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2005-12-20 CITY OF OKEECHOBEE BOARD OF ADJUSTMENT DECEMBER 20, 2005 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Board of Adjustment, December 20, 2005, 6:30 p.m. Chairperson Ledferd called the December 20,2005 Board of Adjustment meeting to order at 7:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. . Board Secretary Cook called the roll: Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member John Whidden Alternate Carol Johns Alternate Epifanio Juarez Attorney John R. Cook Secretary Katrina Cook Present Present Present Absent - with consent Present Absent - with consent Present Present - serving as voting member Present - serving as voting member Present Present III. MINUTES - Secretary. . A. Motion to dispense with the reading and approve the Summary of Board Action for the September 27, 2005 regular meeting. Board Member Burroughs motioned to dispense with the reading and approve the Summary of Board Action for the September 27, 2005 regular meeting; seconded by Board Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA JOHNS - YEA JUAREZ - YEA LEDFERD - YEA MAXWELL - YEA WHIDDEN - YEA MOTION CARRIED. December 20, 2005 - Board of Adjustment - Page 2 of 5 IV. NEW BUSINESS. A. Consider Petition 05-005-SE: Stepping Stones Academy I, Inc. and Wayne and Lynda Evans are the property owners and applicants. The subject property is located at 400 and 412 Southwest 4th Street. The purpose for the request is to allow forpreschool/daycare center within the Residential Multiple Family (RMF) zoning district. . . Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultants, briefly described the Staff Report as follows: Planning Staff Report Item Before the Board of Adjustments: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the RMF Zoning District for property located at SW 4th A venue. The subject property lies within two Future Land Use categories. Lots 7, 8, 9 and 10 are in the Single Family category: lots 11 and 12 are in the Multi Family category. On a separate application the applicant is requesting a small scale Future Land Use Map Amendment for lots 7, 8,9 and 10 to Multi Family. If granted, the zoning and future land use classifications for the property would be compatible. Planning Staff Report Discussion: When reaching a conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record the following findings: (A) If the Small Scale amendment to Multi Family is granted the daycare facility would not be contrary to the Comprehensive Plan requirements.(B) Section 90-193(4) specifically allows daycare facilities as a special exception is in the RMF Zoning District. (C) The use has been on the property for years. Since its inception, there have been no adverse effects on the public interest and staff does not anticipate any in the future. (D) As noted above, the use is pre-existing. Surrounding uses in the area are compatible with each other. (E) The facility will not adversely affect property values, nor be deterrent to the development of adjacent property. (F) Unless the applicant intends to expand the facility's capacity, the use will not be required to be screened from surrounding uses. The facility has already been through the site plan phase and all requirements were met at that time. In a letter submitted with the application, the applicant stated that the intent is to expand the play area for the students. Staff concludes that the facility would not be expanded, thus parking, buffering and other site plan issues will not have to be reviewed again. (G) The facility has not created a density pattern that would over burden public facilities. (H) The use will not create traffic congestion, flooding or drainage problems. Planning Staff Report Recommendation: Move that Petition No. 05-005-SE be approved based on the findings contained in this report. Additionally, the day care shall operate within normal weekday business hours. Proper ingress and egress for dropping off children shall be demon- strated. December 20, 2005 - Board of Adjustment - Page 3 of 5 IV. NEW BUSINESS. A. Consider Petition 05-005-SE, continued. . B. Consider Petition 05-006-SE: Alejandro and Janet Estremera are the property owners and applicants. The subject property is located at 711 North Parrott A venue. The purpose for the request is to allow for an outdoor vehicle sales lot within the Heavy Commercial (CHV) zoning district. . There was no public comment, nor any Board discussion. Board Member Burroughs motioned to approve Petition 05-005-SE allowing a preschool/daycare center within the Residential Multiple Family (RMF) zoning district based on approval of Comprehensive Plan Future Land Use Map Amendment Application 05-014-SSA being granted by the City Council on January 3,2006; seconded by Board Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA JOHNS - YEA JUAREZ - YEA LEDFERD - YEA MAxWELL - YEA WHIDDEN - YEA MOTION CARRIED. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultants, briefly described the Staff Report as follows: Planning Staff Report Item Before the Board of Adjustments: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the CHV Zoning District for property located at the SW corner of NE 8th Street and US 441. Planning Staff Report Discussion: When reaching a conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record the following findings: (A) The subject property has a commercial land use and the requested use is not contrary to the Comprehensive Plan requirements. (B) Section 90-283(18) specifically allows outdoor vehicle sales lots as a special exception use in the CHV Zoning District. (C) The use will not have an adverse effect on the public interest. The use must be properly screened and designed to avoid negative traffic impacts and unsightliness. (D) The proposed use is appropriate for this location and compatible with the surrounding uses. (E) The use will not adversely affect the property values in the area. If maintained properly, the use will not be a deterrent to the development of adjacent property. December 20, 2005 - Board of Adjustment - Page 4 of 5 IV. NEW BUSINESS. B. Consider Petition 05-006-SE, continued. Planning Staff Report Discussion, continued: (F) The use may be required to be screened from surrounding uses. The use must be properly screened and designed to avoid negative traffic impacts and unsightliness. (G) The use will not create a density pattern that would overburden public facilities. (H) The use will not create traffic congestion, flooding or drainage problems, nor will it affect public safety. . Planning Staff Report Recommendation: Move that Petition No. 05-006-SE be approved based on the findings in this report, subject to the following conditions: (1) Adequate parking for customers and landscaping is to be provided. (2) Car lot shall be paved with the proper railings. (3) Cars will be displayed in a properly marked paved area. Board Members requested clarification regarding the conditions that the Staff Report outlined. Jennifer Morgan, representative of LaRue Planing and Management, explained that an adequate amount of parking for the customers will need to be provided and that it will need to be clearly marked. She also explained that the car lot shall be paved with proper railings to distinguish the right-of-way from the car lot. John Cook, City Attorney, recommended limiting this Special Exception to the current land owner. There was no public comment, nor any Board discussion. . Board Member Hoover motioned to approve Petition 05-006-SE allowing an outdoor vehicle sales lot within the Heavy Commercial (CHV) zoning district with the following conditions: (1) Adequate parking for customers and landscaping is to be provided, (2) Car lot shall be paved with the proper railings, (3) Cars will be displayed in a properly marked paved area, and (4) this Special Exception is limited to the current land owner; seconded by Board Member Whidden. ~c\:moer.9.0, 2005 - Board of Adjustment - Page 5 of J. 3 IV. NEW BUSINESS. B. Consider Petition 05-006-SE, continued. VOTE BURROUGHS - YEA HOOVER - YEA JOHNS - YEA JUAREZ - YEA LEDFERD - YEA MAxWELL - YEA WHIDDEN - YEA MOTION CARRIED. . v. ADJOURNl\1ENT - Chairperson. There being no further items on the agenda, Chairperson Ledferd adjourned the Board of Adjustments meeting at 7:09 pm. 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 of the D ATrES~: " ~!\ ~lV\ [L LOCi,\( J Katrina Cook, Secretary . . . PAGE -1- - CITY OF OKEECHOBEE - DECEMBER 20, 2005 - BOARD OF ADJUSTMENTS - HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: December 20.2005. Board of Adiustment Regular Meeting 7:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Present j Absent v Board Member Devin Maxwell Board Member Douglas McCoy Board Member John Whidden ) v\J\(\~ Alternate Carol Johns coe~. I'C\ OS \JO ~r'\ Alternate Epifanio Juarez \. ('I'-~ Attorney John R. Cook Secretary Katrina Cook III. MINUTES - Secretary. A. Board Member \ b moved to dispense with the reading and approve the Summary of Agency Action for the September 27,2005 Regular Meeting; seconded by Board Member ~R- . VOTE Burroughs Hoover K. Keller T. Keller Ledferd Maxwell McCoy YEA NAY ABST AIN ABSENT MOTION: CARRIED - DENIED . . PAGE -2- IV. New Business - City Planning Consultant. A. Consider Petition 05-005-SE: Stepping Stones Academy I, Inc. and Wayne and Lynda Evans are the property owners and applicants. The subject property is located at 400 and 412 Southwest 4th Street. The purpose for the request is to allow for preschool/daycare center within the Residential Multiple Family (RMF) zoning district. J~nn\nY mO,(~0 \ '(~'9r.Q5xh-tailVt O~ Lct~w ~\j),f)~ U'1C) ond l"Y'U,ro g ~mJY\ 1- ) 'oY\etl~ o\.wc~d &-to-Pt Ky)OV-+. \\09UD\ \L commm+ - no fulrd dlSCU8S IOn T6 mOT\Ofl -to QVOYU\JCL) DH seconaL . . PAGE -3- B. Consider Petition 05-006-SE: Alejandro and Janet Estremera are the property owners and applicants. The subject property is located at 711 North Parrott Avenue. The purpose for the request is to allow for an outdoor vehicle sales lot within the Heavy Commercial (CHV) zoning district. Jexlh'If-cY morqon, rQ,rr~~-toiJvt Ot- It\$\.,U ?\,Q1I\lUJC\ ~ mOJ)J~VYUJl~ I bY \ e f t'-1 clw (x\A;:)Q d a-o~.(J ~po V J . KlLOynvY$.~nd C~~~YOVO \ vV J "3 011 puIO-Tt Oh s . J vJ - V\l hCt-t K'-ha ot raL ( ? J-rn - I hq(ljX)) egr Jij:J) Ctr~5 GUavvy morlcedv 0~PllV' a it f"'OJ pro P~(ry -fY'Q YIA- 12 - 0 - N. rtcoyvLtyLznd -M'\w tN 60cUl~ UL - \ 1m l+ 2>E -to wrr--tn-f Land owruiG no 9'-JvDlL~ LDmn'LLYL+-- l!\-\ rnot\On /tD Cl9pmvt wi 3 cs-hPUIOllovLS lX\ 8+0 ft 'Kcpor -+ + L I m rl1nq -+h 0 Sl:: -to GlArr xn-+ OVVtLM. uv0 seCOf\a.. t\u ~fu, - . PAGE -4- V. ADJOURNMENT - Chairperson Ledferd at 1 : 01 p.m. I. II. . III. . IV. CITY OF OKEECHOBEE BOARD OF ADJUSTMENT MEETING DECEMBER 20, 2005 OFFICIAL AGENDA PAGE 1 OF 2 CALL TO ORDER: Board of Adjustment, December 20, 2005, 7:00 p.m. - Chairperson. CHAIRPERSON, BOARD MEMBER AND ST AFF ATTENDANCE - Secretary. Chairperson William Ledferd V ice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member John Whidden Alternate Carol Johns Alternate Epifanio Juarez Attorney John R. Cook Secretary Katrina Cook MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the September 27, 2005 regular meeting. NEW BUSINESS - City Planning Consultant. A. Consider Petition 05-005-SE: Stepping Stones Academy I, Inc. and Wayne and Lynda Evans are the property owners and applicants. The subject property is located at 400 and 412 Southwest 4th Street. The purpose for the request is to allow for preschool/daycare center within the Residential Multiple Family (RMF) zoning district. B. Consider Petition 05-006-SE: Alejandro and Janet Estremera are the property owners and applicants. The subject property is located at 711 North Parrott Avenue. The purpose for the request is to allow for an outdoor vehicle sales lot within the Heavy Commercial (CHV) zoning district. DECEMBER 20, 2005 - AGENDA - PAGE 2 OF 2 v. ADJOURNMENT - Chairperson. 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 official records of the Department of General Services. City of Okeecbobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: \ \ 1st Hearing: Petition No. OS- 005 .. 5E Jurisdiction: BOA 2nd Hearing: N I ft Fee Paid: Notices Mailed: Uniform Land Use Application Rezone · S ecial Exce tion · Variance t/ Name of property owner(s): ~te ~'\vrlt'.} ~~'''' \ \~i: + We 't\e .. lynJG EvC?V\j Owner mailing address: \5"5'1'- C\\~J' TeY'1'". tJ. 'J"'1'~-\o,J Fl- 33,;1& Name ofapplicant(s) if other than owner (state relationship): Applicant mailing address: Name of contact person (state relationship): Ben ~'. t\\~...e.lJ... ~"'''\c.r-ft: Contact ersondaytime hone(s): S''-' 1lf~ 17(..0/5"(;,-'5"'1[;, F: S'-J ,L\& 17'" t/ Property address / directions to property: ~OC -i '-t,~ S~ "\'\\ S'\y~-t I Pre S...\....wi i Indicate current use of property: .... Describe improvements on property, includin~ npmber/type of dwellings and whether occupied (if none, so state): ... \\ ro(;.":Y\ pre c,)L~i -do r"'''' ,.....\ C\v'\.of rlc:.7S t-ov ~JJ Approximate number of acres: 3/... Is property in a platted subdivision? p Is there a current or re~nt use of the property that is/was a violation of county ordinance? If so, describe: R' e SCl>~oc~\ 0 Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, p nature and applicant's name: lJ..~ E R Is a sale subject to this application being granted? No T y Is the subject parcel your total holdings at tha~ocatiOn? Ifnot, describe the remaining or intended uses: es .... Describe adjoining land uses / improvements to the North: M\1\+, U" l\" h()-J \i i'\) South: C\..v r"'e h East: Pt\v-kt~\ ... s '\vor-"''sc West: Nly\t; l>'3t" S fQV~ ('>~L- I Existing zoning: Res lJt"^-\~\ tf\"it. ~,l7 !:..uture Land Use classification: Pl"e S~~cU i 1< Actions Requested: L-J Rezone c6Special Exception L--> Variance Imm Pa~celIdentification Number: 3-\ 5- 37- 3.5.... blln- 6lR'1O - 607b ~ (-\3 -~s'-37-a)-oo/o -6}/$'lo-'Ol >0 t/ 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 fme of up to $500.00 an imprisonment of up to 30 days and may result in the summary denial of this application. Uniform Land Use Application (rev. 1/03) Page 1 of 2 Current zoning classification: Requested zoning classification : What is your desired permitted use under the proposed classification: If granted, will the new zone be contiguous with a like zone? Is a Special Exception necessary for your intended use? Variance? Describe the Special Exception sought: o peV'4'\1~~ o{. G\. Pn {Lku.\ ' Provide specific LDR ordinance citation: S'ec..~ qo - t q3 C4') Are there other similar uses in the area? Is so, describe: '(e~ Why would granting your re'luest be ill the best inter~st of1he area and residen,ts? ~O ~~lll'cJ WJc,.J\J ""l~ v~e "lo".\ Q.."L' ~"t~ ~'"t ~ s l"'c. .~ Y ~.,-), over \I\~v~ .-\0 ~\H'\.\P 1\\C'\;" C~\Urt"V\ ,..r lJie H c.l~ nlC':d , Ifbusiness, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of abuilding: Pre Sc\"o..;\), ,S"' eM.~(.t.ielJ' \Vli'\ie c;\~V\g"",-~~ \s \\~ ~~..f ~ rk'f~~ ~n:;( ~ 30 cv..'\6I'Yn"\ ~1- A '~l~ . Describe Variance sought: Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the rniniri:l.UID variance necessary? Uniform Land Use Application (rev. 1103) Page 2 of 2 . . . Stepping Stones Academy I 400 sw.f' Street (863) 467-9908 Fax: (561) 748-7760 November 4, 2005 City Of Okeechobee 55 S.E. ThirdAvenue Okeechobee, Florida 34974-2903 RE: Special Exception for Stepping Stones Academy I 400-412 S.~ I" Street Statement of Interest in the Property: We purchased Stepping Stones Academy in May of 2004 and added the lot at 412 S. ~ I" Street this year to increase the size of the play areas, especially for children agesfwe through twelve in the school's elementary after school and Holiday/summer camps. Special reasons and bases for request: Through new construction, capacity of the preschool has been increased to accommodate Okeechobee's growing preschool population and the state's VPK program which commenced in 2005. The adjacent parcel has been added and the residence on that property removed to provide spacious play areas which far exceed state and county regulatory requirements for preschools. The school currently provides valuable services to working parents of over 100 children in a state of the art facility, featuring hot lunche$ with breakfast and snacks, all prepared on site. Investment in the educational programs include new classrooms and staff training via employment of a private Palm Beach County School to teach the CDA program specifically to Stepping Stones employees on site at Stepping Stones Academy Ion Saturdays. The CDA is the equivalent of twelve college credits and is required by the state of Rorida to teach a VPK class. The city of Okeechobee currently has a shortage of preschool teachers with this qualifICation. Stepping Stones currently has twelve employees enrolled in this program which will insure quality teachers in aU classrooms, also exceeding state and county regulatory requirements. This request should be granted because the existing use has historically been at the site. Under new ownership the quality of the physical facility and the programs it offers has been dramatically improved offering the families and children of Okeechobee the same quality of environment and educational opportunities as larger urban facilities in coastal communities in Palm beach and Broward counties. (page 1 of 2) Intended use, nature of activities and development of Property: The school serves families with children one year to twelve years of age. The primary service provided is encouraging each child's optimum potential through an age and developmentally appropriate environment with educational programs designed to prepare children for success in the public education system. The program promotes positive self-image, love of books and learning, while providing convenience and peace of mind for working parents. In addition to pre-school classroom programs, Stepping Stones provides programs for elementary age children with before and after school programs and camps with varied activities. Just as in the pre-school programs, elementary programs encourage emotional, social and intellectual growth. To support this program Stepping Stones has purchased a 47 passenger bus with seatbelts to provide safe transportation to surrounding and beach communities and access to their museums, parks, zoos, animal compounds, cultural and various other education treasures. This program both entertains and stimulates students while providing piece of mind for working parents. Thank you, :JraVN J. ~ Wayne EJans . . 1111I1111111111111111111I1111111111111111111111111I111111111 Barry L. Clayton, Esq. 480 Maplewood Drive, Suite 5 Jupiter, Florida 33458 FILE MUM 2004010228 OR BK 00533 PG 0769 SHARDrl ROBERTSDrlr CLERK OF CIRCUIT COI.'l OKEECHOBEE COUNTY, FL RECORDED 06/01/2004 10:43:58 AM RECORDING FEES 6.00 DEED DOC 1,925.00 RECORDED BY M Anuez This instrument was prepared by and return to: Folio Nos. R 3-15-37-35-0010-01810-0100 R 3-15-37-35-0010-01810-0110 WARRANTY DEED (STATUTORY FORM - SECTION 689.02, F.S.) THIS TNDENTURE, made this i~+Yaay of May, 2004, between Loal U. Donaldson, an un-remarried widower, whose address is 6681 SE 13lh Street, Okeechobee, Florida 34974, Grantor., and Schools Depot, Inc., a Florida corporation, whose address is 18351 River Oaks Drive, Jupiter, Florida 33458, Grantee., WITNESSETH that said Grantor, for and in consideration of the sum of Ten ($10.00) Dollars, 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 successors and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to-wit: The East one-half (E 'h) of Lot 9, and all of Lots 10, 11 and 12, Block 181, OKEECHOBEE, according to the map or plat thereof recorded in Plat Book 5, Page 5, Public Records of Broward County, Florida. RECORDED AS RECEIVED and said Grantor does hereby fully warrant the title to its interest in said land, and will defend the same against lawful claims of all persons whomsoever. · "Grantor" and "Grantee" are used for singular or plural, as context requires. TN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: 'J r:;-:-" . ;(I'/IC. U !. ),.71 {yl-il {"'r LOAL U. DONALDSON STATE OF FLORIDA COUNTY OF OKEECHOBEE THE FOREGOTNG Warranty Deed was acknowledged before me this ~fl.aay of May, 2004, by Loal U. Donaldson. He is personally known.to me or has produced his Florida driver's license as identification. ~~~ NO ARYP IC /) ~ . I 0"".:"".- BARRYLClAYTON Name (p mted): /...":>:J-, u'f J.... Llr'l' to I :aW. MYCOMMISSION'OO060546 My Commission Expires: . jClII/I!.c1 Y) ~ EXPIRES: October 1.2005 -) "'J:,~OH"'rJ#'-~ Bonded Thrv Budoel NOla,., S.rva. IIIIIIIIII~ 11111 11111 11m 111111111111111111111111I111I1111 Pre oared bv and return to: JOHN D. CASSELS, JR. Attomeyat Law Cassels & McCall 400 NW 2nd Street Okeechobee, FL 34972 F~LE HUM 2005006743 OR BK 00558 PG .0825 SHARON ROBERTSON. CLERK OF CIRCUIT COUR. OKEECHOBEE COUNTY. FL RECORDED 04/05/2005 10:07:42 AM RECORDING FEES 10.00 DEED DOC 630.00 RECORDED BY C Darst File No.: 2629 Parcel Identification No. 3-15-37-35-0110-01810-0070 rSpace Above This Line For Recording Datal Warranty Deed CST A TUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 1st day of April, 2005 Between J. R. MINEHAN, JR., a single man whose post office address is 412 S.W. 4th Street, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantor', and WAYNE S. EVANS and LYNDA M. EVANS, his wife whose post office address is 18351 River Oaks Drive, Jupiter, FL 33458 of the County of Palm Beach, 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 in Okeechobee County Florida, to-wit: Lots 7,8 and the West Yo of 9, Block 181, TOWN OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 11, Public Records of St. Lucie County, Florida and in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. . "Granto~' and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivired in our presence: // , 2 . ) /7;:'.-. ) . . 'f.> .;~ )J.j he).. '-., , J. R.:~INE N, JR. I State of Florida County ofOkeechobee ~f/ The foregoing instrumeyt was acknowlep e9 before me this ~ day J? April, 29.05 by J. R. MrNEHAN, JR., who U is personally known or ~ has produced \.... . . ..,.r" . as id tification. [Notary Sea IJ ~, Karin Ammons ! ",:..,{' ...... \.1'< Commission 00211896 '1 C-~'I....J"': c..;.;J1;8sJuly 11, 2007 LEGAL DESCRIPTION LOTS 7, 8 AND THE WEST 1/2 OF 9, BLOCK 181, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT FILED THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS en..., OF ST. LUCIE COUNTY, FLORIDA AND IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SURVEYORS NOTES 1. BEARINGS AS SHOWN HEREON ARE BASED ON THE WEST LINE OF LOT 7, HAVING A BEARING OF SOO'01'50"W, ALL OTHER BEARINGS ARE RELATIVE THERETO. 2. 3. UNDERGROUND IMPROVEMENTS, IF ANY, WERE NOT LOCATED. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR. SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE "BOUNDARY SURVEY" AS SHOWN HEREON IS A TRUE AND CORRECT REPRESENT A TION OF A FIELD SURVEY MADE UNDER MY DIRECTION AND CHARGE ON MARCH 14, 2005 AND SAID "BOUNDARY SURVEY" IS TRUE AND ACCURAJE TO THE BEST OF MY KNOWLEDGE AND BELIEF. IT IS FURTHER CERTIFIED THA T THIS "BOUNDARY SURVEY" COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS FOR "BOUNDARY SURVEY" SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. .;, . ci. o E NORTHSTAR GEOMATICS, IN~' --~~ --- '--- ~~~lg~Y R~'GI~LfR~ TI~N P NL6~' 4350 __!/i.?jQL___ DATE '" . . . g. e CERTIFIED TO: WAYNE S. EVANS and LYNDA M. EVANS AMERICAN BROKER CONDUIT CASSELS & MCCALL, ATTORNEYS AT LAW A TTORNEY'S TITLE INSURANCE FUND OR LAND AMERICA/ COMMONWEALTH LAND TITLE INSURANCE COMPANY, INC. u ~ . u . e LOT G LOT 5 LOT 4 35.00' I 5' ALLEY (NOT OPEN) Nag" '31"W 25.00 \ De" I 50.00' 50.00' SET 5/8" I.R.C. OFFSET 1.0' EAST LB 7217 "WITNESS" io r') <i N 10.42' WOOD SHED ~ ;., o~ /;r~g~~ LIGHT ~~ o EXISTING 18.30' rWELL -- a.~ -- b'io 1010 NN "It"lt ~~ 51.65' CONCRETE STEPS 42.29' WEST ONE EAST ONE HALF OF LOT 9 HALF OF LOT 9 I\) EXISTING ONE P STORY WOOD ~ FRAME RESIDENCE 17.67' UJ io ai 22.00 b COVERED b "! CONCRETE "! ~ CARPORT ~ 'WALK" ~ 22.00' . q 16.30' ~ 8.05' ~ o (:) o z LOT 7 io N ;: LOT 8 ~ BLOCK 181 N ... 35.00' b o o \0 FOUND BOAT SPKIE NO ID FIFTH AVENUE (FLAT) 5...AJH STREET (POSTED) 100' RIGHT OF WAY GRASS ISLAND FOUND 5/8" I.R.C. LB 959 PKW FND. I.R.C. P.L.S. NO. (C) ID (M) (P) LB en, OHU o 15 30 I:=::l I==l I GRAPHIC SCALE IN FEET ABBREVIA TIONS FOUND PK NAIL AND FOUND IRON ROD & CAP PROFESSIONAL LAND NUMBER CALCULATED POSITION IDENTIFICATION MEASURED PLAT LICENSED BUSINESS WOOD POWER POLE OVER HEAD UTILITIES WASHER SURVEYOR DATE REVISIONS DATE 3/15/05 SCALE 1"=30' FIELD BK. DYNG. BY BlAT CHECKED BY~ ~ w > ~ ~ [J) ~p:: ~~ ~ Q Z ~ o co if) z <( ..: :> e r:il 0:: <(rilO cdg~ ZO . :><:r:~ ~t.>z ril;::> ~O.,J ril 0 co:'::u if)O~ zc...~ <(O~ >>-::I: r:ilt:~ ~t.>~ Z ~ :>< <( ~ SHEET NO. OF ----L- SHEETS PROJECT NO. 06-036 BOUNDARY SUR~Y PREPARED STEPPING STONES ACADEMY. I DESCRIPTION: THE EAST 1/2 OF ' i:iE:Eci~' R~~~~~~~l, OKEECHOBEE, l~~C~R~~~ ~~ ~ ~O~ 10. RECORDS OF OKEECHI~B:€A cio~~~ ~L6~g; 5, OF THE PUBLIC SUBJECT TO RESTRICTIONS R' . RECORD, IF ANY. ' ESERVATIONS AND EASEMENTS OF I AOpRESS: 400 S. W. 4TH STREET F.I.R.M. ZONE: ZONE UNDETERMINED, PARCEL LIES WITHIN OKEfECHOBEE CITY LIMITS. AREA SERVED BY MUNICIPLE STORM SEWER. PARCEL 10: r (LO! 10 &: E. 1/2 LOT 9) .3-15-.37-35-0010-01810-0070 (LOTS 11 Be 12) 3-15-37-35-0010-01810-0110 , DATE OF LAST FIELD SURVEY: 06/10/03 . J w ...J" ::> <(~ riz zo~~~ ~ .<( F=z ""'" r<(w"'F zm"oo ww :z:uz. FZO~ wF=(I) Z^"'<( ow>o I.L.WZ oW...J<( WO:::LL1 (I) 0 <( .0" m~~ . wcn(l)O::: O:::""'":Jcn <(l.L.m O::>I.L. Z 0..0 S ~ -0:: 0:::1-1 I.&J w<~z :z: 0 =-=~ ;Z...J~U ~<(m OUI W :z:F=...=cn (/) 0::: . cn~~1- ....:. C; <( .o:::.u ~F=<(S r-wOI- <(0-<( >oO:::u ~woo w"li.... w => ~ < i!= It) "Ji ~I '" tnl < w SOUlHWEST CORNER OF BLOCK 1S1 FOUND 5/S" IRON ROD '" CAP "LB 959" HELD FOR N. R/W ALlIGNMENT LOT 4 LOTJ L '\0 '- P' 15' WIDE ALI..EY ~ (OPEN) S 89"58'00" E 175.19'(M) ~ '\o~ . '" 1- '$t '\ P' T '}.9f:>_. r i 75.19'(M) 75.OO'(P) I FOUND 5/S" IRON ROD ....~ '" CAP 'LB 959" :\\V" I ~\J~<;j....Ji..c:J.-'\," - W1/2 ~ LOT 9 '0 10 N ~ ~ rr-: ~o I "'''"''1:'' """"1 ~ - 30.0' - E 1/2 LOT 9 LOT 11 )( ..P>'" .-p - ::II -- ~ 10 eoi ~ ~ ~ f"l C' a:I ~ '0 o ~ o z N 90'00'00. W b d It) FOR INC. ~ NORTH GRAPHIC SCALE e 30 0 ~ 15 , ( IN 30 I FEET ) = 30 ft. 60 I ~ :'::.i.ch LOT 2 -L ..OT1 FOUND l' IRON PIPE (NO 1.0.) HELD FOR W. R/W ALLlGNMENT P __~4 29.~ . ~I~ Z'" ~R <~ a < ~~ ~-:J. J: . a. ~g rn 29.'/. '109 35.0' -- SOUlHEAST CORNER .9 OF BLOCK 1S1 FOUND 5/S" IRON ROD '" CAP 'RLS 2084" HELD FOR N. '" W. R/W ALLlGNMENT b g BENCHMARK NORlH RIM OF MANHOLE ELEV=29.19 (NA lIONAL GEODETIC I VERTICAL DA lUM 1929) I <;) ..,<;). NOlE: lHERE ARE MULTIPLE FLOOR LEVELS W1lHIN lH: FACILITY. '\ ~ ~ S.W. 4TH STREET (ASPHALT ROAD) 100' R/W STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the 'Jands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted, No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper {#4820, There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey, This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F,A.C.) ursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: GERAlD R. BOYD, ESQ. STEPPING STONES ACADEMY I, INC. FLORIDA FIRST CAPITAL FINANCE CORPORATlON MITCHEll. L BERKOWITZ, P.A. FIRST PEOPLES BANK BARRY l- CLAYTON, ESQ" U.S. SMALL BUSINESS ADMINISTRA110N ATTORNEY'S 1111.E INSURANCE FUND, INC . SCHOOLS DEPOT, INe DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE BEARING REFERENCE: SOUTH LINE OF BLOCK 181, TAKEN TO BEAR N 90.00'00" W . TRADEWINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND MAPPERS 113 NW 11th Avenue Okeechobee, FL 34972 Tel: (863) 763-2887 ~ ~ .j .. \.. .., i'i.. n_ _ n~Y1~-I-~ -t-~ b~? 1-j Kenneth A. Breaux, Jr. (PSM 4820) Certificate of Authorization No. LB 6711:1 "\ ) \ ~ ..... . DESCRIPTION BOUNDARY SURVEY ADDED TOPOGRAPHICAL INFO REVISE NAME REVISE NAME REVISE CERTIFICATION NAMES FB/PG: 55/74-77 FILE: . 17139 DWG. DATE BY 02/18/03 WC 06/10/03 JS 10/31/03 WC 03/,24/04 AS 04 16 04 WC SCALE: 1" = 30' JOB NO: 17139 CK JAW JAW JAW KAB KAB . LEGEND O-Set Iron Rod and Cap TWPS 6719 O-Found COM .-Found Iron Rod (ar....j Cap) @-Found Pipe (and Cap) I ABBREVIATIONS 11 ll=tJoselinp.; BhI:<' ;nctnlOrk' <::.=Center"~e; (C)=Colculoted; CA TV=Coble TV; CM= ,I C""cr,L Mord"'.~"t; C'()NC---,~ wt,;',,; u,~Geed; ~=Delto or Central Angle; E=East; I. E'LY=Ec.;(e:':y; :. "'.~c- ..' ;': Y;~nt- ESMT=Easement; F.I.R.M.=Flood Insuronce , <,ote I>,;"p; FND=f'.c,:'" . -'=tr v. ,,~&(C)=lron Rod (ond ID Cap); L=(Arc) Length; J (M):,,:M~~~ured; ~H=;~a"h(\!&..:., '" ,h; N'L Y=Northerly. NGV(O)=Nationol Geodetic : V"rt:cc' (Dotum, of 1929; N f:i~I'.ot to Scale; OHW=Overhead Wires; I(=Property !.ire; P~"lat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Poillt of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT=Point of Tangency: PU&D=Public Utilitiy ond Drainoge; R=Radius; R/W=Right-of-Woy. S,:,South; S L Y=Southerly:. T=.Tangen~*TfL=Telephon~ Splice or Switch Bo~; W=West; W L Y=Westerly; UTIL=Utillty(tes); ..--""=Spot Elevation based on indicated Dotum. \ , V LaRue Planning & Mana etnent Services, Inc. e 1375 Ja_n Street, Suite 206 Fort M~Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning~att.net Staff Report - Special Exception Request Prepared for: The City of Okeechobee Applicant: Stepping Stone Academy, Inc. Petition No.: 05-005-SE Staff Report Special Exception Request Applicant's Name Steppmg Stones Academy, Inc.: Petition No. 05-005-SE General Information: Owner: Stepping Stones Academy, Inc. Contact Person Ben Littlefield Owner Address: 15576 91st Terrace N. Jupiter, Fl 33478 Owner Phone Number: 561-748-7760 Legal Description of Subject Property: Lots 7,8,9,10,11,12, Block 181, Okeechobee. Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the RMF Zoning District for property located at SW 4th Avenue. The subject property lies within two Future Land Use categories. Lots 7, 8, 9 and 10 are in the Single Family category: lots 11 and 12 are in the Multi Family category. On a separate application the applicant is requesting a small scale Future Land Use Map Amendment for lots 7,8,9 and 10 to Multi Family. If granted, the zoning and future land use classifications for the property would be compatible. Background: The subject property is approximately 0.981 acre(s) fronting on SW 4th Ave which is subject to this Special Use Exception petition. The applicant intends to continue a daycare facility on the property. The dwelling has public utilities and the adjoining property users are as follows: North: Multi Unit housing East: Parking & Storage South: Church West: Pre School Consistency with Land Development Regulations: 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. No, if the Small Scale amendment to Multi Family is granted the daycare facility would not be contrary to the Comprehensive Plan requirements. Page -1- Staff Report Special Exception Request . Applicant's Name St.ng Stones Academy, Inc.: Petition No. 05-005-SE B. The use is specifically authorized as a special exception use in the zoning district. Yes, Section 90-193(4) specifically allows daycare facilities as a special exception us in the RMF Zoning District. C. The use will not have an adverse e..ffect on the public interest. No, the use has been on the property for years. Since its inception, there have been no adverse effects on the public interest and staff does not anticipate any in the future. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Yes, as noted above, the use is pre-existing. Surrounding uses in the area are compatible with each other. E. The use will not adversely C{ffect property values or living conditions, nor be a deterrent to the development of adjacent property. No, the facility will not adversely affect property values, nor be deterrent to the development of adjacent property. F. The use may be required to be screenedfrom surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Unless the applicant intends to expand the facility's capacity, the use will not be required to be screened from surrounding uses. The facility has already been through the site plan phase and all requirements were met at that time. In a letter submitted with the application, the applicant stated that the intent is to expand the play area for the students. Staff concludes that the facility would not be expanded, thus parking, buffering and other site plan issues will not have to be reviewed again. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. No, the facility has not created a density pattern that would over burden public facilities. H. The use will not create trC{ffic congestion, flooding or drainage problems, or othen,vise affect public safety. No, the use will not create traffic congestion, flooding or drainage problems. Page -2- Staff Report Special Exception Request Applicant's Name Steppmg Stones Academy, Inc.: Petition No. 05-005-SE Recommendation: Move that Petition No. 05-005-SE be approved based on the findihgs contained in this report. Additionally, the day care shall operate within nOffilal weekday business hours. Proper ingress and egress for dropping off children shall be demonstrated. Submitted by: James G. LaRue, AICP Planning Consultant December 5. 2005 Page -3- 1st Hearing: \ ~ Publication Dates: I::? I ~ 4 J Petition No. .- OOli - s~ BQ.~ City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: Fee Paid: Jurisdiction: 2nd Hearing: A Owner mailing address: Notices Mailed: V Name of property owner(s): Name of applicant( s) if other than owner (state relationship): Applicant mailing address: Name of contact person (state relationship): J/}J?c-T Property address / directions to property: 7} I A.,/. '/he..e ~7 T Indicate current use of property: AI 07 IV U S ~ l/~. Describe improvements on property, including number/type of dwellings and whether ccupied (if none, so state): '..{]{J/Jt:Le7E &;JILb/ V~ '8H~ t!!~I!c--T~ /J-8P~ 7 Approximate number of acres: .. Is property in a platted subdivision? )/ tJ Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: NO Have 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: ND Is a sale subject to this application being granted? 10 Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: L filU J+{) /-:.e -.f South: {!~mft./T(;;RJ7lJ/ZB3-ast:/J?ee.#/')-/JICS6h:Jf? West: GgS {! omj/$J Existing zoning:u H V Future Land Use classification: tJomrn~e EA~ Actions Requested: L-.J Rezone ~ Special Exception L-.J Variance Parcel Identification Number: -;.,s---S 7- v 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 $500.0 an . p' ollIDS1lt of up to 30 days and may result in the summary denial of this application. \.J/H'JE7 2T..e~mYtl} /IJ - /9 -l)S- Printed Name Date Uniform Land Use Application (rev. 1/03) Page I of 2 Current zoning classification: Requested zoning classification: What is your desired permitted use under the proposed classification: If granted, will the new zone be contiguous with a like zone? Is a Special Exception necessary for your intended use? Variance? Describe the Special Exception sought: 007bOLJ.e- VE-H(CL 6:- S/JLGS LOT PrOviQ~Ci~::; :;inan(c;t:p): Are there other similar uses in the area? Is so, describe: ND Why would granting your request be in the best interest of the area and residents? ,t'\. .::Tr U//LC- .<3~ ,/}- .P-/e-U k.6-/7' tJ!.hl-/C. LOT /}7;)..v /;3 CJ/J ~ /J),;?}//) J-ku AD F1iom ee/.()~-rf~ Ifbusiness, briefly describe nature including number of employees, hours, noise generation and activities to be con~ucted ~ide of ~ building: -4~o S /JL(;; S rO E/?7 / ~bJij &Gs 9. 00 /(J ~. _ moo - F/P. / r frnlY q! DC> Tv~: tJD ~fl?7: . . -0 . Describe Variance sought: Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 '" . .. ~ . . /{)-/9-oS J1 DLd~t-~~~~ as 7//?J./~.tZu, a~ avbg dL .60~ 2C5 {]~ 0/ ~q.<u /Lz-? P aJ OM --La>'- ayC ~ Joaa;;r-~ . J-t- ~ Iu. ~ {) cYJ -{:Lv -o~ 0/ U;a.ed U&C-ZO/?l ~ e JLo/)~ ~/ _k~~~ (J~E7 ~J' T~ ~r/)~.4 w~ I - - -r-- - - -- - - - ct--- - - - ~ ~URTEENTH ~~ _ _ _ _ _ _ "",_ _ 50.07' _ _ -l_ NW 8TH, STREET '. SS9'54'27"W I I ~I ~ I . EDGE OF PAVEMENT 0. I ' : U '. quo w I 6 CORRUGATED 511 6 :;:; I, ~o.~ I 0.. ~AL :IP~ _ _C~ERU~E SWALE __ _ _ 0.. r<) g I SPRINT . MH NS9'S4'27"E 142.50' 50.001, I ~ I 0" I 1 NS9'5S.',44'W- - -, ~ PSM 5DS1 I . .1 I I 10 J ~ 12 : -o:t '" ,0 i~ 16W I ~ rv :::> I . 0. u.. I ~ UJ I 2 ! ~ ~ I~~ I ~ ~ <{<{ : ~ I ~ i g~ ~I(j")~ I 17.45' ~ ~ z ...........0 8 ~ ~I 0::: ~ " ~ ~ ~IZ~ 0. g IT"'"" '2~___ ~ " I ~ ~ 1>-0 I~Z IC) II _ ~O.OO~ _ _ J K NAIL AND DISK I . 517S I (j") 'W., 0.11'S. OF PLAT CORNER~ => :"cJ.1 ~ i SECTION BOUNDARY SURVEY LOCATED IN 15, TOWNSHIP 37 SOUTH, RANGE TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY, FLORIDA 35 EAST DESCRIPTION Lots 1, 2, and 3, Block 58, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. SURVEYORS NOTES Subject to easements and restrictions of record. 0. 0. en --l ~v r LOT 1 LOT 11 Lands described hereon not abstracted by this office. Underground utilities and foundations are not shown. The description shown hereon was provided by the client and/or his/her agent. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 0. 0. en -o:t >- W .....J .....J <( 92.54' LOT 2 ALUUINUM COVER 0.161 ACRES :l: The surveyor did not interview adjoining land owners for unrecorded deeds or easements. LOT 12 '" ~ ~~ ~~ N 20.04' Elevations, if any, are based upon assumed datum. -i ~~ 1 ,j i 0. 0.. 0. i ~ SPRINT ~ I WOO Lands shown hereon are in Flood Zone C, as scaled from FEMA FIRM panel no. 120177 0200B, dated 2-4-81. A,ddress: 711 N. PARROTT AVENUE, OKEECHOBEE, FL 71.43' ----------------------- CONCRETE I ALUMINUM I COVER I I I I'" I '. IE I ~ ~ I~ , I ASPHALT ~I . I I I I I ONE STORY CONCRETE BLOCK STRUCTURE o ~ en -o:t LOT 13 .5) LOT 3 ~ ~. iJl Vi ,-\'- SURVEYORS CERTIFICATE I hereby certify that the attached sketch of survey of the hereon described property is true and correct to the best of my knowledge and belief as surveyed in the field under my direct supervision. Subject to the qualificctions noted hereon. END' FENCE 9.S'W.o 0.5'5. SS9'54 27"W 142.50' FD 5/S" IRC PLS 5178 LOT 14 LOT 4 BLOCK 58 OKEECHOBEE PLAT BOOK 5, PAGE 5 OKEECHOBEE COUNTY, FLORIDA ames R. Almond, PSM Professional Surveyor-Mapper Florida Registration No. LS5081 ~ JAMES R. ALMOND PSM PROFESSIONAL LAND SURVEYOR - MAPPER - CbNBUL T ANT 2973 SW 3RD TERRACE OKEECHOBEE. FLORIDA 34974-2684 TEL: (863) 467-5700 FAX: (863) 467-6121 EMAIL: almondOokeechobee.com FLDSK/PAGE REVISIONS '06/03 1 INCH THIS BAR IS INTENDED TO MEASURE 1 INCH LONG AT THE SCALE SHOWN. IF BAR UEASURES DIFFERENTLY ENlARGE OR REDUCE ACCORDINGLY. ~ SURVEY DATE: JULY 11, 2003 "~ (]~D SCALE: ," = 30' PROJECT No. 3547 c. O'NEILL O'NEILL AND PREPARED FOR:HENRY M. BEVERLY SHEET OF MAP OF BOUNDARY SURVEY LEGEND ~ - UEASURED DIMENSION o - DEED DIMENSION P = PLAT DIMENSION CM = CONCRETE UONUMENT IR - IRON ROD IRC - IRON ROD WITH OP WM = WATER ~ETe:R WV = WATER VALVE UP = UTIUTY POLE SPRINT - SPRINT L - ARC LENGTH " = CENTRAL ANGLE R = RADIUS DISTANCE CH = CHORD SF - SQUARE FEET GAL - GALLON FD = FOUND PB - PLAT BOOK PG - PAGE ORB - O~C~L RECORDS BOOK RAD = RADIAL NR - NOT RADIAL . 1375 Ja1l n Street, Suite 206 Fort M Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-plarming~att.net LaRue Planning &- Mana etnent Services, Inc. Staff Report - Special Exception Request Prepared for: The City of Okeechobee Applicant: Altdandro & Janet Estremera. Petition No.: 05-006-SE Staff Report Special Exception Request Applicant's Name: Alejandro & Janet Estremera Petition No. 05-006-SE General Information: Owner: Contact Person Owner Address: Alejandro & Janet Estremera Janet or Alex P.O. Box 2625 Okeechobee,F134973 863-634-5567 or 863-634-5837 Owner Phone Number: Legal Description of Subject Property: Lots 1, 2, and 3, Block 58, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public records of Okeechobee County, Florida. Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the CHV Zoning District for property located at the SW corner ofNE 8th Street and US 441. Background: The subject property is approximately 0.479 acre(s) fronting on US 441 which is subject to this Special Use Exception petition. The applicant intends to use the property as an outdoor vehicle sales lot. The structure has public utilities and the adjoining property users are as follows: North: East: South: West: Railroad Tracks Mechanic Shop Computer Store Gas Company Consistency with Land Development Regulations: 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. No, the subject property has a commercial land use and the requested use is not contrary to the Comprehensive Plan requirements. B. The use is specifically authorized as a special exception use in the zoning district. Yes, Section 90-283(18) specifically allows outdoor vehicle sales lots as a special exception use in the CHV Zoning District. Page -1- Staff Report . Special Exception Request Applicant's Name.andro & Janet Estremera Petition No. 05-006-SE C. The use will not have an adverse effect on the public interest. No, the use will not have an adverse effect on the public interest. The use must be properly screened and designed to avoid negative traffic impacts and unsightliness. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Yes, the proposed use is appropriate for this location and compatible with the surrounding uses. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. No, the use will not adversely affect the property values in the area. If maintained properly, the use will not be a deterrent to the development of adjacent property. F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Yes, the use may be required to be screened from surrounding uses. The use must be properly screened and designed to avoid negative traffic impacts and unsightliness. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. No, the use will not create a density pattern that would overburden public facilities. Page -2- Staff Report Special Exception Request Applicant's Name: A'~landro & Janet Estremera Petition No. 05-006-SE H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No, the use will not create traffic congestion, flooding or drainage problems, nor will it affect public safety. Recommendation: Move that Petition No. 05-006-SE be approved based on the findings in this report, subject to the following conditions: 1. Adequate parking for customers and landscaping is to be provided. 2. Car lot shall be paved with the proper railings. 3. Cars will be displayed in a properly marked paved area. Submitted by: James G. LaRue, AICP Planning Consultant December 6, 2005 Page -3-