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2020-07-16 (BOA)M ��.�.OF•oK�.�i CITY OF OKEECHOBEE, FLORIDA BOARD OF ADJUSTMENT MEETING • 9, . JULY 169 2020 SUMMARY OF BOARD ACTION I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, July 16, 2020, at 6:05 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive Order No. 20-69 issued by Governor DeSantis on March 20, 2020, and extended by Executive Order No. 20-150 effective June 23, 2020, the meeting was conducted utilizing communications media technology (CMT) as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The video, audio, and other digital comments are recorded and retained as a permanent record. II. ATTENDANCE Board of Adjustment Secretary Burnette called the roll. Chairperson Dawn Hoover, Vice Chairperson Doug McCoy, Board Members Phil Baughman, Karyne Brass, Rick Chartier, Felix Granados and Mac Jonassaint were present. Alternate Board Members Joe Papasso and Jim Shaw were present. CITY STAFF: City Attorney John Fumero, General Services Secretary Yesica Montoya, and Executive Assistant Robin Brock were present. City Planning Consultant Ben Smith entered the Council Chambers at 6:20 P.M. III. AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were none. B. A motion was made by Member Brass to adopt the agenda as presented, seconded by Member Baughman. Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Granados and Jonassaint voted: Aye. Nays: None. Motion Carried. IV. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:06 P.M. A. Attorney Fumero briefly reviewed the Planning Staff Report for Special Exception Petition No. 20 -003 -SE which requests to allow a proposed use of one dwelling unit per commercial building in a Commercial Professional Office (CPO) Zoning District, (Ref Sec 90-223(12)) on 0.688± acres located at 406 NW V Street. The Applicant is requesting to convert 1,029 square feet of office space on the second floor of an existing office building to a residential dwelling unit. The floor plans submitted show a two-bedroom, two - bathroom residential dwelling unit that will be accessible from both an external and internal stairway. Planning Staff recommends approval of the Special Exception request based on it being consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, stated their names and addresses for the record. Mr. John Fumero, City Attorney, Nason, Yeager, Gerson, Harris and Fumero, P.A., 3001 PGA Boulevard, Suite 305, Palm Beach Gardens, Florida. 2. The Applicant, Mr. Thomas Close, President of 401 Northwest Street LLC, was not in attendance. 3. Chairperson Hoover opened the floor for public comment. Secretary Burnette noted the Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to seven surrounding property owners. July 16, 2020 Board of Adjustment Meeting Page 1 of 3 IV CT) A IV. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED 4. No disclosures of Ex -Parte were offered. 5. Planning Staff's responses to the Applicant's presentation on consistency with the Land Development Regulations (LDR's) are, the proposed use will be located above the existing ground floor commercial use and is specifically listed as a special exception use in the CPO Zoning District. The property to the immediate North of the subject parcel is designated Single Family Residential on the Future Land Use Map (FLUM) and zoned CPO with the use being that of an insurance office. The property to the East is designated Public Facilities on the FLUM and zoned Public Use with the use being that of the Okeechobee County Courthouse. The property to the South is designated Commercial (C) on the FLUM and zoned CPO with the use being that of business offices. The property to the West is designated C on the FLUM and zoned CPO with the use being that of a vacant building. The proposed residential use is not expected to negatively affect adjacent uses. No changes to the design of the building will be necessary to ensure compatibility. No additional landscape screening is required as the proposed residential unit will be contained within the existing structure. It is unlikely that this proposed use would create any nuisances that would affect other uses. The proposed conversion of commercial to residential should not significantly affect the ability to provide services or utilities. Currently, it should be noted that the subject property is nonconforming to the current parking requirements. However, if the Applicant's request is approved, that nonconformity would be slightly lessened. The 1,029 square feet of office space that is being converted would require 3.34 parking spaces according to the current parking code. A two-bedroom multi -family dwelling unit only requires two parking spaces. The Institute of Traffic Engineers provides estimated trip generation rates for apartments and general office which shows a slight decrease in the estimated traffic generation for the applicant's request. Planning Staff's responses to the Applicant's presentation on the required findings are the property is designated C on the FLUM and the proposed use is not contrary to the Comprehensive Plan. One dwelling unit per commercial building is included under the list of Special Exception Uses in the CPO Zoning District. The proposed use will not have an adverse effect on the public interest. The proposed use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Allowing a second -floor residence unit within an existing building should have no impact on the neighboring businesses. The proposed use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. No required screening from surrounding uses is necessary as the proposed unit will be located inside the existing building with no exterior changes. The requested conversion of uses should not have a significant impact on water, sewer or transportation facilities. It is possible that adding one additional dwelling unit in the City could bring one or several additional school aged children to the Okeechobee school system. However, this potential increase should not significantly impact the County school system. This proposed use should not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. A motion was offered by Member Baughman to approved Special Exception No. 20 -003 -SE which requests to allow a proposed use of one dwelling unit per commercial building in a Commercial Professional Office (CPO) Zoning District, (Ref Sec 90-223(12)) on 0.688± acres located at 406 NW 3rd Street, seconded by Member Granados. a) The board offered no further discussion. b) Chairperson Hoover, Vice Chairperson McCoy, Board Members, Baughman, Brass, Chartier, Granados and Jonassaint, voted: Aye. Nays: None. Motion Carried. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:21 P.M. July 16, 2020 Board of Adjustment Meeting Page 2 of 3 i V. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:21 P.M. i 7 Dawn T. Hoover, Chairperson ATTEST: Plt�4 Patty M. urnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. July 16, 2020 Board of Adjustment Meeting Page 3 of 3 N M CO P 15 hm(j 160#aq notu ,.OF -OK m CITY OF OKEECHOBEE, FLORIDA �,. a JULY 16, 2020, BOARD OF ADJUSTMENT MEETING 9 MINUTE GUIDE 9 I. CALL TO ORDER Chairperson Hoover called the regular meet}' g of the P4annir�Boar�d for the City of Okeechobee to order on Thursday, July 16, 2020, at�6 o P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive Order No. 20- 69 issued by Governor DeSantis on March 20, 2020, and extended by Executive Order No. 20- 150 effective June 23, 2020, the meeting was conducted utilizing communications media technology (CMT) as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The video, audio, and other digital comments are recorded and retained as a permanent record. XII. ATTENDANCE Board of Adjustment Secretary Burnette called the roll. Chairperson Dawn Hoover, Vice - Chairperson Doug McCoy, Board Members Phil Baughman, Karyne Brass, Rick Chartier, Felix Granados and Mac Jonassaint were present. Alternate Board Members Joe Papasso and Jim Shaw were present. I ao CITY STAFF: City Attorney John Fumero, City Planning Consultant Ben Smith, General Services Secretary Yesica Montoya, and Executive Assistant Robin Brock were present. XIII. AGENDA 1. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were . 2. A motion was made by Board Memberto adopt the agenda as presented; seconded by Board Member ki(r,!1%litl�b� Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Jonassaint and Granados voted: Aye. Nays: None.(Motion Carried. IV. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 6!6 P.M. A. City-Wanning-Gonsultant Mr. -Smith briefly reviewed the Planning Staff Report for Special Exception Petition No. 20 -003 -SE which requests to allow a proposed use of one dwelling unit per commercial building in a Commercial Professional Office (CPO) Zoning District, (Ref Sec 90-223(12)) on 0.688± acres located at 406 NW 3rd Street. The Applicant is requesting to convert 1,029 square feet of office space on the second floor of an existing office building to a residential dwelling unit. The floor plans submitted show a two- bedroom, two -bathroom residential dwelling unit that will be accessible from both an external and internal stairway. He recommends approval of the Special Exception request based on it being consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. 1. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, stated their names and addresses for the record. j L ; 2. Mr. Thomas C. Close, President of 401 NW 3rd Street LLC, was present and available for questions from the Board. July 16, 2020 Board of Adjustment Meeting Page 1 of 3 3. Chairperson Hoover opened the floor for public comment. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to seven surrounding property owners. 4. No disclosures of Ex -Parte were offered. 5. Planning Staff's responses to the Applicant's presentation on consistency with the Land Development Regulations (LDR's) are, the proposed use will be located above the existing ground floor commercial use and is specifically listed as a special exception use in the CPO Zoning District. The property to the immediate North of the subject parcel is designated Single Family (SF) Residential on the FLUM and zoned CPO with the use being that of an insurance office. The property to the East is designated Public Facilities (PF) on the FLUM and zoned Public Use (PUB) with the use being that of the Okeechobee County Courthouse The property to the South is designated Commercial (C) on the FLUM and zoned CPO with the use being that of business offices. The property to the West is designated C on the FLUM and zoned CPO with the use being that of a vacant building. The proposed residential use is not expected to negatively affect adjacent uses. No changes to the design of the building will be necessary to ensure compatibility. No additional landscape screening is required as the proposed residential unit will be contained within the existing structure. It is unlikely that this proposed use would create any nuisances that would affect other uses. The proposed conversion of commercial to residential should not significantly affect the ability to provide services or utilities. Currently, it should be noted that the subject property is nonconforming to the current parking requirements. However, if the Applicant's request is approved, that nonconformity would be slightly lessened. The 1,029 square feet of office space that is being converted would require 3.34 parking spaces according to the current parking code. A two-bedroom multi -family dwelling unit only requires two parking spaces. The Institute of Traffic Engineers provides estimated trip generation rates for apartments and general office which shows a slight decrease in the estimated traffic generation for the applicant's request. July 16, 2020 Board of Adjustment Meeting Page 2 of 3 Planning Staff's responses to the Applicant's presentation on the required findings are the property is designated C on the Future Land Use Map (FLUM) and the proposed use is not contrary to the Comprehensive Plan. One dwelling unit per commercial building is included under the list of Special Exception Uses in the CPO Zoning District. The proposed use will not have an adverse effect on the public interest. The proposed use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Allowing a second -floor residence unit within an existing building should have no impact on the neighboring businesses. The proposed use will not adversely affect property values or living condition, nor be a deterrent to the development of adjacent property. No required screening from surrounding uses is necessary as the proposed unit will be located inside the existing building with no exterior changes. The requested conversion of uses should not have a significant impact on water, sewer or transportation facilities. It is possible that adding one additional dwelling unit in the City could bring one or several additional school aged children to the Okeechobee school system. However, this potential increase should not significantly impact the County school system. This proposed use should not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. A motion was offered by Board Member? to approve Special Exception No. 20 -003 -SE which requests to allow a proposed use of one dwelling unit per commercial building in a Commercial Professional Office (CPO) Zoning District, (Ref Sec 90-223(12)) on 0.688± acres located at 406 NW 3rd Street with the following conditions: a) The Board offered no further discussion. I b) Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Jonassaint and Granados voted: Aye. Nays: None.!Motion Carried CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT (.0 . I V.There being no further items on the agenda, Chairperson Hoover adjourned the meeting at P.M. Dawn T. Hoover, Chairperson ATTEST: Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. July 16, 2020 Board of Adjustment Meeting Page 3 of 3 • yesj(1a_1,s hafd Wn-Nen 110t1-0- OF-0 10t1-0- OFO m CITY OF OKEECHOBEE, FLORIDA -- p JULY 16, 2020, BOARD OF ADJUSTMENT MEETING 9 d MINUTE GUIDE CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, July 16, 2020, at,@ 'f. . in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive Order No. 20- 69 issued by Governor DeSantis on March 20, 2020, and extended by Executive Order No. 20- 150 effective June 23, 2020, the meeting was conducted utilizing communications media technology (CMT) as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The video, audio, and other digital comments are recorded and retained as a permanent record. I. ATTENDANCE Board of Adjustment Secretary Burnette called the roll. Chairperson Dawn Hoover, Vice - Chairperson Doug McCoy, Board Members Phil Baughman, Karyne Brass, Rick Chartier, Felix Granados and Mac Jonassaint were present. Alternate Board Members Joe Papasso and Jim Shaw were present. CITY STAFF: City Attorney John Fumero, City Planning Consultant Ben Smith, General Services Secretary Yesica Montoya, and Executive Assistant Robin Brock were present. III. AGENDA 1. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were r)0 2. A motion was made by Board Member "�S to adopt the agenda as presented; seconded by Board Member&LA:� r-� Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Jonassaint and Granados voted: t�61ays: None. Motion Carried. IV. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 604 P.M. A. City Planning Consultant i briefly reviewed the Planning Staff Report for Special Exception Petition No. 20 -003 -SE which requests to allow a proposed use of one dwelling unit per commercial building in a Commercial Professional Office (CPO) Zoning District, (Ref Sec 90-223(12)) on 0.688± acres located at 406 NW 3rd Street. The Applicant is requesting to convert 1,029 square feet of office space on the second floor of an existing office building to a residential dwelling unit. The floor plans submitted show a two- bedroom, two -bathroom residential dwelling unit that will be accessible from both an external and internal stairway. He recommends approval of the Special Exception request based on it being consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. 1. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, stated their names and addresses for the record. 2. Mr. Thomas C. Close, President of 401 NW 3rd Street LLC, was present and available for questions from the Board. qq July 16, 2020 Board of Adjustment Meeting Page 1 of 3 3. Chairperson Hoover opened the floor for public comment. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to seven surrounding property owners. �� 4. No disclosures of Ex -Parte were offered. 5. Planning Staff's responses to the Applicant's presentation on consistency with the Land Development Regulations (LDR's) are, the proposed use will be located above the existing ground floor commercial use and is specifically listed as a special exception use in the CPO Zoning District. The property to the immediate North of the subject parcel is designated Single Family (SF) Residential on the FLUM and zoned CPO with the use being that of an insurance office. The property to the East is designated Public Facilities (PF) on the FLUM and zoned Public Use (PUB) with the use being that of the Okeechobee County Courthouse The property to the South is designated Commercial (C) on the FLUM and zoned CPO with the use being that of business offices. The property to the West is designated C on the FLUM and zoned CPO with the use being that of a vacant building. The proposed residential use is not expected to negatively affect adjacent uses. No changes to the design of the building will be necessary to ensure compatibility. No additional landscape screening is required as the proposed residential unit will be contained within the existing structure. It is unlikely that this proposed use would create any nuisances that would affect other uses. The proposed conversion of commercial to residential should not significantly affect the ability to provide services or utilities. Currently, it should be noted that the subject property is nonconforming to the current parking requirements. However, if the Applicant's request is approved, that nonconformity would be slightly lessened. The 1,029 square feet of office space that is being converted would require 3.34 parking spaces according to the current parking code. A two-bedroom multi -family dwelling unit only requires two parking spaces. The Institute of Traffic Engineers provides estimated trip generation rates for apartments and general office which shows a slight decrease in the estimated traffic generation for the applicant's request. July 16, 2020 Board of Adjustment Meeting Page 2 of 3 Planning Staff's responses to the Applicant's presentation on the required findings are the property is designated C on the Future Land Use Map (FLUM) and the proposed use is not contrary to the Comprehensive Plan. One dwelling unit per commercial building is included under the list of Special Exception Uses in the CPO Zoning District. The proposed use will not have an adverse effect on the public interest. The proposed use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Allowing a second -floor residence unit within an existing building should have no impact on the neighboring businesses. The proposed use will not adversely affect property values or living condition, nor be a deterrent to the development of adjacent property. No required screening from surrounding uses is necessary as the proposed unit will be located inside the existing building with no exterior changes. The requested conversion of uses should not have a significant impact on water, sewer or transportation facilities. It is possible that adding one additional dwelling unit in the City could bring one or several additional school aged children to the Okeechobee school system. However, this potential increase should not significantly impact the County school system. This proposed use should not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. A motion was offered by Board Member �`'`� to approve Special Exception No. 20 -003 -SE which requests to allow a proposed use of one dwelling unit per commercial building in a Commercial Professional Office (CPO) Zoning District, (Ref Sec 90-223(12)) on 0.688± acres located at 406 NW 3rd Street with the following conditions: a) The Board offered no further discussion. b) Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Jonassaint and Granados voted• ye. Nays: None. Motion Carried CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT V.There being no further items on the agenda, Chairperson Hoover adjourned the meeting at P.M. Dawn T. Hoover, Chairperson ATTEST: Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. July 16, 2020 Board of Adjustment Meeting Page 3 of 3 Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 114DEPENDENT863-763-3134 NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF HENDRY Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, weekly Newspaper published in Hendry County, Florida, that the ..attached copy of advertisement being a 9 in the matter of in the 20th Judicial District of the Circuit Court of Hendry Coun- ty, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published in said Hendry County, Florida, and that said newspaper has heretofore been published continuously in said Hendry County, Florida each week and has been entered as second class mail matter at the post office in Clewiston, in said Hendry 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 that any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this /Zadavrti91nent for publication in the said newspaper. Katrina Elsken Muros Sworn toand subscribed before me this r day of AD Notary Public State of Florida at Large s ANGIE BRIDGES MY COMMISSION # GG 971582 .•.. K'z EXPIRES: April 20, 2024 '•.Foc F °; • Bonded Thru Notary Public Underwriters CITYOFOKEEC HOBEE PUBLIC NOTICE CONSIDERATION CFA PROPOSED SPECIAL EXCEPTION NOTICE IsHEREBYG'IVEN ifdt a (fUllSI-7UDICIAL PUBLIC HEAR - nvcwabehetib theOLyaa�eez:noafdax��„eaonme 7u1y16,2020 at6PM,oras�ontlpecc�teras atCTyFia1,55SE Std Ay2,Covr60!mibe�; 4 200, CM®adrober, Mmdtle, and rooeive hput n Spedal Ez cpfion Na 20 -003 -SE, by ft pope ty owrrey7tnnasCCtam,Pres 01`401 NW Std Sheet LLC The PHtiai 10,11m airse done dit unit pet corn• nnerdal lxnldng h a Cn nrnetdal Olfi� (CPO).7or7 District ref- emneCodeBodeSecdbn90-223(]2).TheprdpatymrNut BLOC saes, kpo�d at406 NW 3rd Street Legal: C0T54 10,11 AND32, BLOCK 126, oHmEmTHEREOF AS RECDRD- EDIN PIABT �B PAGES, PUBLIC: REACCORDM TO THE PLATODRDS OFOLCEEC HOBEE /�crn andthaveoptionstosiWntpuhfcoonrnerds Questions by 3.00 PM the day of the nhetirg; submt: fn sed topk of or nen tine car servio� OtfioG 863->63-3372 oct962A,W dld-a ,=messagetoanem- Comnrn5 will need aloud dun ,, rr!ass��W with a call CKs d the meeting Cantron the General Services Ofl oe wnh awry ues Bas. Eviclenor tcstirrwnry and argument wf" b uMfeuad u= CCnsible peW�s ossr�habe be afforded equal mrednration as if t: were offered In foraulmg,Prq.arrargacerutsla'o gswaat>�riate 'tuony The Man can be viewed on the wets dy deechobeemrrypuWj*- tkehtrrlatnsliectedacOhaddessabaedudrg bai�ShanS,Ntorr fl4BAM4:40PM,ameptforho8daysTheB= A*dn�eRs�vesastM demon making body on ft rretlertoapp uveordaVSpecW Emapbom ANY PERSON DEODM 70 APPEAL any deafonn made by the Board wtirue�erttoarrynulkrmrdderMahhSrnee' wilneedtoermteaver- batim runord of the prooaedg Is made and the record and ird sthe testirrgrry aevUeru� upon which the appeal will bav�d: In ao�rtkapce wth the ArnettmLswth D'cabdtlesAit(ADA),arypmwwihadm*asd*edby Ore ADA, that rpeec5 sperial aocmm�odabar m partldpate h th5 cot a th crneral Servivs Ctfne rro b. than three buN. 4=,.j proceedrg, 8E3-763-= BE ADVISED that shoutl you kerd to sines arp' doaang� video or tins to the Board In support or oppositi n to arty tern on the ac da, a d_ vtleo, or tern and be provided tDtfie Board by:Zor*gAd rMa WMoresDeOGr,FMmNo.240Q SE 41M ON 6124,71WM aNDEP6NDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee County - .y, . Florida, that, ahe attached copy of an advertisement being a in the matter of.'i` in the 19th Judicial District of the Circuit Court of -Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a. period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Muros Sworn to an4 subscribed before me this - day of r N AD ,u Notary Public, State of Florida at Large o ""Y`�'• ANGIE BRIDGES *a ,' MY COMMISSION # GG 971582 Pa' EXPIRES: April 20, 2024 Bonded Thru Notary Public Underwriters Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 CITY OF OKEECHOBEE PUBLIC NOTICE BOARD OF AD]USTMENT MEETING NOTICE IS HEREBYGIVENthat the Clty of Okeechobee Board Of Adjustment (BOA) will conduct a regular meeting on Thur., ]uly 16, 2020, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. Thepubhc is Invited to attend; seating is limned in accordance with Executive Order No. 20-150. MunIdpalitles may conduct meetings of their governin boards without having a quorum of its members present physically or at any spedfic locatlon, and utlllzingcom- munications media technology (CMT) such as telephone or video conferencing, as provided by Section 120.54(5)(b 2, Florida Stat- utes. The PB may conduct this meeting using C to constitute a smartphone, or telepphone. Instr�ctlons to Ramrjpate in the meeting wilt be published with the agenda on [he website at city- ofokeechobee.com/agendas.html. if you need assistance, contact Robin Brock BEFORE 4:30 PM on the day of the meeting, 863- 763-3372 ext. 9812. Public C�mmentr Citizens have options to submit pub- lic comments and/or questions by 3:00 PM the day of the meeting; submit in writing to pburnette@cityo-. fokeechobee.com including your name, address and to is of comment; or call the General Services QFfice, 863-763- 3372 ext. 9824, to either dictate your message to an em- ployee or leave a detailed voice message with a call back number. Comments will be read aloud during the corre sponding items) of the meeting. Contact tho General ler- vines ce with any questions. Evidence testimony and argument which Is offered utilizing CMT s�rall be afforded ega79,",nslderatlon as If it were offered1n parson. Per- sons intending to offer sworn testimony are responsible for making appropriate arrangements for offering sworn testimony. ANY PERSON DECIDING TO APPEAL any decision made by the PB/BOA with respect to any matter considered at this meeting I will need to ensure a verbatim record of the proceeding is made and tpphppe record Includes the testimony and evidence upon which Disabllitles Act (ADA), any eal will be based. n erso accordance a dtissability as defined by the ADA, that needs speclal accommodation to participate In this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you Intend to show any document, plc-, ture, video or Items to the PE/I WA In support or opposition to any Item on the agenda, a copy of the document, picture, video, (or dem must be provided to the Board Secretary for the City's records. (BE ADVISED THAT ONE OR MORE CITY OF OKEECHOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING. THIS NOTICE IS POSTED TO MEET STATE PUB- LIC NOTICE REQUIREMENTS AND SUNSHINE LAWS. _ Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 NEWSMEDIA INC. USA 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee County, -Florida, that the attached copy of an I u f •, advertisement being a in the matter of", in the"I9th judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake 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 /aderti ement for publication in the said newspaper. A-� Katrina Elsken Muros Sworn to and subscribed before me this day of l� t h I AD Notary Public, State of Florida at Large ANGIE BRIDGES �. MY COMMISSION # GG 971582 Q` EXPIRES: April 2O, 2024 FOF Fk° Bonded Thru Notary Public Underwriters NOTICE ISNEREBYGIVEN tlxita QUASI-.AIDICIAI. PUBLIC HEAR- INGwiItiehad AaretheGtyofOltCdnbee8oa+d CIALs PURL C Thur., Itdy16,2020,at6PM,orassoonitrere?Reraspc�A atOryFlat,11SE 3rd Ave, farb7 Chartt,a� Rrn 200, Okeedbbee, FL, hi oxer and reoa e =%=5, -,b, PreU rtr NoI Sh by the property The Ft�Tbrr req�r� to atiow a pro�J r� of one dtiP9'rg �b per axrr- nrer�l buidRxj h a Cnrmla®I oA fa�iorral Ofix (CPO) ZonixJ DshicG id- erenaeCade Book Sariorr 56223(12). The gg7aty�nrt�isa10.688taaes lomkal at406 NVd 3b Sbeet Legal: LAiS ,10,11 AND 12, BLOCK 126, GMECHOBEE, ACCDRDING TO THE PLAT THEREOF AS REOORIY ED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OIO:EaME OOUNfY,tT.ORIDA The meeting will be held ptus,ant_m BWJIAe Omer Na 20-69 Issued by me9", 863-763-3372 ett 98212 Pubic .Citizens have op tDsabmtpublicoarvnenls and/or questions by 3:00 PM the day of the rrreetrtg, srt n* In writing to pbu irrrk,dirry yarn rwnG address and topic d a0ntltleiit; a o0 the Gezwai SerV'i0e5 OlfioG 863-763-333 ext 9824, to eBlrer dictate your message to anent ployee or lea�le a d�iled voice with a oU bade number: Conwnertfs wit be read abed durn,g mmpondi g "s) of the meeting.ODotBi t the General Sendoes'OFfioa wish arty gqrra�r tions. EvirieoaG Ues6mm�y and ar�urner* whidr is offered utiizinq CMf shall be aRortled erpral oouideration as u it were offered In person PersorLsfrrtrJrd4gtnoffers,.vorrrtestirroryarerespays,T�le !ormaldn9approlefa:aRerir9sN'ontestirnorry. The ftbon can be viewed on the website tlFreS.8htrrddWoc �wbee mrWpubicno- ' ,oritspecWattheaddessabcvedaghMon- The BoardMM=o de tiapprove orderr/ Spedal >x ANY wlhrePgEeRctSmONartDECIDING TO APPEAL any tle�wat'mwBoard maltercornderedatthisaver- batim na�itl of the proceedng is made and Ute record idudes the t sumoriy and eviderm upon which theapppp agaal will be based In aeoxdance wth the amerkanswdhDLabiitiesAct(a),arypersonwdha asdlWby the ADR ""' needs spe®I aanmmodabon to partidpa� in dry soared the Gareral Serv(res O(fim no kir than dues Milnes = proceeding, 863.763-3372 BE ADVISED thatshoud you mend to shay ary dcomenk pictraG video' or ins to the Board in support or opposition to arty lEm on die agenda; a Q= video, or itemmust beptwdadtodeBcnxd br Zonhg AdrnlnSlrator Marcos Mantes DeOca, fe616n No. 20003 -SE 418399 ON 7/8/2020 V'' 4 Y �`11FF ,�`sy of oke m CITY OF OKEECHOBEE O BOARD OF ADJUSTMENT �6 _ Via° 555 SE 3RD AVENUE, OKEECHOBEE, FLORIDA 34974 OFFICIAL AGENDA JULY 16, 2020 6:00 P.M. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, and further extended by Executive Order No. 20-150, effective June 23, 2020, municipalities may conduct meetings, of their governing boards without having a quorum of its members present physically or at any specific location and utilizing communications media technology (CMT) such as a telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. CALL TO ORDER II. ATTENDANCE Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman Board Member Karyne Brass Board Member Rick Chartier Board Member Felix Granados Board Member Mac Jonassaint Alternate Board Member Joe Papasso Alternate Board Member Jim Shaw City Attorney City Planning Consultant Ben Smith Planning Board Secretary Patty Burnette General Services Secretary Yesica Montoya III. AGENDA A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Motion to adopt agenda. IV. OPEN QUASI-JUDICIAL PUBLIC HEARING A. Special Exception Petition No. 20 -003 -SE requests to allow a proposed use of one dwelling unit per commercial building in a Commercial Professional Office Zoning District, (Ref Sec 90-223(12)) on 0.688± acres located at 406 NW 3rd Street (Exhibit 1). 1. Administer of Oath. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report - recommending approval. 3. Hear from Property Owner or Designee/Agent — Thomas C. Close, on behalf of the Property Owner 401 NW 3rd Street, LLC. 4. Public comments or questions from those in attendance or submitted to the Board Secretary. July 16, 2020 Board of Adjustment Meeting Page 1 of 2 QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED A. Special Exception Petition No. 20 -003 -SE. 5. Disclosure of Ex -Parte Communications' by the Board. 6. Consider a motion to approve or deny Petition with/without special conditions. a) Board discussion. b) Vote on motion. CLOSE QUASI-JUDICIAL PUBLIC HEARING V. ADJOURN MEETING 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business day s prior to the proceeding, 863-763-3372. July 16, 2020 Board of Adjustment Meeting Page 2 of 2 city of Okeechobee Date: Q-ci-c.!r Petition No. General Services Department Fee Paid: Jurisdiction: ' 51 56 S.E. 3`d Avenue, Room 101 1 Hearing: % n I �! 2 Hearing: � Okeechobee, Florida 34974-2903 ' �) Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1686 Notices Mailed: 7 I -add ^ 1t:''_l _X+� - - - a T. t )� ,'`Ji'��..•}T::,[5';.,<.. _:�ti:'. t =, M i~ _,.1:� _ :iiip mi'''l•. r _ .•G3.re...4�.;.. - st 1 Name of property owner(s): 401 NW 3rd Street, LLC 2 Owner mailing address: 305 NW 4th Avenue, Okeechobee, FL 34972 3• Name of applicant(s) if other than owner 4 Applicant mailing address - E -mail address: sheryl@closeconstructionllc.com 5 Name of contact person (state relationship):. Sheryl Wells, Treasurer (401 NW 3rd Street, LLC) 6 Contact person daytime phone(s): 863.467.0831 __—`l:lf'- `_e''i':�4,',, ♦_T:f-.r.Za ^{� - .:,.�.1?5}.2- ;: �::-p�l-iq_::-2f0.��:C_- �.-. ��.�P-R•—�-iO-P)�^�E-.�T'.r.t,_—_L:_:.—,Y••i: ^.'.5�:�O3a Zh:l % ':�v`i'_-z %;:L�—•`:?,=:;f::f ^r.'_ .: .--:+.--.i,•'_cy.->-_'..-;R_�YihF:OMtq _y;�-. :�-:_GG�'�"'�r-p -Z..-r,..-:-.ra;_7.r,,r�.:._---:• .�,.+v��...i-st'•_r %=,%<.tirc,.i •'", -a7r i'---i�, :;=7!._ ;-_v�n.1 :4or:,d�F,:.-.r.r k-~_,c:.;...jc—t L'L,.. o.rya.,c�•- ':- '4,_,'4:• `jgL'�w. , -.1 .__i«f- `--!- ^.i_:-•_.' .-_-: i? _ . ,. .....�^�:T:•`•-:..'•._.,_I-.—�.r_.«_..... _moi= '_-:��.,_,.r..,;....-_'_r?'ter..—=_...___.." ____...__c Property address/directions to property. ! 315-317 NW 4th Avenue, Okeechobee, FL 34972 Parcel address: 406 NW 3rd Street Describe current use of property: Professional Office Building 8 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. Two-story professional office building with a total of 23 units. Of these units, 3 are 9 t currently vacant. There are currently no residential units in the building. Source of potable water: OUA Method of sewage disposal: OUA 10 Approx. acreage: .688 / Is property in a platted subdivision? City of Okeechobee Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No 11 ' 12 Is a pending sale of the property subject to this application being granted? No Describe uses on adjoining propertyto the North: 13 North: Insurance Office East: County Courthouse South: Business Offices West: Vacant building / Health Office 14 Existingzoning: CPO Future Land Use classification: commercial 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? C X )No (_)Yes. If yes provide date, petition number and nature of approval. 16 Request is for: U Rezone (X) Special Exception U Variance 17 Parcel identification Number: 3-15-37-35-0010-01260-0090 (Rev 09/14) Page 1 of 11 I/ 1/ V r:= - ---.1�- __ - - ^:T- - •ill! , i .• , ,- �� :eG_tii.'- .�'J.T=�: �'��- •�%:?- �•li /.:'~ -_ - - - [=NTS_:.;:,,..s::.c�:-'m•:_ .., 18 Applicant's statement of interest in property: Owner Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 Mote: Resolution No. 98-11 Schedule of Land Development Regulation pees and Charges B 19 When -the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: Warranty Deed 4/4/2001 - Quit Claim Deed 3/29/2012 (see att 21 Notarized letter of consent from property owner (if applicant is differentfrom property owner) Three property surveys (one no largerthan 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject property. See 23 the Information Request Form from the Okeechobee Property Appraiser's Office (attached) i 24 Afficiavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 N/A Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature 1 Printed Name Thomas C. Close, President Date 5/15/2020 shed) For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Rev 09114) Page 2 of 11 Prepared By and Return to John D. Cassels, Jr., Esq. Cassels 8c McCall P.O. Box 968 Okeechobee, Florida 34973 Parcel ID Number: QUIT CLAIM DEED FILE NUM 2lu 1 201�7326b OF2 BIG 031071.3 RG 03-00 SHARON ROBERTSON. CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FLORIDA RECORDED 03/29/2012 03:33:32 Ph RECORDING FEES $18.50 RECORDED BY G Hawbourn P9s 0108 - 109: (2p95) THIS QUIT CLAIM DEED executed this <9PVJ—day of March, 2012, by CLOSE PROPERTIES, LLC, a Florida limited liability company fwa CLOSE PROPERTIES, INC., a Florida corporation, first party whose address is 301 NW 4'h Avenue, Okeechobee, FL 34972, to 401 NW 3rd STREET, LLC, a Florida limited liability company, second party, whose mailing address is 301 NW 4' Avenue, Okeechobee, FL 34972. (W hcrever uscd hcrein, the tcnns "first party" end "second party" shall includc singular and plural, heirs, legal rcpmsentatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: That the said first party, for and in consideration of the sum of $10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of OKEECHOBEE, State of Florida, to wit: LOTS 9, 10, 11 AND 12, BLOCK 126, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBJECT TO restrictions, reservations and TO HAVE AND TO HOLD the same to or in any wise appertaining, and all the estate, right, t party, either in law or equity, to the only proper use, IN WITNESS WHEREOF the said first oa above written. Signed, Sealed and Delivered in the presence of: (Signattire) J ai5 G (Prin Name) gn re) 17 �„� OLY-I 11m0nS (Print Name) [6121-91478.WPD] ;ements of record, if any. with all and singular the appurtenances thereunto belonging interest, Tien, equity and claim whatsoever ofthe said first n'efit,and behalf of the said second party forever. ,lei {s'e "has"signed and sealed these presents the day and year first CLOSE PROPERTIES, LLC, a Florida limited liability company by CLOSE HOLDINGS, LLC, Florida ited liability company BY:_ tC. 1L 1 THOMAS C. CLOSE,Manager Book713/Page108 CFN#2012003266 Page 1 of 2 STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 01q � day of March, 2012, by Thomas C. Close, nager of CLOSE HOLDINGS, LLC, as Manager of CLOSE PROPERTIES, LLC, o who is personally kqp,w h`oh'as prod ed as identification. NO-PARY PUBLIC My Commission Expires: M6 '-3 449D [6121-91478. W PD] Book713/Page109 CFN#2012003266 Page 2 of 2 Nk052 PAR 1 867 Documentary Stamps paid in the amount of Class C fntangibte Tax paid in the amount Shamn Robertson, C6&* of Circutt Court OkerriyxY Cou�fy. da By: - L is ca £�=i%��, D.C. Date.: `I -`I coot WARRANTY DEED THIS WARRANTY DEED made the day of April, A.D., 2001, by CHARLES ECHOLS a/k/a CHARLES W. ECHOLS, THOIYIAS L. CLOSE a/k/a THOMAS W. CLOSE (as to Parcels 1 and 2), individually and as general partners of ECHOLS AND CLOSE PARTNERSHIP, a Florida general partnership (as to Parcels 3 and 4), hereinafter called "Grantor", to CLOSE PROPERTIES, INC., a Florida corporation, whose post office address is 2232 N.W. 32nd Avenue, Okeechobee, FL 34972, hereinafter called "Grantee": (Wherever used herein the terns "grantor' and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration ofTEN & NO/100 ($10.00) DOLLARS and other good and valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. Subject to restrictions, reservati[iiS1 d casements of record, if any, which are not reimposed hereby, and taxes sul se ,tf—Int to December 31st, 2000. Grantors certify that the above described dope rte; is not their constitutional homestead as made and provided by the laws or the State df 41rl: "rids, and is not now and never has been contiguous to the homestead of said Grantors. y' AND the grantor does hereby fully warrant the title to said land, and will defend the same against lawfil claims of all person wlionlsoever. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Printed Name: EVA MAE CONELY �6�.1i`t7 Y C{St Prif d ane �� CONELY, 111 CHARLES W. ECHOLS 100 N.V. 16th Street, Belle Glade, FL 33430 i% ` - //V THOMAS L. CLOSE 2232 NAV. 32nd Avenue, Okeechobee, FL34972 E U R This Instrument Prepared By N and Return to: CONELY & CONELY, P.A. T TOM W. CONELY, II1. ESQUIRE O Post Office Drawer 1367 Okeechobee, FL 34973-1367 Parcel Number: 3-15-37-35-0010-01370-0030 3-15-37-35-0010-01260-0090 1-07-37-35-OAo0-00027-0000 1-07-37-35.OA00-00028-A000 Nk052 PAR 1 867 Documentary Stamps paid in the amount of Class C fntangibte Tax paid in the amount Shamn Robertson, C6&* of Circutt Court OkerriyxY Cou�fy. da By: - L is ca £�=i%��, D.C. Date.: `I -`I coot WARRANTY DEED THIS WARRANTY DEED made the day of April, A.D., 2001, by CHARLES ECHOLS a/k/a CHARLES W. ECHOLS, THOIYIAS L. CLOSE a/k/a THOMAS W. CLOSE (as to Parcels 1 and 2), individually and as general partners of ECHOLS AND CLOSE PARTNERSHIP, a Florida general partnership (as to Parcels 3 and 4), hereinafter called "Grantor", to CLOSE PROPERTIES, INC., a Florida corporation, whose post office address is 2232 N.W. 32nd Avenue, Okeechobee, FL 34972, hereinafter called "Grantee": (Wherever used herein the terns "grantor' and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration ofTEN & NO/100 ($10.00) DOLLARS and other good and valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. Subject to restrictions, reservati[iiS1 d casements of record, if any, which are not reimposed hereby, and taxes sul se ,tf—Int to December 31st, 2000. Grantors certify that the above described dope rte; is not their constitutional homestead as made and provided by the laws or the State df 41rl: "rids, and is not now and never has been contiguous to the homestead of said Grantors. y' AND the grantor does hereby fully warrant the title to said land, and will defend the same against lawfil claims of all person wlionlsoever. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Printed Name: EVA MAE CONELY �6�.1i`t7 Y C{St Prif d ane �� CONELY, 111 CHARLES W. ECHOLS 100 N.V. 16th Street, Belle Glade, FL 33430 i% ` - //V THOMAS L. CLOSE 2232 NAV. 32nd Avenue, Okeechobee, FL34972 O�1r�2 STATE OF FLORIDA COUNTY OF OKEECHOBEE I 1 KER1313Y CIIRTIFY that oil this day, before me, as officer tidy authorized in the State and Conuty aforesaid to lake acknomvledgenunls, pers�n:dly appeared Cf IA RLIiS W. I-CHOI S aud'1'IdOMAS 1.. CLOSG, individually and as general partners of ECI101.S AND CLOSEF PAR'ITTI::RSI1111, who are personally known to me orwho have produced their driver's license as identification and who executed the foregoing instrument and they acknowledged before me that they executed same. WITNESS illy hand and official seal in tiro Comity and Slate last aforesaid this day of April, 2001. 1 22L (SEAL) NOTARY PUB11C, State of Florida �A MY Commission Expires: C.W.L'•. EVAMAECONEIY MY COMMISSION r cc 9WS03 EXPIRES: Damter 12, 206t M..ta••'t cs,aarnn,Nx.rvwkue.��,e T.L.C. i 0452 f'ME1 869 EXHIBIT A. Parcel 1: Lot 3 of Block 137, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Parcel 2' Lots 9, 10, 11 and 12 of Block 126, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Parcel 3: Tracts 5 and 6 of PLAYLAND PARK ACRES, an unrecorded plat, being more particularly described as follows: Commence at the Southeast corner of Section 7, Township 37 South, Range 35 East, and run North 02'53'55" East on Section line, a distance of 843.62 feet- to a point; thence run North 36'23135" West on Easterly boundary of a County Road, a distance of 1503.97 feet for POINT OF BEGINNING; thence run North 5 3 36'25" East, a distance of 200 feet to a point on Southerly boundary of S.R. 700; thence run North 3623'35" West along South boundary of S.R. 700, a distance of 200 feet; thence run South 53'36'25" West, a distance of 200 feet; thence run South 36'23'35" East, a distance of 200 feet to the POINT OF BEGINNING. Parcel 4: Tract 7 of PLAYLAND PARK ACRES, an unrecorded plat, being more particularly described as follows: Commence at the Southeast corner of Section 7, Township 37 South, Range 35 East, and run North 02053155" East on Section line, a distance of 843.62 feet to a point; thence run North 36123'35" West on Easterly boundary of a County Road, a distance of 1403.97 feet for POINT OF BEGINNING; thence continue North 36023135" West- along saidy,;County Road, for a distance of 100.00 feet to a point; thence run ;+Tor,; h 53136'25" East for a distance of 200.00 feet to a point on the'�'..Soixtherly right-of-way line of S.R. 700 (U.S. Hwy. 98); thence run Sou`'"46'23'35" East along said Southerly right-of-way line, for a di_starc��'of 100.00 feet; thence run South 53'36.25" West for a distance�3%8,,;.200.00 feet to the POINT OF BEGINNING. ..��.�QNTY. r1. 350464 20!►�1.�.,-I+ t�+Ir_I SIIAROii ;tni!CfITSON CI.r Fzr 6V C114(.61! t.1ty V1 V1LV-VU.1V"r-t: 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): 401 NW 3rd Street, LLC Mailing Address: 305 NW 4th Avenue, Okeechobee, FL 34972 Rome Telephone: n/a Work. 863.467.0831 Cell: Property Address: 406 NW 3rd Street, Okeechobee, FL 34972 Parcel ID Number: 3-15-37-35-0010-012600-0090 Name ofApplicant: 401 NW 3rd Street, LLC fforne Tei.ephone; n/a Work: 863.467.0831 Cell: The undersigned, beingthe record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobeeto change the land use of said property. Tlus land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney maybe terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN tSOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS fit# t5�t t' DAY OF- WITNES=S20t=R:� . --- OWNER Thomas C. Close, President WITNESS OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me That they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this 15th day of May 2020 Notary Public: �'L�t r�� i �C/> .�- (�/ SEAL SHERYL LWELLS Commission Expires: i /, L �,ir�e * * Commisslon#GG1249% may �a� txpro9 INovomDor io, NGl OF�°� @andcdfiuu0ud�ctNowry3eMoc, (Rev 09/14) Page 5 of l l 6/3/2020 Detail by Entity Name DIvISIOA! Or CORPORATIONS Department of State / Division of Corporations / Search Records / Search by EntityName / Detail by Entity Name Florida Limited Liability Company 401 NW 3RD STREET, LLC Filing Information Document Number L11000067737 FEI/EIN Number 45-2708714 Date Filed 06/09/2011 Effective Date 06/09/2011 State FL Status ACTIVE Principal Address 305 NW 4TH AVE OKEECHOBEE, FL 34972 Changed: 03/11/2020 Mailing Address 305 NW 4TH AVE OKEECHOBEE, FL 34972 Changed: 03/11/2020 Registered Agent Name & Address CLOSE HOLDINGS, LLC 305 NW 4TH AVE OKEECHOBEE, FL 34972 Name Changed: 04/27/2012 Address Changed: 03/11/2020 Authorized Persons) Detail Name & Address Title MGR CLOSE HOLDINGS, LLC 305 NW 4TH AVE OKEECHOBEE, FL 34972 Title President search.sunbiz.orq/Inauirv/CorporationSearch/SearchResultDetail7inquirytype=EntityName&directionType=Initial&searchNameOrder-401 NW3RDSTR... 1/2 B0 UN1 DESCRIPTION. LOTS 9, 10, 11, & 12, BLOCK 126, OKEECHOBEE, ACCORDING TO 7HE PLAT THEREOF RECORDED IN PLAT BOOK 5• PAGE A OF 1H£ PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE CALCULATED(C) AND M£ASURED(M). 2) S1 IF ADDRESS.• 406 N. W 3RD STREET. 3) PARCEL ID. J-15-37-35-0010-01260-0090. 4) F.I.R.M. ZONE ZONE UNDETERMINED, PARCEL UES WHIN THE OKEECHOBEE CITY LIMITS. 5) THE DESCRIPTION SHOWN HEREON WAS PROVIDED BY 7HE CLIENT OR THE CLIENTS REPRESEN TA 77 W. 6) BEARING REFERENCE.- THE NORTH RIGHT—OF—WAY LINE OF N JRD 57REET IS TAKEN TO BEAR SOU7H 89"58'05' WEST. 7) THIS SURVEY IS NOT IN7ENDED 70 DEPICT ✓URISOIC7TONAL AREAS OR 07 -HER AREAS OF LOCAL CONCERN. B) SURVEYOR WAS NOT PROVIDED WITH ANY 77RE INFORMA77ON FOR THIS PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS SHOW HEREON, IF ANY. THERE MAY BE 07HER EASEMEN75 OR R£S7RIC77ONS 7HA T EFFECT 7HIS PARCEL. 9) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD177ONS OR DELF77ONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WI7HOUT WRITMN CONSENT OF THE SIGNING PARTY OR PARTIES. 10) DATE OF LAST F7ELD SURVEY 03/22/12. PREPARED FOR THE EXCLUSIVE USE OF. CLOSE PROPERTIES, INC HARBOR COMMUNITY BANK, FSB CASSELS & MCCALL OLD REPUBLIC NA77ONAL 777LE INSURANCE COMPANY BOUNDARY SURVEY 03/27/12 FILE WC KAB DESCRIPTION DWG. DA(E FB PG BY CK SCALE / A =0 f DRAWING NUMBER: - 26038 SNE£r OF > ... YM SCALP 1 INCH . 20 FEET INTENDED DISPLAY SCALE LEGEND 0 -Sat Iron Rod and Cop "KAB LS 4820- ■-Found CM .-Found Iron Rod (and Cap) O -Found Pipe (and Cop) ABBREMATIONS @-eo.ati.: am-ew, 'wk r.­CaI.,w.: e-Col—I"; erly-e.N. ry w. ea.a..L. u- ­I, C011a•aonaelr. 0-Da1e: A-Odlo or Ccolyd A -ft oaeeghM,p d k bn@ol•GeEr-opdEee.r l. EILY-Eml,dy E)Pdqa aaE-wLbd lkyu eatbWpFH00i:P.4m PC N4()yRod t 0Cp):t I LNtk M-Nm.q uN-orwlhalrN0Y(0)-Not VrUcd ) 1 192% f NL to $Wt;DMw ,%L PC•Pf Ca : PCC -P.M .4 C'eC/WlwPPCP. Pme", P.l POs -"dl almP-.t of Cmol • ni .1 R Culc PNN-PmR.I.— PT -.Int .1 TognyPV&0-INdie V19111r nd R-eda e/Why,l-e[-Yuh Soh S-5.1 , Eloe Sp9c. w Nle Bowa wlYwI,dx UTIL-U191 1AWsd >—Sp,t El.atwn see s xwam.d ootmj CAP WA9 LS 49]a' XX 3rd STREET S 8958'05 • W J70.04 (M) J70'(P) (Aso" IF RoA9) vo' R/w (BEARING BASE) STANDARD NOTES: 1. No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. 2. The survey depleted here Is prepared exclusively for those parties noted. 3. No responsibility or liability Is assumed by the surveyor far use by others not specifically named. 4. Not wild without Ire signature and embossed seal of Florida licensed surveyor and mapper 14820. S. There are no visible above ground encroachments except an shown. S. No attempt was mcde to locate underground improvements and/or encroactwnenls (If any) as part of this survey. 7. This survey was prepared In accordance with minimum technical standards established by lha Florida Board of Surveyors and Moppwo (Chapter 611317-6, F.A.C.) pursuant to Soctlon 472.027, Florldo statute.. EtxMtl ea ir.S'VI'E (No t0.) TRADEWINDS SURVEYORS 200 S.W. 3rd Avenue Okeechobee; FL...34974 TtrL; (f763)' 783-2887 A Faz:(B69) 763-4342 Email` .k6 .twps@yahoo.com p AI— Kenneth A. Breaux, Jr. (PSM 4 M 3-15-37-35-0010-01260-0070 BIG DADDY RENTALS LLC 410 SW 3RD ST OKEECHOBEE FL 349744227 3-15-37-35-0010-01370-0040 RIEDEL FAMILY LLC 744 SW 24TH AVE OKEECHOBEE FL 34974 3-15-37-35-0010-01370-0030 ACE PEST CONTROL INC 405 NW 3RD ST OKEECHOBEE FL 34972 3-15-37-35-0010-01370-0010 FLORES BUSINESS VENTURES LLC 4600 MILITARY TRL STE 101 JUPITER FL 334584811 3-15-37-35-0010-01260-0030 HAVEN MEDICAL LLC 6423 COLLINS AVE APT 1509 MIAMI FL 331414643 3-15-37-35-0010-01260-0010 OKEECHOBEE CO FARM BUREAU 401 NW 4TH ST OKEECHOBEE FL 349742550 3-15-37-35-0010-01250-0010 OKEECHOBEE COUNTY %CASSELS & MCCALL 304 NW 2ND ST ROOM #106 OKEECHOBEE FL 349720000 u T N 2x I - vNvN. —NW5THAVE---- -;Ioo;u . . ...... LAAZI . . .. .. ;:: . The Ism: ... ... ...... — ow YA. WM -MAIM J� 701 77 ...... lk - tc_ NMI -NW4TH AVE �--.: WA IL 4�. 4—t NIN 3RD AVE ------------ CzC vV p 459 A iU Petition No. ` Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held underthe same ownership as, the lands subject to the application for a change in land use orzoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of May 15 , 2020 and the Assertions -made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this 15th day of May , 2020 Signature of Applicant Thomas C. Close President Name of Applicant (printed or typed) State of Florida County of Okeechobee 5/15/2020 Date Sworn to and subscribed before me this 15th day of May. 2020 . Personally known to me Thomas C. Close or produced as identification and did nottake an oath. \1��.�(- � ��)- Notary Public, State of Florida �v sue SHERYL l 1: '''••'• commisa(oni =2 Expiroe Novombef 16, 2021 ��r�nPFQ�P aaAWthuOudDetfk�l'bavioa (Rev 09114) Page 3 of 11 STANDARDS FOR GRANTING A SFECiAL EXCEPTION [Sec. 70-373(b), LDR page CD70:191 Applicants are required by Sec. 70-373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. (1) Residential Unit is well suited for the 2nd story location and will create No impact to services, utilities or parking. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. No outside evidence of the residence will be visible. No changes to the exterior of the existing building will occur. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. Due to the second floor location - this is not applicable. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or.public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. Landlord/Building Owner shall hold the residential tenant to the same standards of care as all other tenants. 5. Demonstrate how the utilities and other service requirements of the use can be met. The existing building is currently already serviced for water/sewer by OUA and paid for by the building owner. All rental units have their own electric meter. Tenants are responsible for creating an account with (FPL) and paying for their usage directly. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. There is no anticipated additional traffic generated by having a residential tenant on site. (Rev 09/14) Page 8 of i l ADDlTTO AL.W!F.Q < ° `fiIWIRED,LT7ItEDFORi%ASPG�X CPTIO . Describe the Special Exception sought: ;� ;�_ A Allow (1) residential unit (on the 2nd floor) within current CPO zoned building Are there similar uses in the area? No %) Yes If yes, briefly describe them: B We are not aware of any similar residential units in CPO zoned buildings nearby If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of building: C (1) Residential unit only Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most D similar use as contained in the Institute of Transportation Engineers most recent edition of Trio Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m, peak hour trips, and level of service on all adjacent roadway links with and without the project. E Responses addressingthe standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SFECiAL EXCEPTION [Sec. 70-373(b), LDR page CD70:191 Applicants are required by Sec. 70-373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. (1) Residential Unit is well suited for the 2nd story location and will create No impact to services, utilities or parking. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. No outside evidence of the residence will be visible. No changes to the exterior of the existing building will occur. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. Due to the second floor location - this is not applicable. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or.public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. Landlord/Building Owner shall hold the residential tenant to the same standards of care as all other tenants. 5. Demonstrate how the utilities and other service requirements of the use can be met. The existing building is currently already serviced for water/sewer by OUA and paid for by the building owner. All rental units have their own electric meter. Tenants are responsible for creating an account with (FPL) and paying for their usage directly. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. There is no anticipated additional traffic generated by having a residential tenant on site. (Rev 09/14) Page 8 of i l `FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. Allowing (1) second -floor residence unit within the existing building will have no impact on the building nor any of the neighboring businesses. Sec. 90-223 Special Exception Uses permits said (1) residential unit. 2. The use is specifically authorized as a special exception use in the zoning district. Yes - Sec. 90-223 Special Exception uses permits "One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use." We meet this requirement. 3. The use will not have an adverse effect on the public interest. We anticipate allowing (1) second -floor residence unit within an existing building will have no impact on the neighboring businesses. Mixing commercial and residential is common practice in urban areas. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. See answer to Question #3 above. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjtcentyro�er t� ee ns er o Question #3 above. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. This is not applicable. The unit is located on the second floor. No exterior building changes will be made. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. This is not applicable. One residential unit will not overburden streets or utility services. (Schools are N/A) 8. The use will not create traffic congestion, flooding or drainagepproblems, or otherwise affect public safety. Please see answer to Question #7 above. We have includ2d a layout of the building sowing the area we are requesting to be turned into a residential unit. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70-348(4)] (Rev 09/14) Page 9 of 1 I ------------------------------------------------------------------------------- --------------------------------------------------- 1. ------------------------------------------------------------------------------- --------------------------------------------------- -7 C:"rl I',-, ji -------------- 41, &F Aksr. ----------------------------------------------------------------------------------------------------------------- NEW 51 -ACE ENTRY 16s 8F- 5-� v:-- � 0 " � E L-------------------- - - ------------------ ArA - ---- ---------------- ---------- --------------------- LJ rl ------------------- ".1 SF t------------ ft_________; ---------- : ............ ---- ------------------ ----------------------------------------------------------------------------------------------------------------------- EXISTING OFFICE SPACES TO REMAIN AS 18 6/3/2020 q4b Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Bandi Parcel: < 3-15-37-35-0010-01260-0090 Owner & Property Info Bldg Sketch 401 NW 3RD STREET LLC Owner 301 NW 4TH AVE $121,040 OKEECHOBEE, FL 34972 Site 406 NW 3RD ST, OKEECHOBEE Description" 126 OF OKEECHOBEE LOTS 9 10 11 12 BLOCK $400,927 XFOB (7) Area 0.688 AC S/T/R 15-37-35 Use Code" STORES/1 S (001100) ITaxDistrict 150 'The Description above is not to be used as the Legal Description for this parcel In any legal transaction. The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. Property & Assessment Values Bldg Sketch 2018 Certified Values 2019 Certified Values Mkt Land (1) $121,040 Mkt Land (1) $121,040 Ag Land (o) $0 Ag Land (o) $0 Building (1) $362,949 Building (1) $400,927 XFOB (7) $49,071 XFOB (7) $50,120 Just $533,060 Just $572,087 Class $0 Class $0 Appraised $533,060 Appraised $572,087 SOH Cap [?] $0 SOH Cap [?] $0 Assessed $533,060 Assessed $572,087 Exempt $0 Exempt $0 county:$533,060 county:$572,087 Total city:$533,060 Total city:$572,087 Taxable other:$533,060 Taxable other:$572,087 school:$533,060 school:$572,087 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. 2019 Certified Values updated: 5/28/2020 rkenai viewer rlctometery uoogie Maps 0 2019 O 2018 O 2017 O 2015 O 2014 F)Sales + Z. , o. s , �.. : '^ x.1.i: r"'•'�`, TM�ICO�! :rte.bL jp �z tTW 3RD ST IV. ­31". •.. �Y _.,_ 911 ?.�'1��.9•-a .� � Sales History Sale Date Sale Price Book/Page Deed V/1 Quality (Codes) RCode 3/29/2012 $0 713/0108 QC I U 11 4/3/2001 $0 452/1867 WD I U 02 (Multi -Parcel Sale) - show 5/1/1980 $0 235/0792 WD I U 03 10/1/19771 $15,000 0/ 01 V Q Building Characteristics Bldg Sketch Bldg Item Bldg Desc' Year Bit Base SF Actual SF Bldg Value Sketch 1 I NBHD CENTR (003800) 1 1962 14892 16961 $400,927 "BldgDesc determinations are used by the Property Appraisers office solely for the purpose of determining a property's Just Value for ad valorem tax purposes and should not be used for any other purpose. W Extra Features & Out Buildings (Codes) Code Desc Year Bit Value Units Dims Condition (% Good) ASPH 2 COM SLB WL 2006 $18,394.00 12362.000 0 x 0 x 0 PD (080.00) ELEV ELEV COMM 2006 $28,900.00 1.000 0 x 0 x 0 PD (085.00) CONC B COM SLB WL 2006 $599.00 283.000 0 x 0 x 0 PD (090.00) okeechobeepa.com/cris/ 1/2 6/3/2020 Okeechobee, FL Code of Ordinances Sec. 90-223. - Special exception uses. The following uses and structures are permitted in the CPO district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Day care center. (2) Personal services, except pawn shops and dry cleaning on premises. (3) Cafe. (4) Business school. (5) Private club. (6) House of worship. (7) Public facility and use. (8) Public utility. (9) Permitted uses in excess of 45 feet in height. (10) Adult family care homes, assisted living facility as defined in F.S. § 429.02(5). (11) Free-standing drive -up ATM which is owned and operated by a bank or other financial institution with an office located Okeechobee County. (12) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. (LDR 1998, § 362; Ord. No. 1008, § 1, 2-19-2008; Ord. No. 1115. §1 10-21-2014; Ord. No. 1127,_§_2,9-28- 2015 127,§2,9-28- 2015 ; Ord. No. 1170. §4,10-2-2018) irk] WALL Tv RANGE `------- W/ OVEN %W/C� REFRIGERATOR I eCIAAIFLIFT .0f•�� Li O ` Use - 791 5� se-7915� Staff Report Special Exception Request a Prepared for: The City of Okeechobee Applicant: 401 NW 3rd Street, LLC Address: 406 NW 3rd Street Petition No.: 20 -003 -SE LaKue 1375 Jackson Street A 206 Fort Myers, FL 33901 Staff Report Applicant: 401 NW 31d St. LLC Special Exception Request Petition No. 20-003 -SE Owner/Applicant 401 NW 31 Street, LLC 305 NW 411 Ave Owner Address Okeechobee, FL 34972 Site Address 406 NW 3rd Street Parcel Identification 3-15-37-35-0010-01260-0090 Lots 9, 10, 11, 12 Block 126 Contact Person Sheryl Wells, Treasurer Contact Phone Number 863.467.0831 Contact Email Address, sheryl@closeconstructionllc.com For the legal description of the subject parcel or other information regarding this application, please refer to the application submittal package which is available by request at City Hall and is posted on the City's website prior to the advertised public meeting at https://www.cityofokeechobee.com/agendas.html Future Land Use Zoning se of Property Acreage Existing Commercial CPO Proposed Commercial CPO Professional Office Building Professional Office Building, & 1 Residential Unit Ia• The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception to allow 1,029 square feet of office space on the second floor of an existing office building to be converted to a residential dwelling unit. The property is designated Commercial on the Future Land Use Map (FLUM) and zoned CPO, Commercial Professional Office. The existing use of the property for office is a permitted use, though Section 90-223 lists "one dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use" as a special use exception in the CPO district. planning Staff Report Applicant: 401 NW 31d St. LLC Special Exception Request Petition No. 20-003 -SE The applicant has provided floor plans of the existing structure showing that 1,029 square feet of the second floor will be converted to a two-bedroom, two -bathroom residential dwelling unit and that access to the unit will be available from an external stairway as well as an internal stairway. It should be noted that the subject property is nonconforming to the current parking requirements. However, if the Applicant's request is approved, that nonconformity would be slightly lessened, as described below in the staff comments. Future Land Use North Zoning Existing Use Single Family Residential CPO, Commercial Professional Office Insurance Office Future Land Use Public Facilities East Zoning P, Public Use Existing Use County Courthouse Future Land Use Commercial South Zoning Existing Use Future Land Use West Zoning Existing Use CPO, Commercial Professional Office Business Office Commercial CPO, Commercial Professional Office Vacant Building / Health Office Section 70-373(b) requires that the Applicant address the following standards for granting a Special Exception during his/her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and information addressing these standards. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments follow and are shown in Arial typeface. Identified deficiencies are highlighted. (1) Demonstrate that the proposed location and site are appropriate for the use. Applicant Comment: (1) Residential Unit is well suited for the 21 story location and will create No impact to services, utilities or parking. STAFF COMMENTS: "One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use" is specifically listed as a special exception use in the CPO zoning district. The proposed LaKRu 2 planning Staff Report Applicant: 401 NW 31d St. LLC Special Exception Request Petition No. 20-003 -SE dwelling unit will be located above the existing ground floor commercial use. There is no other specific guidance provided in the code regarding the appropriateness of a site for mixed use in the CPO district. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. Applicant Comment: No outside evidence of the residence will be visible. No changes to the exterior of the existing building will occur/ STAFF COMMENTS: This proposed residential use is not expected to negatively affect adjacent uses. We agree that no changes to the design of the building will be necessary to ensure compatibility. (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. Applicant Comment: Due to the second floor location — this is not applicable. STAFF COMMENTS: The proposed residential use will be contained within the existing structure and should not require any additional screening. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. Applicant Comment: Landlord/Building Owner shall hold the residential tenant to the same standards of care as all other tenants. STAFF COMMENTS: We agree that any nuisances created by the proposed dwelling unit will be the responsibility of the landlord to mediate between other tenants of the building. It is unlikely that this use would create any nuisances that would affect other uses beyond the subject property. (5) Demonstrate how the utilities and other service requirements of the use can be met. Applicant Comment: The existing building is currently already serviced for water/sewer by OUA and paid for by the building owner. All rental units have their own electric meter. Tenants are responsible for creating an account with (FPL) and paying for their usage directly. STAFF COMMENTS: The proposed conversion of commercial to residential should not significantly affect the ability to provide services or utilities. The City's level of service standard for potable water and sewer for nonresidential uses is 0.15 gallons per day per square foot (gpd/sf). Using this standard, it is estimated that the 1,029 square feet of office space that is being converted would require 154.35 gallons of water and sewer service per day. Infrastructure Element Policy 1.1 sets level of service standards for potable water at 114 gallons per capita per day and sewer at 130 gallons per capita per day. With average planning Staff Report Special Exception Request Applicant: 401 NW 3rd St. LLC Petition No. 20-003 -SE household size of a multifamily dwelling unit estimated at 2.5 persons, it can be estimated that 285 gallons of potable water service and 325 gallons of sewer service will be used by the proposed dwelling unit. This estimated increase in water and sewer service usage is not significant and can be accommodated by existing infrastructure. (6) Demonstrate how the impact of traffic generation will be handled off site and on-site. Applicant Comment: There is no anticipated additional traffic generated by having a residential tenant on site. STAFF COMMENTS: The 1,029 square feet of office space that is being converted would require 3.34 parking spaces according to the current parking code. A two-bedroom multi- family dwelling unit only requires two parking spaces. The parking nonconformity that exists on the property would be slightly lessened. The Institute of Traffic Engineers provides estimated trip generation rates for apartments and general office that shows a slight decrease in the estimated traffic generation for the applicant's request. 1,029 square feet of general office is estimated to generate 11.33 daily vehicle trips with 1.53 of those trips occurring during the PM peak hour. One apartment dwelling unit is estimated to generate 6.65 daily vehicle trips with 0.62 of those trips occurring during the PM peak hour. When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70-373(c)(1)-(8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments follow and are shown in Arial typeface. Identified deficiencies are highlighted. (1) The use is not contrary to the Comprehensive Plan requirements. Applicant Comment: Allowing (1) second -floor residence unit within the existing building will have no impact on the building nor any of the neighboring businesses. Sec 90-223 Special Exception Uses permits said (1) residential unit. STAFF COMMENTS: This applicant's request in not contrary to the requirements of the City's Comprehensive Plan. (2) The use is specifically authorized as a special exception use in the zoning district. Applicant Comment: Yes — Sec 90-223 Special Exception uses permits "One dwelling unit per commercial building provided that the dwelling unit is located either above or behind the ground floor commercial use." We meet this requirement. STAFF COMMENTS: Agreed. L, K- 4 planning Staff Report Applicant: 401 NW 31d St. LLC Special Exception Request Petition No. 20-003 -SE (3) The use will not have an adverse effect on the public interest. Applicant Comment: We anticipate allowing (1) second -floor residence unit within an existing building will have no impact on the neighboring businesses. Mixing commercial and residential is common practice in urban areas. STAFF COMMENTS: Agreed. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Applicant Comment: See answer to Question #3 above. STAFF COMMENTS: Agreed. (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Applicant Comment: See answer to Question #3 above. STAFF COMMENTS: Agreed. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Applicant Comment: This is not applicable. The unit is located on the second floor. No exterior building changes will be made. STAFF COMMENTS: Agreed. (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Applicant Comment: This is not applicable. One residential unit will not overburden streets or utility services. (Schools are N/A) STAFF COMMENTS: As discussed above, the requested conversion of uses should not have a significant impact on water, sewer or transportation facilities. School capacity is an applicable service to discuss in regard to any new residential use and it is possible that adding one additional dwelling unit in the City could bring one or several additional school aged children to the Okeechobee school system. However, this potential increase should not significantly impact the County school system. 8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Applicant Comment: Please see answer to Question #7 above. We have included a layout of the building showing the area we are requesting to be turned into a residential unit. L,.,h,,,. 5 planning Staff Report Applicant: 401 NW 31d St. LLC Special Exception Request Petition No. 20-003 -SE STAFF COMMENTS: This conversion of 1,029 square feet of second floor office space to a two-bedroom dwelling unit should not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Recommendation Based on the foregoing analysis, we find the requested Special Exception to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area and recommend approval of the special exception to allow 1,029 square feet of office space on the second floor of an existing office building to be converted to one residential dwelling unit. Submitted by: ref __ ,� �..---•--- Ben Smith, AICP Sr. Planner July 2, 2020 Board of Adjustment Hearing: July 16, 2020 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses I _AK 6 planning Staff Report Applicant: 401 NW 316 St. LLC Special Exception Request Petition No. 20-003 -SE FUTURE LAND USE SUBJECT SITE AND ENVIRONS 6 96 95 ° to 11 12 7 6 9 10 11 12 9 N,.'. 17H S7' 4 S 3 21 6 5 4 3 2 1 = 6 S 4 3 2 6103 104 0 106 107 ° 10 11 12 7 6 9 10 11 1: - 78 9 10 11 12 9 N. W 4 TH ST 4 S 3 2 1 6 S 4 3 2 1 4 ;128 127 125 mp ° 10 11 12 7 9 9 10 11 12 / 6 9 10 11 12 7 9 9 10 11 12 9 N. W. 3 RD ST j 4 W ?w w u3 d S 3 2 1 `L ` `t 9 5 4 3 2 1 `� Q 6135 3 -T 138a it 12 za 9 to 11 12 °_ z is 9 Z z Z Z N. W. 2 ND ST "6 S 4 3 2 1 58 11-5CL. LAND USE CLASSIFICATIONS !oL line SINGLE - FAMI 1' P,ESIDENTIAL MIXED USE RESIDENTIAL MULTI - FAMILY RESIDENTIAL COMMERCIAL INDUSTRIAL PUBLIC FACILITIES EASEMENT RAILROAD CENTERLINE HOPKINS MEANDER LINE UNINCORPORATEC t,h.,,- 7 p'lanni'ng Staff Report Applicant: 401 NW 31d St. LLC Special Exception Request Petition No. 20-003 -SE I rA ZONING 4 3 2' 4 3 2 6 5 4 3 2 1 8128 i27 125 124 10 11 12 7 a 9 10 11 12 7 6 9 10 11 12 7 6 9 10 11 12 w w :up. W. 3 RD STLU 4 > > 3 2 1 6 5 4 3 2 1 6 5 A 3 22 5 4 3 2 1 Q 6 5 4 3 2 1,35 136 137 138 139 10 11 12 7 8 9 1C 11 12 5 9 10 11 12 5 z z z N. W, 2 ND ST 4 = 160 6 159A &1582 �ZONING 1-,,K1- 8 plannmg SUBJECT SITE AND ENVIRONS 3 2 1 67 96 6 5 4 3 2 1 95 f, 4 3 94 5 A J 93 92 10 11 12 1 8 9 10 11 12 6 4 !u 11 6 9 N. M 5 TH ST 4 3 2 1 : °103 6 5 4 3 2 1 104 105 1 1 4 3 2 1 106 t 4 J 2 1 107 10 11 12 7 a 9 10 11 12 9 10 11 ia, 7 8 9 Ij 11 a 9 10 11 12 N W 4 TH ST 4 3 2' 4 3 2 6 5 4 3 2 1 8128 i27 125 124 10 11 12 7 a 9 10 11 12 7 6 9 10 11 12 7 6 9 10 11 12 w w :up. W. 3 RD STLU 4 > > 3 2 1 6 5 4 3 2 1 6 5 A 3 22 5 4 3 2 1 Q 6 5 4 3 2 1,35 136 137 138 139 10 11 12 7 8 9 1C 11 12 5 9 10 11 12 5 z z z N. W, 2 ND ST 4 = 160 6 159A &1582 �ZONING 1-,,K1- 8 plannmg Staff Report Applicant: 401 NW 31d St. LLC Special Exception Request Petition No. 20-003 -SE AERIAL SUBJECT SITE AND ENVIRONS 01 HW 4TH ST fi{AA# r • 4 � W � it��� �� r4• rn -� ._m HW 3RD ST �y t ` m Wj: ��a � %ir •'F rfir t .< J po' 1.,K,- g planning