. 03-006-SE be denied based on the findings contained in the Planning Consultant's report dated { TIME \~ "MMMM d, yyyy" }. Submitted by: James G. LaRue, AICP Planning Consultant { TIME \~ "M/d/yy" } Page -{ PAGE }- Law Office of Burney J. Carter, P.A. 1623 N. U.S. #1, Suite A-2 Post Office Box 780266 Sebastian, Florida 32978-0266 Telephone: (772)589-3156 Fax: (772)388-2680 October 2, 2003 City of Okeechobee Board of Adjustments Land Planning Agency and Planning Board 55 S.E. 3rd Avenue Okeechobee, Florida 34974 Via U.S. Mail & Facsimile: (863)763-1686 Re: Southern Plantation of Okeechobee, Inc. Application for Special Exception Dear sirs: I am writing on behalf of Barbara Jane Richardson, who is the owner of property located at 311 S.W. 17th Street, Okeechobee, Florida. Ms. Richardson strongly objects to the granting of the Spedal Exception applied for by Southern Plantation of Okeechobee, Inc., located at 309 S.W. 15th Street, Okeechobee, Florida. Ms. Richardson has been notified that Southern Plantation of Okeechobee, Inc., will be filing their application for a Special Exception with the City of Okeechobee Board of Adjustments, Land Planning Agency and Planning Board, at their regularly scheduled hearing date of October 7 or 21, 2003. Please take this objection into consideration and contact this office with any questions that you may have regarding this matter. BIC/dd ~ cc: Barbara Jane Richardson Faye Haverlock, President, Southern Plantation of Okeechobee, Inc. ~ROM :BURNEY J CARTER PA FAX NO. :5~13g8~6~0 gcC. 01 ~003 01:17PM P1 Southern o[ Oiee o e, 457O L~m ~ne ,~mso~,FL~2~ ~~ ~. ~ ' RE: Your ~pe~ L~a~d At: 3tt sW t7~ $~ot r r~ ¢ I~ NOTICE OF IHTaNT TO FILa FOR 8PEC~ ~CEP~QN TO COMP~ENalVE P~ UNIFORM ~D D~ELOPMENT COD~ C~ OF O~ECHOBEE, BOARD OF ~D P~NNING AOENQY AND P~NINO BOA~ ~ar Prope~ Please be ad~ ~t ~ou~em Plantin of Okeechobee, Inc., ow~r of ~e p~pe~ Io~d at 300 ~W 1~ S~e~ in Okee~o~, w~l be ~ino an appll~ti~ for a 5~c~1 ~i~, allo~ng the e~blishment of a~ ALF (~~ Uving FadiJ~) on ~e sae, ~h the ~i~ of Ok~o~ B~ of ~j~tmen~, Land P~nnino ~en~ and Planning Board at their mgulady 8ch~u~ headng date of O~o~r'7'or 21, 2003. This appli~tion is in ~mpllan~ ~ ~e currant zoning of R$E1 (R. iden~al SJngl~Fami~). Un,er ~c, 00-t03. ~pec~l ~p~on uses'. ~e foiling u~s and stm~ures am ~i~ed RaF 1 distd~ a~er ~e ~an~ of a speda[ ex~p~on u~ ~tJon: (2) ~u~ ~i~ ~m hom~ or a.i~ed IMng ~1~I~ as p~lded by law." If ~p~, ~e n~ ~oili~ ~11 have mlnim~ ~pact on the area including m~r vehlde ~, If you, as r~ist~ ~er of ~e prope~ listed ~ove, ha~. any qu~U~e or the ginning of this 5p~ial ~p~on, please ~n~ Fa~ Haved0~ at K863) ~7~2 ~om 5 Monday, September 22, 2~3 pdor to the filing on Tu~ay, Septem~r 23, 2003. Anyone not maki~ ~n~ p~or to thb date ~11 ~ considered as not having any problem with th~ Special Ex~pfion pet~on. Sln~mly: ~ Law ~Jce o~ Faye A. Haved~, P~ident ~o,t ~t~ Box ~ Sou~orn PianO, on of Ok~h~e, Inc. ~~ mo~ ~2~ . . T~ho~: To: LaRue Planning and Management Board of Adjustments, City of Okeechobee From: Neighborhood Residents Re: Request for Special Exception of Property located at 309 SW 15th Street, Okeechobee, Florida Date: I 0/14/03 Attached are copies of letters that we received from Faye A. Haverlock, President of South Plantation of Okeechobee, Inc. advising that she was seeking a Special Exception for her property at 309 SW 15th Street. The residents listed feel that the granting of this Special Exception would have a negative impact on our neighborhood for the following reasons: 1. We fee! that an assisted living facility in a residential neighborhood would reduce our property value. 2. The increase of motor traffic would be detrimental. An assisted living residence would require the delivery of laundry, food, and various other supplies as well as emergency vehicles. The residents would also have to be transported to their medical appointments. Traffic would also be increased by staff workers. This is a special concern because there are small children living on an adjoining lot as well as directly across the street. There are also many children that use our street going to the library. Many of these children walk and others ride bikes and skateboards. 3. We have concerns about the size or the number of septic tanks that would be required for such a facility since SW 15th Street is not connected to the city sewer system. The house already had seven-and-a-half bathrooms. 4. A serious concern is the disposal of hazardous waste materials. 5. Obviously a parking facility for staff and visitors would have to be provided. Additional illumination would have to be provided since the facility would have shift workers that would come and go during the evening or early morning hours. We feel that this increased illumination would commercialize our neighborhood. 6. We belive that it would be inconsistent with proper city planning to have "income producing" property within a residential neighborhood. We hope that you will give your utmost consideration to our concerns. We will be present at the meeting on October 28, 2003, to let you know how strongly we feel about this matter. Respectively, LJ Southern PIantation of Okeechobee, Inc. 309 SW 15th S~reet, Okeechobee, Florida 34974 September 17, 2003 James A. & Gisela Reneta Vavra 500 SW 15th St. Okeechobee, FL 34974-5264 RE: Your Property Located At: 500 SW 15th Street . NOTICE OF INTENT TO FILE FOR SPECIAL EXCEPTION TO COMPREHENSIVE PLAN AND UNIFORM LAND DEVELOPMENT CODE, CITY OF OKEECHOBEE, BOARD OF ADJUSTMENT, LAND PLANNING AGENCY AND PLANNING BOARD Dear Property Owner; Please be advised that Southern Plantation of Okeechobee, Inc., owner of the property located at 309 SW 15th Street in Okeechobee, will be filing an application for a Special Exception, allowing the establishment of an ALF (Assisted Living Facility) on the site, with the City of Okeechobee Board of Adjustments, Land Planning Agency and Planning Board at their regularly scheduled hearing date of October 7 or 21, 2003. This application is in compliance with the current zoning of RSF1 (Residential Single-Family). Under Sec. 90-103. Special exception uses: "The following uses and structures are permitted in the RSF 1 district after the issuance of a special exception use petition: (2) Adult family care homes or assisted living facilities as provided by law." If approved, the new facility will have minimal impact on the area including motor vehicle traffic. If you, as registered owner of the property listed above, have any questions or reservations toward the granting of this Special Exception, please contact Faye Haverlock at (863) 357-2442 before 5 pm Monday, September 22, 2003 prior to the filing on Tuesday, September 23, 2003. Anyone not making contact prior to this date will be considered as not having any problem with the Special Exception petition. Faye A. Haverlock, President Southern Plantation of Okeechobee, Inc. $outbe_ra Plantation o£ Ok¢¢cbob¢¢, lac. ~09 SW 15th Street, Okeechobee, Florida ~4974 September 17, 2003 Dear Neighbors; The building located at 309 SW 15th Street is a landmark of past history created by the late Charles MeArthur. This 7,000 square foot Colonial Style structure would be a beautiful home where elderly citizens could enjoy the secure pool, patio and garden areas which feature tropical landscaping and birds of many colors. Over the past three years, my husband, Hershel, and I have spent many hours repairing and restoring this lovely home and have enjoyed its spaciousness. As you may imagine, it is way too much house for two people and we believe it is not being utilized to its potential. What a beautiful setting for our beloved seniors to enjoy. Our elderly Okeechobee residents, who need such a place to reside, will live in an environment providing the highest quality of life possible while ensuring safety, privacy and dignity. Having been in the assisted living business here in Okeeehobee for many years, Hershel and I truly understand the need for such a place and ask for your support toward making this dream a reality. Sincerely; Faye Havedock ..- O0/g oqi.lO 3sk~dslp pti',', ,~h~til~ttl ol ,~NI XX.h~LIID JO 'JOLJltll13tl~ Ol .IO 'DNg,)I I)l JO 'l[OS oj pUB o x.loNllo~ 'l.%~l~,j~] Ol .i,~.~kOtJ alii p,~lUl~J~ .Sq,~Jaq OJU S~ I~ IJ.Nf I ~1.1. Josso~m~S IIV Stl 8.xJ~S OI DI/LIIILIOD JO 8,~J~S JOLILIg) ()~()~()~ 2]NVI(I JLIOA0 mil uI 'O~O~O~ ?INVIQ 'JOiSts SflOlUgJ~) oq II~qs 1151.1.gflS.I. 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MVHHVM ~ IQQ~' bP ZE91'96-19Z aSS :aalu~ag 'o'a'" ~ '~u~ ~0 0LRE~ 15 ~ $ ~ [olS '~O}aa~ '~'g 906 $ :OI uJnlo}g~q poJgdoJd T q ' 7 ' " ........'" ' ' S 9 91 ]'~?,1 S 9 h,,n ~uuu ~ ~ = -- ~ T t I F' qll II "I- -I I _,.i August 6, 2003 City of Okeechobee Board of Adjustments Okeechobee, FI. 34972 To Whom It May Concern: I am writing this letter in regards to a "Special Exception" that I am petitioning for on property located at 302 SW 2"d Avenue, in the City of Okeechobee, Florida. If the special exception is granted, I intend to operate a small, one- man automotive repair facility. This repair facility will be for routine vehicle maintenance, in addition to diagnosis and repair of all types of vehicle malfunctions. I intend to limit my business to passenger vehicles only. I feel that a business of this type will not hamper the area in an adverse way or create any conflict with surrounding businesses. This property consists of one single building with 6 (six) bays and ample parking for all tenants. All bays, with the exception of the one that I am interested in, are currently occupied. An automotive detail shop, and automotive fire shop, an automotive electric shop and a custom sign shop occupy the bays. Sincerely, Roger D. Elgin Owner/Operator Choice Automotive '2 ! 5 4 3 2 ~ 6 ~' 4 3 2 i 6 7 Il 12 7 8 ~! ~2 7 8 ~ 5t~-;00-£0 "ON uoyYvd P~vodoad 'U?'lSt '(I a~go~t .'luvv. ydd? aaqoqoaa:'lO fO &.~O otti .'aof Paavdaad lsenbakl uo!ldaox-d le!oads- ~odekl j~elS 99~;-bt~-6£Z ~;~8~:- [06~2£ ~p!so[,4 'sao/tlN ~oA 90E o~!ns '~,oo:n,S uos31o~f ~£~ ~ -~ : I I ,, I ,1 L 1 Staff Report ~- AppliCa~ant's Name: Roger D. Elgin Special Exception Request Petition No. 03-006-SE Owner: Charles Andrew Lowrance, Trustee Owner Address: 844 NW Lakeview Drive Sebring, Florida 33870 Applicant: Roger D. Elgin, Proposed Tenant Applicant Phone Number 863-467-0132 / 863-634-1880 Lots 1 and 2 Block 138, Okeechobee, according to the plat thereof records in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, a copy of said plat being also recorded in Plat Bookl, Page 10, Public Records of Okeechobee County, Florida. The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the Heavy Commercial District for property located at 302 S.W. 2nd Avenue. The subject property is approximately 0.325 acre(s) fronting on S.W. 3rd Street and S.W. 2nd Avenue, which is subject to this Special Use Exception petition. The applicant intends to use a bay within the existing building for a small auto repair business. The building has public utilities and the adjoining property users are as follows: FLU Zoning Existing Use North: Commercial Heavy Commercial Business East: Commercial Heavy Commercial Business South: Commercial Heavy Commercial (alley), Residence West: Commercial Heavy Commercial Business When reaching a conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record the following findings: A. The use is not contrary to the Comprehensive Plan requirements. A small scale auto repair shop is not contrary to the Commercial Future Land Use category. B. The use is specifically authorized as a Special Exception use in the zoning district. This use is authorized as a Special Exception under this Zoning District. Pa§e ~[ PAGE )- Staff Report L AppliCant's Name: Roger D. Elgin Special Exception Request Petition No. 03-006-SE C. The use will not have an adverse effect on the public interest. The proposed use is limited in terms of impact. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The use is appropriate for this existing building. It is also within an intensive commercial neighborhood. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. This use is compatible with adjacent properties. F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Since this is a use within an existing building that may have legal non- conformities in terms of parking and landscaping, buffering may be limited. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Not Applicable. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. This special exception, if limited, should not have a negative traffic impact. { SEQ CHAPTER ~h ~r 1}Move that Petition No. 03-006-SE be approved with the following conditions: 1. The special exception is limited to this owner only. 2. This repair facility will not involve heavy auto mechanical repairs (body work, transmission, painting etc.) 3. This special exception is limited to passenger and non-commercial vehicles only. Submitted by: James G. LaRue, AICP Planning Consultant { TIME \~ "m/d/yy" } Page -,[ PAGE )- Julia Smith 316 SW 2~ Avenue Okeechobee, Fl. 34974 October 20, 2003 Bill L. Veach City of Okeechobee 55 SE Third Avenue Okeechobee, FL. 34974-2903 Ref: 302 SW 2nd Avenue Dear Mr. Veach: I am a property owner at 316 and 318 SW 2nd Avenue. I have lived in this house for 30 years. My houses do not have central ak and heat. The noise level from the nearby businesses make it very difficult to sleep. The businesses next to me have been very aggravating over the years. I think the exception is okay if some restraints are honored. For example, it would be nice to sleep at night without loud engine noises. It would be nice to walk down the sidewalk without vehicles parked on the sidewalk. It would be nice not to pick up garbage in my yard from the neighboring businesses and their customers. Businesses in a residential area need to closed at reasonable hours. Repair work should not be done in the street. Also, they should not be blocking the fire hydrant and the city alley way. It would also be nice not to have my own driveways blocked. All of these things I have mentioned are occurring on a regular basis. Where on earth do they plan on parking heavy equipment when they are already blocking everything? Do they plan on closing off the street? ResPect for one another is important. This is our home. Please remember that when you are making your decisions. Please keep in mind the availability of parking spaces, noise levels, and littering. Sincerely, Julia Smith