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2022-09-15City of Okeechobee Date: 611 Petition No. cQ*7_00a2-S& General Services Department Fee Paid: Jurisdiction: 55 S.E. 3rd Avenue, Room 101 15 Hearing: 2 nd Hearing: !� Okeechobee, Florida 34974-2903 Publication Dates: Phone: (863) 763-3372, ext. 9820 Notices Mailed: 3i•-°��, Fax: (863) 763-1686 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): 608 Okeechobee, LL.0 2 Owner mailing address: 205 NE 6th Street, Okeechobee, FL 34-972 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E-mail address: info@omnitrader.com 5 Name of contact person (state relationship): Steven L. Dobbs 6 Contact person daytime phone(s): 863-634-0194 PROPERTY INFORMATION Property address/directions to property: From SR 70 and Highway 441 head north on Highway 441, 7 turn east on NE 6th Street and the project will be to the left. Describe current use of property: The eastern portion of the lot is being used as a single family 8 home and the west lot is vacant. Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. There is a single family home on the east side of the property 9 Source of potable water: OUA Method of sewage disposal: OUA 10 Approx. acreage: 0.644 Is property in a platted subdivision? Yes, 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 property to the North: 13 North: Rehabilitation Facility East: Single Family Home South: Multi-Family/Commercial West: Vacant Commerial �14 Existing zoning: Light Commercial Future Land Use classification: Commercial 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the{- propertyy? ( ) No ( X Yes. If yes provide date, petition number and nature of approval. July 2022 �"omp Pla�2-003-SSA - Commercial, July 2022 - Rezoning 22-005-R - Light Commercial 16 Request: is for: (_Y___) Rezone (X) Special Exception (_,__._) Variance _ 17 1 Parcel Identification Number: 3-15-37-35-0010-00780-0090 and 3-.15-37-35-0010-00780-0070 '-CPO (Rev 4/2020) aa""- Page 1 of 11 REQUIRED ATTACHMENTS 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 Note; Resolution No. 98-1111 Schedule of Land Development Regulation Fees and Charges B '19 Arllhen 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: 4/4/2022 and 6/3/2022 21 Notarized letter of consent frorn property owner (if applicant is different from property owner) Three (3) CERTIFIED BOUNDARY surreys of the property (one no larger than 11 x'I7; scale not less than one inch to 20 Meet; North point) containing: 22 a. Date of survey, surveyor's name, address and phone n1_1111ber b. Legal description of property pertaining to the application C. Computation of total acreage to nearest tenth of an a acre d. Location sketch of subject property, and surrounding area within one-half mile radius Lisa 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) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The inforrrration 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 inn prison ment of up to 30 days and may result in the denial of this application. Sign Printed Name Date / /�" James Caprio 5' j /I)-Y- r or. stions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Avv 4i2020) page 2 o ' 1 8/2/22, 2:24 PM Detail by Entity Name DIVISION OF CORPORATIONS Department of State / Division of Cn_porations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company 608 OKEECHOBEE, LLC Filing Information Document Number L21000524521 FEI/EIN Number 87-4000290 Date Filed 12/14/2021 State FL Status ACTIVE Principal Address 2300 WESTON ROAD, SUITE 202 WESTON, FL 33326 Mailing Address 2300 WESTON ROAD, SUITE 202 WESTON, FL 33326 Registered Agent Name & Address ASSOCIATED CORPORATE SERVICES, LLC 6111 BROKEN SOUND PARKWAY NW, SUITE 200 BOCA RATON, FL 33487 Authorized Person(s) Detail Name & Address Title MGR JAMES CAPRIO 2300 WESTON ROAD, SUITE 202 WESTON, FL 33326 Annual Reports Report Year Filed Date 2022 01 /25/2022 Document Images O U25/2022_ANNUAL REPORT View image in ?DF format 12/14/2021 -- Florida Limited Liability View image in PDF format linos://search.sunbiz.orallnauiivICoroorationSearch/SearchResultDetail?inquilvtvpe=EntitvName&directicnTypc=Initial&searchName©rder=608OKEE... 1 /2 Tuesday, August 9, 2022 To whom it may concern: 608 Okeechobee, LLC, a Florida limited liability company, has submitted a request for a special exception on parcel numbers: 3-15-37-35-0010-00780-0070 and 3-15-37-35-0010-00780-0090, we also have a comprehensive plan amendment to commercial on parcel 3-15-37-35-0010-00780-0090 and rezoning on both parcels to Light Commercial that has been recommended for approval to the City Council by the Planning Board. The special exception we have submitted for an Alcohol and drug rehabilitation center/detox center is allowable in Light Commercial and will not take effect until the rezoning and Comprehensive plan has been approved by the City Council. Manager 608 Okeechobee, LLC, a Florida limited liability company ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: In Light Commercial Zoning Sec. 907251, (21)Alcohol and drug rehabilitation center/detox center. Are there similar uses in the area? No Yes If yes, briefly describe them: There is an existing facility to the north that is owned by the applicant. This project will be an expansion of that existing facility. B If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a buildin : C This project will expand the existing �cility to the north and employ approximately 25 people on a rotating basis for a 24n rehab operation. Not activities will be conducted outside the building. 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 Trip 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. Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets E as necessary. STANDARDS FOR GRANTING A SPECIAL 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. 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. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 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. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (Rev 4/2020) Page 8 of I 1 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(c), LDR pages 19 & 201 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: The use is not contrary to the Comprehensive Plan requirements. 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an adverse effect on the public interest. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 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 4/2020) Page 9 of 11 August 1, 2022 City of Okeechobee 55 SE 31d Avenue Okeechobee, FL 34974 608 Okeechobee, LLC - City of Okeechobee, Alcohol and drug rehabilitation center/detox center Special Exception Standards for granting a special exception: 1. Demonstrate that the proposed location and site are appropriate for the use. The site is one block from 441N, north of NE 6'h Street. The site has good access from the south and west this site is appropriate for the proposed use. However, since the use is going to be the south half of the lot and the access is planned off of NE 6`r` Street this project will have very little impact to adjoining property owners to the west, east and north. 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. The proposed building shown on the site plan on the proposed lot works within the criteria for this zoning district, so no special design effort is required. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. Visual screening will not be required for this facility as most of the activities are inside the facility and anything outside is monitored and supervised to alleviate any potential problems from adjacent landowners. 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. As mentioned previously, most activities are inside the facility and any other outdoor activities will occur during daylight hours so as to limit exposure from hazards or public nuisance. 5. Demonstrate how the utilities and other service requirements of the use can be met. There are existing water and sewer service to the site as well as power, so there are no utility or service requirements that cannot be met currently. 6. Demonstrate how the impact of txaffic generated will be handled, off site and on site. Traffic will enter and leave from the south off NE 6'h Avenue. There is a parking lot onsite sufficient for the proposed parking requirements of the facility, so no backup onto the street is anticipated. 1062 Jakes Way, Okeechobee, FL 34974 Phone: (863) 824-7644 Cell: (863) 634-0194 Email: sdobbs@stevedobbsengineering.com Website: www.SteveDobbsEngineering.com Findings required for granting a special exception: 1. The use is not contrary to the Comprehensive Plan requirements. This parcel is zoned Light Commercial and has a Future Land Use of Commercial and this special exception request is in the Light Commercial Zoning, Section 90-253. This facility is not contrary to the Comprehensive Plan. 2. The use is specifically authorized as a special exception use in the zoning district. In Section 90-253 — Special Exception Uses tinder Light commercial #21 specifically allows Alcohol and drug rehabilitation/detox center. The use is authorized. 3. The use will not have an adverse effect on the public interest. With the existing facility to the north being here since 2015, there have been no issues with the facility within the local area or the City. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. This use is within the City's commercial corridor with a similar use to the north, so compatibility is established, and the east parcel was previously used as a single-family home, so this is in accord with the urbanizing land use patter oj'land being more heavily used closer to arterial roads. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. No, the property to the north has been in service since 2015. The surrounding properties are mostly developed, so there should be no deterrent to the development of adjacent properties. 6. The use may be required to be screened from the surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Most of the services in this facility will take place inside the facility, anything outside the facility is supervised and regulated so as control any interaction with local residents and businesses. There should be nothing onsite that would require additional screening above the required landscaping. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. This facility will have no one in the school system and while the traffic will increase from a daily total of approximately 10 from the single family residence to approximately 71 total daily trips, the peak trips are estimated at 7, which is well below the local street capacity. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. As discussed above, the traffic will be of no concern while the development will require a drainage system that will limit the peak discharge, so traffic congestion or flood should not be an issue with this site. Sincerely, 1 Steven L. Dobbs, P. E. President Official Records File#2022007861 Page(s):a Jerald D Bryant, Clerk of the Circuit Court & Comptroller Okeechobee, FL Recorded 6/7/2022 8:56 AM kc�s c Fees: RECORDING $36.50 D DOCTAX PD S1,043.00 Prepared by and return to: Daniel A. Kaskel, Esq. Sachs Sax Caplan, P.L. 6111 Broken Sound Parkway NW, Suite 200 Boca Raton, Florida 33487 (561) 994-4499 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of the 3rd day of June, 2022, by and between MARIA ESPINOZA HERNANDEZ a/k/a MARIA ESPINOZA, a single woman, NOE GARCIA ESPINOZA, a married man, and MIGUEL GARCIA ESPINOZA, a single roan, whose post office address is 6675 NE 2nd Street, Okeechobee, Florida 34972 (the "Grantor"), and 608 OKEECHOBEE, LLC, a Florida limited liability company, whose post office address is 2300 Weston Road, Suite 202, Weston, Florida 33326 (the "Grantee"). (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) WITNESSETH: THAT GRANTOR, for and in consideration of the sum of Ten and 00/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, its successors and assigns forever, the following described property located in Okeechobee County, Florida (the "Property"), to -wit: Lots 9 and 10, Block 78, City of Okeechobee, according to the map or plat thereof, as recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. Parcel Identification Number: 3-15-37-35-0010-00780-0090 TOGETHER WITH all the tenements, hereditaments, easements and appurtenances thereto belonging or in anywise appertaining; SUBJECT TO covenants, conditions and restrictions' and reservations of record, if any, without any intent of reimposing same. Subject to taxes subsequent to December 31, 2021. The property described herein %v not now the primary residence/homestead of Noe Garcia Espinoza or his spouse or dependent child, if any. Further, the property is not contiguous to such person 's homestead which is located at 5884.1 E Yd Lane, Okeechobee, Florida 34974. To Have and to Hold, the same in fee simple forever. AND the Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple, that it has good right and lawful authority to sell and convey said Property; that it hereby specially warrants the title to said land subject to the Permitted Exceptions and will defend the same against the lawful claims of all persons claiming by, through and under Grantor subject to the Permitted Exceptions, but against none other. [SIGNATURE PAGES TO FOLLOW] File Num # 2022007861 6/7/2022 2 of 4 IN WITNESS WHEREOF, Grantor has executed under seal this Special Warranty Deed on the day and year first written above. Signed, sealed and delivered in the presence of: Wit s . GRANTOR: Print Name: T:)a ��L�, S (� ✓�Ph ,� a Print Name: ' ;7`l; P.0 e tw L • �J ��6 COUNTY OF OKEECHOBEE STATE OF FLORIDA a Maria Espinoza Hernandez a/k/a Maria Espinoza THE FOREGOING INSTRUMENT was, executed, acknowledged, and delivered before me by means of ® physical presence or ❑ online notarization, this - day of June, 2022, by MARIA ESPINOZA HERNANDEZ a/k/a MARIA ESPINOZA. She: ❑ is personally known to me OR ❑ produced a Florida driver's license as identification OR produced ft44 . i o _�--D as identification. Seal 0 Q(11 Notary Public rj MY COMMISSION # HH49765 Print Name: '�,F�� EXPIRT S: October Ol, 201f1 My commission expires: Go Zoe [CONTINUNED ON THE FOLLOWING PAGE] SPECIAL WARRANTY DEED -2- File Num # 2022007861 6/7/2022 3 of 4 Signed, sealed and delivered in the presence of: Witnc GRANTOR: Print Name: D LA Qc t, 5 �hX � a" ) el IXAY C -. A Noe Garcia Espinoza Print Name: COUNTY OF OKEECHOBEE STATE OF FLORIDA THE FOREGOING INSTRUMENT was, executed, acknowledged, and delivered before me by means of ® physical presence or ❑ online notarization, this 3r-6 day of June, 2022, by NOE GARCIA ESPINOZA. He: Seal ❑ is personally known to me OR ❑ produced a Florida driver's license as identification OR ❑/ produced 0 k§je 1 .. O ( b as identification. STEVEN L. DOBBS OMMiSSION 4 HH49765 d L, t;: )crober 01, 2024 STEVEN L. DOBBS 1 / MY COMMISSION # HH49765 „ fiXPIRES: October 01, 2024 ^� otary Public Print Name: (-A- ea" My commission expires:��+ [CONTINUED ON THE FOLLOWING PAGE] SPECIAL WARRANTY DEED -3- File Num ff 2022007861 6/7/2022 4 of 4 Signed, sealed and delivered in the presence of. Witnesses: a Q -,,� - — Print Name: 1-1 Print Name: COUNTY OF OKEECHOBEE STATE OF FLORIDA GRANTOR: AA [ Miguel Glarcia Espinoza THE FOREGOING INSTRUMENT was, executed, acknowledged, and delivered before me by means of Z physical presence or 0 online notarization, this 7 � day of June, 2022, by NIIGUEL GARCIA ESPINOZA. He: ❑ is personally known to me OR ❑ produced a Florida driver's license as identification OR [✓]produced iM.2\,t W i1 as identification. Seal Gi w •. otary Public j L Print Name:Lt ���Mycommission expires: tj!n-7EXPIRES: October Ol, 2024 SPECIAL WARRANTY DEED -4- ofCu�o Official Records File#2022004715 Page(s):2 c m Jerald D Bryant, Clerk of the Circuit Court & Comptroller Okeechobee, FL Recorded 4/5/2022 3:59 PM `xrosEec� Fees: RECORDING $18.50 D DOCTAX PD $700.00 Prepared by and return to: Nicole J. Huesmann Attorney at Law Nicole J. Huesmann, P.A. 150 Alhambra Circle Suite 1150 Coral Gables, FL 33134 305-858-0220 File Number: C2022-07 Will Call No.: [Space Above This Line For Recording Special Warranty Deed This Special Warranty Deed made this A" -'—day of April, 2022 between Muhammad K. Syed, a married man whose post office address is 510 N Parrott Ave, Okeechobee, FL 34974, grantor, and 608 Okeechobee, LLC, a Florida limited liability company whose post office address is 2300 Weston Road, Suite 202, Weston, FL 33326, grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration ofthe sum TEN AND NO/100 DOLLARS ($10,00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described Iand, situate, lying and being in Okeechobee County, Florida, to -wit: Lots 7 & 8, Block 78, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Parcel Identification Number: 31537350010007800070 Subject to taxes for 2022 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Grantor's residence and homestead address is: 8432 Ironhorse Court, West Palm Beach, FL 33412. Together with all the tenements, hereditaments and appurtenances thereto belonging or Ln anywise appertaining. To Have and to Hold, the same in fee simple forever_ And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. In Witness Whereof, grantor has hereunto set grantors hand and seal the day and year first above written. I oubleTirne° File Num # 2022004715 4/5/2022 2 of 2 Signed, sealed and delivered in our presence: 9 "'p- Witness Name: Witness Name: State of Florida County of _,L�s The foregoing instrument was acknowledged before me by means of [X] physical presence or L] online notarization, this � day of April, 2022 by Muhammad K Syed, who [_j is personally known or [X] has produced a driver's license as identification. [Notary Seal] Notary Public 4p ON Notary Public State of Florida Christine D Tarvin My Commission GG 3394a5 p Rtl� Expires 08/72/2023 Printed Name: My Commission Expires: Special Warranty Deed - Page 2 DoubteTimO