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2007-02-15 CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 15, 2007 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Planning Board/Board or Adjustment and Appeals, February 15, 2007, 6:00 p.m. Chairperson Ledferd called to order the February 15, 2007 Planning Board/Board of Adjustment and Appeals at 6:00 P. M. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Board Secretary Clement called the roll: Chairperson William Ledferd Vice-Chairperson Dawn Hoover Agency Member Terry Burroughs Agency Member Kenneth Keller Agency Member Devin Maxwell Agency Member Douglas McCoy Agency Member Carol Johns Alternate Member Epifanio Juarez Alternate Member Mike O'Connor Attorney John R. Cook City Planner Jim LaRue Secretary Betty Clement Present Present Present Present Absent (with consent) Present Present (entered chambers at 6:08 p.m.) Present (moved to voting position) Present (moved to voting position) Pr~sent Absent (with consent) Present I III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Board Member McCoy motioned to dispense with the reading and approve the Summary of Board Action for the January Action for the January 18, 2007 regular meeting. 18,2007 Regular Meeting; seconded by Board Member Hoover. LEDFERD - YEA BURROUGHS-YEA MCCOY-YEA VOTE HOOVER-YEA JOHNS-ABSENT O'CONNOR - YEA KELLER-YEA JUAREZ-YEA MOTION CARRIED. I I I I FEBRUARY 15, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS- P AGElofi 3 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's Chairperson Ledferd asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. V. OPEN PUBLIC HEARING - Chairperson. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-003-SSA, submitted by property owners Sylvester and Penny Butler. The application is to change the Future Land Use designation from Un-designated to RMF for property located at 700 Northwest 9th Street. Legal description: a unplatted 0.516 acre parcel located to the West of Block 40, City of Okeechobee - Planning Consultant. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:03 P. M. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -003-SSA, was submitted by property owners Sylvester and Penny Butler. The application is requesting to change the Future Land Use designation from Un- designated to RMF for property located at 700 Northwest 9th Street. LaRue Planning and Management was not represented at the meeting. The Planning Staff Report was available for each Board Member. Planning Staff Summary: The subject property currently is not classified on the Future Land Use Map. The applicant is requesting this Future Land Use Map change in order to continue multi-family uses on the subject property. The Multi-Family Future Land Use Category will allow apartments, duplexes, and single-family homes on the property at a density of up- to ten dwelling units per acre. The property is currently within the RMF Zoning District. Planning Staff Comprehensive Plan Analysis: A. As proposed the applicant's request would be consistent with the Multi- Family Land Use category. Based on the application, it would appear that the proposed use (multi-family development) is consistent with Objective 2 and its corresponding poliCies in the Future Land Element. In addition, the proposed Multi-Family designation would create consistency with the RMF zoning district for this property. B. The subject property is developed and already receiving adequate public facilities. It does not appear that this fact would change by allowing the Multi-Family Future Land Use classification on the property. C. This entire area, starting from west of US 441 to east of Northwest 8th Avenue and north of Northwest 8th Street, has been in transition from Single Family to multi Family over the last few years. The applicant's request will be compatible with adjacent uses as the existing neighborhood seems to reflect the same level of residential intensity. D. This property would be best served by changing its Future Land Use category to Multi-Family. The change would be I compliance with the standards set forth in the Comprehensive Plan. Planning Staff Analysis and Conclusions: Based on the above information, staff recommends approval of the request to amend the Future Land Use map for the subject property to Multi-Family. Chairperson Ledferd asked whether there were any questions or comments from the public? There were none. The Board questioned how the property was un-designated on the Future Land Use Map? City Clerk Gamiotea explained through research staff discovered that the property was originally part of the old railroad bed that ran from South Park Stret and Southwest yth Avenue Northward through the City. 1 V. PUBLIC HEARING CONTINUED. A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -003-SSA continued. FEBRUARY 15, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 3 OF 5 Portions of the railroad have been sold to individual property owners. On the original 1994 land use map the area was designated single family. However, whent eh map was updated through the Evaluation and Appraisl Report any portion of the old railraod was left undesignated which is the map that staff must use. The zoning on the property has been multiple family since 1978. City Staff finds these errors from time to time and the City has taken the approach to waive the application fee as they are deemed mapping error? In essence it is a house-keeping item. Board Member Hoover moved to find Comprehensive Plan Map Amendment Petition No. 07-003-SSA consistent with the Comprehensive Plan, and approve to City Council the change for land use at 700 Northwest 9th Street from un-designated to Residential Multiple Family; seconded by Board Member Burroughs. LEDFERD-YEA BURROUGHS-YEA MCCOY-YEA VOTE HOOVER-YEA JOHNS - NON-VOTING O'CONNOR - YEA KELLER - YEA JUAREZ-YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on March The application will be forwarded in ordinance form for a final Public Hearing on March 6, 2007 before City Council. 6, 2007 before City Council. CLOSE PUBLIC HEARING - Chairperson CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 6:08 P.M. IV. NEW BUSINESS (QUASI-JUDICIAL ITEM). A. Consider recommendation for Administrative Appeal for Building Permit 420-06-07 issued to Centennial Builders in error. The only new business item was a request made by Centennial Builders for the Board of Adjustment to consider an Administrative Appeal regarding Building Permit No. 420-06-07 issued by Building Official Tom Forbes and then later issued as voided due to error. Code Book Section 70-303(a) reads that permits issued on the basis of incorrect information on the application or in error, shall be voided. The applicant shall be notified in writing that the permit is void. The permit was issued, then on November 13, 2006 a letter was issued that the permit is void due to an error regarding the zoning district. The permit was for an off-premise (billboard) sign to be erected at 701 Southwest Park Street. These types of signs cannot be permitted in the Commercial Business District, which is the correct zoning for the location. However, on the permit Industrial was listed as the zoning district. FEBRUARY 15, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 4hF5 5 IV. NEW BUSINESS CONTINUED. I A. Administrative Appeal continued. Based on Code Book Section 70-371 , the Board of Adjustment shall hear and decide an appeal of an administrative decision when it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of these regulations. It then list the process of the appeal, of which Centennial Builders is accomplishing through their representative, Attorney Ramunni and requesting the appeal of the decision made by the Building Official to void the permit. Attorney Ramunni adqressed the Board to explain the error was made by staff and not his client therefore the permit should be allowed to continue the construction of the sign as they already have time and money invested in the project. I General Service Coordinator Clement and Building Official Forbes (of Independent Inspections, LLC.) were placed under oath by Attorney Cook who then asked specific questions giving the time line of the permit process. Attorney Ramunni asked questions of them to clarify specific events. When the permit was submitted to the City, staff had to complete the zoning information as it was not completed by the applicant. The zoning district noted was Industrial based on the legal description obtained from the property appraiser's web site using the parcel identification number on the permit. The permit was issued. Later, the applicant submitted an application form from the Florida Department of Transportation regarding the sign since it would be erected next to State Road 70 West. The zoning had to be noted on it as well. At this time staff realized the mistake in the zoning. It should have been noted as Commercial Business District, which is what was noted on the FOOT form. Attorney Cook offered Mr. Ramunni the opportunity to question his clients to confirm the time frame and information obtained through questioning Mrs. Clement and Mr. Forbes was their interpretation as well. Attorney Ramunni advised that his clients agreed with the statements made by Mrs. Clement and Mr. Forbes, he continued that the error was on the Building Official part, as he did not verify the zoning designation on the permit prior to issuing it in error. I Chairperson Ledferd then opened the floor for discussion by the Board. Board Member McCoy noted a recent case in Martin County where the building official issued a permit for condominiums in error. The final outcome was that the people had to move out and the building had to come down. Attorney Ramunni responded that there is a distinction in the law in reference to when the void of the permit was issued, it should be done in a timely manner, and his clients had spent money due to the length of time it took to issue the voidance. Chairperson Ledferd read again Section 70-303 and noted that it does not state any thing about time for issuing a notice to void the permit only that it must be in writing, which is what staff followed in this case. Board Member O'Connor question how much money Mr. Ramunni's clients had spent? Attorney Ramunni responded twenty thousand dollars ($20,000.00), excluding my fee's. Attorney Cook advised the Board that under Section 70-303 of the LDR's, City Staff was required to void the permit when an error occurs, and Staff correctly issued the letter to the applicant. 15 FEBRUARY 15, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 5 OF 5 IV. NEW BUSINESS CONTINUED. A. Administrative Appeal continued. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may neEl(l 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 Department. ATTEST: The Board then discussed with Attorney Cook that the only two choices are to either deny the administrative appeal anI uphold the building officials decision to void the permit; or grant the administrative appeal, allowing the sign and it would bl constructed against the City Code Book regulations. Board Member Hoover noted that the applicant bears responsibility when they submit a permit application. It is their responsibility to know what their zoning is, they sign the application and above their signature on the application reads '1he applicant agrees to comply with the Municipal Ordinances and with the conditions of this permit; understand that the issuance of the permit created no legal liability, express ro implied, of the Department, Municipality, Agency or Inspector; and certifies that all the above information is accurate." Board Member Burroughs moved to deny the Administrative Appeal for Building Permit No. 420-06-07, that the building officials' decision to void the permit issued in error as provided for in Code Book Section 70-303(a); seconded by Alternate Member O'Connor. LEDFERD-YEA BURROUGHS-YEA MCCOY-YEA VOTE HOOVER-YEA JOHNS - NON-VOTING O'CONNOR - YEA KELLER - YEA JUAREZ-YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:57 p.m. The Okeechobee News P.o. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily ST ATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy ofad~emn.a , . ." . ~~j, ~) '-(){f:t~ in/~attert. .\ ' Vi ,U' . L~. .,~-;1"/ 0/1.-' /R9- vn i) 1) ,{Y -t .J .. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of I/d/; ..; c~j 0/01 / Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubftcation in the said newspaper. /~ ,',-/ /r- ( .-A:<'-- Y (L---J u-?- :~q;~- Notary Public, State of Flori a at Large I PUBLIC HEARING NOTICE PLANNING BOAROIBOARO OF ADJUSTMENT ANO APPEALS NOTICE: The Planning Board!Board of Adjustment and Appeals of the City of Okee- chobee, Rorida will meet on Thursday, February 15, 2001 at 6:00 p,m, or as soon thereafter as possible. The meeting will be held at City Hall, 55 Southeast 3rd Ave- nue, in the Council Chambers, Room 200. Okeechobee, Florida. The lIems of con- ~deration at this meeting are: . Conduct a Public Hearing to Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No, 07 -OO3-SSA, Sylvester and I'ef1ny Butler are the property owners and applicants. The application is to change the Future Lane Use from no designation fo Multi-Family (MF) for property located at 700 WI 9th Street Legal description: Beginning at the Southwest comer of Lot 6 of Block 40. City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records'of Okee- chobee County, Rorida, and run North 150 feet: thence West 150 feet to the East line of Tuscaloosa Street; thence South along the East line of Tuscaloosa Sfreet to intersection with the North line of 15th Street; thence East along the North line of 15th Street to fhe point of beginning and is approximately 0.516 acre(s). The pro- posed use is for a multi-family dwellings. . Consider any proposed amendments. submitted by City Sfaff or citizens, to the Comprehensive Plan, wllich include the Land Development Regulations (LOR's) and render a recommendation to the CIty Council for consideration and final adoption. A copy of the entire applicatlonlsj and agenda are available in the General Services Office. Rm fOl at Crty Hall or by calling Betty Clement at (863) 763.3372 x218. Please be advised that the Board of Mlustment and Appeals Will serve as the decI' sion making body (Quasl'Judlclalj. on behalf ot the City. to approve or deny Special Exceptions or Vanance Applicationlsl The Planning Board will make recommenda- tions to the City Council tor consideration and final adoption of Comprehensive Plan Amendments. Rezoning ApplicatIOns and Land Development Regulations (LOR's) Amendments. PlEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board/Board of Adjustments and Appeals wfth re- spect to any matter considered at this meeting, or hearing will need to ensure a ver- batim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Tapes are used for the sole purpose of back-upforthe C1eri<'s Office. In accordance with the Americans wrth Disabilllies Act (ADA) and Florida SlaMe 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Betty Ciement. no later than two (2) working days prior to the proceeding at B63-763-3372 x218; If you are hearing or voice impaired, call TOO 1-0Q\}222-3448 (voice) or 1-08BB-447 -5620 (TIY) BY: Brian Whitehall, Zoning Administrator 189117 ON 1/29;219/07 I : J ~ 'COi~STANC'E'L"HAWSE""'~: :$'~\\'~"''''''~ Comm# 000563848 f~ '=' Expires 6/1412010 %?~ ~.f "./II~~~\\"" Florida Notary ASsnH Inc (: I:'~ ...~.~. .....IIJ ':Ill...... ..... ........ PAGE -1- CITY OF OKEECHOBEE - February 15, 2007 - PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: February 15. 2007, Planning Board/Board of Adiustment and Appeals Reaular Meetina 6:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary Present Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Absent ~ w.... Planning Staff - Jim LaRue Secretary Betty Clement III. MINUTES - Secretatry A. Motion to dispense with the reading and approve the Summary of Planning BoardIBoard of Adjustment and Appeals Action for the January 18, 2007, regular meeting. . ~ Board Member L moved to dispense with the ~dY'1g ~nd approve the Summary of Agency Action for the October 19, 2006 regular e ting; seconded by Board Membe~>---V" / VOTE YE NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR 11 MOTION: UJJu.J(J. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. fVOAJ~ PAGE -2- V. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT ~ '.03 P.M. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-003- SSA, submitted by property owners Sylvester and Penny Butler. The application is to change the Future Land Use designation from Residential Multiple Family (RMF) to RMF for property located at 700 Northwest 9th Street. Legal description: a unplatted 0.516 acre parcel located to the West of Block 40, City of Okeechobee - Planning Consultant Application will be forwarded in ordinance form for a final Public Hearing on March 6, 2007 before City Council. 1\0 r~~t fJtM$- Summary: The subject property currently is not classified on the Future Land Use Map. The applicant is requesting this Future Land Use Map change in order to continue multi-family uses on the subject property. The Multi-Family Future Land Use Category will allow apartments, duplexes, and single-family homes on the property at a density of up- to ten dwelling units per acre. The property is currently within the RMF Zoning District. Comprehensive Plan Analysis: A. As proposed the applicant's request would be consistent with the Multi-Family Land Use category. Based on the application, it would appear that the proposed use (multi-family development) is consistent with Objective 2 and its corresponding policies in the Future Land Element. In addition, the proposed Multi-Family designation would create consistency with the RMF zoning district for this property. B. The subject property is developed and already receiving adequate public facilities. It does not appear that this fact would change by allowing the Multi-Family Future Land Use classification on the property. C. This entire area, starting from west of US 441 to east of Northwest 8th Avenue and north of Northwest 8th Street, has been in transition from Single Family to multi Family over the last few years. The applicant's request will be compatible with adjacent uses as the existing neighborhood seems to reflect the same level of residential intensity. D. This property would be best served by changing its Future Land Use category to Multi-Family. The change would be I compliance with the standards set forth in the Comprehensive Plan. Analysis and Conclusions: Based on the above information, staff recommends approval of the request to amend the Future Land Use map for the subject property to Multi-Family. ~(~ ~d rWJ 1 ~ wa;h;/ ck~ ~~~D1~~~~t:4.. 9f ' Jd fLiLk cj-- . .c.ZlL/, - f/6, ' 1~ ~6 ~ O~ . ~ PAGE -3- Board Member ~) moved to find Comprehensive Plan Map Amendment Petition No. 07-003-SSA consistent with the Comprehensive Plan, and approve to City Council; seconded by Board Member ~~. VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER LEDFERD ' HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR /0 A. ~ fI MOTION: u.t.hjdO~ CLOSE PUBLIC HEARING - Chairperson. ,~: 0 2' fin' VI. NEW BUSINESS - Chairperson. A. Administrative Appeal - Steven A. Ramunni. 1. Notice of Appeal for Building Permit No. 420-06-07 issued to Centennial Builders of Lee County to erect a billboard at 701 SW Park Street, Okeechobee, Florida. Permit issued in error for incorrect zoning for billboard. '{10,. ~~~~ttQ'~ 'f ~1m.~~J. ~~.~tJL~~OC}iff-~. ~ ~ hL- ~. (9-'L~ ~ (') I S~ fVlk Sf - ~#u..~ ~.~ ~~WM'O)~, \ f~ '~k. ~/~~ oP~~~ ~WI ~tIL j)QT~\ ~d-IDL" Qaii;v /l)i371}' ~ ~~ (P~il7~ ~- r ~'. ,Ju-~ If) 1.{)tt-U ~'oh-v 4tLL ~. f1k 'W' - f1~ · JA-Jt~ ]:~]) .~. <'".. . ~ &df \.IJ<L '~. ~zJko ~ ~ 0,"-' D. It '-- ,.JJ~(L 'hIJ.n/u"ft 9vt} ~ Off' /----lV u) liT ~. I~ "'~r-- - ~~ f~ / ~ ~~:jo2e 4AL ~~ t)OT D~. ~ ~D. r~ ~:w.fU U)dA/ ,~ hU ~ (!bb.~ · v '0 ~~~J1fI~ ~-t1o~ '~!1; ,~?-~-~ftr ~, ~ w~ >0!4- ~~ JL~ --: ,~-+- Grr d;;:u y- 'If(~~ o~- boo\:- ~~s4(l~"o 1~~a-d~ ' , ) v ~~-,Q ~ ~.~~ ;HA>~~O J~ what J Sec- 7D-~o3 ~ bjJ~ ~ ~, ~7 ~~ ~o 1-~~~ M~ c bt> < ~ weulj ~~ ~\~. ~ /U611/l? ~ V~~ ~f. , .'i14 fto~ ~ O~ .~fo~~~,tJ ~~~vU4'~~~~' Cl~_~~~~~tI~. 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UJ~'+~~~~cd'~+~ . w~ r:t~~ JJ r'}~? lkv,,~. ~~ L~t_ . ~ u~ Zs " () . ~- ~- )~m) , ,~ () - 6~~ - ~ ~ill' -lo ~ POI - wJh-d v?K - ~" , ercrwlA,,! ~~rf41-~- )Guwo'~~ d. %d., 4- t~, "/ Ii 1/. AI1 - , ' - ~/~/1 o~/v cf;t7h-/ - /t:2J v {LU' cL-11 L- C/j r ------ <- . i ~ <J ~W'~;2t!iov , ~ ~Utjn11i1 _ ~,,- (J<H?J2 cSD - ~ ~ (Joil/ ~~ ~ '~" I1D;}UU 't-~ ~-~~-~~~~f2tr- .. ~~ ~ - fm1r~ ~ ~ @kt fli ~r 1xJ. _ \ t;;}j - ~fr QJ CITY OFOKEECHOBEE PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS MEETING FEBRUARY 15, 2007 OFFICIAL AGENDA I. CALL TO ORDER: Planning BoardIBoard of Adjustment and Appeals, February 15,2007,6:00 p.m. _ Chairperson. PAGE lOF2 II. CHAIRPERSON, BOARD MEMBER AND STAFFA TTENDANCE - Secretary. 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 Carol Johns Alternate Epifanio Juarez Alternate Mike O'Connor Attorney John R. Cook City Planner Jim LaRue General Services Secretary Betty Clement III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning BoardIBoard of Adjustment and Appeals Action for the January 18, 2006, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. JANUARY 18,2007 - PBIBOA AGENDA - PAGE 2 OF 2 v. OPEN PUBLIC HEARING - Chairperson. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-003-SSA, submitted by property owners Sylvester and Penny Butler. The application is to change the Future Land Use designation from Residential Multiple Family (RMF) to RMF for property located at 700 Northwest 9th Street. Legal description: a unplatted 0.516 acre parcel located to the West of Block 40, City of Okeechobee - Planning Consultant Application will be forwarded in ordinance form for a final Public Hearing on February 20, 2007 before City Council. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS - Chairperson. A. Administrative Appeal - Steven A. Ramunni. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services tapes are for the sole purpose of backup for official records of the Department. CITY OF OKEECHOBEE PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS JANUARY 18, 2007 SUMMARY OF BOARD ACTION Page 1 of 15 I. CALL TO ORDER - Chairperson. Planning BoardIBoard of Adjustments, January 18, 2007, 6:00 p.m. Chairperson Ledferd called the January 18,2007 Planning BoardIBoard of Adjustment and Appeals meeting to order 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Board Secretary Clement 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 Carol Johns Alternate Member Epifanio Juarez Alternate Member Mike 0' Connor Attorney John R. Cook Planning Staff - Jim LaRue Secretary Betty Clement Present Present Present Present Present Present Present Present Present Present Present (Bill Brisson represented LaRue Planning) Present III. MINUTES - Secretary. A. Discuss minutes from October 19,2006 Planning Board. Discussion of October 19, 2006 minutes to be held at the end of the meeting. B. Motion to dispense with the reading and approve the Summary of Board Action Board Member Burroughs moved to dispense with the reading and approve the Summary of Board for the December 21,2006 regular meeting. Action for the December 21 2006 regular meeting; seconded by Board Member Hoover. LEDFERD-YEA BURROUGHS - YEA JOHNS-YEA VOTE HOOVER - YEA MAXWELL - YEA MOTION CARRIED. KELLER - YEA MCCOY - YEA January 18,2007- PBIBOA - Page 2 of 15. ACTION - DISCUSSION - VOTE AGENDA IV AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. QUASI-JUDICIAL: A. Consider a Special Exception No. 07-00 I-SE to allow an adult entertainment establishment within an Industrial (INO) Zoning ~istrict (ref. LOR's Sec. 90- 343(10)) submitted by Steven Game on behalf of property owner Charles Farmer. The subject property is located at 508 Northeast 9th Street. - Planning Consultant. New Business Item C was deferred until the February 15, 2007 meeting. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:08 P.M. Due to the high number in attendance at the meeting, the Special Exception Petition was moved to the beginning of the meeting, as the majority in attendance were present for this item. Those who were not in attendance for this item were asked to temporarily move into the Administrator's office since the meeting room was over the maximum allowed capacity set by the Fire Department. Additional citizens also viewed the public hearing downstairs through the television monitor. Consider Special Exception Petition No. 07-00 I-SE to allow an adult entertainment establishment within an Industrial (INO) Zoning District (ref. LOR's Sec. 90-343(10)) submitted by Steven Game on behalf of property owner Charles Farmer. The subject property is located at 508 Northeast 9th Street. Legal description: Lots I through 3 and the North 40 feet of Lots 4 through 6, and alley between said Lots of Block 51, City of Okeechobee, Plat Book 5, Page 5, Public Records Okeechobee County, Florida. Mr. Bill Brisson, Senior Planner with LaRue Planning and Management, City Planning Consultant presented the Planning Staff Report. This was Mr. Brisson's first meeting with the City, he briefly gave his back ground, he has 35 years of experience working all over Florida as a planner. He has testified in court as an expert witness on 17 zoning, land use and eminent domain cases, and wrote the district requirement for the City of Sarasota regarding adult entertainment. After extensive Planning Staff discussion regarding Code Book Section 90-343(10)b.5., Staff has revised the comments and recommendations from original Planning Staff Report. The initial Staff Report recommended approval if the proximity of land in a future land use category does not violate the distance requirements. If approved, the adult entertainment special exception must fully meet all the requirements of Ordinance No.743 and assure that no alcoholic beverages, beer or wine will be served, or consumed on the premises, hours of operation are not during school hours, and the establishment is in full compliance with City rules regarding parking, landscape, and building code safety requirements. Further, the following conditions are also recommended, at least one off-duty law enforcement officer employed by the adult entertainment facility be present during hours of operation to ensure that Ordinance 743 is fully complied with, and patrons and/or customers are prohibited from congregating outside the building. . V. PUBLIC HEARING CONTINUED. ACTION - DIS January 18, 2007 - PBIBOA - Page 3 of 15 OTE A. Consider a Special Exception No. 07-001-SE continued. Mr. Brisson distributed copies of the revised Planning Staff comments and recommendation. Th revision states: Section 90-343(l0)b.5 of the Land Development Regulations (LDR) prohibits an adult entertainment establishment within 500 feet of an area zoned for residential uses. Staff is of the opinion that property zoned Holding (H) qualities as an area zoned for residential uses. Specifically, the H District, as described in the earlier zoning district under which these lands were zoned, allows single-family dwellings as a permitted principal structure. Therefore, the location of an adult entertainment use on the subject property would violate Section 90-343 (l0)b.5. The Planning Staff recommends denial of the application pending the City Attorney's concurrence of the Staff s position. Attorney Cook concurred. Mr. Brisson announced that he was ready to take questions and comments from the Board and the public. Chairperson Ledferd asked Mr. Brisson, based on these comments and recommendations you are moving from approved to disapprove? Mr. Brisson replied that is correct. We would recommend to deny or disapprove the application. Primarily based on the fact that it does violate the 500 feet separation requirement from land zoned for residential use and also a few of the other minor less stringent requirements that were set forth in the original report. Chairperson Ledferd asked whether the Board had any questions at this time for Mr. Brisson? There were none. He then asked Mr. Game whether he wanted to address the Board. Mr. Game replied that he had nothing to say except the state law gives the right to proceed with the business of adult entertainment as long as the requirements are met. Chairperson Ledferd asked whether there were questions or comments from the public, they would need to come to the podium and state their name for the record. He also requested that everyone try to keep their comments under three minutes n order to give everyone a chance to speak. Those addressing the Board opposed to the special exception were Pastor Joe Bishop of the Fountain of Life Church; and Pastor Larry Kilgore of the Church of God. Also Pastor Alton Padgett, J r. Of the Bassinger Church of God; Youth Pastor Brian Dryden of the Church of God and 9th grade school teacher; Pastor Edward Stewart of the New St. Steven African Methodist Church; Jeff Finkston of Bethel Assembly of God; residents Rebecca Barber, Bertha Boswell, Rodriquez Hernandez, Charlotte Delegall, Kate Preston, Mirriam Derrick and William Mason. Ii ... It\. January 18,2007 - PB/BOA - Page 4 of 15. ACTION - DISCUSSION - VOTE V. PUBLIC HEARING CONTINUED. A. Consider a Special Exception No. 07-001-SE continued. Lastly, Sheriff Deputy John Rhoden briefly gave statistics regarding adult entertainment businesses and how they burden the community they are located in. Chairperson Ledferd thanked everyone for their comments. However, the Board's decis ion cannot be based on moral or ethical feelings. Land use decisions must be based on legal requirements and those requirements are set by the State Legislature, County Commission and the City Council. Any citizens who want to address the actual law would need to take that up with the actual legislative government body. Board Member McCoy noted that in addition to the revised Planning Staff findngs regarding the residential uses not allowed within 500 feet, the impact to the property values could also be looked at as an adverse effect to the surrounding area where it also is one of the requirements for granting the special exception. Board Member Maxwell agreed that this is at least two technical requirements the applicant has not been able to meet. Board Member Hoover made a motion to deny Special Exception No. 07 -00 I-SE to allow an Adult Entertainment Establishment within Industrial Zoning District based on the Planning Consultants report and the fact that he has proven that is a zoning category within 500 feet of the proposed business that permits residential use, and therefor this application violates Code Book Section 90- 343 (l0)b.5; seconded by Board Member McCoy. LEDFERD-YEA BURROUGHS-YEA JOHNS-YEA VOTE HOOVER-YEA MAXWELL - YEA MOTION CARRIED. KELLER-YEA MCCOY - YEA A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Comprehensive Plan Small Scale Future Land UseMapAmendmentApplicationNo.07-001-SSA Application No. 07-00 I-SSA. G-4 Land & Cattle Co and George A. Goodbread was submitted by Brad Goodbread on behalf of the property owners, G-4 Land & Cattle Co and are the property owners. The application is to change the Future Land Use George A. Goodbread. The application is to requesting to change the Future Land Use designation designation from Single Family (SF) to Commercial (C) for property located at from Single Family (SF) to Commercial (C) for property located at 2104 Southwest 2nd Avenue. 2104 Southwest 2nd Avenue - Planning Consultant. v. PUBLIC HEARING CONTINUED. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-001-SSA continued. January 18, 2007 - PB/BOA - Page 5 of 15 ACT Legal description: Lots 1 through 4 of Block 2, Royal Oak Addition, as recorded in Plat Book 1, Page 8, Public Records of Okeechobee County, Florida and is approximately 0.650 acre(s). The proposed use of the vacant property is light commercial. Mr. Brisson presented the Planning Staff Report, and recommended denial based on the inconsistency with the Future Land Use Element. The subject property is within the Single- Family Future Land Use category and the RSF-l Zoning District. Subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single-Family Future Land Use category. Public facilities would be available but traffic impacts would be substantial as this area is residential and the roadway may not be able to support more commercial traffic. The change from the Single-Family to Commercial Future Land Use category would create an incompatible use with the surrounding neighborhood. The existing Future Land Use categories, the existing Zoning Districts, and the existing uses of the surrounding area (north, south and west) are all compatible with each other. If granted, the commercial use would be incompatible with the adjacent uses. The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. Discussion ensued with the Board regarding expanding the commercial area into the residential section. Mr. Goodbread, addressed the Board stating that three sides of the property are residential, but on the East side has commercial uses. Light Commercial is a reasonable bridge to residential. Southwest 2nd A venue has turned into a Light Commercial area due to the cost of real estate on Parrott A venue. He explained that he would like to use this property for an overflow parking lot, due to the proximity of the Heavy Commercial (CHV) block to the East. Board Member Burroughs noted that the property could not be used for a parking lot without a special exception. Board Member Maxwell noted for the record that Mr. Goodbread contacted him and they discussed the property prior to the meeting. Chairperson Ledferd asked for comments from the public. Mr. Bobbit stated that he lived on Southwest 2nd A venue just North of the intersection of Southwest 21 SI Street and South Parrott A venue. ENDA V. PUBLIC HEARING CONTINUED. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-00 I-SSA continued. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-002-SSA. Glenda Bellamy and Renee Ellerbee are the property owners. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 203 Southwest 4th Street. - Planning Consultant. January 18,2007- PBIBOA - Page 6 of 16 ACTION - DISCUSSION - VOTE I The area is already suffering from the increased traffic. He considered this spot zoning, and that is going to influence the quality of life of the residents in this area. He was opposed to the application. Mr. Larry Julian representing Janice Newcomer a resident of this area also was opposed to this application. Mr. Wayne Radford, Southwest 3rd Avenue, reported that the traffic is bad, and he is opposed to the application. Mr. Sizemore, also spoke in opposition to the application. Chairperson Ledferd asked whether the Board had any further questions? There were none. Board Member Hoover made a recommendation of denial for Comprehensive Plan Small Scale Future Land Use Map Amendment application No. 07-001-SSA to change the future land use from Single Family to Commercial based on the Planning Staff Report,and that it was not found to be consistent with the Comprehensive Plan; seconded by Board Member Burroughs. LEDFERD-YEA BURROUGHS-YEA JOHNS-YEA VOTE HOOVER-YEA MAXWELL - YEA MOTION CARRIED. KELLER-YEA MCCOY-YEA Application will be forwarded in ordinance form for a final Public Hearing on February 6, 2007 before City Council. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 002-SSA submitted by property owners, Glenda Bellamy and Renee Ellerbee. The application is requesting to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 203 Southwest 4th Street. Legal description: Lot 1 and 2 of Block 185 according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida and is approximately 0.54 acre(s). The proposed use of the property is for a professional office. Mr. Brisson presented the Planning Staff Report that recommends denial based on not being consistent with the future land use in the area of single family and traffic impact. January 18,2007- PBIBOA - Page 7 of 15 V. PUBLIC HEARING CONTINUED. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-002-SSA continued. After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single Family Future Land Use category and not allowing the Commercial to encroach west of Southwest 2nd A venue. The intent of the Future Land use Element and Future Land Use Map is to manage future growth in a compatible manner. In implementing the plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding area, and shall discourage urban sprawl. The applicant's request to amend the Future Land use map would be inconsistent with the Future Land Use Element. The subject property is within the Single Family Future land Use category and Residential Multiple Family (RMF) Zoning District and is already developed with a single family residence. Public facilities would be available, but traffic impacts could be substantial. The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. Mrs. Renee Ellerbee addressed the Board regarding her application by stating that she is being displaced from her current location due to development. Mr. Randy Ellerbee distributed copies of the surrounding area noting the existing commercial uses, regardless of the fact that the land use is single family. There are a significant number of commercial uses which have been in operation prior to the Future Land Use Map being adopted therefore the office would be a better fit that a residence. Chairperson Ledferd asked for any comments from the public. There were none. Board Member Burroughs moved to recommend to the City Council to approve Comprehensive Plan Small Scale Future Land Use map Amendment Application No. 07-002-SSA; and that based on the additional documentation provided by the applicant, that the application would be consistent with the Comprehensive Plan; seconded by Board Member Johns. AGENDA v. PUBLIC HEARING CONTINUED. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -002-SSA continued. ACTION - January 18,2007- PB/BOA - Page 8 of 15 : VOTE LEDFERD-YEA BURROUGHS-YEA JOHNS - YEA VOTE HOOVER - NAY MAXWELL-NAY MOTION CARRIED. KELLER-YEA MCCOY-YEA Application will be forwarded in ordinance form for a final Public Hearing on February 6, 2007 before City Council. C. Consider Rezoning Petition No. 07-001-R. William Mason is the property Consider Rezoning Application No. 07-001-R ,submitted by the property owner, William Mason. owner. The application is to change the zoning designation from Holding (H) to The petition is requesting to change the zoning designation from Holding (H) to Residential Single Residential Single Family-One (RSF-l) for property located at the West Entrance Family-One (RSF-l) for property located at the West Entrance of the Commerce Center. of the Commerce Center - Planning Consultant. Legal description: all that portion of the following described land less and excepted the right-of- way of Northeast 9th Street: being more particularly described as follows: Beginning at a point on the North boundary line of Section 15, Township 37 South, Range 35 East, said point being due North of the Northeast comer of Block 1, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, run thence South to the Northeast comer of said Block 1; thence run Southerly, along the Eastern Boundary and the Southerly projection thereof, of Blocks 1, 16, 17,32,33,34 and 51 of said plat of Okeechobee, to the intersection with the North line of the Seaboard Airline Railroad right-of-way; thence run East, along the North line of the Seaboard Airline Railroad right-of-way, to the Western Shore Line of the Onosohatchee River or Taylor Creek, as now located; thence run Northerly, meandering along said Western Shore Line of said Creek, as now located, to the intersection with the North Boundary Line of said Section 15; thence run West, along said North Section Line, to the Point of Beginning. Lying in and comprising a part of the NW one-quarter of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida. Lots 1 to 18, inclusive of Block 17, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Lots 1 through 3, Block 32, Okeechobee, according to the Plat thereof as recorded in Plat Book 5, Page 5, Public Records ofOkeechobee County, Florida. Lots 4 through 7, and Lot 12, Block 32, City of Okeechobee, according to the Plat thereof recorded in Plat Book 1, Page 22,the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. Lots 1 and 2, Block 33 and Lots 1 through 6, inclusive, Block 34, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County. V. PUBLIC HEARING CONTINUED. c. Consider Rezoning Petition No. 07-001-R continued. January 18,2007- PB/BOA - Page 9 of 15 Mr. Brisson presented the Planning Staff Report that recommended approval of Petition No. 07- OOl-R. The proposed single family use and RSF-l Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation for this property. Section 90-102(1) of the City's Land Development Code allows single family dwellings as a permitted use under the RSF-l zoning. The proposed single family use and RSF-l Zoning District will not have an adverse effect on the public interest. A single family dwelling would be appropriate for this location and compatible with the surrounding land uses and would not adversely affect property values or living conditions. The proposed use will not create a density pattern that would overburden public facilities. Traffic congestion, flooding or drainage will not be a problem for the site. By allowing the applicant to develop the property under the RSF-l Zoning District, the applicant is not receiving any special privileges which are not granted to any other citizen un the same circumstances. Staff recommends approval of the request. Chairperson Ledferd asked whether the Board had any questions for the Planner? Board Member McCoy inquired about public utilities? Mr. Mason responded that water is available by the Okeechobee Utility Authority, and he has obtained a permit from the Health Department for septic tanks. Chairperson Ledferd asked whether there were comments from the public? There were none. Board Member Maxwell made a motion to recommend to City Council to approve Petition No. 07-001-R to change the zoning designation from Holding to Residential Single Family-One; seconded by Hoover. LEDFERD-YEA BURROUGHS-YEA JOHNS-YEA VOTE HOOVER - YEA MAXWELL - YEA MOTION CARRIED. KELLER-YEA MCCOY - YEA Petition will be forwarded in ordinance form for a final Public Hearing on February 20, 2007 before City Council. II AGENDA V. PUBLIC HEARING CONTINUED. D. Consider Rezoning Petition No. 07-002-R. Glenda Bellamy and Renee Ellerbee are the property owners. The application is to change the zoning designation from Residential Multiple Family (RMF) to Heavy Commercial (CHV) for property located at 203 Southwest 4th Street - Planning Consultant. CLOSE PUBLIC HEARING - Chairperson. January 18,2007- PB/BOA - Page 10 of 15. ACTION - DISCUSSION - VUTlJ.; Consider Rezoning Petition No. 07-002-R, submitted by property owners, Glenda Bellamy and Renee Ellerbee. The request is to change the zoning designation from Residential Multiple Family (RMF) to Heavy Commercial (CHV) for property located at 203 Southwest 4th Street. Legal description: Lots 1 and 2 of Block 185 City of Okeechobee Subdivision. Mr. Brisson presented the Planning Staff Report that recommended denial for Petition No. 07 -002- R. However since the Board recommended the companion Application No. 07-002-SSA land use change a zoning change would be appropriate. However, Heavy Commercial is not an appropriate transition. A lighter zoning would be better, such as Light Commercial or Commercial Professional Office. Chairperson Ledferd asked the applicant, whether Commercial Professional Office zoning would be agreeable with her? Mrs. Ellerbee replied yes. Chairperson Ledferd inquired whether there were any comments from the public. There were none. Board Member Burroughs moved to recommend approval of Rezoning Petition No. 07-002-R from Residential Multiple Family to Commercial Professional Office to the City Council; seconded by Board member McCoy. LEDFERD - YEA BURROUGHS-YEA JOHNS-YEA VOTE HOOVER - NAY MAXWELL - YEA MOTION CARRIED. KELLER-YEA MCCOY - YEA Petition will beforwarded in ordinance form for a final Public Hearing on February 20,2007 before City Council. CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 8:03 P.M. . VI. NEW BUSINESS A. Consider recommendation to amend Billboard Policy - City Attorney. January 18,2007- PBIBOA - Page 11 of 15 Attorney Cook requested that the Board consider amendments to the sign regulations, including but not limited to billboard signs. At the October 19,2006 meeting he submitted a memorandum highlighting various areas of the sign regulations which needed to be changed, but the memorandum did not encompass all the areas, therefore he did not seek a recommendation from the Board at that time. The City Council placed a moratorium on issuing billboard sign permits due to the confusion in the sign regulations. The code book refers to off-premises signs as billboards, which will be defined in revised language as one which directs attention to a building, profession, product, service activity or entertainment not conducted, sold or offered on the property upon which the sign is located, and are usually found along or near a major highway, and are such size and design as to catch the attention of the motoring public. The locations of these signs are controlled by the permitted size of a sign, plus additional factors such as setbacks and other restrictions. Currently what is typically considered to be a billboard would not be permitted in Commercial Professional Office (CPO) zoning districts, as the size limits are tied to street frontage and would be much smaller. Further, the definition of ground signs and off-premisses signs on the same property will be clarified. Due to the many obstacles placed on cities by the courts, amending the sign regulations are difficult. They must be carefully drawn for instance, to avoid placing too much discretion with the permitting official, avoid preferring commercial sign content over non-commercial sign content, and in the permitting and placement of signs. Essentially we cannot adopt regulations that actually work to control sign content, which would be an impermissible infringement on the property owners first amendment rights. In essence Attorney Cook is seeking a recommendation of approval from the Board to authorize him to completely re-write the existing sign ordinance to conform to mandates of recent case law. Unless the Board objects, the specific changes will not come back for a final recommendation, but will go directly to the City Council. Any board member may request a copy of the ordinance once it is prepared and add their input to either Attorney, the Administrator or the Council at the meetings. II AGENDA VI. NEW BUSINESS CONTINUED. A. Consider recommendation to amend Billboard Policy continued. B. Consider Recommendation to create Special Exception to Sexual Predator Ordinance - City Attorney. II January 18,2007- PB/BOA - Page 12 of 15 ACTION - DISCUSSION - VOTE I Board Member McCoy moved to authorize Attorney Cook to completely re-write the sign ordinance Chapter 90 Article IV Division 5 and recommend approval to the City Council; seconded by Board Member Burroughs. LEDFERD-YEA BURROUGHS-YEA JOHNS - YEA VOTE HOOVER-YEA MAXWELL - YEA MOTION CARRIED. KELLER-YEA MCCOY-YEA Attorney Cook advised that the City Council recently adopted an ordinance that restricts the residence of convicted sexual offenders. The ordinance requires that certain areas of the zoning districts be amended in order to allow specific permitted uses and special exceptions uses for the types of housing and half-way housing for these types of offenders. Distributed just prior to the meeting was a draft ordinance that amended Section 90-343 Industrial Zoning district, Special Exception Uses adding the following language: (11) Rehabilitation or half-way homes. (a) That as provided in Ordinance No. 967, and included in Section 38-43, rehabilitation facilities or half- way homes for treatment and rehabilitation of sexual offenders shall be a special exception use in industrial zoning categories, subject to the following restrictions. (b) That any such facility shall be subject to all state laws pertinent to such facilities under the Laws of Florida. (c) That such facility shall at no time house in excess of six (6) sexual offenders, excluding employees and staff of the facility. (d) That such facility shall be licensed by the State of Florida and be staffed by professional and licensed mental health care providers, and provide an organized course of treatment and rehabilitation recognized by the State of Florida and the standard of care recognized by the professions of psychology or psychiatry. (e) That such facility shall not be located within 1500 feet of school, public or private; a child care facility, church, public park, or a zoning district of RSF-l; RSF-2; RMH; RMF. (f) That sexual offender is defined as any person convicted under the laws of the State of Florida or similar statutes of any other state, country or province, for an offense recognized as a sexual offense, regardless of degree of offense or whether adjudication of guilt was withheld by the court. Board Member Maxwell moved to recommend approval to City Council the above amendment to Sec. 90-343 (11) Special Exception use category under the Industrial Zoning to allow the treatment and rehabilitation facilities or halfway houses; seconded by Board Member Hoover. . VI. NEW BUSINESS CONTINUED. January 18,2007- PB/BOA - Page 13 of 15 SION - VOTE B. Consider Recommendation to create Special Exception to Sexual Predator Ordinance continued. LEDFERD-YEA BURROUGHS-YEA JOHNS - YEA VOTE HOOVER - YEA MAXWELL - YEA MOTION CARRIED. KELLER-YEA MCCOY-YEA c. Administrative Appeal - Steven A. Ramunni. The Administrative Appeal regarding Building Permit No. 420-06-07 issued in error for improper zoning district was deferred until the February 15, 2007 meeting. III. MINUTES CONTINUED. A. Discussion of October 19,2006 minutes. Minutes discussion for the October 19, 2006 Regular meeting moved to end of meeting. Clerk Gamiotea addressed the Board by thanking them for the good job they do. The motion in question was to recommend to City Council for approval of Comprehensive plan map Amendment Petition No.06-012-SSA. There has been some confusion as to whom was and was not a voting member during this item due to Mr. Maxwell arriving late and Mr. O'Connor being put in the voting members position. The first item necessary will be a motion to rescind the previous action taken at the December meeting to approve the October minutes. Board Member Burroughs made a motion to rescind the action taken at the December 21, 2006 meeting to approve the October 19,2996 minutes; seconded by Board Member McCoy. LEDFERD-YEA BURROUGHS-YEA JOHNS-YEA VOTE HOOVER - YEA MAXWELL - YEA MOTION CARRIED. KELLER-YEA MCCOY-YEA Clerk Gamiotea then requested a motion be put on the floor to approve the Revised October 19, 2006 minutes so that the items being revised could be discussed. Board Member Burroughs moved to approve the revised October 19,2006 minutes as presented; seconded by Board Member Maxwell. Clerk Gamiotea distributed revised minutes and noted each change as follows: ACTION - DISCU January 18,2007- PBIBOA - Page 14 of 15 ~. VOTE III. MINUTES CONTINUED. A. Discussion of October 19,2006 minutes continued. Page One, the time of the meeting was changed to 6:00 p.m.; A notation was added that Mr. O'Connor was temporarily moved to a voting member position; the motion and second were switched for the approval of the September 21 minutes; Maxwell was noted as absent and O'Connor was noted as voting yea. Page Two, Item V A 2. During the vote Maxwell was noted as being absent and O'Connor as voting yea. Page Five, Item V.A.3. the second to the motion was changed from Maxwell to O'Connor. The vote was changed to reflect Maxwell as voting yea and O'Connor no loner a voting member. The following notation was added to the end of page ten: Due to the confusion as to whom was and was not a voting member on this issue, a second was made by an alternate member prior to him being removed from regular voting status. Mr. Maxwell entered the chambers during the discussion of this item. Mr. O'Connor had been moved to a voting member position at the beginning of the meeting. The Board Secretary called the error to the Chairs attention that an alternate was seconding a motion when the voting member, he was sitting in for, had arrived, and therefore should be placed back as a non-voting member. Since the Chair had not officially noted that the alternate was no longer a voting member and a second to the motion was not called for by another member, the second will remain by Mr. O'Connor. The clarification was made prior to the vote being taken, therefore Mr. Maxwell was now a voting member, but remained silent during the vote. A silent vote is a yea vote due to the method in which the votes are cast for this board. The motion to recommend approval remains the same as the majority ofthe votes were cast and the motion was carried. Chairperson Ledferd added that in order to keep this from happening again once he seats an alternate in a voting members seat, they will remain there for the rest of the meeting. The alternate will need to physically move to the chair of that voting member on the dias. Secretary Clement's cell phone number was also distributed so that board members may call her to advise when they were running late to a meeting as well. LEDFERD-YEA BURROUGHS-YEA JOHNS - YEA VOTE HOOVER - YEA MAXWELL - YEA MOTION CARRIED. KELLER-YEA MCCOY-YEA . III. MINUTES CONTINUED. A. Discussion of October 19,2006 minutes continued. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board 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 Department. William Ledferd, Chairperson ATTEST: Betty J. Clement, Secretary January 18,2007- PBIBOA - Page 150f 15 N - DISCUSSIO Clerk Gamiotea added that members needed to be sure they are stating for the record any conversations or communications they have with any regarding land issues. The Commission on Ethics takes this very serious and by law they must report who they spoke with prior to the vote taking place. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 8:40 p.m. _.,/I ... City of Okeechobee General Services Department 55 S.E. 3"' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Notices Mailed: Comprehensive Plan Map Amendment Application / Please Check One: 1L Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) tI' Name of property owner(s): 'x -p P L. I C A N T Owner mailing address: oK G t Name of applicant(s) if other than owner (state relationship): s~ Applicant mailing address: j ~ Name of contact person (state relationship): Fax: V'" Property address / directions to property: 7 DC /tlvv Parcel Identification Number: . "I --OOOD2. -c) Ocx:.:.:, Size of the Property (in acres): Current Zoning Designation: Current Future Land Use Designation: P R o p E: .R T Y Existing Use of the Property: Proposed Future Land Use Designation: R mF' Proposed Use of the Property: NOA.Th i-\o\cl \,01. g V'\'\ F- . ~0-.~:zNC U-+t1.I^" ( ~ rV hTl Description of Surrounding Properties: efts1- 'Publh_ FftCi/,'i/c. AJeSI- ~ fV1 F Legal Description of the Property (Lengthy Description May be Attached): lA 1\.1 P \" ftcd. ~~d .(5F "Fh.~ C ;(-t A-b"tNdof\JcC 'KA-;'{ roo.d OF Fec SC7 AT s.w <:....crt. )...c r '"' ~L'" qu Awu N Unifonn Land Use Application (rev. 12/03) Page I of 2 t/ ~urvey of Property (11" x 14",20" Scale) ~ Letter Outlining Request ~Notarized Letter of Owner's Authorization _ Application Fee (non-refundable) ~ity Location Map 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 fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. /--- C / I/ ' J -0 t:f?1/ - I- r7Lf,v ~- ~ 'tIc-3~ 1'-17011;1/ .-- ~ /-/t,. 0--07 p. ed Name Date Uniform Land Use Application (rev_ 12/03) Page 2 of 2 ....;" .. ;!Fti;CI+,v1- 9Y/v't'3kl r- il-NY1 :&/kc Ih ~ueJh:Ur 7/ltA',t ~ /?/j:, {Iud"",.;/- li3c ~ff/ F jZePl <<,'.v ~ m-r:f j~d Wu.. ~fll/lC- ~4/l1d tlJ>c 2)e~/rlllqnOI\l /<..,eF/€.l?I~ ~ JJI1n1& X/V{F" ~O J)es;9tV/f7i~vV 4TT/1JJ ~~tJ f-cA- i4uL ,- - /-uk^e Aq~ a.5~. ~~-L-t;P7~/L / /-/6-07 DESCRIPTION BEGINNING AT THE SW CORNER OF LOT 6 OF BLOCK 40, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND RUN NORTH 150 FEET; THENCE WEST 150 FEET TO THE EAST LINE OF TUSCALOOSA STREET; THENCE SOUTH ALONG THE EAST LINE OF TUSCALOOSA STREET TO INTERSECTION WITH THE NORTH LINE OF 15TH STREET; THENCE EAST ALONG THE NORTH LINE OF 15TH STREET TO THE POINT OF BEGINNING. I I ~+ o .... SURVEYORS NOTES Subject to easements and restrictions of record. I ~ N89'5852'W ------- 35.00' I Lands described hereon not abstracted by this office. W ::> 21 BW ~> I ~.<( I ~I ~ I- I ~ CO I ~I Zl I J . I P l.~ ~I~ I I 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. The surveyor did not interview adjoining land owners for unrecorded deeds or easements. Elevations, if any, are based upon assumed datum. Londs shovvn hereon ore in Flood Zone C, according to FiRM pone! no 120177 02008, doted 2-4-81. Address: 700 NW 9TH STREET, OKEECHOBEE, FL ~ (]ZD i - SURVEYORS CERTIFICATE lie I I hereby certify that the attached sketch of survey I i 0 of the hereon described property is true and correct z: I to the best of my knowledge and belief as surveyed I In the field under my direct supervision. Subject to FN' I O.5't the qualifications noted hereon. C~-YiCLd CERTIFIED TO ONLY THE FOLLOWING PARTIES: SYLVESTER AND PENNY BUTLER I BIG LAKE NATIONAL BANK. I ITS SUCCESSORS AND/OR ASSIGNS OKEE-TANTIE TITLE INSURANCE COMPANY, ING. James R. Almond, PSM TICOR TITLE INSURANCE COMPANY, INC. - FIRST AMERICAN TITLE INSURANCE COMPANY, INC. I Professional Surveyor-Mapper UNITED GENERAL TITLE INSURANCE COMPANY, I~. 1- Florida Registration No. LS5081 ---- . - JAMES. R. ALMOND, PSM I PROFESSIONAL LAND SURVEYOR - MAPPER - CONSULTANT I @ 2020 SOUTH PARROTT AVENUE, SUITE 102-0 ~ OKEECHOBEE, FLORIDA 34974-2684 TEL: (941) 467-5700 FAX: (941) 467-6121 EMAIL: jroOokeechobee.com SCALE: I FlDBK/P AGE REVISIONS I SURVEY DATE: MAY 26, 1999 1" = 30' 62/11. I I I PROJECT No. 1 INCH 99219 THIS BAR IS INlENDED TO MEASURE 1 INCH LONG AT THE SCALE SHOWN. IF BAR MEASURES DiffERENTLY SHEET 1 OF 2 MAP OF BOUNDARY SURVEY ENLARGE OR RmUCE ACCORDINGLY. - 3.06' 2 COR, ",,0.1':: ________________[9~~~~_~~~QAQ_~j~________________J EAST LINE OF FORMER TUSCALOOSA STREET LOT 3 I WEST LINE OF BLOCK 40 r BEARING BASIS WEST D N89'58'38"W M 150' D 150.05' M FENCE LINE 0.6'E FD 5/8" IR I I I 1 I I I I I I I I ",I "!I ?21 I I I I 1 1 1 I 1 I I 1 I 1 I . 1 I :ri I I .-; I I '" I I I I I I 1 7.24.1 40.99' I ~ GFt--------~:--- ~; ~ CONCRETE ~ I ...- BLOCK I STRUCTURE I I I I I 1 I I WI'-L()~ OWr- f- ~m 0Z 000...=:J Y::::r::o... 0 u () . L()- U OWN -1W W rnY::rnrnw 00... 0... rn o ::r:: U LOT 5 tj Y:: o FD 5/8" IR I I I I I I I I I I I I , I :gl ~I "'I 1 I I I I I I LOT 4 <( o CL o -1 lL. ~ '" .0 0'" "'ai -..,. 0.516 ACRES :I: 2.81' SEPTIC TANi< ~ CONC \ I \ "'I o ~l . * ~-~\ g~1 81 "'1 I 1 70.90' I ~2~~--. 1~;~,--~--:~8~---1----1- g 13.7f ~- t I ~ '" cr o z 68.24' - - .. ~ 1932' n ~ }> '" 0 " 0 ~- "l 1 STORY CONCRETE SLOCK J:<t::SIDENCE ~ ~ "'. 1 5TORY CONCREl[ Bi...OCK RESIL)ENCE :; ~ '" ~~ n o z n '" .... '" ,., ~ n ~ ^ 48.91' 1091 ~ i:o "'. ~. I I I I I I 101.09' _ I ~~----------------------~r-- :g I .-; 1 cO I ... I '" I I I FNC COR I NORTH LINE OF 1.2'N,1.3'W I FORMER 15TH STREET I CONC u COVERED CONC LOT 6 29.03' I I i- I ~I C'./ ! I I ",I --:1 ~I 1 I FNC COR 1.1'N,1.2'E FD 5/8" IR IN CONC UP UP 589'54'18"E M UP EAST D [Q] WM 150.10' M 150' D CONC FD 4" CM I S.R.D R/W SW CORNER OF LOT 6. BLOCK 40. OKEECHOBEE ~ I, POINT OF BEGINNING ... 0 i31~ b '" ~I UMH CONC SIDEWALK EDGE OF PAVEMENT I --------~~----------~-~-- . S89'54'1S"E NW 9TH STREET 70' R/W FDRMERL Y 15TH STREET BOUNDARY SURVEY LOCATED IN SECTION 16, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY, FLORIDA PREPARED FOR: SYLVESTER AND PENNY BUTLER A = Arc length M = Measured Dimension AC = Acres MH = Manhole NC = Air Conditioner MHWL = Mean High Water Line AKA = Also Known As :l:: = More or Less ALUM = Aluminum NGVD29 = National Geodetic Vertical Datum of 1929 ANC = Anchor NA V088 = North American Vertical Datum of 1988 ASPH = Asphalt Pavement NIC = Not Included ~:-::~;~.-~.j~~~\.:' ~~... BLK = Block NR = Not Radial " BM = Benchmark - f OH = Overhang /. ~e BS = Boat Spike om.. = Over~ead Utility j-~,~ ~ .' -:- C = Calculated dimension ORB = OffiCIal Record Bt... . / ,~ CB = Catch Basin P = Plat dimension . .' CBS = Concrete Block Structure PB = Plat Book CH = Chord bearing and distance PC = Point of Curvature CIP = Cast Iron Pipe PCC = Point of Compound Curvature CL = Centerline PCP = Permanent Control Point CIL = Chainlink: Fence PG = Page CM = Concrete Monument PK = Parker Kalon nail CMP = Corrugated Metal Pipe POB = Point of Beginning CONC = Concrete POC = Point of Commencement CR = County Road PRC = Point of Reverse Curvature CVI = Cable TV pedestal PRM = Permanent Reference Monument D = Deed dimension PT = Point of Tangency DB = Deed Book PUD = Planned Unit Development DE = Drainage Easement R = Radius dimension = Delta or Central Angle RAD = Radial DH = Drill Hole Rep = Round Concrete Pipe ELEV = Elevation RD = Road ENCRH = Encroachment RES = Residence EO? = Edge of Pavement RGE = Range EOW = Edge of Water RfW = Right -of-way ESMT = Easement SECT = Section FD = Found SET = Set 5/8" Iron Rod with cap LS5081 FFE = Finished Floor Elevation SF = Square Feet - - FH = Fire Hydrant SPRINT = Sprint pedastal RD FM = Force Main = State Road - ST a: SR r~ FNC = Fence SUL = Safe Upland Line Cedar! M Plazal FPL = Florida Power & Light SFWMD = South Florida Water Management District RD l-~ (I) Ff = Feet T = Tangent Isw~~t~ftcl~~T A TES > .. GL = Gas Line TOB = Top of Bank CIA GOVT = Government TWP = Township 'ftJ1 ~I = Ingress & Egress Easement = Typical ;T t-, I&EE TYP ~:J 39 IP = Iron Pipe UE = Utility Easement ~ = Iron Rod = Utility & Drainage Easement II IR UDE ~Il IRC = Iron Rod with Cap WFS = Wood Frame Structure K = Kilometers WL = Water Line , L = Arc Length WM = Water Meter LAE = Limited Access Easement WV = Water Valve LE = Landscape Easement LWP = Liter Wood Post SHEET 2 SEE SHEET OIF 2 11 OlF 2 !FOR SURVEY IDA T A L > <t > <t a: 0:> SLOUGH w .... l- N N PINE RIDGE .... 0 .... PARK 14 - ---1"os~ I ~ ALMOND. PS).! JAMES R. ALMOND, PSM Surveylng-Mapping-Consultant-Envlronmental Permitting 2020 South Parrott Avenue, Suite 102e, Okeechobee, florida 3497.4 TEL (941} 467-5700 F.:\X W1.1' ,(.67-6121 . ~ _;.>.:"'!t._~,'...1'_'~"___""",-","",,..-._-"-'_,~ -'.!L~""'-~-~"'~.~:o.,"~~~-"-,,,.,.~ J _ 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 LaRue Planning &_ Management Services, Inc. Staff Report - Small Scale Comprehensive Plan Amendment Prepared for: Applicant: Petition No. The City ofOkeechobee Sylvester and Penny Butler 07-003-SSA Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Sylvester and Penny Butler Petition No. 07 -003-SSA General Information Applicant Phone Number: Applicant Fax Number: 1873 NE 3rd Street Okeechobee, FL 34972 863-763-9427 Future Land Use Map Classification No Designation Multi-Family Use of Property Residences Multi-family Residence Location: 700 NW 9th Street, Okeechobee, FL Legal Description: BEGINNING AT THE SW CORNER OF LOT 6 OF BLOCK 40, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND RUN NORTH 150 FEET; THENCE WEST 150 FEET TO THE EAST LINE OF TUSCALOOSA STREET; THENCE SOUTH ALONG THE EAST LINE OF TUSCALOOSA STREET TO INTERSECTION WITH THE NORTH LINE OF 15TH STREET; THENCE EAST ALONG THE NORTH LINE OF 15TH STREET TO THE POINT OF BEGINNING. Request: The matter for consideration is an application for a Future Land Use Map Amendment to Multi- Family. Based on the size of the property (0.516 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small-Scale Amendment to the Comprehensive Plan. Evidently, this property was at one time right-of-way for the nearby railroad. Zoning was designated but Future Land Use for this property was not. Adjacent Future land Use Map classifications and Zoning Districts: North: No Future Land Use Holding Zoning District: East: Future Land Use Map Classification: Zoning District: Existing Land Use: Public Facilities PUB DOT Maintenance Yard South: Future Land Use Map Classification: Zoning District: Existing Land Use: Industrial IND Industrial related offices West: Future Land Use Map Classification: Zoning District: Existing Land Use: Commercial & Single Family RMF Vacant and Commercial stores Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Sylvester and Penny Butler Petition No. 07 -003-SSA Summary: The subject property currently is not classified on the Future Land Use Map. The applicant is requesting this Future Land Use Map change in order to continue multi-family uses on the subject property. The Multi-Family Future Land Use Category will allow apartments, duplexes, and single-family homes on the property at a density of up to ten dwelling units per acre. The property is currently within the RMF Zoning District. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi-Family Land Use category. Based on the application, it would appear that the proposed use (multi-family development) is consistent with Objective 2 and its cOlTesponding policies in the Future Land Element. In addition, the proposed Multi-Family designation would create consistency with the RMF zoning district for this property. B. Concurrency of Adequate Public Facilities The subject property is developed and already receiving adequate public facilities. It does not appear that this fact would change by allowing the Multi-Family Future Land Use classification on the property. C. Compatibility with Adjacent and Nearby Land Uses This entire area, starting from west of U.S. 441 to east ofNW 8th Avenue and north ofNW 8th Street, has been in transition from Single Family to Multi Family over the last few years. The applicant's request will be compatible with adjacent uses as the existing neighborhood seems to reflect the same level of residential intensity. D. Compliance with Specific Standards of the Plan. This property would be best served by changing its Future Land Use category to Multi- Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. Analysis and Conclusions Based on the above information, staff recommends approval of the request to amend the Future Land Use Map for the subject property to Multi-Family. Submitted by: James G. LaRue, AICP February 7,2007 V....4~ ~. "'.".,. ",,-..-,-__- "'....,.,,'...... _,.' , ._'~~_k'.'_.._....M..~"~'......_""""'-" ", ..,u'. 2 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached roPYOf"'~~ . . . ,(! ~ ~) (;tTL~ inM:ttJJ~ &ah~fiU V() crh ',('oj in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of I !~q ) (~)o/Ol / Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubftcation in the said newspaper. 'W~ Sworn to su scri d fore me this ~. A.D.20 ()1 ' . . (:;(ctb~~ Notary Public, State of Flori a at Large I PUBUC HEARING NOTICE PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS NOTICE: The Planring lloard/BOard of Adjustment and Appeals of the City ql ()kee.. chobee, AoIida wIH meet on TbursdaY, February 15, 2001 at 6:00 p.m. or as soon thereafter as possible. The meeting will be held at City Hal, 55 Southeast 3rd Ave- nue. in the CooOOI Chambers, Room 200, Okeechobee, Florida. The Items of con- sideration at this meeting are: . * Conduct a Public Hearing to Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-oo3.SSA. Sylvester and Permy Buller are the property owners and appUcants. The application is to change the Future Lane Use from no designation to Multi-Family (MF) for property located at 700 NW 91h Street. Legal description: Beginning at the Sou1l1west corner of Lot 6 of Block 40, City of Qkeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okee- chobee Coorty, Florida, and run North 150 teet; theoce West 150 feet to the East Une at Tuscaloosa Street; thence South aloog the East Une of Tuscaloosa Street to intersection with the North line of 15th Street; thence East along the Nor1l1 line of 15th Street to the point of beginning and is approximately 0.516 acre(s). The pro- posed use is for a multi-family dwellings. * Coosider any proposed amendments, submitted by City Staff or citizens, to the Comprehensive Plan, which include the Land Oevelopment Regulations (LOR's) and render a recommendation to the City Council tor consideration and final adoption. A copy at the entire application(s) and agenda are available in the General Seriices Office, Rm 101 at City Hall or by cailing Betty Clement at (863) 763-3372 1<218. Please be advised that the Board of Adjustment and Appeals will serve as the deci- sion making body (quasi-judicial), 00 behaW of the City, to approve or deny Special Exceptions or Variance Application(s}. The Planning Board will make recommenda- tions to the City Council for cooslderation and filial adoption of Comprehensive Plan Amendments, Rezoning Applications and Land Development Regulations (LOR's) Amendments. PlEASE TAKE NOTICE AND BE ADVISED that ff any person desires to appeal any decision made by the Planning Boarl\'Board of Adjustments and Appeals with re- spect to any matter considered at this meeting, or heari"9 wiillmd to ensure a ver- batim record of the proceedings is made. which record Includes the testimony and. evidence upon which the appeal is fo be based. Tapes are used for the sole purpose of back-up for the Cleri<'s Office. In accordance with the Americans wrth Disabilities Act (ADA) and Florida SlaMe 286.26. persons with disabilities needing special accommodation to participate in this proceeding should contact Belly Clement. no later than two (2) working days prior to the proceeding at 863-763.3372 x218: rr you are heanng or voice impaired, call mD 1-800-222.3448 (voice) or 1-0888.447.5620 (TrY) BY: Brian V,'Mehall, Zoning Admimstrator 189117 ON 1/29;219/07 I ~ ;~. J t" t" -:: ~ ~ tl 'I' ...........lll~..1t...lI.. .... ill;; CONSTANCE l. HAWSE ","":s.'::::~"<:, Comm# 000563848 {~~1} Expires 6114/2010 ",~~.:.""" Florida Notary Assn. Inc ;tc~I.I.'.il,""'Il!!lIU"""""""". Nov 21 OS 12:5?p Sc. t Carter Sir;ns 239543b631 8'3 - 6-7~ - Ll'/I.{ ". 1 A\ "\ ~~ .- .07" 25" :1006 1.1: 00 F.U S6J 16J 5276 07/25/C~ 1~ ll:25 F~l Zj9 543 212~ " U;); :,J1ru~ 'l'\J1:: 14; ~ll n..a. ;:~" S.U :U.2,;4! PLANNI~G & DEVELOPMENT DICK r~l~~~~~ K'~ DI~ PRl1~U' III J! tal 002 ~..~--- "..--. 1\ \ \ st ~''l s.. POII:WJ1J.41_ IUClIn' QJt VA" - CICIC-1I'I1l1 PAC! tan FLORIDA. DEPARTMENT OF l'RAMSPORTATlON RE: Application for OUldcor ac1vet1i*lg sign permit To be c::ampl-.d by ap,:rlic.Qrrt: ~_ V I.wC./CEHTEXBIAL >>U1LDB1S OF LEX CQ. Namaor~larCa~:_C&r.TB.1t.~Pll::t"IC....~."I'r AD. .. 1;:11(1. Sign 1:5; exil=1ng -L pro~ . County. OUECaOBEE ~.ifu~ ~"way Nasna and ~~ Sll 70 l Sit P AltK S1:lLBET Sigrllocl!lon'de.iU;~". 701 SV PAn STlLEE't OUECROBllB FL 5edion: 2. T_/I5Np: 2 1 RangI!l: 3 7 PalCelIO#: 2-2 )-37-35-0AOO-0003-BOO To be eampicted by 3J11PI'Op~ =oaa..g offidal:- ~ Dfpllllled an b1 Futll"'> Land un Mag: ('3 .-..~~'- The prim:aIy bind USII!:S unde~ tJIia ~......... IIII'e: (">.-.......::lIP',,~ CbrrentZMing Gfparl:l8l (ftaIIl L.-md C)uIId).......~):. ~"D ilaeprimary"'NfusesUI'IdQ'INs~~.~i8nE:~,,"\ ~'l-. ~rNV~ ~"IIJ6- ~ F'tea5e ~e VIe MIl'e ~ CIalt!ptGne ~..Gf Ihlt ptIlS1m ctIe ~Q....M,rr:IJI1 CDnIac::t f 8ddi!brlal1$armaficn is reql.liIecl: -r-~ ~~ (~Cr:O)'~-'E!>3l"2- \ I:Dr1iry thaUhe;abDV9 ;,4o)..UQ.....~ r~tne de.:sigJlallalt efthepan:zl as it is SllCnm an 1h8~ ca~veplBn adDpl8l:1 ~__.......,..._.........._~~:~______' SignstIn fllflCC8l ~ CHfiQsl ~ ~ ~ '.....~ - ...~'S. J:d2aes., :o....."U:.t,..C:r~~l... Printed Ilbtmc and iRle . - I LoC4ilI GGIl'emment P8mis8iDft: ~ _.......... bebr. YoU.., saIIrit~taIm af'::ldllen....._,,~ hit !he lIIgrf ClJmpie8 ~ a111Dc:1J 9C"'OfI'lftdIII ~ Fora Pf...,. . .~ . c:opr r/l1l\e ~ ~isnIe:d ~ the IDcuI oawerrvnenl '"" be~ The lI~"'_,&io'9..ign rcrenBRIid Jn1bis ~ t/' E ir, compi;mcelllri'lh all duly' GIdDpIed IDc:8I Oldnllm:a:s ad i.s' ~~.. be ial8I "'.. .. _ Is n.crt "" c;DII'I~ wlIIlloc:al ~.tlutis ~8IlSdflg 8&. ~ sfr;In. .1llJi:mc:l v."ltl\ 'Dad ordirl;ncP.s anCIieNouId be~ .~ _ be.. ~ ~~. ?:/~fo~. 0. -7 ......ts. ~_o 1 . d vl.E~-~v9-SE2 ~'>tsue.Jd .Ja~o~ eSS:11 90 12 ^o~ City of Okeechobee November 13, 2006 Centennial Builders of Lee County PO Box 3648 . Nortll Fnrl My~r;;" FiOliJa :139: x Rc: Building Permit Number 420-06-07 Please be advised. Building Permit Number 420-06-07 is being voided due to incorrect infonuation on the application. This permit Wa$ h:;sued for the JI1dusuial Zoning District, when in actuality it is in the Central Business District. Thc Central Business District docs 110t allow for OfT-site signs (billboards). We will be issuing a refund for the cost of the permit. Plc..1sc reference See. 70-303 oithe City ofOkeechobee, Florida. Code of Ordinances. We sincerely apologize for any inconvenience this may cause. Sincerely, ~~. Thoma~ Forbes Building OlTIcial Enclosure cc: Bl;an Whitehall, City Ach"ill.i:lln:1iur John Cook, City Attorney Betty J. Clement. General Services Coordinator IF Ibjc 55 S.B. Third Avenue · Okecchobce. Florida 34974-2903 · (863) 763-3372 . fax: (863) 763-1686 ----- --. --- --V..- ----.----.. ,...~ TIDS CARD MUST BE POSTED AND VISIBLE FROM THE CLOSEST STREET UNTIL CERTIFICATE OF OCCUPANCY OR COMPLETION IS ISSUED. BUILDING PERMIT ~.of,-O'" 1-800422-5220 NOTICE: o ELECTRIC FOR: DATE:" 1-800-422-5220 1-800-422-5220 TYPE INSP INIT & DATE TYPE INSP INIT & DATE TYPE INSP INIT & DATE T-pole Underfloor Plmb UncJerfloor Elec Pilings Grade Beam Monolithic slab Slah ~ Footino ~ Other Footing Ground Fill Cells Tie Beam Lintel Rake Beam Wall Sheeting Roof Sheeting Trusses Insulation "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." F.S. 713.135 -.- -- -----. --...- ----.---""... ....~ '.' :'?:i;t:~:~.::?-;,.. . '.;'";i}~,/. . .. ,;:,:;::2.,.' . ':;k1~~~,~',. . · . ~.- . . '!. , ~., .:, ~ . ",_'-r ".. .. " . . .. y. . '" TO~":'" '~:~lt::':"U"NiFQRM' '. ':':.:)f{):::~.~~.. ".:I.lO-OE,..':' . ~(:"'" .' . ~c#!.:' '.~.~,'::R'.~'~IT A..'p.....nh~A.:rIO. "N" ;:;';,.;.'~:>~.: 'FPL' D' ; rl-_JIr~.... . '_":' .:~!~- ~':'.",.:': i!.i INSPE~.fii:S.':.' < ~:)VI ...,.,\-~~ .."...., . ~..'.~"3'..~~ . [j(;_.. 1-800;422~"",,~.~ '.'~. '.:,. .,...~~:~;;NR:OIlFRINI,:,auaMOM.Y ..... _ .!;j~i,.;.<i ,,' ~~.g., OOO~j",:, ~o~'~;;;~~:~~.>.::~; , ISSUwG,:~~.....,: c.J~' ~.tr~ ~aY ...~~noN.. '701.i9Wt;Jl).' 5/ MUNIClPALnY'." OCc.nv , PROJECT DESeII.", PrION Y1,,~\.n..... JL"( , -. Q$iPf, L"'-.: ~H,j.. l.l l~~ In! .. or~~v ~",.:J',-,. '..I 1~"HA"h-..:.:.' ~AddlIIt.IncUle~!~..:. ~.$. ,~ri~ ~'T ':t'~1-~~Coc>>. ~~(Uc.No.) A '~~.~Cb".. 1\ _ & . -""'.... ~-Inl:lIdIt~c:q '" ~{N"'"'<;:..,~,,,,,i .t.~w.h\~t & \ V.I r~l'{o3t.~;'r.... P...~..k~." Ar\v. ~a.rbJl!' ~ ~-. ~t-~';-;:-f n. .!~<i',,' CcnIIucIonConllactcr(lJc:.No.) '- MallngAcScn.-InCIudlICllya~ ?'_o.l f -..".,.,.-~~ /:'to. >'" ". .~'lO~ ~c; S"lo4! 17'-...... \ MoitIgAcScn.'1nCIudlI CIIy a ~ T--'- .1nl:lIdIt~ Coc>> AoaIngCcWlqctor(Uc. No.) I'Unbing Cclnlrac:tot (UC. No.) Gas CQnlrocloci: (Uc. Mo.) SectrIcaI~(UC. Mo.) Alarm CanIIactcr (lJc. No.) HVAC CcnIroctor (lie. NoJ MoIIno~ -1ndudB CIIy a lJp TeIlIClharw -1ndudB AI8a Code : PROJECT INFORMAnON MalIng Add!-. -1ndudB CIIy a ~ Ma!lngAdlna -1ncQ:Ie OIya ~ MalIng~-1ndudB CIIy a ~ MalIng Addras-1ndudB ClIy a ~ MQao,g ~- ~ Cltva2lp SUbdvision Nart;le : t. ,/'. '. !,' I PrOPOS8id use of lot o1her 1hOn builcling T8I8phorw -1nCIudlI AI8a Code TeI8phone. fncIud8 AI8a Coc>> TeI8phone.1nCIudlI AI8a Code TeI8I:lhor1e. fncIud8 MIa Coda ~C~(IIC.NO.) :1-.. TlII8phone -1rQ,de MIa Coda I lot No. JBlOCk No. Proposed o~ ~f;~1I7rts of buiding 1. CODE IN EFFECT-';";' , '..\ " 2. AREA 6. ELECtRICAl 9. HVAC EQUIPMENT Unflrished Entrance Palel ~ Forced AI Furnace . .-, Basement Sq Ft SIze:_cmp Radiant Bc1seboa-d or Panel - . .F - -, Living Area Sq: Ft: ~rground 0::' Pump 1 ADDI.....AnON D""IE Garage Sq.Ft, Overhead B centralAirCondItioni1g O. .........~ ft '"-- 7. FOUNDAOON Other """ "'" Sq. Ft. ~ ./, 5 {. .: TOTAl 0 Concrete 10. PLUMBING ',k-' '/ f.... c: 0 MCISOI'Yy Sewer 3. lVPE 4. CONST. TYPE 5. srOAlES 0 Treated Wood OMunidpol , 0 Other o SeptIc o Single Family 0 Ste 0 l.story 8 USE a..-: o Two Fomiy ConstnJcted 02-Story. O.........t No. 13 CommerCial 0 Other OSeosoncl 13. ESTIMAltD COST o Other 0 Monufactured 8 ~ S /'...;. (c. V _ The applicant agrees to comply with the MunicPoi Ordnances and with the conclilions of 1h1s permit; understcrlds that the issuance of the permit created no legolliObilty. express or impled. of the Department. MunCipollty. Agency or Inspector; and certifies that oI1he above infomlation is ~ccuro:re. Hove Permitl App6catlon number, <;IOd address when requesting INpecftons. Call-100'.422-5220. Give at least 24 hOU'S.notic~.on aI nspecfions. "- .-.--.-. T . / t. .-' SIGNATURE OF APPLICANT ~.-;:. '.. DATE C: ._... -' ,j ..A~ c 11. WATER 8 Municipal UtIty Private On-SIte Well o County Wet Permit 12. ROOF tyPE o Shingle B Built up Steel 8~rrorooe APPROV At CONDmONS This permit is issued pursuant to the attached conditions. Falure to comply may result in suspension or revocation of this pem;t or other penalty. fEES: FEES: PERMIr EXPIlATION OR DENIAL Permit expires 6 months from ctote is- sued unless other-yINiSe noted below or governed by row: PERMIT ISSUED BY MUNICIPAL AGlNT: Building Fee Electric Fee .P1Umbing Fee HVAC Fee ROden BCAl , ")!her ial '+e - MUnICipal Files . IlUll.OING.05103 Total o This permit has been denied. See letter attached. Yellow - III Office ~""\A-::'~~I Dote , lJJd. 0 ~:' Certification No. "e.v4.ft./ ,l=.t:.. --~ -'~ . ...;,a- A10flT1 Fee Gas Fee Sprinkler Fee Fink - Clerk/Assessor <:>oK> .. ""'Pp.Con1' - - -. - - ~ 1- ----- --. --. _6."_ "'-'W'ttJ'tJ.....""'u......... 1""'" l. . . I~DEPENDENT INSP~~ONS. "LTD. 1-800-422~5220 - . ". - DlSCLOSU~S1~_~t,...: . NOtIce fit ~~Iint: . - . NOTICE NonCE NOTICE . NOTICE NOTICE NanCE . . Florida StatUte 713. 135(d) reqUires that if ttie'dire.d ConlraCt is-greater than S2500~OO (tS,oOo.Oo If a di~.coot;acfto . repair or ~Iace .an edsting heating or:alt COnditiorliri.g _m). the apPI~ shalifie w.ittl the i~ifig *uthont,-priOr to the first inspection either a.certifiec:feopy of the ~rded notice of.c:omni80~ or a notarized stat8fT\8~ ~ the notice of c~cement has been fUedJor recording. along with a copy thereof. In 1he-8bSenc:8-QUhe'f1'ng of a certified copy of the recorded notice of commencement. the. issuing authority shaJJ not perform or appr'Q\f8 subse-" quent inspeCtions untif the appiCantfiJes by mail. facsimile. hand delfvery,.or any other means such certified copy with the issuing -authori~ The certified copy of the notice of Commencement rrost coniain the name and address of the owner, the name and address of the cOntrador, and the location or address. of the property being Improved. . .. . ASBES7DS ABATEMENT FBe 2001 Section 104.1.10 Asbestos. The enforcing agency shall require each building Permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates t~ owner's .or operator's responsi:lility to comply with the provisions of 8.469.003 Florida Statutes and to notify the Department Of EnvlrOnmen. tal Protection of her or his intentions to remove asbestos, when applicable, in accordance with state and federal taw. AODITlONAL PERMITS MAY BE REQUIRED In addition to the other requirements of this permit, there may be additional restrictions to this property that may be found in the public records of this county, and there may be additional permits required from other gowrnmental entities such as water management districts, state agencies, or federal agencies. F.S. 553.79(10}. I have read this notifICation and by my signature agree to comply as stated and promise in good faith to deliver this statement to the person whose property is subject to attachment Under penalty of perjury. I hereby certify, by my signature,. that all statements made on this application are true and correct and that no construdion has begun, except as otherwise has been disclosed. before the permit for this work has been issued. THERE SHALL BE NO INSPECTIONS WITHOUT FULL COMPLIANCE! Name: C....' tI..~..!!C.. ~ 14.~ \,.'\ l' Ad \J Add.....: f - 'e~ ~ 'I ~ 10. l=il>, ':f l.. I Signed: ~ --...... Date: ~\1..~\O~ .3~ ~, \.{ City, Stale. & Zip: Permit Number ....tI-:a:.." W~~ BEnY J.Cl.EMENT !'i J; MY COUMISS~ 'OD393S59 ~ ..... · EXPIRES; Fetllua.y7. 2009 3andooI ""'-IY,,*,,~ NOTICEFLOAIOA 1 0102 WHITE - MUNICIPAL YELLOW. APPLICANT DIVISION 9. CENTRAL BUSINESS (CaD) DISTRICT* Page 3 on (lOR 1998, ~ 394) Sec. 90-316. Additionai regulations. The following additional regulations shall apply to all uses within this district. In the event an applicant cannot comply with any additional regulation due to the requirements In section 90-394, suCh applicant may, in conjunction with the site plan review by the technical review committee, request a waiver of any such additional regulation. If the technical review committee determines that the applicant cannot comply with the additional regulation due to circumstances beyond the control of applicant, thecommittee may recommend to the board of adjustments to waive such additional requirement. Additional regulations which shall apply to a!1 uses include but are not limited to: -..- " .- --_..' _a. ___. -ill..-~.?!1E~!!.!."!.~!.e~~i5?!1~..:. ....__ . _ .._.._ _ '.. _ , , .. (2) Parking and loading regulations. (3) landscaping regulations, (4) Sign regulations. (5) Accessory regulations. (6) Supplementary regulations. (7) Environmental and stormwater regulations. (8) Utilities regulations. (9) Building design guidelines. (LDR 1998, ~ 395; Ord. No. 816, ~ 1, 24-2003) Secs. 90-317~-90-340. Reserved. http://libraryl.municode.com/mcc/DocView/11366/1/1651I68/177 11/13/2006 DIVISION 9. CENTRAL BUSINESS (CBD) DISTRICT'" ~~ Page 2 of 3 (11) Outdoor vehicle sales lot. (LOR 1998, ~ 392) Sec. 90.314. Customary accessory uses. Each permitted principal use and special exception use in the CBO district is also permitted to have the customary accessory uses for that use. (LDR 1998. S 393) Sec. 90~1~~ ~o!_~~d str,!ct~.re r~~_uirem!,~ts. . .. .' Except where further restricted by these regulations for a particular use. the minimum lot and stfl.lcture requirements in the CaD district shall be as follows: TABLE INSET: (1 ) Minimum lot area. All uses: Area As needed to comply with requirements set out in this division. Width None .(2) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use. the minimum yard setbacks shall be as follows: a. All uses: Front None Side None or at least eight feet; 20 feet abutting residential zoning district I Rear None; 20 feet abutting a residential .... - . zoning district b. The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district. (3) Maximum lot coverage by all buildings. Maximum Maximum Impervious Coverage Surface All uses; 85 percent 100 percent (4) Maximum height of structures. Except wnere further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, unless a special exception is granted. (5) Maximum floor area ratio. All uses shall be 3 feet. http://library1.municode.com/mccfDocView/11366/1/1651l68/177 111.13/2006 .,"":, -" DIVISION 9. CENTRAL BUSINESS (CBD) DISTRICT* .Page 1 of3 Sec. 90-311. Generally. (a) Central business (CaD) zoning districts shall be permitted only on land designated as future land use category commercial in the comprehensive plan. (b) Uses in central business (CeO) zoning districts shall be subject to the regulations of this division. (LOR 1996, ~ 390) Sec. 90-312. Permitted uses. The following principal uses and structures are permitted in the ceo district: (1) Professional office, business office, medical office. - . .' .. - . ... . (2) Retail service, retail store including outdoor display of merchandise. (3) Restaurant, cafe. (4) Personal service. (5) Dry cleaner, laundry. (6) Private club, nightclub. (7) Craft studio. (8) Business school. (9) Commercial indoor recreation. . . (1 0) Commercial parking garage or lot. (LOR 1998, ~ 391) Sec. 90-313. Special exception Uses. The following uses and structures are permitted in the ceo district after issuance or a special exception use petition and may have additional conditions imposed at the time of approval: .... . (1) Drive-through service. . (2) Auto service station, car wash. (3) Radio, television or cable reception, transmission or operational facilities. (4) 'Mechanical and repair services. (5) House of worship. (6) Marina, dock. pier. (?) PUblic facility or use. (8) PUblic utility. (9) Permitted uses in excess of 45 feet in height. (10) One dwelling unit per commercial building, not exceeding two bedrooms or 600 square feet. htt.p:/Ilibrary r .municode.com/mccIDoc View/l J 366/11165/168/177 11/13/2006 TO SCHEDULE INSPECTIONS CALL INDEPENDENT INSPECTIONS. lTD. 1-800-422-5220 UNIFORM. PERMIT APPLICATION POWER CO. FPL 0 FPC"p 420-06-01 PERMIT NO. ~- \-3",,-&c;-0A00-, Q.,,,o:J- tb600 PARCEl' ISSUING. MUNICIPALITV PRO~=nON 1()1.!tIA(?iIQ S/ PROJECT DESCRIPTION Yh\ ~~~~_. 60s CI:Jn\IDl;tOt (IJc. NO.) EIectIio:d CQn1ladOt 0Jc. No.) Nom COntrac1or (IJc. NO.) McalQ~ -1t'tcIudll C1y" ZIp MoiIng ~ -Include City "lIP MoiIflg AdC,tIIIsi -lrcllda dIVa .- TeJclhane. 1I'"OJd8/WeO Code Roalhaccnrvctor G.1e. No.) NaIlIng Ad<lrWo: - ~ CIIy a ZIp .' ---_.~-~~ -.--.--. lOl8Clllona - rlCIude IftG COde ~~'lnCIu~CIy.Zlp Tek:$hCKlV -1nCIudo Mta COde HVAC ConIractor OJC. NeL) MaInO ~- hdude CIIy aZlo T8I8phOnIt .1nC\.lOII1wtIa Code !I:d*IBfCclnhOC1at 6 ie. NO.) Mailing ~. IncU>>CiIY IkZlP T~ -lnCIude AlIIOCOde otbUllding Lqt No. No. PROJECT INFORMAnON , r ( f:t;.'f,', ~ f~ 10 10. APPLlCAnON DAle 6 6. ELECTRICAl. 9. HVAC EQUIPMENT 11. WATER Entronce Pa1eI ~ Forced Airfumace 8 Municipal UlIItv SIze: _ cmp RodIant Baseboard or Panel PriVOte On-SIte Well SeMce: Heat Pump 0 county Wet Pennit UndQrgrotnd Boiler . 0Yertw0Q a CentroI Air Condit'lCII1ing 12. ROOF tyPE 7. FOUNDAnON Cl Other ~ COnaete 10. PWMBING 8= ti=Wood ~ .. CONST. TVPE S. sroRIES 0 other ~MunIcIPOI ~CJrle o 0 \.start $ePtiC l1Ie ~TWO Fomily ~c1ed D 2-SIoIV .. USE !'emit No. . CommeieiOl 0 0It1et I=l SeosonaI 13. 1St1MAlB) COST Other 0 MonufocIu'ed ~~ s /0 C7f0- lhe appIcant agteQS to comply wtth the MunIcipoI 0rc:Inances and with the conc:itiOnS of this . . undefStands that 1he u..onee of the permit creotad no Iegalliobllftv. express or Impled. of the Department. MunIciPOIi'V. Agercy or ln5i)ector: c:r.d certifies that oIl1he abo\Ie infom1Olion Is accurate. Have Perrnlt/ApplicOtion number whef1 ~ insp9dions. CoR' -800-422-5220. GIlle at 1eost24 hOurS 01 inSpeet1ons. SIGNA lURE OF APPUCANT DATE ~(Jlf APPROVAL CONOmONS ThIs pelmit Is i55ued Pl.nUCIn . attached cordttons. FaikJreto comply may I&S\it In suspension or re'IOCClflOn Of this permit or other pQnOlty. 2. AREA lk1finlshed Ba5ement livlng Area Garage Other TOTAL SQ. ft. SQ. Ft. SQ.FI'. Sq. Ft. FEES: FEES: PERtAIT EXPIRATION OR DENIAl Permit expirQ$ 6 months from da18 is- $ued unless other- wise noted below or governed by law: PERMIT ISSUED BY MUNICIPAL AGENT: Bui\ding Fee EIeC111cFee Plumbing fee HVAC Fee RadOn BCAl 01hef Total White - Munlcipol Files -. -- ~...~.- ......,.... AlDrm Fee Gas Fee Sprinkler Fee Toto! o This permit been denied. letter attached. Yellow - III OffIce Gold - AppIicont - -V"- ,... ~ -~..' ... Permit No. Parcel No. 2-21-37-3.s-oAOO-00003-BOOO State of Florida County ofOkeechobee Notic:e of Commenc:ement The undersianed hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in ~s Notice of Commencement. Description of property, legal description of the property, and street address if available: UNPLATTED LANDS OF THE CITY ABANDONED RAILROAD OF FEe BEG AT SE COR OF BLK 161 CITY THENCE S 70 FT TO BORDER LINE, 701 N.W. PARK STREET General description of improvement: Owner information: Name(s): ..&..ddress: Interest in property: Contractor information: Contractor Name: Contractor Address: Surety information: Name: Address: Amount of Bond: Lender information: Name: Address: Persons within the State of Florida designated by owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7, Florida Statutes: Name: Address: In addition tobimself. owner designates of to receive a copy of Lienor's notice as provided in Section 713. 13(l)(b), Florida Statutes_ Expiration date ofnotice of conunencement: (The expiration date is one year from date of recording, unless a different date is specified.) MARY ANN NEWCOMER A/KI A MARY ANN TUTEN 2457 S.W. 18TH 40URT. OKEECHOBEE. FL 34974 11111111111111 FYI r ~ ?nn.c.n11717 np RI! nn60' PG 1 n11 OQrE' 0'129'100' 11" 99.32 (,M SKARD" R08ERTSON, ClERK Of CIRCUIT COURT OKEECHOBEE COUNTY, Fl ~~~UKUIHb ~~~~ lU.UU KECD~DfD &Y R Parrish P, 1031; tips) * Please note: A copy of bond MUST be attached when recording. Contractor's Name Printed MARY ANN NEWCOMER TUTEN --.-.- Property Owner's Name Printed ~~ d,~..l"""'/( Lz:-<-' i ture ofP rty Owner Signature of Contractor Swom to and subscribed before me this _day of .20_. Signature of Notary cribed before me this ,2001.. . ..... // " O'f'cl~1 SUI LlIYad~ Huf' HO'"'r PU.lic, Ilat..f F'."II. Mr c...... upi,.. O.c.llll1e, 13, JODI COllllft. h. DO 37"" A certified, copy of the recorded notice must be posted on the construction site. A certified copy must e su mitted to the building department before first inspection. [fthe improvement described in the notice of commencement is not actually commenced within 90 days after the recording thereof. such a notice is void and of no further effect. Seal: 12/14/2e% 17:49 8535754174 rUX ~ ~AMUNNl ~A t-'Aot. In FOX &. RAMUNNI, P..A" AITORNEYS AT LAW Amira Dajani Fox Steven A. Ramunni . (also member Texas Bar) Please respond to LaBelle Office Via FaCsimile and Federal Express , To: City of Okeechobee Adminis(rative Office/City of Okeechobee Board of Adjustment NOTICE OF APPEAL From: StevenA Ramunni, Esquire December 14, 2006 IN RE: gentennial Builders of Lee County; Building Permit No. 420-06-07 Notice is hereby given that Centennial Builders of Lee County. Appellant, hereby files its appeal of the decision dated November 13, 2006 by Thomas Forbes. Building Official, City of Okeechobee, concerning the rescission of Building Permit No. 420-06-07 issued to Appellant on or about July 12, 2006. Appellant is the holder of the above-referenced Building Permit concerning the erection of a billboard located at 701 SW Park Street; Okeechobee, Florida. It is alleged that the above-named Building Official erred by rescinding the Appellant's Building Permit. As a result of the Building Official's error, Appellant has incurred substantial expense in preparation for the erection of a billboard on the subject property. . Appellant requests that the City of Okeechobee Adrvi1frstrative ffice and/or Board of Adjustment fix a time for hearing and allow the Appellant to appear to offer gument and to supplement the record herein.. / / . - ... Ffesp ",", Ste(~ / . Pox & Ramunni, P.A. Attorney for Appellant cc: Client John Cook, Esq. I City Attorney Thomas Forbes, Building Official 2211 Peck Street Suite 250 Fort Myers, Florida 33901 Tel: (239) 791-3900 Fax: (239) 791-3901 amira@foxramunni.com Post Office Box 1118 110 North Main Street LaBelle, Florida 33975 Tel: (863) 675-4646 Fax: (863) 675-4174 steve@foxramunnLcom City of Okeechobee November 13,2006 Centennial Builders of Lee County PO Box 3648 North Fort Myers, Florida 33918 Re: Building Permit Number 420-06-07 Please be advised, Building Permit Number 420-06-07 is being voided due to incorrect information on the application. This permit was issued for the Industrial Zoning District, when in actuality it is in the Central Business District. The Central Business District does not allow for Off-site signs (billboards). We will be issuing a refund for the cost of the pelmit. Please reference Sec. 70-303 of the City ofOkeechobee, Florida, Code of Ordinances. We sincerely apolof'ize f()!- any inconvenience this may cause. Sincerely, ~ ~~ Thomas Forbes Building Official Enclosure cc: Brian Whitehall, City Administrator John Cook, City Attorney Betty J. Clement. General Services Coordinator TF/bjc 55 S.E. Third Avenue. Okeechobee, Florida 34974-2903. (863) 763-3372. Fax: (863) 763-1686 TO SCHEDULE INSPECTIONS CALL INDEPENDENT INSPECTIONS, LTD. 1-800-422-5220 UNIFORM PERMIT APPLICATION TYPE OR PRINT IN BLACK INK ONL Y D VILlAGE ..J2rCITV PROJECT LOCATION (Building Address) ISSUING MUNICIPALITY DTOWN D County ~\u~ Gtu ~1./ POWER CO. 420-06-07 PERMIT NO. ':;2.- ;t \ - ~ " ._~S - oA Oel- <!Joooj- 'b{)OO PARCEL # FPL 0 FPC 0 1()I.J!1Wf'1?Q Sf Yf,,\ PROJECT DESCRIPTION Entrance Panel Size: _amp Service: Underground Overhead 7. FOUNDATION o Concrete o Masonry 4. CONST. TYPE 5. STORIES 0 Treated Wood o Other o Single Family 0 Site 0 I-Story 8. USE o Two Family Constructed 0 2-Story ~commercial 0 Other 0 Seasonal O 0 Permanent Other Manufactured 0 Other $ / () (10'0- The applicant agrees to comply with the Municipal Ordinances and with the conditions of this permi , understands that the issuance of the permit created no legal liability, express or implied. of the Department. Municipality, Agency or Inspector; and certifies that all the above information Is accurate. Have Permit/Application number a s when requesting inspections. Call 1-800-422-5220. Give at least 24 hours otice on all i;~~~~~'URE OF APPLICANT DATE ~~ vb" APPROVAL CONDITIONS Roofing Controctor (Uc. No.) Mailing Address - Include City & Zip Plumbing Contractor (Lie. No.) Mailing Address - Include City & Zip Gas Contractor (Uc. No.) Mailing Address - Include City & Zip Electrical Contractor (Lie. No.) Mailing Address - Include City & Zip Alarm Contractor (Uc. No.) Mailing Address - Include City & Zip HVAC Contractor (Lie. No.) Mailing Address - Include City & Zip Sprinkler Contractor (Lie. No.) PROJECT INFORMATION rts of building 1. CODE IN EFFEC 2. AREA 6. ELECTRICAL , ( ( f:df;~', 17 ~: JD Unfinished Basement Living Area Garage Other TOTAL Sq. Ft. Sq. Ft. Sq. Ft. Sq. Ft. 3. TYPE Telephone - Include Area Code Telephone -Include Area Code Telephone -Include Area Code Telephone -Include Area Code Telephone - Include Area Code ._~.""'- Telephone - Include Area Code o. lock No. EQUIPMENT 11. WATER o MunIcipal Utility o Private On-Site Well o County Well Permit o Forced Air Furnace o Radiant Baseboard or Panel o Heat Pump o Boiler o Central Air Conditioning o Other 10. PLUMBING Sewer o Municipal o Septic o Permit No. 13. ESTIMATED COST 12. ROOF TYPE o Shingle o Built up o Steel o Membrane o Tile This permit is issued pursuOntte-fue attached conditions. Failure to comply may result In suspension or revocation of this permit or other penalty. FEES: PERMIT EXPIRATION OR DENIAL Permit expires 6 months from date is- sued unless other- wise noted below or governed by law: Name FEES: Building Fee Electric Fee Plumbing Fee HVAC Fee Radon BCAI Other Total White - Municipal Files CI Qlltl nrr...rc f'lt;m':\ Alarm Fee Gas Fee Sprinkler Fee PERMIT ISSUED BY MUNICIPAL AGENT: Total Date ification No. ~u~.'l ., uJOIo o This permit been denied letter attached. Yellow - ilL Office Gold - Applicant VI V 1.:)IUl'l ..J. ':)1\Jl'l':) rage 1 Ul 1 .. Sec. 90-567. Signs in professional and office districts. The following regulations shall apply to signs in professional and office zoning districts: (1) Total area of all signs for an enterprise shall not exceed one square foot for each linear foot of property on a frontage street, plus one square foot for each two linear feet of property on side streets. (2) Three signs are permitted to advertise services on the premises, so long as there exist one business establishment and structure on the lot. (3) One ground sign is permitted in the front yard, and shall not exceed 50 square feet in sign area, 20 feet in height, nor be closer than 25 feet to a residential district. (4) These additional signs are prohibited: off-premises, portable, and wind signs. (LDR 1998, ~ 573) Sec. 90-568. Signs in commercial and industrial districts. The following regulations shall apply to signs in commercial, central business and industrial zoning districts: (1) Total area of all signs for an enterprise shall not exceed 1 1/2 square feet for each linear foot of property on a frontage street, plus one square foot for each linear foot of property on side streets. (2) Building and wall signs, and one ground sign are permitted to advertise services, and the sale or manufacture of products on the premises, so long as there exist one business establishment and structure on the lot. (3) One ground sign is permitted in the front yard, and shall not exceed 30 feet in height, nor be closer than 25 feet to a residential district. (4) That murals may be permitted by the city under the guidelines and supervision of Okeechobee Main Street Inc., which is a voluntary program, and which shall be created solely to promote historical and cultural scenes unique to the Lake Okeechobee area. Such guidelines are set out in appendix F to these regulations. (5) That murals may be permitted by the city on commercial, central business district, or industrial structures within the city, that promote a commercial message, subject to the following: a. That such murals shall be subject to sections 90-561; 90-562; 90-563; and 90-565 of this division. b. That the total area of the mural shall not exceed 100 square feet. c. That the mural shall not contain any picture, or representation, or message that the city considers obscene, indecent or immoral, or contains a representation that would be considered offensive to the values or sensibilities of the community, by'virtue of the fact such representation is gratuitous and does not contain a commercial message. d. That the mural is not in such proximity to the roads and rights-of-way in the city, or displayed in a manner, that would unreasonably distract the operators of motor vehicles, or raise pUblic safety concerns. (LDR 1998, ~ 574; Ord. No. 917, ~ 1, 11-1-2005) http://libraryl.municode.com/mcc/Doc View/11366/1/165/1811186 2/8/2007