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2008-01-17
CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS JANUARY 17, 2008 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Planning Board/Board of Adjustment and Appeals, January 17, 2008, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice - Chairperson Dawn Hoover Agency Member Terry Burroughs Agency Member Kenneth Keller Agency Member Devin Maxwell Agency Member Douglas McCoy Agency Member Carol Johns Alternate Member Epifanio Juarez Alternate Member Mike O'Connor Attorney John R. Cook Planning Consultant Bill Brisson Secretary Betty Clement III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the December 20, 2007 regular meeting. Chairperson Ledferd called to order the January 17, 2008 Planning Board /Board of Adjustment and Appeals at 6:00 p.m. Board Secretary Clement called the roll: Present Present Absent (With consent) Present Present Present Absent (With consent) Present (Moved to voting petition) Present (Moved to voting petition) Absent (Without consent) Present Present Vice Chair Hoover motioned to dispense with the reading and approve the Summary of Board Action for the December 20, 2007 Regular Meeting; seconded by Alternate Juarez. VOTE LEDFERD - YEA BURROUGHS - ABSENT MCCOY - YEA MOTION CARRIED. HOOVER -YEA JOHNS- ABSENT JUAREZ -YEA KELLER -YEA MAXWELL - YEA O'CONNOR - YEA IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. QUASI - JUDICIAL A. Consider a Special Exception Petition No. 08- 001 -SE to allow a migrant facility within Residential Multi- Family (RMF) Zoning District (ref. Code Book Sec. 90- 193(11)) submitted by Rafael Ayala on behalf of property owner Mauro Tovar. The subject property is located at 720 Northwest 9th Drive. Legal description: Lots 11 through 15 of Block 66, City of Okeechobee , as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County and is approximately 0.801 acre(s) - Planning Consultant. 1 JANUARY 17, 2008 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS- PAGE 22F 41 Chairperson Ledferd asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. Consider a Special Exception Petition No. 08- 001 -SE to allow a migrant facility within Residential Multi - Family (RMF) Zoning District (ref. Code Book Sec. 90- 193(11)) submitted by Rafael Ayala on behalf of property owner Mauro Tovar. The subject property is located at 720 Northwest 9th Drive. Legal description: Lots 11 through 15 of Block 66, City of Okeechobee , as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County and is approximately 0.801 acre(s). Mr. Bill Brisson presented the LaRue Planning Staff recommendation of denial, due to proposed migrant facility is within one mile of an existing facility, and therefore its continued use as a migrant facility is in violation of Section 90- 194(5). Further, the applicant has not provided the information or affidavits required under Section 90 -194. In light of these facts and the foregoing analysis and findings, Staff recommends that Petition No. 08- 001 -SE be denied and that the continued use of the property as a migrant housing facility cease. Board Member Maxwell asked what makes this use different from Multi - Family. Mr. Brisson replied, density. One mile is used to control over concentration. Board Member Maxwell also stated there is a church within 1,000 feet of the facility, which is a violation of code. Chair Ledferd expressed an extreme need for migrant housing, since we are an agricultural community, but according to code we must deny the special exception petition. Alternate Juarez explained to Mr. Ayala, in his native language, the ensuing discussion. Mr. Ayala withdrew the petition. Planning Board members expressed to Mr. Brisson, to examine the section of the code on migrant housing and present to them revisions the Board can discuss and recommend to City Council to allow a broader application of the migrant facility code. Mr. Brisson concurred. V. OPEN PUBLIC HEARING CONTINUED. QUASI- JUDICIAL B. Consider a Special Exception Petition No. 08- 002 -SE to allow one dwelling unit per commercial building within Heavy Commercial (CHV) Zoning District (ref. Code Book Sec. 90- 283(17)) submitted by Mark Brandel on behalf of property owner Big Lake Eye Care, LLC. The subject property is located at 606 North Parrot Avenue. Legal description: Lots 6, 7, 8 and 9, of Block 77, City of Okeechobee, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County and is approximately 0.655 acre(s) - Planning Consultant. JANUARY 17, 2008 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF ti Consider a Special Exception Petition No. 08- 002 -SE to allow one dwelling unit per commercial building within Heavy Commercial (CHV) Zoning District (ref. Code Book Sec. 90- 283(17)) submitted by Mark Brandel on behalf of property owner Big Lake Eye Care, LLC. The subject property is located at 606 North Parrot Avenue. Legal description: Lots 6, 7, 8 and 9, of Block 77, City of Okeechobee, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County and is approximately 0.655 acre(s). Mr. Bill Brisson presented the LaRue Planning Staff recommendation of approval based on the findings that this petition is not contrary to the Comprehensive Plan requirements. Chair Ledferd inquired, by adding this dwelling unit, will that change the parking requirements? Mr. Brisson replied, "no ". Chair Ledferd asked whether there was anyone to represent the applicant? Mark Brandel, 2525 Northeast 13151 Lane represented the Big Lake Eye Care LLC. He asked whether the Board had any questions for him? There were none. Board Member Maxwell stated he would be abstaining from voting due to being inured (to become of advantage) to the special gain or loss of Big Lake Eye Care, LLC. Vice Chair Hoover moved to approve Special Exception Petition No. 08- 002 -SE based on LaRue Staff findings to allow one dwelling unit per commercial building within Heavy Commercial (CHV) zoning district (ref. Sec. 90- 283(17)); seconded by Board Member McCoy. VOTE LEDFERD - YEA HOOVER - YEA BURROUGHS - ABSENT JOHNS - ABSENT MCCOY - YEA JUAREZ - YEA MOTION CARRIED. KELLER - YEA MAXWELL - ABSTAIN * O'CONNOR - YEA *Board Member Maxwell's Form 8B Memorandum of Voting Conflict for Municipal Public Officers was completed and file in the Office of the City Clerk. JANUARY 17, 2008 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 4F 4 3 ACTION DISGOSSIPI V. OPEN PUBLIC HEARING CONTINUED. QUASI- JUDICIAL C. Consider a Special Exception Petition No. 08- 003 -SE to allow added height over 45 feet to the stairwells of a four story hotel located within Heavy Commercial (CHV) Zoning District (ref. Code Book Sec. 90 -285) submitted by Kelly Kite, Jr. on behalf of property owner Okeechobee SR70 Holdings LLC. The subject property is located at 1108 Highway 70 East. Legal description: Being a parcel of land lying in Section 22, Township 37 South, Range 35 East City of Okeechobee, as recorded in Plat Book 634, Page 650, Public Records of Okeechobee County and is approximately 6.27 acre(s) - Planning Consultant. Consider a Special Exception Petition No. 08- 003 -SE to allow added height over 45 feet to the stairwells of a four story hotel located within Heavy Commercial (CHV) Zoning District (ref. Code Book Sec. 90 -285) submitted by Kelly Kite, Jr. on behalf of property owner Okeechobee SR70 Holdings LLC. The subject property is located at 1108 Highway 70 East. Legal description: Being a parcel of land lying in Section 22, Township 37 South, Range 35 East City of Okeechobee, as recorded in Plat Book 634, Page 650, Public Records of Okeechobee County and is approximately 6.27 acre(s). Mr. Brisson presented the LaRue Planning Staff Report of approval based on the use not being contrary to the Comprehensive Plan requirements. He also reported that the height has been changed by the applicant from 55 feet 2 and 7 /8th inches to 56 feet 7 inches. Chair Ledferd stated, he talked with the Lieutenant of the Fire Department and was told there would be no problem with water at that height. Board Member O'Connor inquired as to how tall are the towers? Mr. Keith Kite, 3055 Cardinal Drive, Vero Beach, Florida, answered, "about 12 feet over the allowed 45 feet. He also stated the hotel would be sprinkled and due to the design the floors had to be raised eight inches for life safety issues, which in turn created the stairwells to be raised to 56 foot 7 inches above the main roof line. This is for aesthetic purposes to raise the stairwells at each end of the building and the front entrance. Chair Ledferd asked whether there were further questions from the citizens or the Board. There were none. Alternate O'Connor moved to approve Special Exception Petition No. 08- 003 -SE to allow the height of 56 feet 7 inches for the stairwells and approximately 52 feet for the entrance of a four story hotel located within a Heavy Commercial (CHV) zoning district (ref. Sec. 90 -285); seconded by Vice Chair Hoover. VOTE LEDFERD - YEA BURROUGHS - ABSENT MCCOY - YEA MOTION CARRIED. HOOVER -YEA JOHNS- ABSENT JUAREZ -YEA KELLER - YEA MAXWELL - YEA O'CONNOR - YEA V. OPEN PUBLIC HEARING CONTINUED. QUASI - JUDICIAL D. Consider a Variance Petition No. 07 -002 -V to change front setbacks from twenty to zero feet and the North side setbacks from eight to zero feet within Heavy Commercial (CHV) Zoning District (ref. Code Book Sec. 90- 285(1)) submitted by property owners, David and Anita Nunez. The subject property is located at 108 Northeast 7'h Avenue. Legal description: Lots 6, 7, 8 and 9, of Block 77, City of Okeechobee, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County and is approximately 0.655 acre(s) - Planning Consultant. JANUARY 17, 2008 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 5 OF 8 Consider a Variance Petition No. 07 -002 -V to change front setbacks from twenty to zero feet and the North side setbacks from eight to zero feet within Heavy Commercial (CHV) Zoning District (ref. Code Book Sec. 90- 285(1)) submitted by property owners David and Anita Nunez. The subject property is located at 108 Northeast 7th Avenue. Legal description: Lots 6, 7, 8 and 9, of Block 77, City of Okeechobee, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County and is approximately 0.655 acre(s) Mr. Brisson presented the LaRue Planning Staff Report of denial citing the applicant did not demonstrate a legitimate hardship for the requested variance sought. Chair Ledferd reported, Mrs. Anita Nunez was his niece, but that he has no conflict. Discussion ensured regarding the South Florida Water Management District (SFWMD) easement at the canal side of Mrs. Nunez's property. Mrs. Nunez, of Southeast 4'h Street reported she had talked with SFWMD regarding the easement and she stated she was told she did not have access to that portion of the property, therefore this is why she is requesting the variance for the setbacks. Alternate O'Connor asked whether a variance was applied for, for the use of the property? Mrs. Nunez replied "no". The Board determined Mrs. Nunez should return to SFWMD to request a variance for use of the easement property. Mrs. Nunez requested to postpone the petition for sixty -three (63) days for re- submittal. Board Member Maxwell stated he would be abstaining from voting due to being inured (to become of advantage) to the special gain or loss of David and Anita Nunez. Board Member Maxwell's Form 8B Memorandum of Voting Conflict for Municipal Public Officers was completed and filed in the Office of the City Clerk. 1 1 JANUARY 17, 2008 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 62Fd 5 SION -:V V. OPEN PUBLIC HEARING CONTINUED. QUASI- JUDICIAL E. Consider a Variance Petition No. 08 -001 -V to create 5 foot offset visibility triangle located within Heavy Commercial (CHV) Zoning District (ref. Code Book Sec. 66 -1 visibility triangle) submitted by John Raddatz on behalf of property owner(s) Southeast Milk, Inc. The subject property is located at 1005 Southwest Park Street. Legal description: Lots 1 to 10 inclusive of Block 21, Southwest Addition to Okeechobee, as recorded in Plat Book 2, Page 7, Public Records of Okeechobee County and is approximately 1.5 acre(s) - Planning Consultant. Consider a Variance Petition No. 08 -001 -V to create 5 foot offset visibility triangle located within Heavy Commercial (CHV) Zoning District (ref. Code Book Sec. 66 -1 visibility triangle) submitted by John Raddatz on behalf of property owner(s) Southeast Milk, Inc. The subject property is located at 1005 Southwest Park Street. Legal description: Lots 1 to 10 inclusive of Block 21, Southwest Addition to Okeechobee, as recorded in Plat Book 2, Page 7, Public Records of Okeechobee County and is approximately 1.5 acre(s) Mr. Bill Brisson presented the LaRue Planning Staff Report of denial, stating the Staff is not in agreement with the applicant's contentions, and the implementation of a visibility triangle is considered a matter of public safety, therefore, granting the variance would not be compatible with the purpose and intent of the LDR's. Also stated that if granted, this would be a privilege for the applicant. Mr. Steve Dobbs, 210 Northwest Park Street, spoke on behalf of the applicant. He stated he had done research on visibility triangles and distributed photos of violators in the City. The City has a large area designated for visibility triangles. Florida Department of Transportation (FDOT) has lesser amounts designated. Board Member McCoy inquired as to whether the proposed Southeast Milk building met FDOT visibility triangle measurements? Mr. Dobbs answered `fires ". Mac Worley, General Contractor for the project told the Board, Southeast Milk lost part of their property due to the widening of SR70. They would not need a variance had this not occurred. Chair Ledferd asked whether there were further questions from the citizens of the Board. There were none. Alternate O'Connor moved to approve Variance Petition No. 08 -001 -V to create a 5 foot offset visibility triangle; seconded by Board Member Keller. VOTE LEDFERD - YEA BURROUGHS - ABSENT MCCOY - YEA MOTION CARRIED. HOOVER -NAY JOHNS- ABSENT JUAREZ -NAY KELLER - YEA MAXWELL - NAY O'CONNOR - YEA V. OPEN PUBLIC HEARING CONTINUED. QUASI - JUDICIAL F. Consider a Variance Petition No. 08 -002 -V to reduce the required front setback from 25 feet to zero feet for property located within PUB zoning district (ref. Sec. 90- 376(5)) submitted by Jim Threewits on behalf of property owner(s) BOCC of Okeechobee County. The subject property is located at 504 Northwest 4th Street. Legal description: Lots 1 to 12 including Block 93, and alleys in said Block and West 1/2 of Seminole Street, Northwest 6th Avenue; Lots 1 to 12, Clock 103 and Alleys in said Block and West 1/2 of Seminole Street, now Northwest 6th Avenue; Lots 1 to 12, less East 16 foot Block 104 and alleys in said Block and East' of Seminole Street; Lots 7 to 12 Tess 16 foot Block 95 and said 1/2 of adjacent alley and East 1/2 of Seminole Street; and Lots 1 to 6 less East 16 foot Block 95 and North 'h of adjacent alley and East 1/2 of Seminole Street. Public Records of Okeechobee County and is approximately 2.514 acre(s) - Planning Consultant. JANUARY 17, 2008 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 7 OF 8 Consider a Variance Petition No. 08 -002 -V to reduce the required front setback from 25 feet to zero feet for property located within PUB zoning district (ref. Sec. 90- 376(5)) submitted by Jim Threewits on behalf of property owner(s) BOCC of Okeechobee County. The subject property is located at 504 Northwest 4th Street. Legal description: Lots 1 to 12 including Block 93, and alleys in said Block and West' of Seminole Street, Northwest 6th Avenue; Lots 1 to 12, Clock 103 and Alleys in said Block and West 1/2 of Seminole Street, now Northwest 6th Avenue; Lots 1 to 12, Tess East 16 foot Block 104 and alleys in said Block and East 1/2 of Seminole Street; Lots 7 to 12 less 16 foot Block 95 and said 1/2 of adjacent alley and East 1/2 of Seminole Street; and Lots 1 to 6 Tess East 16 foot Block 95 and North 1/2 of adjacent alley and East 1/2 of Seminole Street. Public Records of Okeechobee County and is approximately 2.514 acre(s) Mr. Bill Brisson presented the LaRue Planning Staff Report of approval pending input from the Fire Chief that there is no fire hazard associated with the proposed location. The street is unpaved and unimproved right -of -way. This area is surrounded by County owned property and /or Industrial Zoning. County has a responsibility to care for employees and citizens, which prompted the request to install a building for a generator and 300 gallons of diesel fuel. If passed, one contingency is to go before the Technical Review Committee for Site Plan approval. Mr. Jim Threewits, representing the County, displayed a drawing for the Board's perusal. Chair Ledferd asked whether there was further discussion from the applicant or the Board. There was none. Alternate O'Connor moved to approve Variance Petition No. 08 -002 -V subject to site plan review; seconded by Vice Chair Hoover. VOTE LEDFERD - YEA HOOVER - YEA BURROUGHS- ABSENT JOHNS- ABSENT MCCOY -YEA JUAREZ -YEA MOTION CARRIED. KELLER - YEA MAXWELL - YEA O'CONNOR - YEA 1 AGENDA V. ADJOURNMENT Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records of the Department. William Ledf- Chairperson ATTEST: ( Betty . t letent, Secretary JANUARY 17, 2008 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 82F 4 7 SCUSSION - VOTE There being no further items on the agenda, Chair Ledferd adjourned the meeting at 8:30 p.m. CITY OF OKEECHOBEE — JANUARY 17, 2008 - PLANNING BOARD /BOARD OF ADJUSTMENTS AND APPEALS HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: January 17, 2008, Planning Board /Board of Adjustment and Appeals Regular Meeting 6:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary Chairperson William Ledferd Vice - Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns Alternate Epifanio Jurarez Alternate Mike O'Connor Senior Planner Brisson Attorney John R. Cook Secretary Betty Clement III. MINUTES — Secretary Present Absent f/ iz A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the December 20, 2007, regular meeting. MOTION: Board Member moved to dispense with the readin December 20, 2007 regular meeting; seconded by Board Member and approve the Summary of Agency Action for the VOTE YEA NAY ABSTAIN ABSENT Non Voting Mbr LEDFERD a✓ HOOVER V BURROUGHS ✓ KELLER ✓ MAXWELL ✓ MCCOY V JOHNS ,/ JURAREZ i/ O'CONNOR RESULTS CARRIED DENIED IV. AGENDA - Ch'airpers6n. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT (o :00 P.M. QUASI- JUDICIAL 1. Application No. 08- 001 -SE Request Allow a residential migrant housing facility within RMF zoning district (ref. Sec. 90 -193 (11)). 720 NW 9th Drive Rafael Ayala Senior Planning Consultant Denial Location Applicant Staff Representation LaRue Staff Recommendation DISCUSSION: 1,._40,1/ !1 S ,.-1Yta -r co_e 0 ti LL - Lot, v,k_,Loaf-L) Lac/ tx„ii • , az- (41., 9 u.,(.1(uo Lk • '1 Uti n,1/4 i 4 s _ ^'tom f N 1k °fez b.—to -not L vt I' dit 1s . .. 1 Alibr '- IL -1111111i A CYO 6..m.' J , i► ' lbto Motion: rei, • ,.e /irs. 1 .4/.._ w'a1 wz - o(A- 04- ‘71.) . Board Member moved to approve /deny Special Exception Petition No. 08-01 - SE to allow a residential migrant housing facility located within Residential Multi - Family(RMF) Zoning District (ref. Sec. 90 -193 (11)); seconded by Board Member VOTE YEA NAY ABSTAIN ABSENT Non Voting Mbr LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR RESULTS CARRIED DENIED ) / 16e9a44 c'C1 -- /9 , c Yh-k '-a • 2. Application No. Request Location Applicant Staff Representation LaRue Staff Recommendation DISCUSSION 08- 002 -SE Allow one dwelling unit per commercial building within CHV zoning district (ref. Sec. 90 -283 (17)). 606 North Parrott Avenue Mark Brandel on behalf of property owner Big Lake Eye Care LLC. Senior Planning Consultant Approval -�1 c4 C,t �� fez - NOT ..eve_ — MOTION: L. u Board Member cV-i\--- moved t allow one dwelling/AV p comp m al building withi Board Member /deny Special Exception Peti Sn No. 08- 002 -SE to ning district (ref. Sec. 90 -283 (17)); seconded by VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MBR LEDFERD HOOVER BURROUGHS ,/ KELLER MAXWELL ee--Ge10 MCCOY JOHNS ✓ JURAREZ ,.'' O'CONNOR RESULTS CARRIED DENIED 3. Application No. Request Location Applicant Staff Representation LaRue Staff Recommendation DISCUSSION 08- 003 -SE Allow added height over 45 feet to the stairwells of a four story hotel located within a CHV zoning district (ref. Sec. 90 -285). 1108 Hwy. 70 East Kelly Kite, Jr. on behalf of property owner Okeechobee SR70 Holdings LLC. Senior Planning Consultant Approval Mr" I. - (.�,2 - ► r (� ( 0 / 141)1"Ctt F 41( dati i , i _a Ill i. .f. : A, �.. r... i 13 .w �• � rriVIPUI ill / , _ a s' , i, _ 140 (te ? �' /_ i � / ' /I/ 1_.+ -. � MOTION: Board Member et-Mc-01. moved t Allow added height over 45 feet to the stairwells of a fo 90 -285); seconded by Board Member a.---- VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MBR LEDFERD J HOOVER `, BURROUGHS KELLER v"7 MAXWELL ✓7 MCCOY JOHNS `"�� JURAREZ f° O'CONNOR RESULTS /' CARRIED i. DENIED 4. Ap• ' - ion No. Request Location Applicant Staff Representation LaRue Staff Recommendation DISCUSSION r 07 -002 -V Change front setbacks from twenty to zero feet and the North side setbacks from eight to zero feet within a CHV zoning district (ref. Sec. 90- 285(1)). 108 NE 7th Avenue David and Anita Nunez Senior Planning Consultant Denial ilintrivneffergamwmumief .munimmr .. J /deny Special Exception Petition No. 08- 003 -SE to rry hotel located within a CHV zoning district (ref. Sec. MINSIPIMINMEMBENVMANNAMMINIMMetal 044/1-'61. waif 164 oi 7 ,-/in w /za- --c-e- f-t, 7--, L.-6;e74-4,--(-4---) 7k-ef Cit a ‹.-? 77u_46-:''' .0,1L,,,E=4-. 64)//2A‘-"d /4-t---i2 A--;,-,--- 6)1 May MOTION: Board Member moved to approve /deny Variance Petition No. 07 -002 -V to Change front setbacks from twenty to zero feet. and the North side setbacks from eight to zero feet within a CHV zoning district (ref. Sec. 90- 285(1)); seconded by Board Member VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MBR LEDFERD HOOVER BURROUGHS KELLER • MAXWELL s <' - MCCOY JOHNS JURAREZ O'CONNOR RESULTS CARRIED DENIED 5. Application No. Request Location Applicant Staff Representation LaRue Staff Recommendation DISCUSSION 1 P c iC �k eL/ S �-0 08 -001 -V Create 5 foot offset visibility triangle located within a CHV zoning district (ref. Sec. 66 -1 visibility triangle). 1005 SW Park Street John Raddatz on behalf of property owner Southeast Milk Inc. Senior Planning Consultant Denial Ink-r, LEI' wot v3o0,y,1/4 \N-A$30._ 051-6t- to‘i-1-A 651-c4- Ci) 4, (tb ktjl pa 44c, otto--e-e( ,b-elei, /7-- ° 4(-3i- -c.1)4, ,914, ,-,fi A64 a- 0-,-,/ft(-1 • -.1' Y")rit4lt ..,,,....-0.}-1A--- C714-0-----)A., c-0...0,._..._ C1A--41-A-S . ‘ r,-... 2--ii-et---c___.- .74. /.3 „erk_ ,L-7 13 ICI a 1{ A -10- a --,--r- aze-e(---z-e...-• /461" ritt-d, 6 0 - 066 i-7j 47M14-C- jv MOTION: Board Member � moved t foot offset visibility ri gle located within a CHV zoni Board Member /deny Variance Petition No. 08 -001 -V to Create 5 (ref. Sec. 66 -1 visibility triangle); seconded by VOTE YEA / NAY ABSTAIN ABSENT NOT SERVING AS VOTING MBR LEDFERD f/ HOOVER / BURROUGHS KELLER ✓ MAXWELL MCCOY ✓ JOHNS JURAREZ S/ O'CONNOR RESULTS 7-CARRIED J DENIED 6. Ap +Iication No. Req 08 -002 -V Reduce the required front setback from 25 feet to zero feet located within PUB zoning district (ref. Sec, 90- 376(5)). Location 504 NW 4th Street Applicant BOCC of Okeechobee County Staff Representation Senior Planning Consultant LaRue Staff Recommendation Approval DISCUSSION -r- MOTION: t Board Member 0 69344" L-- moved required front setbac from 25 feet to zero feet locate by Board Membe e /deny Variance Petition No. 08 -002 -V to reduce the in PUB zoning district (ref. Sec. 90- 376(5)); seconded VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MBR LEDFERD HOOVER 1..' BURROUGHS 4/ KELLER MAXWELL L., MCCOY 1/ JOHNS JURAREZ '7-- O'CONNOR G am/ RESULTS PARRIED DENIED CLOSE PUBLIC HEARING - Chairperson. VII. CHAIRPERSON LEDFERD ADJOURNED THE MEETING AT 30 P.M. CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MEETING JANUARY 17, 2008 OFFICIAL AGENDA Page 1 of 3 I. CALL TO ORDER: Planning Board /Board of Adjustment and Appeals, January 17, 2008, 6:00 p.m. - Chairperson. II. CHAIRPERSON, BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice - Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns Alternate Epifanio Juarez Alternate Mike O'Connor Attorney John R. Cook Senior Planner Bill Brisson Secretary Betty Clement III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the December 20, 2007 regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. QUASAI- JUDICIAL 1. Application No. 08- 001 -SE Request Allow a residential migrant housing facility within RMF zoning district (ref. Sec. 90 -193 (11)). Location 720 NW 9th Drive Applicant Rafael Ayala Staff Representation Senior Planning Consultant LaRue Staff Recommendation Denial V. OPEN PUBLIC HEARING CONTINUED. QUASAI- JUDICIAL 2. Application No. Request Location Applicant Staff Representation LaRue Staff Recommendation 3. Application No. Request Location Applicant Staff Representation LaRue Staff Recommendation 4, Application No. Request Location Applicant Staff Representation LaRue Staff Recommendation 5. Application No. Request Location Applicant Staff Representation LaRue Staff Recommendation 6. Application No. Request Location Applicant Staff Representation LaRue Staff Recommendation JANUARY 17, 2008 - PB /BOA AGENDA - PAGE 2 OF 3 08 -002 -S E Allow one dwelling unit per commercial building within CHV zoning district (ref. Sec. 90 -283 (17)). 606 North Parrott Avenue Mark Brandel on behalf of property owner Big Lake Eye Care LLC. Senior Planning Consultant Approval 08- 003 -SE Allow added height over 45 feet to the stairwells of a four story hotel located within a CHV zoning district (ref. Sec. 90 -285). 1108 Hwy. 70 East Kelly Kite, Jr, on behalf of property owner Okeechobee SR70 Holdings LLC. Senior Planning Consultant Approval 07 -002 -V Change front setbacks from twenty to zero feet and the North side setbacks from eight to zero feet within a CHV zoning district (ref. Sec. 90- 285(1)). 108 NE 7th Avenue David and Anita Nunez Senior Planning Consultant Denial 08 -001 -V Create 5 foot offset visibility triangle located within a CHV zoning district (ref. Sec. 66 -1 visibility triangle). 1005 SW Park Street John Raddatz on behalf of property owner Southeast Milk Inc. Senior Planning Consultant Denial 08 -002 -V Reduce the required front setback from 25 feet to zero feet located within PUB zoning district (ref. Sec. 90- 376(5)). 504 NW 4th Street BOCC of Okeechobee County Senior Planning Consultant Approval JANUARY 17, 2008 - PB /BOA AGENDA - PAGE 3 OF 3 CLOSE PUBLIC HEARING - Chairperson. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of 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 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. NOTICE OF CONSIDERATION OF PROPOSED SPECIAL EXCEPTION NOTICE: A PUBLIC HEARING wvTl be held before the C ty of Okeechobee Planning Board/Board of Adjustment and Appeals an Thursday, January 17, 2008 at 8:00 p.m. or as soar thereafter as possible. The meeting will be held at City Hall, 55 Southeast 3rd Avenue, N the Corny, Chambers, Room 200, Okeechobee, Florida To consider a Special Exception Petition No. 08-001-SE. This is being sub- mitted by property. owner Rafael Ayala The petition is to w a residential fro- want Northwest Code Book Section 00- 193(11)) for property located at Legal description: Lots 1 through 5 and 11 through 15 of Block 66, City of Okee- chobee Subdivision, according to the plat thereof recorded In Plat Book 5, Page 5, Public Records of Okeechobee County, Florida A copy of the entireappiicalion(s) and agenda are available in the General Services Office, Rm 101 at City Hat or by calling Belly Clement at 863) 763.3372 x 218. Please be advised that the Board of Adjustment and Appeals writ serve as the de- cision making body (quasi - judicial), an behalf of the City, to approve or deny Spe- cial Exception Petitions. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of Adjustments and Appeals with respect to any mat- ter considered at this meeting, or hearing wit need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media is for the sole purpose of backup for official records of the department. In accordance with the Americans with Disabilities Act (ADA) and Ronda Statute 28626, persons with disabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no later than two (2) working days prior to die proceeding at 863. 763 -3372 x 218; it you are heanng or voice im- paired, call TDD 1- 800. 222.3448 (voice) or 1- 888447 -5620 (TTh. BY: Brian Whitehall, Zoning Admirrstator Petition No. 08- O01 -SE 254730 ON 112,11/08 Sworn tb atod subscr%ed before me this day of C I N9t y Public, State of Florida' at Large A.D. 20 Rr Janetta Thiboult Commission # DD505311 oe Expires January 10, 2010 Po 8onoen Troy Fain Insurance Inc 800.385-7019 Uniform Land Use Application • Special Exception • Variance ✓ Date: 1?-1 r �}.1 Petition No.O� -� ®� ` City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Fee Paid: 9°501 -�O� Jurisdiction: /7011- Pt Ise Hearing: ` i (10 b 2nd Hearing. Publication Dates - Describe adjoining land uses / improvements to the North: ---5,N uJ Name of contact person (state relationship): Notices Mailed: i Existing zoning: K Future Land Use classification: I Ts: Uniform Land Use Application • Special Exception • Variance ✓ Name of property owner(s): — ,A ci, s 1 t \ Owner mailing address: fl�0 0. � �TlIS'. pt Indicate current use of property: M1�Q nA 1 ( LIT A P P L I C A N T Name of applicant(s) if other than owner (state relationship): 1s there a current or recent use oldie property that is /was a violation of county ordinance') 11 so. describe: /1 Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: X/ Applicant mailing address: Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: ---5,N uJ Name of contact person (state relationship): i Existing zoning: K Future Land Use classification: I Ts: Contact person daytime phone(s): 9. (, ._ 5 7 - /? -7 Fax: V Property address / directions to property: 1'1 P R 0 P E R T Y Indicate current use of property: M1�Q nA 1 ( LIT Describe improvements on property, including number /type of dwellin s and whether occupied (if none, so stale): T O L D I S .Bco .BU S (AI - 6©Rnv\ Arm • LoI sibs tE-+; Approximate number of acres: z is property in a platted subdivision? y 1s there a current or recent use oldie property that is /was a violation of county ordinance') 11 so. describe: /1 Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: X/ Is a sale subject to this application being granted? y,e.5 Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: ---5,N uJ South: s/ R A East: R . West: ,/ �I i Existing zoning: K Future Land Use classification: I Ts: Actions Requested: ( ) Rezone ( . Special Exception ( ) Variance Parcel Identification Number: —) - %, . a —O /F --d 4216"e-7 -.,P49 / 0 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 .rac• ._- = -• request False or misleading information may be punishable by a fine of up to $500.00. • rf pnsonment up to 30 day's and may result in the summary denial of this application. r Sig Uniform Land Use Application (rev. u03) Page 1 of 2 Uniform Land Use Application (rev. 1103) Page 2 of 2 Current zoning classification: Requested zoning classification : P E C I A L E X E P T i C) N Provide specific LDR ordinance citati • / ✓ gQ -i93 /9 R z 0 N E What is ygur desireld permitted use under the proposed classification: i %r f' rf:%i`/i, iif� --I-4 « ^f6 _ _ , ri _ Y ` /t j;„'J -'f t If granted, will the new zone be conti th a like zone? [ z S xception necessary for your intended use? Variance? Uniform Land Use Application (rev. 1103) Page 2 of 2 Describe Variance sought: - - -- �� Describe the Special Exception sought M1el,KA0► Fr -LIT P E C I A L E X E P T i C) N Provide specific LDR ordinance citati • / ✓ gQ -i93 /9 .od Are there other similar uses in the area? Is so, describe: yes 10 - iie jW'- fif Why ould granting your request be in the best interest of the area and residents? /�� I rlrY1 vno r€ ' WI W■Q/YL° -'� ail. i' eGl. libusinesiorielly describe nature including_ number of employees, hours. noise _veneration and activiue-, to be cnndocud outside of a bnitdtnp: 0 (4.s-f— a. L i V 1''^Ct ;e-J4v t Uniform Land Use Application (rev. 1103) Page 2 of 2 Describe Variance sought: - - -- �� V A R 1 A N C E _ - Describe physical characteristic of property that makes -variance necessary: y�r Did you cause or ' bate to the characteristic? Is so, describe: �6 at is the minimum variance necessary? Uniform Land Use Application (rev. 1103) Page 2 of 2 To: Whom it may concern I iZ', F7.y e ix) r ijviam the owner of the property located at 720 NW 9th Dr which has six apartments on it (720,722,724,726,728,730). I am requesting a special exception for this property in order to house immigrants. This property will only be used for housing and no other activities. I believe by doing this to the for said property will bring commerce to intended area. Thank You For Your Support, 2 City of Okeechobee Planning Department 55 SE 3rd. Avenue; Okeechobee, FE, 34974 Phone (941) 763 -3373 Fax (941) 763 -1686 LAND USE POWER OF ATTORNEY Name ofProperty Owner.(s):3, ci f_.4) t I'_ ! %& -' Mailing Address: fi , c7/6 ,, i r`' 0 1 rte' /.9-e. i `tf Home Telephone: -4 4 IS 7- /2: - Work Telephone: . Property Address: )1„21? Aid q _ I7 -_ Parcel Tax ID Number: 3 -/ 5 -39-,5 s- Oc,W' -- G f.)a — e 1 c Name of Applicant: -/64 .F s / ); p? / /7 Home Telephone: g5 7 -- / e}. 2 Work Telephone:56 /-- '/% -175 %4/r The Undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the Applicant stated above the full right an power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exceptions or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be placed upon the use or operation of the property. Isasstatments 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 may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department_ IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR_ HANDS AND SEALS THIS G/ DAY OF J2yc I9" G'7 ,..ft12ELlpo jt&&tQS Before me the undersigned authority personally appeared the owner(s) named above who upon being dnly swam acknowledged before me that they are the owner(s) ofthe real property described above and that they executed the power of attorney far the purpose stated therein. Sworn and subscribed this `7"- day of 11 e)e 49 ? Notary Public Commission Expires: /- SEAL it OForm Design, Seminole Payer & Printing Co., In 10 17 95 That haS made, constituted and appointed, and by these presents do ES hereby make, constitute and appoint RAFAEL AYALA MY true and lawful attorney for MR, and in MY name, place and stead TO APPLY FOR, EXECUTE ANY DOCUMENTS TO APPLY FOR AND TO APPEAR BEFORE ANY GOVERNMENT BOARD FOR THE SOLE PURPOSE OF OBTAINING A SPECIAL EXCEPTION FOR A MIGRANT CAMP ON PROPERTY OWNED BY ME LOCATED AT 720 N. W. 9TH DRIVE, OKEECHOBEE, FLORIDA 34972. MAURO TOVAR Foforr of (.thirnrg ini thi All 4rn gig 1rrsrn #s: giving and granting unto RAFAEL AYALA MY said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, as I might or could do if personally present with full power of substitution and revocation, hereby ratifying and confirming all that RAFAEL AYALA MY said attorney or my substitute shall lawfully do or cause to be done by virtue hereof gin Pituesz pakerenf, I have hereunto set MY hand _ and seal this day of DEr, MRF.R Sign, seal nd delivetred in the presence of: fitness S Kure , A.D. XX 2007 Signatur'_ poi Witness Sig PHYLLIS WALKER Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE Printed Name 9256 SE 62ND DRIVE,OKEECHOBEE,F Post Office Address 1 hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared MAURO TOVAR known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that HE executed the same, and an oath was not taken. (Check one:) ❑ Said person(s) is/are personally known to me. ❑ Said person(s) provided the following type of identification: PERSONALLY KNOWN NOTARY RUBBER STAMP SEAL ��• PNYWS C. WAINER Mn COMMISSION # IX) 720140 a EXPIRES: Ocbber 4, 2011 tit Bawled Nu FIa. Notuy Disc. Assoc. Co. Witness my hand and official seal in the County and State last aforesaid this /7 - day of DECEMBER. A.D. 192007 /64 --Cr—aritti Notary Signature Printed Name N . W . 9 t h D R I V E N. 8th STREET (P) (70' RIGHT -OF -WAY.) S89° 53' 23" E 1 42. 64' ( F N89° 54' 04" E 370. 34' (FJ 370' (P1 1 2 • 3 4 5 6 LEGEND RBF N. H. COP BLK 65 RBF - Rebar Found 1PF - Iron Pipe Found WM - Water Meter FH - Fire Hydrant PP - Power Pole C8 - Cable Box (F) - Field Measurement (CJ - Calculation CMF - Concrete Monument Found PPM - Permanent Reference Monument (P) - As per the plat of City of Okeechobee RBS - Rebar W /Cap Set NTS - Nail /Tab Set WV - Water Valve P8 - Power Box SP - Service Pole TB - Telephone Box (D1 - As per the deed NOTES: 1. Basis bearing - North line Block 66 extended 2. Bearings ASSUMED 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4. Description provided by Rafael Ayala 5. No Improvements were located on this property ADDRESS: 720 N. W. 9th Drive CERTIFIED TO: Rafael Ayala DESCRIPTION: Lots 11 through 15, Block 66, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. EEL- LS, RLS 2084 LELAND DYALS R. L. S. 2084 304 S. W. 3rd Ave., Okeechobee, Fla. PH0I'E 763-4909 FAX 763 -2500 Na REVIs,0AS SCALE: 1' - 40' COMPUTED sr. LOCATIO* LOte 11 thru 15, BIk 66. City of Okee 15/37/35 aBY MANN DAN LIBRARY NAME Winton/appoint/PM DATE BY SEAL P. a /pa : Co 94/t SURVEY FOB; RA FA EL A YA L A DATE: 12/05/07 JDS ND.: 7666 DAL@ 110. : INIEET1OF1 RBF a en v 142.5' 11 (P) RBS a 6 v 12 EL' 6 ,Q AREA -.801 ACRES 13 >., E Q 14 E. 15 RBFm opBF 589°59'16"E 16 142.23' (FI N89° 54' 04" E 370. 34' (FJ 370' (P1 1 2 • 3 4 5 6 LEGEND RBF N. H. COP BLK 65 RBF - Rebar Found 1PF - Iron Pipe Found WM - Water Meter FH - Fire Hydrant PP - Power Pole C8 - Cable Box (F) - Field Measurement (CJ - Calculation CMF - Concrete Monument Found PPM - Permanent Reference Monument (P) - As per the plat of City of Okeechobee RBS - Rebar W /Cap Set NTS - Nail /Tab Set WV - Water Valve P8 - Power Box SP - Service Pole TB - Telephone Box (D1 - As per the deed NOTES: 1. Basis bearing - North line Block 66 extended 2. Bearings ASSUMED 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4. Description provided by Rafael Ayala 5. No Improvements were located on this property ADDRESS: 720 N. W. 9th Drive CERTIFIED TO: Rafael Ayala DESCRIPTION: Lots 11 through 15, Block 66, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. EEL- LS, RLS 2084 LELAND DYALS R. L. S. 2084 304 S. W. 3rd Ave., Okeechobee, Fla. PH0I'E 763-4909 FAX 763 -2500 Na REVIs,0AS SCALE: 1' - 40' COMPUTED sr. LOCATIO* LOte 11 thru 15, BIk 66. City of Okee 15/37/35 aBY MANN DAN LIBRARY NAME Winton/appoint/PM DATE BY SEAL P. a /pa : Co 94/t SURVEY FOB; RA FA EL A YA L A DATE: 12/05/07 JDS ND.: 7666 DAL@ 110. : INIEET1OF1 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 -334 -3366 Fax: 239 - 334 -6384 Email: infoAlarue- planning.com LaRue Planning & Manaement Services, Inc. Staff Report — Special Exception Request Prepared for: City of Okeechobee Applicant: Rafael Ayala Petition No.: 08-001-SE Staff Report Special Exception Request Applicant's Name: Petition No. 08- 001 -SE General Information: Owner: Contact Person Owner Address: Rafael Ayala Same 720 NW 9th Drive Okeechobee, FL Owner Phone Number: 863 - 357 -1227 Legal Description of Subject Property: Lots 11 through 15, Block 66, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception for a migrant facility in the RMF Zoning District for the property located at 720 NW 9th Drive. Description of the Situation: Mr. Ayala (applicant) is planning to buy the subject property from the current owner, Mauro Tovar. The subject property is approximately 0.8 acres or about 34,912 square feet and is located on the southeast corner of NW 9th Drive at the intersection of NW 8th Street. There are two buildings on the property each containing three 2- bedroom apartments. There is also a structure being used as storage shed in the southeast corner of the property. The apartments have been used to house migrants for some time, but the property was just licensed by Okeechobee County and the State of Florida this past year. Because the owner failed to get the required special exception approval from the City to operate a migrant housing facility, Mr. Ayala is now seeking such approval. The property receives public utility services from OUA. There are single - family homes located about 250 feet or so to the north across NW 8th Street and the railroad tracks. The properties immediately to the east and south are vacant property, and the property to the west is occupied by a vehicle sales /repair operation. There is a similar use in the area which is located at 702 to 710 NW 9th Avenue. This is a legal migrant facility (County and State permitted) and the owner was granted approval of the special exception to allow the facility. Page -2- Staff Report Special Exception Request Applicant's Name: Petition No. 08-001-SE Consistency with Land Development Regulations: Before determining consistency with the Land Development Regulations, it is first necessary to define the term migrant facility as it pertains to this request. Because the current City Code contains no such definition, the definitions for "migrant labor camp" and "residential migrant housing," as defined by the State §381.008(5) and (8), F.S. and 64E- 14.002(9) and (13), are shown below to determine the proper description of the requested use: "Migrant labor camp" — One or more buildings, structures, or dormitories, and the land appertaining thereto, constructed, established, operated, or furnished as an incident of employment as living quarters for seasonal or migrant farmworkers whether or not rent is paid or reserved in connection with the use of occupancy of such premises. The term does not include a single family residence that is occupied by a single family." "Residential migrant housing" — A building, structure, mobile home, barracks, or dormitory, and any combination thereof on adjacent property which is under the same ownership, management, or control, and the land appertaining thereto, that is rented or reserved for occupancy by five or more seasonal or migrant farmworkers, except: ..." [Note, there are exceptions but they are not applicable in this instance.] Either one of the above definitions could describe to the Applicant's situation. After researching the criteria used by Okeechobee County to permit such a use, Staff discovered that while there are many issues involved in granting a permit for migrant housing, the County really only uses the following two criteria: 1. The applicant must employ 5 or more single men in agriculture; and 2. All private living quarters constructed, renovated, or used for sleeping purposes in migrant labor camps and residential migrant housing shall provide a minimum of 50 square feet for each occupant. In a room where workers cook, live and sleep a minimum of 100 square feet per person shall be provided. [64E- 14.004(3), F.A.C] Staff Report Applicant's Name: Special Exception Request Petition No. 08- 001 -SE Minimum Requirements Imposed by the City for Special Exceptions for Residential Migrant Housing Facilities In addition to meeting State and County regulations, the Applicant must also meet the special requirements for migrant housing facilities in the RMF zoning district as set forth in Sec. 90 -194. Following is a summary of the substance of these requirements: (1) The applicant must submit a site plan showing the floor plans, size and dimensions of all rooms, and list the maximum number of persons who may occupy each structure. The application must also include a copy of the State permit to operate a migrant housing facility. (2) The owner of the facility must submit an affidavit stating (a) that the facility will be inhabited only by individuals and their families who are migrant farm workers employed in active agricultural operations. (b) the name and location of the agricultural operation; and that the facility shall not be inhabited on a year -round basis, except for the caretaker and his family. (c) The facility shall not house a number of persons in excess of 10 units per acre. (d) No migrant facility may be located closer than one mile from any other licensed migrant facility, and not within 1,000 feet of any church or school. (e) The facility must meet all other regulations of the RMF zoning district. The Applicant has none of the required information, stating only that he acts crew leader and that he houses his workers on the site. Consistency with Findings Required for Granting a Special Exception: 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): Page -4- Staff Report Applicant's Name: Special Exception Request Petition No. 08- 001 -SE A. The use is not contrary to the Comprehensive Plan requirements. The migrant facility is not contrary to the requirements set forth in the Comprehensive Plan. The use meets the density and permitted use requirements set forth in Policy 2.1(b) for property located within the Multi - Family Future Land Use category. B. The use is specifically authorized as a special exception use in the zoning district. Section 90 -193 (11) specifically allows residential migrant housing facilities as a special exception use. C. The use will not have an adverse effect on the public interest. The property on which the residential structures are located is Tess than 250 feet from another licensed migrant facility located at 702 NW 9th Avenue. This is a violation of Section 90 -194, which requires that migrant housing facilties be at least one -mile apart. The separation requirement is to prevent concentrations of such facilities and the potential for such concentrations to inhibit the development of other desirable land uses in the area. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The proposed facility is not appropriate for this location as there is another facility located on the next block. As such, it could be detrimental to desirable development and urbanizing land use patterns if allowed to continue. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Violation of the required separation between migrant housing facilities could have an adverse affect on the property values and /or living conditions to the adjacent properties. Because the use is pre- existing landscaping and other site regulations required for the necessary operation of such a use have not been met. Thus, this can be construed as a potential deterrent to the development of adjacent properties. As we understand it, has been the subject of complaints in the past. Page -5- Staff Report Applicant's Name: Special Exception Request Petition No. 08- 001 -SE F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. This is a pre- existing, unapproved use and site requirements such as buffering, screening, landscaping, parking, and traffic impacts have not been evaluated. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. There will be no significant increase on the need for public services or facilities as a result of the continuation of the current use. Traffic generation would also not be expected to increase. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. There will be no change in impervious surface or drainage patterns or traffic patterns. Recommendation: Section 70- 373(d) states that the Board of Adjustment shall not grant a special exception use petition where there is an existing violation of the regulations. The proposed migrant facility is within one mile of an existing facility, and therefore its continued use as a migrant facility is in violation of Section 90- 194(5). Further, The Applicant has not provided the information or affidavits required under Sec. 90 -194. In light of these facts and the foregoing analysis and findings, Staff recommends that Petition No. 08- 001 -SE be denied and that the continued use of the property as a migrant housing facility cease. Submitted by: James G. LaRue, AICP Planning Consultant January 9, 2008 FLUM Property Appraiser's Aerial Photograph Zoning Map 1St Hearing Planning Board January 17, 2008 Staff Report Special Exception Request Applicant's Name: Petition No. 08-001-SE Okeechobee FLUM - Su ject Property 15 20 2 WV FOR RAILROAD 7 ROW FOR RAIL W TH STREET 3 7 1 S 43 2 1 3 14 15 15 17 18 14i 20 iw 7TH COURT 8 1 4 3 2 1 3 14 15 15 14 18 10 23 W. 7 TH STREET 8 7 5 5 ! 4 3 1 2 3 14 1§ 16 17 1 I w. 6 TH STREET 20 8 7 6 5 4 3 2 1 eNe't NW 8TKSTI 1 1 2 2 a t 3 3 Z 4 110 I 14 4 I 15 5 1 e 8 8 ! 18 a 10 10 , 10 X 10 13 12 -A114A 3 2 1 lisirieuEirgivnern 232420 28 1 1 110 8 7 6 5 4 3 1 COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY • COMMERCIAL Ile INDUSTRIAL PUBLIC FACILITIES 7 8 9 10 11 12 5 4 3 2 na Staff Report Special Exception Request Applicant's Name: Petition No. 08- 001 -SE Okeechobee County Property Appraiser Aerial - Subject Property ROW FOR RAILROAD ri4VEHIC SALES/ MIGRANT F ILITy Staff Report Special Exception Request Applicant's Name: Petition No. 08- 001 -SE Okeechobee Zoning Map - Subject Property 1112111415 16 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a Y L.CW1) c_ Cwt C- lc in the matter of 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 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. / `.� Swordto -and subscri d before me this {! •� day of „✓)Er -� "t 1f l � — A.D. 20v rj' Public, State of Florida at Large NOTICE OF CONSIDERATION OF PROPOSED SPECIAL EXCEPTION NOTICE: A PUBLIC HEARING alit be held before the CSy of Okeechobee Ptaw�na Board/Board of Adjustment and Appeals on Thursday, January 17, 2008 at 6:00 p.m. or as soon thereafter as possible. The meeting wN be held at Cay Ned, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Ronda To consider a Special Exception Petition No. 08 -002 -SE. This petition is being sub- mitted by Mark Brendeh, on behalf of property owner Big lake Eye Care, LL C. The • is to allow one dweldng unit per commercial building (Ref. Code Book 90. 283(17)) for property located at 606 North Parrott Avenue. Legal description: Lots 6 through 9 of Block 77, Cay of Okeechobee, according to, the Plat thereof, as recorded in Plat Book 1, Page 10, of the Public Records of Okeechobee Courtly, Florida. A copy M the entire application(s) and agenda are available in the General Services Office, Ron 101 at 'City Hall or by calling Betty Clement at (863) 763-3372 x 218, Please be advised that the Board of Adjustment and Appeals will serve as the de- cision making body (quasi-judicial), on behalf of the City, to approve or deny Spe- cial Exception Pebbons. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of Adjustments and Appeals with respect to any mat- ter considered at this meeting, or will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal Is to be based. General Services media is for the sate purpose of backup for official records of the depailmerd. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no later than two (2) wonksg days prior to the proceeding at 863.763 -3372 x 218; if you are hearing or voice Im- paired, cad TOD 1. 800 -222 -3448 (voice) Of 1 -B88- 447 -5620 (TTY). 131: Brian Whitehall, Zoning Administrator Petition No. 08- 002 -SE 254733 ON 1/2,11/08 Janetta Thiboult } Commission # DD505311 oil Expires January 10, 2010 I� pr F1-(9. Bonded Troy Fain insurance. Inc 800 - 3857019 City of Okeechobee General Services Department 55 S.E. . 3'1 Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763 -1686 Date: / / /7/O 7 ( PetitionNo.6 -CC, � _ � Fee Paid: „7? _ C 0 Jurisdiction: Contact person daytime phone(s): G�,51-e4-70 2.---- j l7' 5--6,79 fr Fax: -763 - 9/sy Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: yes 1st Nerving: I' 2nd Hearing: Existing zoning: e'i2Kf",ei&- 2'e,,,,4c...( ) Future Land Use classification: e© e,rete , c a ✓) Actions Requested: ( ) Re? me (Lcial Exception ( ) Variance Publication Dates: Notices Mailed: Uniform Land Use Application Rezone • Special Exception - Variance V Name of property owner(s): `&:` 4.,41 /1e- Y' e tr Z r 4-Le, A P L I C A N T Owner mailing address: E, 94 // ,.7, z„� ,4p' © � (off FL 3 / 7 ' Narne of applicants) if other than owner (state relationship): 1444,4 £4/ . ge44/467e-- — 6/C—' Applicant mailing address: Z-5-- �S- i((/• � / 5 /��,gsiJ�' �,��t�,•�t�.Fge-�---° -L r step._ Narne of contact person (state relationship): Awe 4.0 , /e xt/Qe- Contact person daytime phone(s): G�,51-e4-70 2.---- j l7' 5--6,79 fr Fax: -763 - 9/sy ✓ Property address / directions to property: ,e9,. ,,l/ Z',-,,--- ,r?/� Indicate current use of property: C'o/b'/il --, /Arc ,, f"ye cA, ('c /71 1/) P R 0 P E R T Y Describe improvements on property, including number /type of dwellings and whether occupied (irnone, so state): . 'ii d <57-,-.(4.- 6i-I,, Approximate number of acres: 4,55- Is property in a platted subdivision? V'S Is there a current or recent use of the property that isiwas a violation of county ordinance'? If so. describe: /C/4? Have there been any land use appliations concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: A/ "it Is a sale subject to this application being granted? do Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: yes Describe adjoining and uses / improvements to the North: r `Z (2I(V) South: �°viefoi eo2e t (L'//( ast: e7ile( t`44 exco West: c'eg trE e//1 C W Existing zoning: e'i2Kf",ei&- 2'e,,,,4c...( ) Future Land Use classification: e© e,rete , c a ✓) Actions Requested: ( ) Re? me (Lcial Exception ( ) Variance Parcel Identification Number: 3---(.5--- 37. -3. — /Q -- 7-7D -pU 4y 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 5500.00 a 30 days and may re sult in the summa denial of this application. ftftel( Printed Name Date 7 Uniform Land Use Application (rev i /03) Page 1 of 2 Uniform Land Use Application irev_ i(03) Page 2 of 2 Current zoning classification: Requested zoning classification : R E Z 0 N E What is your desired permitted use under the proposed classification: Provide specific LDR ordinance citation: 9P - "--g-3 ( i 7) If granted, will the new zone be contiguous with a like zone? Why would granting your request be in the best interest of the area and residents? Ar/4 Is a Special Exception necessary for your intended use? Variance? Uniform Land Use Application irev_ i(03) Page 2 of 2 Describe the Special Exception sought: 0"s`srJ G 44t1 G Z J )6 41,0/7— e) r/e-r ft ed6c 'ir 'i L e /.re_ er4.es _ S P E C I A L E X C E P T I O N Provide specific LDR ordinance citation: 9P - "--g-3 ( i 7) Are there other similar uses in the area? Is so, describe: GLyl1 /6tiDptide Why would granting your request be in the best interest of the area and residents? Ar/4 1i-business. briefly describe nature including number of employees_ hours, noise veneration and activities to be conducted Ontsi e of a building: N A Uniform Land Use Application irev_ i(03) Page 2 of 2 Describe Variance sought: V A R I A N C E Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application irev_ i(03) Page 2 of 2 ID 5 x 41, see, ,5 8122' 't,L1 b0 67 X TOP PVAR 0 10052 XTOP PVMT 101.82 EP C 701. 19 EP1.47 101.00 ".'1‹ 80.61' EP 1EP 00.94 10P0.24 X TOP PVMT 100.15 EP 101.63 CBS 2 9' 28.7 99.78 WAL£ 2� 1 CL S 9.47 1 7 ► L 5V.4LE 42.0 55 i 3° 100.96 x CBS 1 1 8 C 97 " p CL 98 W.ILE1 2 ° 111 1 zito n 5 xj0 5 42.07' Li o" 101.27 101.47 EP C 101.37 EP N89'56 39"W �425Q 44 u .7511 708 29.( 2I8.2'� TOBCTOB ■ 100.27 <P TM 551;11 "' .3 x 29 5- x 10 12" CUP 8 HELL DRIVE BIG LAKE EYECARE FOR CHARLES BARTELS LOCATED IN CITY OF OKEECHOBEE, FLORIDA COMMERCIAL AND SINGLE FAMILY EXPANSION VARIANCE EXHIBIT SCALE VEWFICAIIDN TO 011e INCH OM a, naa,aaraanwar.ex..,aaroom..vo,.. v .n,a,.,1,...w.o ..T ...o.. OlIMENSIO DATF VIPOIMIA CICOMILSCIO vecour Rudd Jones, P.E. & Associates, P.A. Consulting Engineers N.W, Park Street, Suite 204 Okeechobee, F134972 Phone: ($63)487-0076 now. CMS.* 1,411031M.1 03.307 December 10, 2007 TO: Okeechobee City Planning Board RE: Special Exception Application Responses To Whom It May Concern, Item 2. Owner's interest in this property is 100 %. Item 9. This Special Exception is being requested for a single dwelling unit above a commercial business as allowed by code. Item 10. This single dwelling unit will be used by the owners at their discretion. -10.00 DSO -13 (0s. 0D Retum to: .874881 Instrument Prepared By CHRISTOPHER P. KELLEY, Esquire 11098 Biscayne Boulevard, Suite 205 Miami, Florida 33161 Grantee's Tax ID No. Folio # 3- 15- 37 -35- 0010 - 00770 -0060 '29482 2 .:: 0:151 h1'LEO FOR RECORC OKEECHOBEE COUNTY. I L 2002 AUG -2 AM 11: 29 SHARON ROBERTSON CLERK OF CIRCUIT COURT $ Documentaty SStamps paid in the amount of Class C Intangible Tax paid in the amount ofS --- 0-- Sharon Robertson, Clerk of Circuit Court County, WARRANTY DEED By • - Date: R /24002- THIS INDENTURE, Made this 3 / "day of 74 fr 2002, Between MILLER MACHINERY AND SUPPLY COMPANY, a Florida corporation, GRANTOR, and BIG LAKE EYE CARE, L.L.C., a Florida limited liability company, whose post office address is 1540 S.E. 40 Avenue. Okeechobee. FL 34974, GRANTEES, ANZ , D.C. WITNESSETH, That said GRANTOR, for and in consideration of the sum of Ten and 00/100 Dollars, and other good and valuable considerations to said GRANTOR in hand paid by said GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE, and GRANTEE's successors and assigns forever, the following described land, situate, lying and being in MIAMI -DADE County, Florida to-wit Lots 6,7, 8, and 9, Block 77, OKEECHOBEE, according to the Plat thereof, as recorded in Plat Book 2, Page 17, of the Public Records of St. Lucie County, Florida, and in Plat Book 1, Page 10, of the Public Records of Okeechobee County, Florida SUBJECT TO: Applicable zoning and /or restrictions and prohibitions imposed by govemmental authority Conditions, Restrictions limitations, reservations, easements, and other matters appearing on records, if any; Utility easements of record, taxes for the year 2002 and subsequent years. and said GRANTOR does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name and its corporate seal to be affixed by its proper officer thereunto duly authorized, the day and year first above written. Signed, sealed, and delivered in our presence: MILLER MACHINERY AND SU a Florida orporation Witness ess N e i Print STATE OF FLORIDA COUNTY OF MIAMI -DADE ) R. W. DECKER' Address: • 127 N.E. 27 Street Miami, FL 33137 • I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared R. W. DEC$CER, as President of MILLER MACHINERY AND SUPPLY COMPANY, who produced ern-A. a •._. as identification, and who executed the foregoing instrument and he acknowledged executing the same freely and voluntarily, under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. Witness my hand and official seal in the County and State last aforesaid this 3 / day of J4 (.7 2002. My Commission Expires: Ale NoAAARY PUBLIC, Sta o FLORIDA at Large 44�* chdskpherPKWly * My Communion CCO26041 ;+ vtr Expires May 21. 2004 December 10, 2007 City of Okeechobee Planning Board RE: Letter of Consent To Whom It May Concern, By my signature below, I give my consent for Mark W. Brandel to act on my behalf as regards the Special Exception Request Application for our property located at 606 N. Parrott Avenue. Dr, Charles Bartels Big Lake Eye Care, LL 606 N. Parrott Avenue Okeechobee, FL 34972 i`;•.. P. °Y.t, MARGARET E. BOWERS • * MY COMMISSION # DD 328960 EXPIRES: June 14, 2008 d "�teoF F.0�\ Bailed Thru Budget Notary Services i0°a 1 i 1F19.C111 MOO. O. MOM RONS PORI 01. MT POI - SOWN CM OAS LOT 5 142.50' P S8P56'13 -E 142,64' M T =motor .32-7 V21111 • ROSII LOT 8 a a LOT 6 LOT 7 sq LOT 9 PRIPPCI 1.01 42 OT SINC11212 1•242. CEI.E.W. WOK 11. 02.117r- 10131 MOICSTS L. ra ' aw:\ 8 MT bra O »e. 0 85 LOT 3 20' ALLEY BLOCK 77 OKEECHOBEE PLAT BOOK 5, PAGE 5 OKEECHOBEE COUNTY, FLORIDA 9.56'39^N 0016!O( 96°° 142.62' u 14250_ P w.r PPE asu wwcc ..q LOT 10 ROOK te .- .r • » SIR v » PRY SORT 0w. » 1 $la et I mop— _�J —_— OTICI NE 6TH STREET 4011.20.2 11.0/1. SULT1 ,/ 8' Boundary Survey and Topographical Survey of a parcel of and lying in Section '16, Township 37 S., Range 35 E. Tallahassee Meridian Okeechobee County, Florida PREPARED FOR: CHARLES BARTELS DESCRIPTION Lots 6.7,8, and 9, Block 77, OKEECHOBEE. according to the plot thereof recorded ,n Plot Book 5, Page 5, Public Records of Okeechobee County, Florida. SURVEYORS NOTES Subject to easements and restrictions of record. Lands described hereon not obstocted by this office. Underground utilities and foundations, i1 any, ore not shown. The description shown hereon was provided by the client and /or his /her agent. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper The surveyor did not interview adjoining land owners for unrecorded deeds or easements. Elevotions shown, if any, are based upon assumed datum. LLI Lands shown hereon are located in Flood Zone C, according to FIRM panel no. 120177 02008, dated 2 -4 -81. z w Property address: 606 NORTH PARROTT AVENUE, OKEECHOBEE, FL SURVEYORS CERTIFICATE I hereby certify that the attached sketch of survey of the hereon described property is true and correct to the best of my knowledge 13 ono belief as surveyed in the field under my direct supervision. Z Subject to the qualifications noted hereon. COOR DM. MACE LPIR REVISED 8- 10 -04: ADDED SEWER SERVICE DATA REVISED 8 -5 -04: ASBUILT SURVEY FIB 111/38 AT7 James R. Almond, PSM Professionol Surveyor— Mapper Florida Registration No. LS5081 Drown By: ATT LAST FIELD SURVEY DATE: AUGUST 10, 2004 JAMES R. ALMOND PSM PROFESSIONAL I AND SURVEYOR — MAPPER — L10NSULTANT I I / \ 2973 SW 3RD TERRACE ���� (863) 467-5700 FAX: (863) 467-612 II OKEECHOBEE. FLORIDA 34974 -2684 !UI w O1"'a» "� "L0°"°1 c«. EMAIL: almondOokeechobee.com • PROJECT NUMBER Field Book 104/2,3,5 Data file 3397.RW5 SHEET 3 3 9 7 SCALE 1' = 20' Refer to Stornet file /s 1 01 'I 1 L COPYRIGHT. 2004 okee.d at 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239- 334 -6384 Email: info @Iarue- planning.com LaRue Planning & Manaement Services Inc. Staff Report - Special Exception Request Prepared for : City of Okeechobee Applicant: Big Lake Eye Care, LLC Petition No.: 08-002-SE Staff Report Special Exception Request Applicant's Name: Big Lake Eye Care, LLC Petition No. 08- 001 -SE General Information: Owner: Contact Person Owner Address: Contact Phone: Big Lake Eye Care, LLC Mark Brandel 606 N. Parrott Avenue Okeechobee, FL 34972 863 - 634 -7021, 763 -6796 FAX: 863 - 763 -9154 Le ' al Description of Subject Property: LOTS 6, 7, 8, AND 9, BLOCK 77, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND IN PLAT BOOK 1, PAGE 10, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA SUBJECT TO: APPLICABLE ZONING AND /OR RESTRICTIONS AND PROHIBITIONS IMPOSED BY GOVERNMENTAL AUTHORITY; CONDITIONS, RESTRICTIONS LIMITATIONS, RESERVATIONS, EASEMENTS, AND OTHER MATTERS APPEARING ON RECORDS, IF ANY, UTILITY EASEMENTS OF RECORD, TAXES FOR THE YEAR 2002 AND SUBSEQUENT YEARS. Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception for a single dwelling unit to be con- structed above an existing commercial business located in the CHV Zoning District. The property is located at 606 N. Parrott Avenue. Description of the Situation: The subject property is approximately 0.655 acres or about 28,500 square feet and is located on the southeast corner of the intersection of Parrott Avenue (Hwy. 441) and NE 6th Street. The property is developed with a single -story commercial structure housing the Big Lake Eye Care facility. The business has been operating since 2003. The owner wants to add a dwelling unit above the business to be used "by the owners at their discretion." The property has public utility services. Staff Report Applicant's Name: Big Lake Eye Care, LLC Special Exception Request Petition No. 08- 001 -SE The surrounding properties are all classified as Commercial on the Future Land Use Map and zoned CHV. The property to the north contains a retail shop; to the east are a repair facility and a single - family home. The property to the south is occupied by the Big Lake National Bank and a motel is located to the west across Hwy. 441. Consistency with Land Development Re: ulations: 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): A. The use is not contrary to the Comprehensive Plan requirements. While residential uses are not mentioned as a permitted use in the Commercial Future Land Use category, the Plan is silent and does not prohibit an accessory residential use. Traditionally, the City has long allowed one residential use above a commercial business. In fact, to encourage such limited mixed use, Ord. 962 removed the previous restric- tion limiting the residential unit to not more than two bedrooms and 800 square feet. As such, this request not considered contrary to the intent or requirements set forth in the Comprehensive Plan. B. The use is specifically authorized as a special exception use in the zoning district. Yes, Section 90 -283 (17) allows one dwelling unit per commercial building, C. The use will not have an adverse effect on the public interest. The proposed residential use will not have an adverse on the public interest. The applicant is proposing that the business owners will be principal users of the unit. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Yes, the proposed unit is appropriate for this location and one dwelling unit at this location will not be detrimental to existing land uses or the development urban pattern. Staff Report Applicant's Name: Big Lake Eye Care, LLC Special Exception Request Petition No. 08- 001 -SE E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. One dwelling unit above the ground floor commercial use will have no adverse effect on the property values and /or living conditions on adjacent properties and will not deter future development of nearby properties. F The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. No buffering or screening is expected to be necessary. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. There will be no significant increase in the need for public services or facilities as the result of adding one dwelling unit to this property. Traffic generation will be minimal. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. There will be no change in impervious surface or drainage patterns and no significant increase in traffic patterns. Recommendation: Based upon the foregoing analysis and findings, Staff recommends that Petition No. 08- 002 -SE be approved. Submitted by: James G. LaRue, AICP Planning Consultant January 9, 2008 Future Land Use Map Zoning Map Property Appraiser's Aerial Photograph 1ST Hearing — Planning Board January 17, 2008 Page -4- Staff Report Applicant's Name: Big Lake Eye Care, LLC Special Exception Request Petition No. 08- 001 -SE Okeechobee Future Land Use Map -- Subject Property 111111111 MEI 11111111111110111111111111 S T TN ST MT COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES Staff Report Special Exception Request Applicant's Name: Big Lake Eye Care, LLC Petition No. 08-001-SE City of Okeechobee Zoning Map - Subject Property 15 5 ZI 15 i6 16 17 7 1? i 13 r b 1E 8 19 9 19. 9 m N.E. TH STREET 1: TH STREET CH N. i 5♦ 3 2 1 6 5 4 2 2 1 #1 w F% 4 4 4 Staff Report Special Exception Request Applicant's Name: Big Lake Eye Care, LLC Petition No. 08-001-SE Okeechobee County Property Appraiser Aerial — Subject Property FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MID LE NAME k-'La k-w-e t u ► � R i dtc to NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR C MMITTEE CoL2- Pc�G.A Ci-{ PlciAni a � MAILING ADDRESS r� 1-141-14-' /j ANA) - \ �-� W THE A D, COUNCIL, COMMISSION, MINORITY OR CO MITTEE ON WH H I SERVE IS A UNIT OF: CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY QL2 l_J--J }_ „`� �� �J(_, NAME ICAI�SUQQI)/ISI aO �I U CL•T ` DATE ON WHICH VOTE OCCURRED tit-1104 MY POSITIO S: ❑ ELECTIVE _APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, LA V\ M�k(.�r� , hereby disclose that on f 11 , 2006 : (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of ?jt, Late FLeiv Caro- by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: I -2 / 613) Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of ' i ee b{ 06(1 tcde cothio`l 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 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. % �� � -il,r� 4 -l'r�� Sworn` rids bed before me this tt day of 411 .4.61421 N. ary Public, State of Florida at Large ''� Zi A.D. 20 el NOTICE OF CONSIDERATION OF PROPOSED SPECIAL EXCEPTION NOTICE: A PUBLIC HEARING will be held before the City of Okeechobee Planning Board/Board of Adjustment and Appeals an Thursday, January 17, 2008 a16:00 p.m. or as soon thereafter as possible. The meeting will be held at City Hall 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Florida To consider a Special Exception Petition No. 08- 003 -SE. This petition is being sub- mitted by Kelly Kite, Jr., on behalf of property owner Okeechobee SR 70 Holdings, LLC. The petition is to allow added height over 45 feet to the stairwells of a four story hotel boated within a Heavy Commercial Zoning District (Ref. Code Book Section 90 -285) for property located at 1108 East South Park Street (State Road 70 East). Legal description: Being a parcel of land Tying in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida and being more particularly de- scribed as follows: Commencing at the intersection of the centerline of S.R. 70 (as shown on FOOT Right-of -Way Map for S.R. 70 Okeechobee County Section 91070-2514, dated DWN =3 -76) with Easterly boundary of Government Lot 2 ex- tended, thence South 00 degrees 14 feet 21 inches East, along said Easterly boundary of Government Lot 2 extended, a distance of 44.5 feet to a point; thence South 89 degrees 54 feet 49 inches West, along the Southerly Right-of -Way of S.R. 70 a distance of 125.00 feel to the point of- beginning; thence South 00 de- grees 14 feet 21 inches East, a distance of 690.53 feet; thence North 89 degrees 54 feet 49 inches East, a distance of 100.00 feet to a point lying on the Westerly Right-of -Way line of Southeast 13th Avenue; thence South 00 degrees 14 feet 21 inches East a distance of 230.05 feet to the point of intersection of the Westedy Right -of -Way line of Southeast 13th Avenue and the Hopkins Meander Line; - thence North 71 degrees 49 feet 20 inches West, a distance of 424.14 feet; thence North 00 degrees 03 feet 47 inches West, a distance of 787.65 feet to a paint lying on the Southerly Right -of -Way line of S.R. 70; thence North 89 de- grees 54 feet 49 inches East, along said Southerly Right-of -Way line of SR. 70, a distance of 300.00 feet to the point of beginning A copy of the entire applications) and agenda are available in the General Services Office, Rm 101. at City Hall or by calling Betty Clement at (863) 763 -3372 x 218. Please be advised that the Board of Adjustment and Appeals will serve as the de- - cision making body (quasi - judicial), on belied of the City, to approve or deny Spe- cial Exception Petitions. PLEASE TAKE NOTICE AND BE ADVISED that it any person desires to appeal any decision made by the Board of Adjustments and Appeals with respect to any mat- ter considered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media is for the sole purpose of backup for official records of the department. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with'disabil ties needing special accommodation to participate in this proceeding should contact Betty Clement, no later than two (2) working days prior to the proceeding at 863- 763 -3372 x 218; if you are hearing or voice im- paired, call TDD 1 -800- 222 -3448 (voice) or 1- 888 - 447 -5620 (TTY). BY: Brian Whitehall, Zoning Administrator Petition No. 08- 003 -SE 254727 ON 1(2,11(08 Janetta Thiboult Commission # DD505311 ,o" Expires January 10, 2010 0.0." Bonded Troy Fain Insurance. Inc 800 -385 -7019 Master Land Development Application and Checklist: Rezone — Special Exceptitm -- Variance City of Okeechobee General Services Department 55 S.E.. 3 Avenue, Room 101 Okeechobee., Florida 39974-2903 ' Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 111 Name of perty owner(s): Date: A g. 6 Petition No. -003 -5.6 Fee Paid: 1 / a 00 Jurisdiction: rtHearing: i I -7 A 0 T'd Hearing: ' ' ' u- 0 Publication Dates: . x Okeechobee SR 70 Holdings, LLC Owner maning,address: 3055 Cardinal Drive, Vero Beach, FL 32963 3 Name of applicant(s) if other than owner N/A 4 Applicant mailing address: N/A , 5 Name of contact person (state relationship): Kelly Kite, Jr., Vice President ... 6 'Contact person daytime phone(s): 772/231-9333 1111 Property a. — • rectionitoprope b 1108 Highway 70 E, Okeechobee, FL 34972 8 Describe currentuse of property: Vacant and Single Family Residential ,- ..,......,„ _ , .. ,...._ 10 Describe improvements imrproperty (number/type buildings, dwelling units , occupied or vacant, etc.): Single-family residence and stable , --I Approx. acreage: 6.27 Is property in a platted subdivision? ( ) Yes (X ) No 1 t.=.,:k. li=47 ,r.ar" •el, ' ia. 11 Is there a use on the property that If, yes, describe the use and violation: is or was in violation of a city or county ordinance? ( X ) No; ( ) Yes 12 Have there'been-any land development applications submitted in the past year that involve ariypart of the property? (X )No ( )Yes If yes, provide date, name of applicant, and brief description a the nature of the application: 13 Is a pending sale of the property subject to this application being granted? C_....J Yes GC ) No lit Do you own any tither lands adjacent to the subject property? ( X J No (_ _) Yes If" describe the current and intended uses: ,. --.,..,,..", ,Ii...-) ,. .. -. . . , Describe uses on adjoining property to the North: Undeveloped along SR 70 South: Single-family 0 East Commercial/Single-family west. Commercial (USPS) 16 ---t 17 Existing zoning: CHV Future Land Llse classification Commercial , Request is for: C._J Rezone (X) Special Exception i ) Variance 18 Parcel identification Number 2-22-37-35-0A00-00004-0000-HX Master Land Development Application and Checklist: Rezone — Special Exception - Variance (Rev. 12/07) (below for office use only) {" „.3'i `,EST q• °,�, a �z �z�- ° gas?w!;, 5 ;.:L � :y a. 19 Applicant's statement of interest in property ...- 20 Last recorded warranty deeds r _ 21 Notarized letter of consent from property owner (if applicant is different from property owner) Property survey (one copy 11” x 17" and two copies 24" x 36 ") containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number 22 b. Legal description c_ Computation of total acreage to nearest tenth of =acre • 4 }` s , , 5 `� „ ElList of surrounding property owners with addresses and location sketch of the subject property. See the Information 11;e• uest Form from the Okeechobee Pr. A praiser's Office attached 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Nonrefundable application fee: e zo..ine :85yx00t ; Sp Excetion8250; Variance :$250; all plus $30 l acre. }ecial , ma at .f ,, 4Y 0.� e:'4tRSr 8i 26 I hereby application information result • .., certify that the information in this application is correct The information included in this is for use by the City of Okeechobee in processing my request. False or misleading may be punishable by a fine of up to $500.00 and imprisonment of-up to 30 days and may a summary denial of this application. A ' Kelly Kite, Jr. December 17, 2007 PARE Printed Name Date For questions relating to this application packet, call the General Services. Dept. at (863) 763 -3372, ext. 218 December 17, 2007 047833002 Via Federal Express 863/763 -3372 City of Okeechobee Ms. Betty Clement General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, FL 34974 RE: Okeechobee SR70 Holdings, LLC Statement of Interest in Property Dear Ms. Clement: The SR70 corridor within the City of Okeechobee limits is continuing to develop into a commercial node. As the applicant and owner of Parcel ID #2- 22- 37- 35 -0A00- 00004 - 0000 -11X, I am interested in developing this property as a mixed use commercial project to address the needs of the community and to provide additional hotel rooms within the city limits. Additional outparcels will provide convenient access to services (banking, restaurant and retail) for hotel guests and surrounding city residents. Sincerely, Okeechobee SR70 Holdings, LLC a Florida limited liability company By: Kite Okeechobee SR70 Holdings, LLC a Florida limited liability company, its managing member By: President 9 ' OU j -SE_ c Application (Rev. 12/07) STANDARDS FOR GRANTING :A:SPECIAL EXCEPTION (Sec. 70- 373(b), in the Land Development Regulations) 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. Please see attached for responses. 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 co si%lrle the adjacent us and the neighborhood, or explain why no specific design efforts are needed. , 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- tnipact 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 serviee requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. For questions relating to this application packet, call the General Services Dept. at (863) -763 -3372, Ext. 218 Page of 2 f/// /O'i A ' � p �jrLq � stor�r hptol. Our stair to the roof as well Describe the Special Exception sought: We are d sig a four story certai architectural a el ishments exceed tie of height restriction. We are asking for special to th ei %t restriction for those previous mentioned items d9nly. All habitable space is under tne neigh restriction. AM there there similar n mote area l C s 'x fix' tletccttie them; Ax .� E If a business, briefly describe the mature of the buaa,ess, ittunber of employees, itbtrs of ail. 011i. and°att activities to be conducted outside of a building: The business that will be operated in the building will-be a hotel business, operated under the franchise of Hampton Inn, which is a Hilton Hotels brand. The hotel wiIl h ve approximately 20 employees and will be continually in use (24 hours/day, 7days /wee Peak frame hours win genera b from 6:00 AM to 9:00 AM nd 6;00 PM to 9:00 PM Activities outside the building will consist oferegular maintenance of the building, parking of and landscape. c) P -Mr,� 4---. D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the Special Exception sought will generate 10 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in, the Institute of Transportation Engineers most recent edition ofTtipGeneration. See Attached f " %qd 7 x E Attachment addressing the standards and required findings for a special exception as described below: d 1' ✓ " STANDARDS FOR GRANTING :A:SPECIAL EXCEPTION (Sec. 70- 373(b), in the Land Development Regulations) 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. Please see attached for responses. 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 co si%lrle the adjacent us and the neighborhood, or explain why no specific design efforts are needed. , 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- tnipact 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 serviee requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. For questions relating to this application packet, call the General Services Dept. at (863) -763 -3372, Ext. 218 Page of 2 ❑ = � Kimley -Horn and Associates, Inc. Standards for Granting a Special Exception 1. Demonstrate that the proposed location and site are appropriate for the use. The SR70 corridor within the City of Okeechobee is continuing to develop into a commercial node. This location is very suitable for the proposed hotel use as SR70 is a principal arterial that supports a significant portion of City thoroughfare traffic. The proposed hotel building has architectural features at each end and at the center to enhance the building's visual aesthetic. Although these features bring the roof height over the 45 -foot restriction in the CHV zoning district, the effect of these features enhance the building's curb appeal. 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 site is properly zoned for the proposed building use (hotel.) We have located the hotel for proper functionality as well as being sensitive to the adjacent sites. We have tried to maintain architectural elements that are compatible with the local vernacular. This would include pitched roofs on some areas of the building and stucco finishes. Visibility for the hotel is important and one reason we needed a four story structure. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. A masonry wall, in addition to perimeter landscaping, is planned for buffering the single family residences along the east property line. The perimeter landscape will consist of sable palm and live oak trees. The sable palms will be planted in groups and the live oaks separated. As these plants grow in the perimeter of the site will have a substantial visual barrier. Sable palms in the 15' -20' range are proposed along the hotel's foundation. These trees will buffer the height of the hotel by providing a depth dimension to the exterior walls. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems, or public nuisances generated by the use or explain how the nature of the use creates no potential problem. The hotel does not create any potential hazards or public nuisance. We feel that the design enhances the surrounding area. G: \47833002 \WP\Applications \City of Okeechobee \Standards for Granting a Special Exception.doc ❑ INN � Kimley -Horn INE and Associates, Inc. 5. Demonstrate how the utilities and other services of the use can be met. Per the Okeechobee Utility Authority a sufficient excess capacity of potable water and wastewater treatment is available for the proposed use and intensity. The intensity of this development does not increase with this height related special exception. The number of hotel rooms proposed for the rezoning application remains at 85. 6. Demonstrate how the impact of traffic generated will be handled off site and on site. The traffic impact analysis prepared for the recent zoning change request indicates that the proposed use will not reduce the level of service on the affected roadways. As stated above, the intensity of this development does not increase with this height related special exception. G: \47833002 \WP\Applications \City of Okeechobee \Standards for Granting a Special Exception.doc 6g-o05-s& Special Exception-Specific Application and Checklist (Rev. 12/01) FINDINGS REQUIRED FOR • d'RANIING A SPECIAL EXCEPTION (Sec. 7o-373(o , in the Land Development Regulations) It is the Applicant's responsibility to convince the Board of Adjustment that approval of the ploposed 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 findthat: Please see attached for responses. 1. The use is not contrary tt thet.Comprehensive Plan requirements. 2„. The use is specifically authorzedas a special exception use in the zoning district, 3. wLli not haNc tge afterse ef$VILOn the public infaingit. * The use is appropriate for the proposed location is compatible with adjacent wes and is not detrimental to urbanizing land use patterns. 5. Thense will not adversely affeet„property values or living condidnna, nor be a dolman to. thi tkiteltspment of adjacent property 6. Tbe use may be required reened from surrounding uses to reduce t of any nuisance or hazard to adjacent uses. 7. The use vvill not-eteatek density pattern that will overburden public facilities such as schools, streets, and utility services. 8. 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: 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)) For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 2 of 2 ❑ � � Kimley -Horn and Associates, Inc. Findings Required for Granting a Special Exception 1. The use is not contrary to comprehensive plan requirements. The proposed use, hotel, is not contrary to the commercial land use designation recently approved by a small scale comprehensive plan amendment. The special exception request for a building roof height greater than 45 feet does not affect the intensity of use as the room count remains at 85 rooms and the additional building height over 45 feet is non - habitable space. 2. The use is specifically authorized as a special exception use in the zoning district. The City of Okeechobee Land Development Code, section 90 -285, specifically states that in the site's zoning district, CHV, the building height restriction is 45 feet unless a special exception is granted. 3. The use would not have an adverse effect on a public interest. The special exception will not have an adverse effect on the public interest because of the following reasons: a. 90% of our building height is under the height restriction which includes all habitable space. b. We have a stair to the roof which exceeds the height restriction. This stair will extend a stair pipe through the roof area and will provide increased protection of the general public as well as firefighters having to get access to the roof. c. The additional items that extend above the height restriction provide aesthetic value to the overall building design and without such architectural features, the design would not appear as aesthetically pleasing and actually could have an adverse effect. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent uses, and is not contrary or detrimental urbanizing land use patterns. The SR70 corridor within the City of Okeechobee is continuing to develop into a commercial node. This location is very suitable for the proposed hotel use as SR70 is a principal arterial that supports a significant portion of City thoroughfare traffic. Compatible uses and zoning districts presently exist on three (3) sides of the site. Along the north side of SR70 the zoning is CHV. A full service US Post Office operates adjacent to and west of the site. A convenience store and equipment repair operation are adjacent and east of the site for approximately 400 feet south of the SR70 south right -of -way. The G: \47833002 \WP\Applications \City of Okeechobee\Findings for Granting a Special Exception.doc ❑ � � Kimley -Horn and Associates, Inc. balance of the east property line borders single- family residences and SE 13th Avenue and the south property line also borders single- family residences. The proposed site plan locates all the stormwater management retention facility in the south portion of the site providing a large buffer between the proposed hotel use and the adjacent residential uses. The increase in height above 45 feet occurs along approximately 20% of the building and provides an architectural feature and no additional habitable space. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of the adjacent property. The affect of the proposed use on the properties adjacent along the north west and east property boundaries will be to increase property values and promote improvement and development since these properties are of a similar use and are either presently undeveloped or of a lesser quality development. No adverse impact will occur to the single- family development to the south and southeast since the proposed uses will be effectively buffered along the project site perimeter. The intensity of the use remains the same and the additional height is limited to only a 20% portion of the building's roof. 6. The use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. As stated above the only non - similar uses bordering the property occur along the south and south third of the east property boundaries. The proposed stormwater retention facility will provide a wide buffer to the south. Also, the project will have a minimum 10 -foot wide landscape buffer along its entire perimeter. The location of the hotel is along the west property line and is as far from the residential uses as possible. No nuisance or hazard to the neighborhood would result by this request for a height increase. 7. The use will not create a density pattern that would overburden public facilities such as schools, streets and utility services. The density pattern has already been established in the area surrounding the site and the site is the only remaining property south along the SR70 that is not yet consistent with the established density pattern. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The traffic impact analysis prepared for the recently approved zoning change indicates that the proposed use will not reduce the level of service on the affected roadways. In the course of the development approval it will be necessary that a stormwater management system be designed to G: \47833002 \WP\Applications \City of Okeechobee\Findings for Granting a Special Exception.doc ME I1Kimley -Horn and Associates, Inc. meet standards developed by the oversight agencies to address flooding and drainage. Management systems designed to these standards will result in lower potential for off -site flooding and drainage impacts. No negative affects on public safety will occur as a result of the proposed height related special exception . G: \47833002 \WP\Applications \City of Okeechobee\Findings for Granting a Special Exception.doc DESCRIPTION OF PARCEL AS DETERMINED BY THIS SURVEY: BEING A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKELECIiOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF S.R. 70 (AS SHOWN ON FDOT RIGHT-OF-WAY MAP FOR S.R. 70 OKBECBOBEE COUNTY SECTION 91070 -2514, DATED DWN =3 -76) WITH EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED; THENCE SOUTH 00°14'21" EAST, ALONG 'SAID EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED, A DISTANCE OF 44.5•FFEI51'•TO A POINT; THENCE SOUTH 89 °54149" WEST, ALONG THE SOUTHERLY RIGHT -OF -WAY OF S.R. 70 A DISTANCE OF 125.00 }'Ek '1 TO THE POINT OF DISTANCE OF 690.53 100.00 FEET TO A PO S.E. 13TH AVENUE; THEN FEET TO THE POINT OF LINE OF S.E. 13TH A NORTH 71 °49'20" WEST, A DES 00 °03'47" WEST, A DIST SOUTHERLY RIGHT-OF-WA EAST, ALONG SAID SOUTHERLY RI DISTANCE OF 300.00 FEET TO G; THENCE SOUTH 00 °1471" EAST, A CB NORTH 89 °54'49" EAST, A DISTANCE OF N THE WESTERLY RIGHT-OF-WAY LINE OF 00°1471" EAST A DISTANCE OF 230.05 ON OF THE WESTERLY RIGH -OF WAY HOPKINS MEANDER LINE; THENCE 424.14 FEET; THENCE NORTH TO A POINT LYING ON THE . 70; THENCE NORTH 89 °54'49" WAY LINE OFS.IL70,A BEGINNING Book634 /Page651 CFN #2007009267 Page 2 of 2 Prepared By and Retum to John D_ Cassels, Jr. Esq. Cassels & McCall P.O. Box 968 Okeechobee, Florida 34973 Parcel ID Number:2- 22- 37- 35 -0A00- 00004-0000 111111111111111111111111111111111111111111 FILE NUM 2007009267 OR BK 00634 PG 0650 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 07/02/2007 11:48201 Ail RECORDING FEES 18.50 DEED DOC 11,200.00 RECORDED BY tl Pinon P9s 0650 - 6518 (2v9s) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this day of June, 2007, between JOSEPH G. ARBOGAST, as the Donee of that Durable Power of Attorney dated April 16 1999 which was executed by KEITII LEE ARBOGAST, SR and recorded in Official Records Book 490, Page 738 of the Public Records of Okeechobee County, Florida and as Attorney -in -Fact for KEITH LEE ARBOGAST, SR, of Post Office Box 201, Okeechobee, Flotida 34973, GRANTOR, and OKEECHOBEE SR70 HOLDINGS, LLC., a Florida Limited Liability Company, of 3055 Cardinal Drive, Suite 300, Vero Beach, FL 32963 -1687, GRANTEE; WITNESS ETH, that said Grantor, for and in consideration of the sum of TEN (S10.00) DOLIARS, and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's successors and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to-wit AND the Gran simple; that the Grantor has warrants the title to said land an DESCRIPTION ATTACHED AS EXHIBIT "A ". enants with said Grantee that the Grantor is lawfully seized of said land in fee awful authority to sell and convey said land; that the Grantor hereby fully the same against the lawful claims of all persons whomsoever. IN WITNESS WHE written. hereunto set Grantors' hand and seal the day and year first above Signed, sealed and delivered in presence of: JOSEPH G. ARBOGAST, as the Donee of that Durable Power of Attorney dated April 16,1999 which was executed by KEITH LEE ARBOGAST, SR. and ecorded in Official Records Book 490, Page 738 of the lie Records of Okeechobee County, Florida and as Attorney -in -Fact for KEITH LEE ARBOGAST, SR. tness Print N 'mess Print Name: STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE OSE' H G. ARBOGAS , as the Donne The foregoing instrument was acknowledged before me this a? day of June, 2007, by JOSEPH G. ARBOGAST, as the Donee of that Durable Power of Attorney dated April 16 1999 which was executed by KEITH LEE ARBOGAST, SR. and recorded in Official Records Book490, Page 738 of the Public Records of Okeechobee County, Florida and as Attorney -in -Fact for KEITH LEE ARBOGAST, SR., p( who is personally known to me or 0 who has produced as identification. Signature of Notary Public -rah„ - . -. YY1 -i S Printed name of Notary My commission expires: \)t, a01 14168 - 73118. WPD] .0p, D. 11Jlij • N Notary Public Buncombe County y y //; '7 CAR ; Book634 /Page650 CFN #2007009267 Page 1 of 2 ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec. 90 -453. Exclusions from height limits. In any nonresidential district, the height limitations do not apply to spires, belfries, cupolas, water tanks, ventilators, chimneys or other appurtenances; provided, however, that they shall not exceed Federal Aviation Administration height limitations. DIVISION 8. HEAVY COMMERCIAL (CHV) DISTRICT* Sec. 90 -285. Lot and structure requirements. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, unless a special exception is granted. PROPERTY ADORE 1108 HIGHWAY 70 E OKEECHOBEE, FL 34974 CERTIFIED TO: OKEECHOBEE 1570 HOLDINGS, LLC LAWYER'S TITLE INSURANCE CORPORATION STEARNS WEAVER MILLER WEISSLER ALHADEFF & 5IT7ER50N, P.A. 51QIi$i F. D.O.T. W W MAP OF SECTION 91070 -2514 CONTAINS NUMEROUS GRAPHIC AND MATHEMATICAL INCONSISTANCIES THAT APPEAR AS ERRORS 19 PARCELS 23 & 24 AS DESCRIBED IN O.R.B. 391, P9.1874 CERTAIN GRAPHIC REPRESENTATIONS OF SAID PARCELS 23 & 24 HAVE BEEN OMITTED TO CLARIFY THE INTENT OF THE WRITER PARCELS 23 & 24 OVERLAP AS SHOWN AND INDICATED 13th AVENUE R/W ORIENTS ALONG EAST LINE OF GOVERNMENT LOT 2 OF SECTION 22 TOWNSHIP 37 SOUTH RANGE 35 EAST AS OCCUPIED THE " HANCOCK MEANDER UNE' REFERENCED IN LEGAL DESCRIPTION OF SUBJECT PARCEL ERRANTLY REFERS TO THE 'HOPKINS MEANDER UNE' AS SHOWN ON GOVERNMENT LOT SURVEY AS WELL AS 5.0.0,7. R/39 MAP OF SECTION 91070.2514 THE CURRENTLY OCCUPIED "HOPKINS MEANDER UNE" DIFFERS FROM ORIENTATION OF F.D.O.T. R/W MAP AS SHOWN AND INDICATED DESCRIPTION OF PARCEL AS DETERMINED BY THIS SURVEY; BEING A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF S.R. 70 (A5 SHOWN ON FOOT RIGHT -OF -WAY MAP FOR 5.9. 70 OKEECHOBEE COUNTY SECTION 91070 -2514, DATED DWN =3 -76) WITH EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED; THENCE SOUTH 00014'21" EAST, ALONG SAID EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED, A DISTANCE OF 44.5 FEET TO A POINT; THENCE SOUTH 89 °54'49" WEST, ALONG THE SOUTHERLY RIGHT- OF-WAY OF S.R. 70 A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 °14'21" EAST, A DISTANCE OF 690.53 FEET; THENCE NORTH 89 °54'49" EAST, A DISTANCE OF 100.00 FEET TO A POINT LYING ON THE WESTERLY RIGHT -OF -WAY UNE OF S.E. 13TH AVENUE; THENCE SOUTH 00 °1421" EAST A DISTANCE OF 230.05 FEET TO THE POINT OF INTERSECTION OF 1110 WESTERLY RIGH -OF -WAY UNE OF S.E. 13TH AVENUE AND THE HOPKIN5 MEANDER LINE; THENCE NORTH 71 °49'20" WEST, A DISTANCE OF 424,14 FEET; THENCE NORTH 00 °0397" WEST, A DISTANCE OF 787.65 FEET TO A POINT LYING ON THE SOUTHERLY RIGHT -OF -WAY UNE OF S.R. 70; THENCE NORTH 89 °54'49" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE OF S.R. 70, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING SUBJECT TO THE PERPETUAL EASEMENT DESCRIBED IN THAT ORDER OF TAKING IN FAVOR Of FLORIDA POWER & LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK 391, PAGE 1874, AS TO PARCELS 23 AND 24 ONLY. NO OTHER PORTION OF THE SURVEYED LAND IS AFFECTED BY THE ORDER OF TAKING. CONTAINING 6.28 ACRES MORE OR LESS. SURVEYOR'S CERTIFICATION; THE UNDERSIGNED SURVEYOR HAS COMPARED THE LEGAL DESCRIPTION AS PROVIDED BY THE CUENT (A5 SET FORTH BELOW) AND THE DESCRIPTION OF PARCEL AS DETERMINED BY THIS SURVEY (A5 DESCRIBED ABOVE) AND DETERMINED THAT THE TWO LEGAL DESCRIPTIONS DESCRIBED ONE AND THE SAME PARCEL OF LAND, AND, THAT BY APPLYING THE RULES OF SURVEYING, THE UNDERSIGNED SURVEYOR CAN LOCATE SAME AND THAT THE DESCRIPTION OF PARCEL AS DETERMINED BY THIS SURVEY IS THE ACCURATE LEGAL DESCRIPTION OF THE PARCEL OF LAND. LEGAL DESCRIPTION AS PROVIDE BY CLIENT: BEING A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, 040604OBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF S.R. 70 (A5 SHOWN ON FOOT RIGHT -OF -WAY MAP FOR S.R. 70 OKEECHOBEE COUNTY SECTION 91070 -2514, DATED DWN =3 -76) W1TH EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED; THENCE SOUTH 00 °10'28" EAST, ALONG SAID EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED, A DISTANCE OF 44.5 FEET TO A POINT; THENCE SOUTH 89 °54'49" WEST, ALONG THE SOUTHERLY RIGHT -0F -WAY OF S.R. 70 A DISTANCE OF 125.62 FEET TO AN IRON PIN MARKING THE POINT OF BEGINNING; THENCE SOUTH 00 °14.38" EAST, A 015TANCE OF 93.32 FEET TO AN EXISTING IRON PIN; THENCE SOUTH 89 °03'28" EAST, A DISTANCE OF 0.54 FEET TO A POINT; THENCE SOUTH 00°10'28 "EAST, A DISTANCE OF 597.34 FEET TO AN IRON FIN; THENCE NORTH 89 °49'32" EAST, A DISTANCE OF 100.00 FEET TO AN IRON PIN LYING ON THE WESTERLY RIGHT -OF -WAY UNE OF 5.5. 1311i AVENUE, A DISTANCE OF 229.61 FEET TO AN IRON PIN MARKING THE INTERSECTION OF THE WESTERLY RIG " -OF -WAY UNE OF S.E. 13TH AVENUE AND THE HANCOCK MEANDER UNE, A DISTANCE OF 395.93 FEET TO AN EXISTING IRON PIN; THENCE NORTH 71 °55'39' WEST, CONTINUING ALONG THE HANCOCK MEANDER UNE, A DISTANCE OF 26.32 FEET TO A POINT; THENCE NORTH 00 °09'32' WEST, A DISTANCE OF 787.65 FEET TOA POINT LYING ON THE SOUTHERLY RIGHT -OF -WAY UNE OF S.R. 70; THENCE NORTH 89 °54'49" EAST, ALONG SAID SOUTHERLY RIGHT -OF -WAY UNE OF S.R. 70, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING LESS AND EXCEPT THAT PROPERTY SUBJECT TO THE ORDER OF TAKING TN FAVOR OF FLORIDA POWER AND TIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK 391, PAGE 1874 ALTA /ACSM LAND TITLE SURVEY This is to certify that this Dap and the Navvy on which it is based Were made in accordance with the "Minimum Stmdvd Dead Requirements for ALTA/9053A Land Tide Surveys, " jointly ea/3801M and adopted by ALTA and NSPS in 2005, and includes Items 7, 8, 11,14, 17, and 19 of TAhie A thereof P013111101 122 the Accamcy Steadelb as (doped :ry ALTA sad IMPS amt in effect on the dam of 53, cmtificatlkS, undersigned further certifies d>a in my profeoional opinion, es a Laud Sor'cyor Registered in the State of Florid%, 894 RelsAva PositiomJ Accuracy of this survey does not exceed that which is specified therein. - t4x+107 Florida Registration No.: LS 6364 D xx c=RN6x sEcnON 22- 33-355 weer} COMM SECIa022-II -39 CC0. 462019 51A: 99494a6 oMSEH. x93 ,3092 Lora Sw COMM d5VXa0r _ 7 0059! _ s 9153'40'W 3.5-5rP] _ \' seas -L NOTE* 1) 1/165URVEY WAS FWVPJ4ED I/ A067R0OI C Was LVRRENT ALTSVACSN AW0500Y STMDARDS *501)10 YEWS SURVEYS ESTANUSN W NV The NAT0RA.50022Y OP PROM SSIONN, su5vfl055. 2) TIE UNDERSIGNED SORL45OR5 SASWEYIED1Rl9Q1ERg1NEN1N° 52306827u 7593a0 BY STEION5, MOO. IOUER, WF(SSLER, AUMOEYFA 5TR191som, Pa. M JANUARY 2. 2002 AT 5:06 AN, 0.531513/ S DATED NAY 24, 2007 AT 40:0 AMMO REVISION C °MD3UNE 29.2007 AT 6:00 AE TDE IO0ERSIGNE0 50.550915107 ReMNNERE p5 UNR[CDRO® MOS. EASBNNr3, M OTHER e51A1MEr115 THAT COULD ARECT THE NWNDMIES AND/OR u515 3 THIS PROPER), 3) TYPE 3 SURVEY: BOUNDARY • 1OPOGNAMoC 4) STATED LEGAL PURPOSE OF SURVEY MENEON: Maas! AN 0300 MORTGAGE 5) AU. 14FASU*BMO5 HEREON ARE WED M Us. 51MOMD WSW EMT 0)1104SURVEY10 MOT IITE0E07O 04,5140E NM RENECT°WHE WUP. 7) has S VEY ENGEMS INF A MEET ROR40A*4103*M l5CHFUCAL A02NALY5,20320OS TM T1E PUP5SE FOR 10'01 Oa 9)1946 SURVEY IS NOT MENDED 10 LOOM ANYSU65UPEACE DEROVBIEAS, 150,050RO FOUNOAT0N5 NM 5U65u5A3 9) SEMMES ARE 9ASEU UPON 1310 CEMERIDE OF S.A. AU A5 049 AS MENG SWIM 50•54•9• WEST 940 LOOSED "(asy IQ) INS SURVEY IS NOT NRMED FOR MULTINE USES. Ir IS 03LTDTE0 AND AMENDED WRTMESINGULAR USE(S) MA4OR PUSP09E(5) LISTED 3 051 M MOVE aY THOSE CERTJNFRS LIVED HEREON. 12) OBIUZII0 MORONS a ASIO0ATES RESERVES 135 RICK) TO u54 ANY AND Au. M 10°19470" MTANEO M 120E CDIMSE 31'5 SURVEYQNCWDMG 5Ne.010n ANY 0TII14) NN05US. THE OA54511 SNEY01 ELECTRONIC M anted 15E,RISIANSTN5 P0059 Y OFTI6FIRM. 42)0451115101ENT or OERUZIIO 4 0 031 45 4 3850 041P., 10WDPYAIIT THIS 510104. NO PMT 31455 INEIQ. Mr ERE 9005003)CJ0 VIA NAY HE01104 WLDN)UE ENE p6RE55 WRTRe) CONSENTS OMUZ20 M3R0N EASSOQATes. 13) AWTlONS M 0t1410N0 TD DOS SUNUP/ Nv WrIN019T TIE 1131111551011 aF WER112II0 HOPKINS a ASSOaKIe MDTHE SIGNING SURVEYOR 01301915111132 BY LAW. la) THIS DRAWING I5 NOT VALID UNLESS MAWS M ORLGINAL SIONATRE 200 RAISED 1µD IUIVEYOR55EAL 15) 705 DRAWING IS NOT VA 11) MD COMPLETE WRHOOT 501)4 SHEETS. 1N) ELEVATIONS HEREON ARE NASD ON; NOVO 1929 CATn4 moot F.D.O.T. x100043 43 P204 HAVING A 0NLISH50 ELEVATION OF 24.201 TEST. 273,705 513 R - 6.1c AC 66•3141711 134.41' 5603•14.17"W 5103.65' GRAPHIC SCALE 1 0 l0 20 ( IN PELT INTENDED DISPLAY SCALE: 1 inch '. 100 ft. Se mown 00409050 LOT 7 a Soar 1a iA 0000 veNE ..�(. 13gA1_ c2 SE ON.. • EAST 01031031 GoVESNNERr SECTION 00 -375 -34E C.C.R. 442944 MONO 4r4 MONU4Brt REVISIONS DATE 06 -15-07 REVISED 0646 -07 517055075 CO MCiNT5 073 Denuzzio Hopkins & Associates Engineers Surveyors Project Management LB. NO.007448 101 North 1.15 Hwy 1 Stake 122 (772) 461 -6642 Fort Pierce, Florida 34950 Fax (772) 461 -6508 MB UN a ARMIN p : MOUND one oln a - man dnlNrr w6`11'sA'N,R`9N It 4•NNns4SR IOU CO MO. MOVE pp OM OM . MR OF COMM D R US. ° 4IN 4 "6AS65 AA OSAWkill : OW OA NAOMI Z MAO OM WO RAM OM OW ▪ PAM SA row or mos. sa roo wort E IT OF NnNmar AO ft POO OF MOW ONO ann. after( uitn. Pal .N$wv SHEET 1 OF 2 W000 POwER POLE fek 404. ay- 3600 S.E. 1.3th AVEITA. f4 ‘k.k, 44: 4v .65740 E4 MOTOt POLE POIAD POLE 500°1421T 690.53(M) moor i• .4"4 4945.06 2, 1 • DmIN7111.2 ■02.9( PCle 4124.24 • — 41,40 pow. wOoo if Sot,4 pt. emu.. — 7 __1 DoSoBilt, AssmALT OR. V ▪ 0.r.. nom LTONT POLE PCAVER 36000 AI Mt - - _ _ _ _ _ 6 REVISIONS DATE PN 06-14-07 BP 06-26-07 ATTORNEY'S COMMENTS DIP SHEET 2 OF 2 GRAPHIC SC ALE 4_- (116 FEET ) INTENDED DISPLAY SCALE 1 Inch 14 40 ft Denuzzio Hopkins & Associates n 516••r• Surveyors Prof•et 001104•0•4t 10E0 WAN 101 North US /Wry 1 50R* 122 (772) 461-6642 Fart Pierce, Markle 34950 Fax (772) 461-650S ara_ - RIM 07-0020-0 O 0655 05, 61 O AIOOflJOVEO 06-11-0 DAM T. SAMMY 'DK DATE 546106 546 MAE MO MR YID Rpm N00.03.47'W z 787.651M) MEM. SOT. () MIS SURVEY WAS PERFUMED IN ACCORDANCE WIII1 CURD. ALTA/AMP. ACCUPACY SIMON. TOR Us ESTRUM. SY ME SAMS. 3COM Of IMPEASIMAL SUMS.. 1) TIM MOSISIGIM SURVEYOR MS TITLE COMMENE SZIMMLA MU. Iff STEMS. WE wessust. MIMEO* • STITOCOM. 011 ISMARY 7, 20M a mrtscm 5 MID SA514,2007 PT REVISE. C ONIED MEM, .77 AT V. APL MOM.. SURVEYOR IS NM NESIONSISIP POP MB EAMISIDS, 077.21177677(12417(7571160 07171.0 Writ 771E ICKININUW25 AND/011 UM Of 77(IS 77771,19(17 3117,6 Of SURVPI, mummort • 701COMMIC A) MATEO MM. IMPOSE Or SLIMLY MD.° PURDIASE AM/OR MITGAGE. S) All NEASURIMEMS MOOR ARE BASED ON US. swamp Dees. FEET 6)16I5 SURVEY 5 NOE IMMO. VII 066364645 546 REELECEOWNERSIIM T) MIS SURVEY EXCEEDS DIE CURRENT FLORIDA pEMPlury TSDNICAL MODAL, STAMM'S EDE DE MOT DEMOS, IS MIS ARMY 6 NOT MM. 7I, LOCATE AM SUSSLAWACI INPROVENENTS, LISOMMOUM, ASIMMTIO VICROPIMIESTS. 9) WARMS ARE SAM USD 11M OSITISUM 065.5 75 ASSIIM AS DEM sovn■ erscer 4141 L TwIS SURVEY IS NOT MUM MIL MIL17LE UM IT IS CER71.92 DMADED MR ME MMUS It 60447OSRS) LISTED DI 0114 MOW SY MOSE COMES. LIST. MIMEO& IT) 013.210 MORONS • ASSOCIATES RESERVES THE wow To USE MY A. ALL IR PIMATIOS WAD. I SURVEY (INCLUDING MEMO MR ARY OMER RMS.. ME ORIGINS MET. MECUM° OR EMIERWETEL MEMO, OE OM AIRD 11)1) IS TIM PERM OP OMEMEIO DOMED ASSOCIATES TO comm.° TIM SWOT 110 PASTOETIM R9ROOL.I0 VIA ION Emmy wrrmwr 016 Mmuss wArrras COMM' OF ODIUM° MM. ASSOCIAI 79) AMMONS OR DELETIOIS TO MS SURVEY MAD W17110117 THE PBEKISSKIN OE OEM= WPM. • ASS SR.. SURVEYOR IS PROMMITED SE LAW. 14) TM DRAWING IS NOT VAUD MIMS MOM° OPSIMALDIMMURE MO RAISED USIO SURVEY°. A 15)T14I5 ORAVEMS IS NOT VELD MO COMPUTE MOW 11011I DEETS IS) MEMO. HERM M MS0 0/1; .101929 NOM MON FAILO.T. RENOMARK PRA MAIUM • MID 24.007 *56. , LJ ,E VLO r- lln ER Okeechobee, Florida Index to Preliminary Drawings ARCHITECTURAL A0.0 Cover Sheet A3.1 Exterior Elevations A3.2 Exterior Elevations A7.1 Building Section Project Data ROOM TYPES: FOOTPRINT: --- I BUILDING AREA: 0593 SF. T ROOM M 1 X - -- A GROUND 12,593 5F ROAM TYPE O NG 2ND 3RD 4T1-1 TOTAL RAM% SPACES: 98 AUTOMOBILE PARING SPACES, (NCLUDPG 5 HANDICAP SPACES DOUBLE QUEEN 5 ID Is ID 35 SECOND 1251 SF ACC. DOUBLE QE015/ 735 0 i 1 I 3 THIRD FOURTH 0,51 SF 0,51 SF SUBTOTAL DOUBLE GUM 5 1 5 I 55 1(176 ACC. leJn StIDIO V RIS 2 1 O 0 O s n s 1 20 BOAT PARKING SPACES TOTAL 43166 8F ACC. Y.RYa ./7LC 1 O D 0 1 KNO STUDIO 1 2 2 7 T OCCUPANCY CLASSPICATION: GROUP R -I (HOTEL) SUBTOTAL I014 b W 14 M 41 MEETING ROOM AREA 505 5F TOTAL 1s 35 35 m 0 803 S. MOUNT MORA1 SUITE 1008 MEMPHS, TN 38117 (901)883 -7175 p. (931)883-2385L NO. ISSUED DATE N0. REVISIONS DATE OPYRRIROMINNICNIICIt IYHOWNWIMPSZEOCOMIGMAIIII CCP1110101.4111N10 WILL =EU TIE IO CONSULTANTS STRUCCRIRAL: DAVIS PATR90OS OLSWELL, INC. (901)3774984 MECHANICAL: CRABTREE ENGINEERING (901)757 -8898 PLUMBING G000IN 8 ASSOCIATES (901)372-3373 ELECTRICAL: CRS ENGINEERING (901)767 -2557 SUN. (Puy OKEECHOBEE, FLORIDA SHEET NAME COVER SHEET DATE DRAWN BY 11/09)07 ASM OECICED BY DL FILE NAME 2407 -A00 SCALE NONE PROJECT NO. 2407 DRAWING A0.0 WEST ELEVATION NORTH ELEVATION EXTERIOR ELEVATIONS A RCHITE,C TS,.. 803 S. MOUNT MORIAH SURE 1008 MEMPHIS, TN 38 17 (801) 8817175 p. 901)683-2385 . txadiiMtb.can N0. ISSUED DATE REVISIONS DATE anwoM WWI MCIIIW'I; SIC tweeUNAIJIMIZED COMM rt uwm OrrlAI, rILL Xta ECTTE MAMA TO MALPICE[VAdI CONSULTANTS STRUCTURAL DAVIS PATRNOOSS CRISWELL, INC. (901)377-9884 MECHANICAL• CRABTREEENGNEERING (901)767 -9898 Pitmans: GOOION 8 ASSOCIATES (901) 312-3373 ELECTRICAL CHS ENGINEERING (901) 761 -2551 SEAL OKEECHOBEE, FLORIDA SHEET NAME EXTERIOR ELEVATIONS DATE 11/09/07 DRAWN BY AP CHECKED BY DL FILENAME 2407-A301 SCALE AS NOTED PROJECT NO. 2407 DRAY/94G A3.1 STANDING SEAN METAL ROOF EETOFD j LI 0 ) 0 >) EFS 6 EFS P br- STAN180 SEAM 1 E1AL 801 EFS cOFNCE- OD FLOOR DECORATI3E ERMINED SOPRE A11.1110 1112200111 AONTS 6I111 INTEGRAL MAC WR HOLLOW I•TAL DOOR AN, FRAME — ALIIINPI AND I N' DRA*14 LE GLASS STOREFRONT EFS SYSTEM EAST ELEVATION 314' 5111CC0 RNfSH — 4L81HN1 A'D 46438 STOREERCHT SOUTH ELEVATION CGM. EF5 BAND EXTERIOR ELEVATIONS SCALE: 333' • 803 S. MOUNT MORIAN SUITE 1006 MEMPHIS, TN 38117 (901) 883 -7175 p. (901)683 -2385 . 80. ISSUED DATE REVISIONS DATE La 140.11.F/PCMCCW.NC NNeN121N11P1u1®19PN6Y[IA19 14107,1110 MNLLatRCTIE VO ATCNTCa LEALPPC66011 1. CONSULTANTS STRUCTURAL DAVIS PATRIKIOS CRISWELL. INC. (901)3779984 MECHANICAL CRABTREE ENGINEERING (901) 7679898 PLUMBING GOOKIN NS ASSOCIATES (901)372.3373 ELECTRICAL C1S ENGINEERING (901)767 -2557 SEAL gelniPtolv OKEECHOBEE, FLORIDA SHEET NAME EXTERIOR ELEVATIONS DATE 11/09/07 DRAWN BY AP CHECKED BY DL FILENAME 2407-A302 SCALE AS NOTED PROJECT N0. 2407 DRAWING A3.2 BUII.DIN SECTION SCALE: V�••I' -0• ARCMITECTS:.. 803 S. MOUNT MORIAH SUITE 1008 MEMPHIS, TN 38117 (901) 883 -7175 p. (901)683 - 23857. Ilwelwelcfilab.can N0. ISSUED DATE NO. REVISIONS DATE mremnnuw+wrIRaaxc MNNR UI fusrt.1.17 110 MAIM , uacmrweRweno eu srrcrne mu1arolcaavxceRmox CONSULTANTS STRUCTURAL: DAVIS PATRIIDOS CRISWELL, INC. (901)3779984 MECHANICAL CRABTREE ENGINEERING (901) 767.9898 PLUMBING: GOOKKIN 8 ASSOCIATES (901)372.3373 ELECTRICAL: CHS ENGINEERING (901)767 -2557 SEAL OKEECHOBEE, FLORIDA SHEET NAME BUILDING SECTION DATE 11/09/07 DRAWN BY ASM CHECREDBY DL FILE NAME 2407 -A701 SCALE NONE PROJECT N0. 2407 DRAWING A7.1 M \NEST EL.EVAliON NORTH E.LYAT1JN HOTEL ELEVATION WITHOUT ROOF ARCHITECTURAL FEATURES ABOVE 43 FEET EXTERIOR ELEVATIONS %NI = ARCHITECTS r,ei:33.REEENG{NE.E.PiNc.; 1,1_,M3ING v."2-7S ENt.3:NEERN,C; SamPtelv dm! OKEEC'HOBEE. FLORIDA EXTERIOR ELEVATIONS 11/09107 AP BY a, -E ME: 2407-A301 SGA; AS NOTED 2407 DPAW:NG A3.1 STANDING SEAM METAL ROOF EIFS CORNICE 0 II EBS CORNICE BETOND 0 0 0 i d111111111111ll11111111l l l � CONT EIFS BAND 3/4' STIICCA FINISH EIFS 000d4CE ,I II I 1111 HOLLOW METAL O FREFINISHED DECORATIVE L0 DOOR AND HDLLOU METAL LOW PREFI ISI WORE JOINTS ROOF HOLLOW HOLLOW METAL I I/!' SYSTEM LE ALID GLASS DOOR AND ROLF AND GLA55 WINDOW WITH FRAPIE F'R£FNISNED OWR AND EIFS SYSTEM — 5T0�%t�T FRAME INTEGRAL NTEG AL FRAME NTAC WIT WINDOW WITH INTEGRAL PTAC Wlt 0 43' -0' HICO4EST PONT TOP OF 4TH FLOOR EFS CORNICE MREFINISHED ALUMIFL'I WINDOW In" WIDE C:NT58 /5 VY REVEAL JOINT 3/4' STUCCO FINISH CONT. EIF5 BAND WEST ELEVATION 0 T I;:III II' :,1- 111111rIlliar EIFS CORNICE 11 I 1 r -T 1ii1 ameram ION 911 Ji — HOLLOW METAL DOOR AND FRAME 1158 FNISHED ALIPIIN.E1 AND GLASS STOREFRONT STSTEM NORT ION EXHIBIT - SHOWING AREA OF PROPOSED ARCHITECTURAL ROOF FEATURES ABOVE 45 FEET -2 45' -0' 43.-0" HIGHEST PONT • CF° 4TH FLOOR STANDUG 5E411 METAL ROOF 4TH FLOOR 3RD FLOOR 2ND FLOOR FLOOR EXTERIOR ELEvAT IONS 3/32' • I' -0' SCALE. FLOOR ARCHITECTS 803 S. MOUNT MORIAH SUITE 1008 MEMPHIS, TN 38117 (901) 683 -7175 P. (901) 683 - 23851. Ilw8llwarchitects.com N0. REVISIONS DATE COPYRIGHT BY LLW MGBTECTS. t!L WANING: LWNHMIBiZEV COPYING JECT U.B. COrY'HBOHIT UWS INO WILL SMELL RIE VEIATCR TO MCA. PROSECU710K CONSULTANTS STRUCTURAL: DAVIS PATRIKIOS CRISWELL, INC. (901)377 -9984 MECHANICAL: CRABTREE ENGINEERING (901)767 -9898 PLUMBING: G00KIN & ASSOCIATES (901) 372-3373 ELECTRICAL: CHS ENGINEERING (901) 767 -2557 SEAL OKEECHOBEE, FLORIDA SHEET NAME EXTERIOR ELEVATIONS DATE 11/09/07 DRAWN BY AP CHECKED BY DL FILE NAME 2407 -A301 SCALE AS NOTED PROJECT NO, 2407 DRAWING A3.1 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 Email: info(a,larue- planning.com LaRue Planning & Manaement Services, Inc. Staff Report - Special Exception Request Prepared for • City of Okeechobee Applicant: SR 70 Holdings, LT ,C Petition No.: 08- 003 -SE Staff Report Special Exception Request Applicant's Name: Okeechobee SR 70 Holdings Petition No. 08- 003 -SE General Information: Owner: Contact Person Owner Address: Owner Phone Number: Okeechobee SR 70 Holdings, LLC Kelly Kite, Jr., VP 3055 Cardinal Drive Vero Beach, FL 32963 772 - 231 -9333 Legal Description of Subject Property: BEING A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SR70 (AS SHOWN ON FDOT RIGHT -OF -WAY MAP FOR SR70 OKEECHOBEE COUNTY SECTION 91070 -2514, DATED DWN =3 -76) WITH EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED; THENCE SOUTH 00 °14'21" EAST, ALONG SAID EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED, A DISTANCE OF 44.5 FEET TO A POINT; THENCE SOUTH 89° 54'49" WEST, ALONG THE SOUTHERLY RIGHT -OF -WAY OF SR70 A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 °14'21" EAST, A DISTANCE OF 100.00 FEET TO A POINT LYING ON THE WESTERLY RIGHT - OF -WAY LINE OF SE 13TH AVENUE AND THE HOPKINS MEANDER LINE; THENCE NORTH 71 °49'20" WEST, A DISTANCE OF 424.14 FEET; THENCE NORTH 00 °03'47" WEST, A DISTANCE OF 787.65 FEET TO A POINT LYING ON THE SOUTHERLY RIGHT -OF -WAY LINE OF SR70; THENCE NORTH 89 °54'49" EAST, ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF SR70, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING. Item before the Board of Adjustment: The Applicant is requesting a Special Exception to allow portions of the proposed Hampton Inn hotel building to exceed, by a little over 10 feet, the maximum allow- able height of 45 feet in the CHV district. The property is located at 1108 Highway 70 E. The maximum height of 55 feet 2 7/8 inches occurs at the north and south ends of the structure. It appears that the central portion of the structure as seen from the west is about 51 feet high and represents about 23% of front of the building as seen from the west elevation. Each of the stair towers, located at the north and south ends of the building, are where the maximum height of just over 55 feet is proposed. Each of these represents about 6% each of the building length as seen from the west elevation. Page -1- Staff Report Special Exception Request Applicant's Name: Okeechobee SR 70 Holdings Petition No. 08- 003 -SE Description of the Situation: The subject property is approximately 6.27 acres and is at this time largely vacant, containing only a single family residence and a stable, both of which will be demolished. A four -story, 85 -room hotel will be constructed on the property. The property received approval of a Small Scale Future Land Use Map Amendment to Commercial and a rezoning to CHV in 2007. The property will have adequate public utility services. Public utilities and facilities will be unaffected by the requested increase in height. Nearby properties include the full service U. S. Post Office located immediately to the west of the subject property and a convenience store and equipment repair operation adjacent to the northeast portion of the site. There are four single - family residences just south of the existing commercial uses on 13th Ave. These four properties abut the subject property's eastern boundary. The properties to the south of the proposed hotel are vacant and designated Single- Family on the Future Land Use Map but are zoned RMF. When developed, this area will likely be in residential use. Consistency with Land Development Regulations: When reaching a conclusion on a Special Exception request, the Board of Adjustment must consider, and show in its record, findings as set forth in Section 70- 373(c). In addition, Sec. 70- 373(b) requires the Applicant to address a series of standards for granting a Special Exception in his /her presentation before the Board. The Applicant has submitted responses addressing each of the standards of Sec. 70- 373(b) and the required findings of Sec. 70- 373(c). Staff does not dis- agree with any of the Applicant's assertions. Required Findings of Sec. 70- 373(c): A. The use is not contrary to the Comprehensive Plan requirements. This request not contrary to any requirements contained in the Compre- hensive Plan. The proposed use meets the requirements set forth in Policy 2.1(d) for property located within the Commercial Future Land Use and the Comprehensive Plan contains no limitation on height in this and use category. Staff Report Applicant's Name: Okeechobee SR 70 Holdings Special Exception Request Petition No. 08- 003 -SE B. The use is specifically authorized as a special exception use in the zoning district. Section 90 -283 (16) allows a special exception for uses in excess of 45 feet in height. C. The use will not have an adverse effect on the public interest. The increased height will not have an adverse on the public interest. The increased height allows for increased protection for firefighters in the event they need to access the roof and is also intended for aesthetic purposes. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Yes, the proposed increased height can be considered appropriate in the areas, particularly in that it is proposed only for a portion of the building and is not for habitable purposes. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The additional height for a limited portion of the building should have not adverse effect on the property values and /or living conditions to the adja- cent properties. F The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. No nuisance or hazard is foreseen as a result of the requested increased height for a portion of the building. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The requested increase in height will have no negative effects upon the pro- vision of public facilities and, in addition to the aesthetic qualities, is intended to improve protection for firefighters in the event they need to access the roof. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The increased height will have not effect upon traffic, flooding or drainage or otherwise affect the public safety. Page -3- Staff Report Special Exception Request Applicant's Name: Okeechobee SR 70 Holdings Petition No. 08- 003 -SE Recommendation: Based on the foregoing analysis and findings, Staff recommends that Petition No. 08- 003 -SE be approved. Submitted by: James G. LaRue, AICP Planning Consultant January 9, 2008 Future Land Use Map Zoning Map Property Appraiser's Aerial Photograph 1st Hearing — Planning Board January 17, 2008 Page -4- Staff Report Special Exception Request Applicant's Name: Okeechobee SR 70 Holdings Petition No. 08- 003 -SE Okeechobee FLUM Subject Property • SINGLE - FAMILY COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY all COMMERCIAL ON INDUSTRIAL PUBLIC FACILITIES Staff Report Special Exception Request Applicant's Name: Okeechobee SR 70 Holdings Petition No. 08- 003 -SE Zoning Map ubject Property ZONING ttr OPo Page -6- Staff Report Special Exception Request Applicant's Name: Okeechobee SR 70 Holdings Petition No. 08- 003 -SE N•E 4 TN STREET a r w. NhE ■RD STREE;� ®® Kimley -Horn ® and Associates, Inc. January 9, 2008 047833002 Via Federal Express 863/763 -3372 Ms. Betty Clement City of Okeechobee Building and Zoning Department 55 SE Third Avenue Okeechobee, FL 34974 -2903 RE: Park Place — Hampton Inn Building Elevations Dear Ms. Clement: Please find attached our latest revised exterior elevation. We appreciate your review of this change. We made this height change based on our preliminary drawing review by Hilton Hotels Corporation. Their Design and Construction director for this project is recommending an 8" increase in the floor to ceiling height on floors 2 and 3. This will assist us in meeting the franchise requirements for the heights in the guest unit baths and code requirements in the corridors. We are still under the 45' height restriction with our main roof and parapet. That height is only exceeded by our larger parapet and stairway which is a very small percentage of the overall building area. Should you have any questions, please do not hesitate to contact me at 772/794- 4155. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. CLh. Chris Goetzfried G:\ 47833002 \WP\Correspondance\Building Elevation Ltr .doc ■ TEL 772 562 7981 FAX 772 562 9689 • Suite 300 601 21st Street Vero Beach, Florida 32960 rC;LL.LIL;C� STRONG SEAM PETAL ROOF •EFS CORNICE T I T EFS CORNICE BEYOND TT Rl yiwBRA. EF® e® 1 EFS CORSZE CONT. EFS BAND 3K' STUCCO FN'I.+VN EFS CORNICE PREFNISNED ALII1NJI LLINDON Halal/ PETAL DOOR AND FRAM I 1 DRANABLE ALU1M1 • OR PETAL EFS SYSTEM AND GLASS DOOR AND STOREFRONT FRAME WEST ELEVATION vr WIDE CONTN.10Z V REVEAL JONT 3/4' STUCCO FNI:H CONE. EFS BAND T AREA ABOVE 45,W: 4119 SOFT. (255) �.1.}l Ij v1w"F" by EFS CC RACE F > 1111 A 1 wenn 5 sT PONT 44• -4. 5T PCN1 TOP OF A DR ROPE . STANDNC. SEAM METAL ROOF FLOOR FLOOR EFS WS BAND '1e, FLOOR 1 u DRANABLE 6 EF5 ST5TEM GND p -REIN ED ALLINJ I NV GLASS STOREFRONT 5757E11 140-1-00 METAL DOOR AND FRAFE NORTH ELEVATION FLOCR AREA ABOVE 45' -0': 3BZT SOFT N25L FREFNE03, DEC RATIVE LCUN HOLLOW rPETAL ALU1NE1 SCORE ADIOS RCGF DODR AIO ERODE MN FRAM INTEGRAL PTAC WIT EXHIBIT - SHOWING AREA OF PROPOSED ARCHITECTURAL ROOF FEATURES ABOVE 45 FEET EXTERIOR ELEVATIONS SCALE 3/37' . r-NS- FLOOR 803 S. MOUNT NORM sun 100B MEMPHIS,1N 38117 (901) 883.7175 p. (BM)883-2385 L N0. ISSUED DATE N0. REVISIONS DATE CONISWIT .<W K PAM* UNAIRIIIMMPOTTRVICLAY15 ua m weNOMIROJS.TE nMw1rn ISALNppaNnN CONSULTANTS STRUCTURAL: DAVIS PATR8OOS CRISWELL, INC. (901) 377 -9984 MECHANICAL CRABTREE ENGINEERING (901) 787 -9898 PLUMBING: GOOR N & ASSOCIATES (901) 3723373 ELECTRICAL. CHS ENGINEERING (901) 7672557 SEAL (NamPtov (Imo . OKEECHOBEE, FLORIDA SHEET NAME EXTERIOR ELEVATIONS DATE DRAWN BY 11109/07 AP CHECKED BY DL FILENAME 2407 -A301 SCALE AS NOTED PROJECT N0. 2407 DRAWING A3.1 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the natter of l h� t: :7V1E6 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 Okeechobee News is a newspaper published at Okeechobee, m 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. ) Swom to and subscribed before me this ?? day of _ "NL,.) k.t .L0-1 -1- A.D. 20 (!! am". Public, State of Florida at Large NOTICE OF CONSIDERATION 6F PROPOSED VARIANCE NOTICE: A PUBLIC HEARING WI be held before the City of Okeechobee P -Mirky Board/Board of Adjustment and Appeals on Thursday, January 17, 2008 at 6:00 p.m. or as soon thereafter as possible. The meeting wit be hell at City Hal, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, OkeecMbee, Ron- da To consider a VARIANCE to change the front setbacks from twenty to zero feet and the North side setbacks from eight to zero feet within a H Commercial (CHI Zoning District (ref. Code Book Sec. 90-285(1)) submitted by property owrrar(0) David and Anita Nunez The subject property is located at 108 Northeast 7t11 Ave- nue. L el description: the South 99 feet of the following contiguous parcels of land consolidated), lying in and comprising a part of Section 15, Township 37 South. ante 35 East, Okeechobee County, Florida, and being more particularly de- scribed as follows: al of Block 148, City of Okeechobee SubGM n - according to the plot thereof recorded 01 Plat Book 5, Page 5, Public Records of Okeechobee County, Rorida; also Begr'nni at a point where the North boundary line of North Park Street extended West, intersects with the West boundary line of Block 148, City of Okeechobee Subdivision, accenting to One plat thereof recorded 10 Plat Book 5, Page 5, Pubs Records of Okeechobee County, Ronda, if extended South, said poled being 70 feet East of the Southeast comer of Block 149 of said plat of Okeechobee; theme run Northeasterly 126.9 feet thence run East 55 feet, more or less, to the West- ern shore Iine of the Onoshohatchee River, now known as Taylor Creek, thence run Southerly, along the Western shore One of said Taylor Creek, to the bdersec- ton with the North boundary One of said North Park Street thence run West 83.2 beet to the Point of Beginning; also Beginning at a pant of intersection 148,26 feet East of the East boundary One of Block 149, City of Okeechobee Subthvision, according to the plat ttereot recorded in Plat Book 5, Page 5, Pudic Records of Okeechobee County, Florida, measured at right angles to and 100 feet North of the North boundary line of North Park Street thence run Northeasterly and parallel to the East boundary of said Block 148 and 70 teetthere from, for a thstance of 223.6 feet thence run east on the south One of Northeast 2nd Street (formerly Eighth Street), for a distance of 59 feet to the Western shore One of the Orashohatchee River, now known.as Taylor Greek; thence run Southwesterly, along the Western shore line of said Taylor Creek, for a distance of 225 feet thence run West 55 feet to the Point of Begin- also All that ning; part of Riverside Drive, according to the plat thereof recorded in Plat Book 1, Page 22, Public Records of Okeechobee County, Ronda, (now vacated, aban- (toned and closed), extending from the East boundary line of Northeast 7Ih Ave- nue (formerly Oklocknee Street), where the same intersects with the North boundary line of North Park Street, and North to the South boundary of Northeast 2nd Street (formerly Eighlg Street), if extended-East. The lands described above, as shown on the plat of Riverside Drive as recorded in Plat Book 1, Page 22, Pubic Records of Okeechobee County, Honda, Less and except the South eight feet, thereof, taken for Stale Road right-of-way. A copy of the entire application(s) and agenda are available in the General Services Office, Rm 101 at City Hal or by calling Betty Clement at (883) 763 -3372 x 218. Please be advised that the Board of Adjustment and Appeals will serve as the de- cision narking body (quasi - judicial), on behalf of the Carr, to approve or deny Vari- anoas. PLEASE TAKE NOTICE AND BE ADVISED that O any person desires to appeal any decision made by the Board of Adjushmoents and Appeals vnth respect to any mat- ter considered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media Is for the sole purpose of backup for official records 011ie department In accordance with the Americans with Disabilities Act (ADA) and Ronda Statute 286.26, persons with disabilities needing special accommodation to participate 01 this proceeding should contact Betty Clement no lateer than two (2) working days prior to the palled, - 800222- 863-763-3372 x 34488((vstaa) or 12. 888- 447 -5620 (ITV). or voce im- paled, 07 -002 4 254729 ON 1(2,11(08 Janette Thiboult Commission # DD505311 s Expires January 10, 2010 .�c -. 1 .a•. assurance Inc 800.385-7019 [City of Okeechobee General Services Department 55- S.E_ 3'd Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 2.18 Fax (863) 763 -1686 Dater 10.7)1D 1 Petition No_ 07-00,9_ , Fee Paid: j ()?) Jurisdiction: 00/- 1st Hearing { � � 2nd Hearing Publication Dates: Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: O Notices Mailed: Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Uniform Land Use Application Rezone • Special Exception ',Variance ✓' Name of property owner(s): y d 3 An, ).4L ki Owner mailing address: 6/ o iti , P -rr bi4 1, ' e. TL Ora °, fl_ A .. P P L 1 C A T Name of applicant(s) if other than owner (state relationship): Is there a current or recent use of the property' that is'was a violation of county ordinance? If so_ describe: O)© Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: O Applicant mailing address: Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: - Si e Name of contact person (state relationship): an; . Existing zoning: 5i e Future Land Use classification: C.,/ y 613(4._ /vZ* 2 Contact person daytime phone(s): l(yn / A 7L(,I -0 !!'' ffeZ n �,, 17 Fax: 4497 -6(010 ✓ Property address / directions to property: /0 g' Ai, E. iqut Indicate current use of property: V aoa 04, Describe improvements on property, including number /type of dwellings and whether occupied (if none, so state): V 0.Can ÷ P R 0 P E R T - Approximate number of acres: ! Is property in a platted subdivision? G Is there a current or recent use of the property' that is'was a violation of county ordinance? If so_ describe: O)© Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: O Is a sale subject to this application being granted? r Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: - Si e South: 49 7 o, East: la/ fi r Cry, e West: f z iec Existing zoning: 5i e Future Land Use classification: C.,/ y Actions Requested: (.,_ ) Rezone ( ) Special Exception ( Variance Parcel Identification Number: 3 - )5. ° 3 7 - 3 5°- co I0 - 0IVY 0 u- 60 ,'� ✓ Confirmation of Information Acctfacy -- I hereby certify that the information in this application is correct_ The information included in this application is for use by the Ci ; of Okeechobee in processing my request_ False or misleading information may be punishable by a fine of up to 5500.14 and imprisonment of up to 30 days and ay result in the summary denial of this application. :1 .1, 11 1 Printed Name Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 Uniform Land Use Application (reA, 1/03) Page 2 of 2 Current zoning classification: Requested zoning classification : R E Z 0 N E What is your desired permitted use under the proposed classification: Provide specific LDR ordinance citation: If granted, will the new zone be contigu• . , rth a like zone? Why would granting your re• .est be in the best interest of the area and residents? Is a Spec ception necessary for your intended use? Variance? Uniform Land Use Application (reA, 1/03) Page 2 of 2 Describe the Special Exception sought: s P E C I A L E X C E P T 0 O N Provide specific LDR ordinance citation: Are there other similar uses in the area? I-f so, de . ' •e: Why would granting your re• .est be in the best interest of the area and residents? If busines _ riefly describe nature including number of employees; hours, noise generation and activities to be cond ed outside of a building: Uniform Land Use Application (reA, 1/03) Page 2 of 2 Describe Variance sought: `n w Iu /(�1 Val "1 t/ l� 4,k, J Jltl- ° V A R 1 A N C E Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? < ,, 56 Uniform Land Use Application (reA, 1/03) Page 2 of 2 Et T90 2..917 298.008 t 0 20.2T 00Z -6T -2T (Rev. 12/07) ' TT , ..'''�. 4 .. K"�y j ii kt c i f,'+}'i `l' 41 nri �,, ol-N ti : 4)-64 .'' J• e � �� I" U J� � �4� 1> i� 'G^ tf �� k,• 4 yii 4 r-u. .{ ,�. ,l ..l;:�. °� 'S ;C�b=.77Zr,; --' �'.,_ ""'" ..,� t .ttni�*�^'�.!! "'LL'7 u _ iT}�lt,-a',r.a �,��w...:ni -. " T. .., �i e r,-w, ..- :4!_ � Inf.rxw.�� :u..�:,..�.7;'.�Lwu.:w, .- .�......... ".' ��....,. ir.. �:: ^':."...�:«:.�:::.:....f�. .'.u:�n:fw.w..., -,Y.r, 1 � ",4,�''`�f"�:'i�, M r"_.� . �Py,aty+ . Describe the Variance sought '! f j % r'ldR A� �j,� y h7 .1 / . S i d LG/ oili - eau oti ifleES B Describe the physical characteristics of the property that make the variance necessary: /36 ' .Sts a:06Tct7- / ,?Z c Q 76",e cyc 2: 4,ea ie : Ei sG-..r49,07' cTAT 43.a -Sdac_ ?C�- f, e* . . C Dld you or a previous owner of cause or contrlbute to the characteristic "rating the variance: (.....) No es If yes, explain: %/f- .. 1e a o- aig,) 1e f.�, fF(Z ,: a� fed' 'E.y s� A✓Z~ `� "��'� la -1.4=‘04/c D What specifically is theminmminn variance necessary and explain why a lesser variance is not adequate. "Ztrt.01-- Ste; 10 "V . Attach a site plan showing the buildings, structures and other improvements or characteristics of the site and the tocation or the specific variances) sought: /13/63.4 sr e 5-70... LAPP F Aitiu-tmeilt addressing the mustards and required Findings for the granting of a variance as described below: . STANDARDS FOR GRANTING A VARIANCE (Sec. 70- 374(b), page CD70:20 in the LDR8) Applicants are required by Sec. 70.374(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 variance is needed to overcome a hardship caused by the unique physical conditions of the site land not merely for economic reasons or the convenience of the applicant]. 77.471/$ ja.7,4seV ec t 46Aarc4-1-42 *14-4. ..0/06'72, ry e}7,4,4-70, tp �,SC 2, Specify the minimum requited including height, lot area, sic of structure, size of yard, setback, buffer or open space. [Applicant should explain why the requested variance is the minimum necessary to overcome the hardship./ For questions relating to this application packet, tall the General Services Dept. at (863) - 763 -3372, Ext . 218 ;u a Page 1 of 2 9891 £91 E99(XH3) a9110.Jaa >0 ,O h t] W21 (3111)/.002- 91 -]30 E:3Si ki OM L91 298 00S Et 0. 20:2t L:00c -8T -2T Var ian;x =Spe fc Appditratitm and a U (Rev. 11/01) FINDINGS REQUIRED FOR GRANTING A. VARIANCE ( 70474(c): .,, page CD70:20 & 2t itrtthe LDRsy It is the Applicant's responsibility: to convince the Board of Adjustment that approval of the proposed variance is justified. Specifically, the App)icantshould provide in his/her applWc abort and presentatiort.suf %dent explanation and documentation to convince the Board of Adjustmert to find that ' 1. Special conditions and circumstances exist which are peculiar to the land or strum= involved, and are not applicable to other land orb in the sane zoning district. ° c/' y '.y. `ge:D _ t QAett It C /a/?4edgt ite . ''eel - Tw 4r j3c31e4JP - 74- oA cA4§ ce. 2.. The special conditions and ciucum do not result from actions of the �, • licant 7yrier i s c e1e� c S to CoAket"7i"fe�S' i� APFc r � ` e Uto(.as p uJ,vEg,e 3. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyedby other properties in the same zoning districts under the terns of the Land Development Code, and would work umaecessaty and undue hardship on tic applicant. 7:74<' & $ST r .4f`s_ 4o7 I-1wc 5Tiecre 4C Ore* ,g • t 4. `The variance, if gutted. is the minimum variance necessary to make possible the Et a use of the land or structure. ;s- C"6 Ai 5. Granting the variance request will not confer on the 'applicant any special privilege(s) that is (are) denied by the Land Develop dent Code to other land or structures in the same zoning district �"' re %ifls d Pi .9= Rnvl /e.y- � ''f{ �¢ sea ce r�� 6. Granting the • variance will compatible with the intent and purpose of the Land Development Code,(f nd the variance will not be injurious to the neighborhood or detrimental to the public welfare. 7,4.104-7-- / 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 VARIANCE EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70-348(4)1 -WA 4A-z- A d4.4.etwaZ "te_41.eweLtmi i e 6 ' 0 0 - 1 4 4 _ , , For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 200 'd Page 2 of 2 999 1 E9Z E98(X8d) aeg043aa5l0 }o 64T 0St21 (3f1)Z002- 8t -]3n 49.50 This Document Prepared By and Return to: CONELY & CONSLY, P.A. TOM W. CONELY, III 401 N.W. 6TH STRUT P.O. DRAWER 1367 OAEBCHOBEE, PL 34973 -1367 Parcel ID Number: 3-15-37-35-0010-01480-0010 Grantee #1 TIN. Grantee #2 TIN: Warranty Deed 111111111111111 1 111 FILE NUM 397905 OR L'K OOS11 PG 1160 SHARON ROBERTSON. CLERK OF CIRCOIT COURT DY.EECNOBEE COUNTY, FL RECORDED 09/18/2003 04:54:48 PM RECORDING FEES 10.50 DEED DDC 350.00 RECORDED BY N Arnold -701 Pmd,_ This Indenture, Made this 27th day of June , 2003 A.O.. Between FRED B. CAGLE of the county of , State of Florida ,grantor, sod DAVID NUNEZ, JR. and ANITA S. NUNEZ, his wife whose address is: of the County of Witsesseth 2085 S.E. 4th Street, Okeechobee, FL 34974 Okeechobee s,am of Florida ,grantees. that the GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEES and GRANTEES' heirs. successors and assigns forever, the following described land, situate, ty;ng and hang cn the County oi Okeechobee sta,e of Florida to two See Exhibit "A" attached hereto. THE PROPERTY HEREIN CONVEYED DOES NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 3lst, 2002. and the grantor does hereby fully warrant the tide to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set his had and seal the day and year first above written Signed, /seeaayleddd and delive our presence: ��ji�s�� 4 maw ronTRLv 441c4; FRED H. CAGLE (Seal) EXHIBIT "A" OR BK 40511 PG 1161 The South 99 feet of the following contiguous parcels of land (consolidated), lying in and comprising a part of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: All of Block 148, OKEECHOBEE, according to the plat thereof recorded m Plat Book 5, Page 5, public records of Okeechobee County, Florida. ALSO: BEGINNING at a point where the North boundary line of North Park Street, extended West, intersects with the West boundary line of Block 148, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, if extended South, said point being 70 feet East ofthe Southeast corner of Block 149 of said plat of Okeechobee; thence run Northeasterly 126.9 feet; thence run East 55 feet, more or less, to the Western shore line of the Onoshohatchee River, now known as Taylor Creek; thence run Southerly, along the Western shore line of said Taylor Creek, to the intersection with the North boundary line of said North Park Street; thence run West 83.2 feet to the POINT OF BEGINNING. ALSO BEGINNING at a point of intersection 148.26 feet East of the East boundary line of Block 149, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, measured at right angles to and 100 feet North of the North boundary line of North Park Street; thence run Northeasterly and parallel to the East boundary of said Block 148 and 70 feet therefrom, for a distance of 223.6 feet; thence run East on the South line ofN.E. Street (formerly Eighth Street), for a distance of 59 feet to the Western shore line of the Onoshohatchee River, now known as Taylor Creek; thence run Southwesterly, along the Western shore line of said Taylor Creek, for a distance of 225 feet; thence run West 55 feet to the POINT OF BEGINNING. ALSO: All that part of RIVERSIDE DRIVE, according to the plat thereof recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida, (now vacated, abandoned and closed), extending from the East boundary line of N.E. 7'" Avenue (formerly Oklocknee Street), where the same intersects with the North boundary line of North Park Street, and North to the South boundary of N.E. 2 "d Street (formerly Eighth Street), if extended East. The lands described in paragraphs 2, 3 and 4, above, as shown on the plat of RIVERSIDE DRIVE as recorded in Plat Book I, Page 22, public records of Okeechobee County, Florida. LESS AND EXCEPT the South 8 feet, thereof, taken for State Road right -of -way. This Instrument Prepared By and Return to: CONELY & CONELY, P.A. TOM W. CONELY, III, ESQUIRE Post Office Drawer 1367 Okeechobee, FL 34973 -1367 Parcel Number: 3-15-37-35-0010-01480-0020 Grantee #1 TIN: 589-24 -9449 Grantee #2 TIN: 592-22-0005 :)I \\l `r '%' J „n - 1 J V V Documentary Stamps . - . in the amount of $ Stop. Class C intangible Tax paid in the amount of $ —0— Sharon Robertson, Clerk of Circuit Court . Okeechobee County. Florida BY' Date: q-/z -2000 D.C. WARRANTY DEED THIS WARRANTY DEED made the 1.-214 day of September, A.D., 2000, by CHAD EARL THOMAS, JOINED BY KRISTY THOMAS HIS WIFE and TAMMY J. THOMAS, hereinafter called "Grantor", to DAVID NUNEZ, JR., and ANITA NUNEZ, his wife, whose post office address is 1748 S.E. 6th Lane, Okeechobee, FL 34974, hereinafter called "Grantee ": (Wherever 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) WITNESSETH: That the grantor, for and in consideration of TEN 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. The real property conveyed hereby is not the homestead or residence of TAMMY J. THOMAS and is not contiguous or adjacent to the homestead or residence of TAMMY J. THOMAS. Subject to covenants, restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1999. TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in 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 whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1999. 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: /1 EXHIBIT "A" `:ITV `t• 'j 'n"I J IV 1oLb All of Block 148, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. ALSO: BEGINNING at a point where the North boundary of North Park Street, extended West, intersects with the West line of Block 148, extended South, said point being 70 feet East of the Southeast corner of Block 149 in OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida; thence run Northeasterly 126.9 feet; thence run East 55 feet, more or less, to the Western shoreline of the Onoshohatchee River, now known as Taylor Creek; thence run Southerly, along the shoreline of said Creek, to the intersection with the North line of North Park Street; thence run West 83.2 feet to the POINT OF BEGINNING. Lying in and being a part of the SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, according to the plat thereof recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida. ALSO: BEGINNING at a point of intersection 148.26 feet East of the East line of Block 149 in OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, measured at right angles and 100 feet North of the North boundary of North Park Street; thence run Northeasterly and parallel to the East boundary of Block 148 and 70 feet therefrom, for a distance of 223.6 feet; thence East on the South line of 8th Street (n /k /a N.E. 2nd Street), 59 feet to the West shoreline of the Onoshohatchee River, now known as Taylor Creek; thence run Southwesterly, along the West shoreline of said Creek, 225 feet; thence run West 55 feet to the POINT OF BEGINNING. Lying in and being a part of the SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, according to the plat thereof recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida. ALSO: All that part of Riverside Drive in the Town of Okeechobee, as shown on the SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, according to the plat thereof recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida, extending from the East boundary of Oklocknee Street (n /k /a N.E. 7th Avenue), where same intersects with the North boundary of North Park Street, North to the South boundary of 8th Street (n /k /a N.E. 2nd Street), according to the plat of OKEECHOBEE as recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. All of the above described lands lying in and comprising a part of the SWi of Section 15, Township 37 South, Range 35 East. LESS AND EXCEPT the South 99 feet from the consolidation of above described parcels of land; being a combination of those parcels of land described in O.R. Book 240 at page 1852 and O.R. Book 374 at page 535, public records of Okeechobee County, Florida. November 27, 2007 FM: Anita Nunez Okeechobee, Fl 34972 TO: City of Okeechobee Zoning Board Members The in ; nded future use of the property is for a Commercial Plaza. to Nunez November 27, 2007 FM: Anita Nunez Okeechobee, F134972 TO: City of Okeechobee Zoning Board Members To the best of my knowledge the information and statements for this application p, - sented are true and accurate. 7 Arcata Nunez CLRVEY OF: 30 15 0 30 SCALE : AS SWIM TYPI CAL •LECfb ( WHERE APPLICABLE -SEE 0545150) PRIM- PERMANENT REFERENCE MONUMENT PCP-PERMANENT CONTROL POINT CHF- CONCRETE MAW EOM CMS- CONCRETE (0)6(141 SET RBF-REEAR FOUND RBS-REBAR SET N /Cap No. 6178 IPF -IRON PIPE EOUID UTS- 11ITTEED TELEPHONE SERVICE FPL- FLORIDA POWER A LIGHT CO. (E)-FIELD MEASURE (91-AS PER PLAT S /T- SSOPPT IDISTANCE ANK NI) N PER . FC -FENCE CORNER PP -POWER POLE CWP- CORRIKL NET. PIPE T0B -TOP OF BANK RCP-REINF, CONC, PIPE CB -CATCH BASIN —oc— FENCE LINE U6 -WATER 01EP OUt4 QPVEYOR f1OTE6 1. Bearings shown are relative assuming N00•06 MK along E.R /W N.E.7th Avenue. 2. This survey (a based on Information . provided by the customer /agent and no search was made of public records by This office to verily or deny owners, easements,or rlght -of ways. 3. No vlelble or underground improvement has been located except as shown. 4. This survey Is not 80180 without the signature and the original ralsed seal of a Florlda Licensed Surveyor and mapper. 5 ACCCrdIng to FIRM map dated 2/04/1981 cane, v 120177 02000, parcel Iles In Net Included Area of City LimltS, Fiond 7nne r ner OAaerhnhea County tnat are not recorded on tn15 Survey that may be found In the Public Records. ALL OF BLOCK 148, OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECOPOS OF OKEECHOBEE COUNTY, FLORIDA. ALSO. BEGINNING AT A POINT WHERE THE NORTH BOUNDARY LINE OF NORTH PARK STREET, EX- TENDED NEST, INTERSECTS WITH THE NEST 000NOARY LINE OF BLOCK 148, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, IF EXTENDED SOUTH, SAID POINT BEING 70 FEET EAST OF THE SOUTHEAST CORNER OF BLOCK 149 OF SAID PLAT OF OKEECHOBEE: THENCE RUN NORTHEASTERLY 126.9 FEET; THENCE RUN EAST 55 FEET, MORE OR LESS. TO THE WESTERN SHORE LINE OF THE 000050HATCHEE RIVER, NOW KNOWN AS TAYLOR CREEK; THENCE RUN SOUTHERLY, ALONG THE WESTERN SHORE LINE OF SAID TAYLOR CREEK, TO THE INTERSECTION WITH THE NORTH BOUNDARY LINE OF SAID NORTH PARK STREET; THENCE RUN WEST 83.2 FEET TO THE POINT OF B£61NNING. ALSO: BEGINNING AT A POINT OF INTERSECTION 140.26 FEET EAST OF THE EAST BOUNDARY LINE OF BLOCK 149, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA, HEASUREO AT RIGHT ANGLES TO AND 100 FEET NORTH OF THE NORTH BOUNDARY LINE OF NORTH PARK STREET; THENCE RUN NORTHEASTERLY AND PARALLEL TO THE EAST BOUNDARY OF SAID BLOCK 14B AND 70 FEET THEREFROM, FOR A DISTANCE OF 223.6 FEET; THENCE RUN EAST ON THE SOUTH LINE OF WE 2N0 STREET (FORMERLY EIGHTH STREET). FOR A DISTANCE OF 59 FEET TO THE WESTERN SHORE tINE OF THE 050500HATCHEE RIVER, NON KNOWN AS TAYLOR CREEK; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN SHORE LINE OF SAID TAYLOR CREEK. FOR A DISTANCE OF 225 FEET; THENCE RUN WEST 55 FEET TO THE POINT OF BE- GINNING. ALSO: ALL THAT PART OF RIVERSIDE DRIVE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1. PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA (NON VA- CATED, ABANDONED AND CLOSED), EXTENDING FROM THE EAST BOUNDARY LINE OF N.E. 7TH AVENUE (FORMERLY OKLOCKNEE STREET), WHERE THE SAME-INTERSECTS WITH THE NORTH BOUNDARY LINE OF NORTH PARK STREET, AND NORTH TO THE SOUTH BOUNDARY OF N E. 2N0 STREET (FORMERLY EIGHTH STREET). IF EXTENDED EAST. THE LANDS DESCRIBED IN PARAGRAPH 2. 3 AND 4, ABOVE, AS 000101 ON THE PLAT OF RIVERSIDE DRIVE AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEE- CHOBEE COUNTY, FLORIDA. LESS. AND EXCEPT THE SOUTH 0 FEET THEREOF. TAKEN FOR STATE RDAO RIGHT-OF-WAY CC OAV I P $ AN I TA NUNEZ 611 0 5178 LS +6495 LdE FLO. GATE. 9 /6/07 G= c x � 0 GRAPHIC SCALE 50 25 75 ( IN FEET ) 1 inch = 50 ft. 38" RCP RBF NW CORNER RESIDENCE 2.2'E, 1.7 S. W P ~ CUT CURB E = Z ▪ 1 3 CURB & • GUTTER Uj § bd r- OVERHEAD POWER RBF W /CAP NO. 5081 F.C. 0.2E., 0.7'N. N.E. 2ND STREET EIGHTH STREET (PER PUT) 70' R/W 0. R. 511/1166 RESIDENCE 36" RCP 589'31'17 "W 99.95 RBF N89'29'55 "W 183.01 ' 2 STORY o (100.11') TO POL ryQp RESIDENCE 9} RBF / /CAP / NO /5081: POL try co 1�7 (27.7) BLOCK 148 / N / / DAVID & ANITA NUNEZ / / rn° 3 44, / CONTAINING 1.3 ACRES ± its ! O / Re 16L:to =ry c OVERHEAD POWER RBF W /CAP NO. 5081 F.C. 0.1'E., 0.8'N. CURB CUT WATER J METER CATCH BASIN • /R8F W /CAP `. NO. 5081, POL 2 S89'58'S0 "E / 167.24' — S00.07'19 "W ® 90.87' % SEPTC TANK (159.87) /TO POL 0 STORY'a'(C( R OFFICE 9.9' r'...': Cl W C: / (27.7) ..,` \5, N(SO. 81 TO/POL h5�'51 S89'58'� "E 81..29' ` UCHT 44') / VALVE RBF W /CAP NO. 5081: POL BRIDGE S.R 70 - NORTH PARK STREET /ARIES - ASPHALT 6- EASTERN PROPERTY UNE FOLLOWS THE W. TOP OF BANK November 27, 2007 FM: Anita Nunez Okeechobee, Fl 34972 TO: City of Okeechobee Zoning Board Members I am requesting a variance to a zero lot line on the property submitted. This will allow me to make the best maximum use of my property. South Florida Water Management has a 130 foot easement from the center of Taylor Creek Canal onto the property, this encroachment takes a large amount of land into play on the East side of the property in review. nk you for your nsideration in this matter, to Nunez -d: th,t) Lif 7QJ • T-u-kuut v, 0 s-kara,r3+- D_SearchResults Okeechobee County Property Appraiser Last Updated: 11/26/2007 Parcel ID: 3- 15- 37 -35- 0010 - 01480 -0010 Owner & Property Info Retrieve Tax Record Owner's Name NUNEZ DAVID )R & ANITA S Site Address 701 NE PARK ST, Okeechobee Mailing Address 2085 SE 4TH STREET OKEECHOBEE, FL 34974 Brief Legal CITY OF OKEECHOBEE THE S 99 FT OF FOLLOWING DESC PROPERTY: ALL BLOCK 148 AND Total Land Area 0.721 ACRES Neighborhood 518630.00 Tax District 50 UD Codes 374/535 Market Area 40 DOR Use Code STORES /1 S (001100) The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planing & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (2) $155,886.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $10,869.00 XFOB Value cnt: (6) $2,210.00 Total Appraised Value $168,965.00 Sales History Page 1 of 2 2007 Certified Values Interactive GIS Map 1 Property Card « Prev GIS Aerial Print Search Result: 25 of 29 Next » torrrrr• rirrrrr err rir�r 97 194 291 388 485 562 579 f 2007 Proposed Values Just Value $168,965.00 Class Value $0.00 Assessed Value $168,965.00 Exempt Value $0.00 Total Taxable Value $168,965.00 Sale Date Book/Page Inst. Type Sale VImp Sale Qual Sale RCode Sale Price 6/27/2003 511/1160 WD I U 03 $50,000.00 1/25/1996 374/535 WD I U _ 03 $60,000.00 ,3/1/1970 118/859 WD I U 03 $0.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc , Year Blt Heated S.F. Actual S.F. Bldg Value Show Sketch 2 L C OFFICE (005000) 1968 600 600 $10,869.00 Extra Features & Out Buildings - ( Show Codes ) Code Desc Year Blt Value Units Dims Condition (% Good) FENC 1 4'C /LINK 1971 $451.00 195.000 0 x 0 x 0 PD (50.00) CONC B COM SLB WL 1996 $307.00 388.000 0 x 0 x 0 PD (50.00) CONC B COM SLB WL 1996 $1,109.00 936.000 0 x 0 x 0 PD (75.00) FENC P 6'1/2 "PINE 2006 $57.00 16.000 0 x 0 x 0 PD (75.00) LWI1 LGHT W ICD 2006 $45.00 1.000 0 x 0 x 0 PD (25.00) Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067EP1 HWY 70 E (MKT) 99.000 FF - (.159AC) 1.00 /1.00 /1.00 /1.00 _ $864.00 $85,536.00 067EP3 SIDE STREE (MKT) 201.000 FF - (.562AC) 1.00 /1.00 /1.00 /1.00 $350.00 $70,350.00 Okeechobee County Property Appraiser Search Result: 25 of 29 http: / /www.okeechobeepa.com /GIS /D_SearchResults.asp Last Updated: 11/26/2007 12/5/2007 Okeechobee County Property Appraiser - Map Printed on 12/5/2007 10:46:55 AM Page 1 of 1 3- 153735-0010 -01480 -0010 NUNEZ DAVID JR . ANITA S 0,721AC 1 6.27,200.3 - $50.000 -ILU Okeechobee County Property Appraiser W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863- 763 -4422 PARCEL: 3- 15- 37 -35- 0010 - 01480 -0010 - STORES /1 5 (001100) CITY OF OKEECHOBEE THE S 99 FT OF FOLLOWING DESC PROPERTY: ALL BLOCK 148 AND Name: NUNEZ DAVID JR & ANITA S LandVal $155,886.00 Site: 701 NE PARK ST, Okeechobee BldgVal $10,869.00 Mail: 2085 SE 4TH STREET ApprVal $168,965.00 OKEECHOBEE, FL 34974 JustVal $168,965.00 Sales 6/27/2003 $50,000.001 / U Assd $168,965.00 Info 1/25/1996 $60,000.001 / U Exmpt $0.00 3/1/1970 $0.001 / U Taxable $168,965.00 This information, Last Updated: 11/26/2007, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http: / /www.okeechobeepa.com /GIS/ Print _Map.asp ?pjboiibchhjbnligcafccj fhojiaehdomhloankkimfbpfhb... 12/5/2007 12/06/07 City of Okeechobee P1nning Department A Betty est for Postponement David & Anita Nunez, Jr 610 N. Parrott Ave. Okeechobee, Fl. 34972 863-467-0611 863-467-0610 P1ase postpone the requested Variance application #07-002V for the imum extension time, approximately March 2008 meeting date. Thank you for your attention to this matter. Fax One page 763-1686 "UV!. et,„. 1:39Ud , 0190 L9t7 298 00S 0 S2:k1 L002-90-21 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 Email: infoAlarue- planning.com LaRue Planning & Management Services, Inc. Staff Report - Variance Request Prepared for: The City of Okeechobee Applicant: David & Anita Nunez Petition No. 07-002-V Staff Report Variance Request Applicant: David & Anita Nunez Petition No.: 07 -002 -V General Information Owner: Owner Address: Contact Person: Contact Phone Number: Fax: Property Characteristics Future Land Use Designation Zoning District Acreage Location David & Anita Nunez 610 N. Parrott Avenue Okeechobee, FL Anita Nunez or Tom Murphy Anita Nunez: 863 -634 -1289 Tom Murphy: 863 - 467 -0611 863- 467 -0610 Existing Commercial CHV 1.3 108 NE 7th Avenue Proposed Commercial CHV 1.3 Legal Description of Subject Property: ALL OF BLOCK 148, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. ALSO, BEGINNING AT A POINT WHERE THE NORTH BOUNDARY LINE OF NORTH PARK STREET, EXTENDED WEST, INTERSECTS WITH THE WEST BOUNDARY LINE OF BLOCK 148, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, IF EXTENDED SOUTH, SAID POINT BEING 70 FEET EAST OF THE SOUTHEAST CORNER OF BLOCK 149 OF SAID PLAT OF OKEECHOBEE; THENCE RUN NORTHEASTERLY 126.9 FET; THENCE RUN EAST 55 FEET, MORE OR LESS, TO THE WESTERN SHORE LINE OF THE ONOSHOHATCHEE RIVER, NOW KNOWN AS TAYLOR CREEK; THENCE RUN SOUTHERLY, ALONG THE WESTERN SHORE LINE OF SAID NORTH PARK STREET; THENCE RUN WEST 83.2 FEET OT THE POINT OF BEGINNING. ALSO, BEGINNING AT A POINT OF INTERSECTION 148.26 FEET EAST OF THE EAST BOUNDARY LINE OF BLOCK 149, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, MEASURED AT RIGHT ANGLES TO AND 100 FEET NORTH OF THE NORTH BOUNDARY LINE OF NORTH PARK STREET; THENCE RUN NORTHEASTERLY AND PARALLEL TO THE EAST BOUNDARY OF SAID BLOCK 148 AND 70 FEET THEREFROM, FOR A DISTANCE OF 223.6 FEET; THENCE RUN EASE ON THE SOUTH LINE OF N.E. 2ND STREET (FORMERLY EIGHTH STREET), FOR A DISTANCE OF 59 FEET TO THE WESTERN SHORE LINE OF THE ONOSHOHATCHEE RIVER, NOW KNOWN AS TAYLOR CREEK, THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN SHORE LINE OF SAID TAYLOR CREEK, FOR A DISTANCE OF 225 FEET; THENCE RUN WEST 55 FEET TO THE POINT OF BEGINNING. ALSO: 2 Staff Report Applicant: David & Anita Nunez Variance Request Petition No.: 07 -002 -V ALL THAT PART OF RIVERSIDE DRIVE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA (NOW VACATED, ABANDONED AND CLOSED), EXTENDING FROM THE EAST BOUNDARY LINE OF N.E. 7TH AVENUE (FORMERLY OKLOCKNEE STREET), WHERE THE SAME INTERSECTS WITH THE NORTH BOUNDARY LINE OF NORTH PARK STREET, AND NORTH TO THE SOUTH BOUNDARY OF N.E. 2ND STREET (FORMERLY EIGHTH STREET), IF EXTENDED EAST. THE LANDS DESCRIBED IN PARAGRAPH 2, 3 AND 4, ABOVE AS SHOWN ON THE PLAT OF RIVERSIDE DRIVE AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LESS AND EXCEPT THE SOUTH 8 FEET THEREOF, TAKEN FOR STATE ROAD RIGHT - OF -WAY. Description of the Requested Variance The applicant is requesting a variance from the required front setbacks along NE 7th Avenue and unimproved NE 2nd Street to allow "0" setback from the north and west property lines. Front setback requirement is 20 feet for buildings, 10 feet for parking and driveways. Required setbacks at north end of property are 20 feet one side and 15 feet for the other (corner location). Background The subject property encompasses approximately 1.3 acres with practical roadway frontage limited to that on NE 7th Avenue. While there is about 80 feet of frontage on SR 70, about half of this is part of a SFWMD easement running through the property along the west side of Taylor Creek for a depth ranging from 45 feet to about 80 feet from top of bank of Taylor Creek. It appears that all access to the property will be from 290 feet of frontage on NE 7th Avenue. There is what appears to be a drainage ditch between the northern property line and the right -of -way of unimproved NE 2nd Street that would presumably prevent access to the property from that roadway, even if it were improved. There is a small structure in the south westernmost corner and another in the northwest corner of the property. Subject Site and Surrounding Area In addition to the subject site, the Applicant also owns three other nearby properties; two parcels bordering Taylor Creek, and the property on the east side of NE 7th Avenue on the north side of unimproved NE 2nd Street. The two parcels bordering Taylor Creek are vacant, comprise just over one acre, and both are designated Single Family on the FLUM and zoned H (holding). The parcel to the north of the subject is designated Single - Family on the FLUM, zoned RMF and contains two structures and appears to be in single - family use. 3 Staff Report Applicant: David & Anita Nunez Variance Request Petition No.: 07 -002 -V On the west side of NE 7th Avenue directly across from the subject property is a commercial structure identified as the Azteca Bar and Grocery Store by the Applicant. The building is apparently is constructed on or near the eastern property line alone NE 7th Avenue. The property to the north of the Azteca parcel is shown in the Property Appraiser's file as single - family, but appears to also be used for parking for the Azteca business. Both these properties are designated Commercial on the FLUM and zoned CHV. The property farther north, across unimproved NE 2nd Street on the west side of NE 7th Avenue, is designated Multi- family on the FLUM, zoned RMF and is in single - family use. The future land use designations, zoning and existing uses of these surrounding properties are presented on the maps and aerial provided at the end of this report. Findings The Applicant has provided brief responses to the standards for granting a variance (Sec. 70- 374(b) and findings required under Sec. 70- 374(c). Staff does not feel the responses demonstrate a legitimate hardship and generally are not convincing of the justification for the requested variances. Therefore, Staff offers the following findings: A. Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. The Applicant states that the subject is the only commercial parcel in the area bordering Taylor Creek. This is incorrect; all parcels in the four quadrants of the intersection of Taylor Creek and SR 70 are zoned for commercial use. B. The special conditions and circumstances do not result from actions of the applicant. The Applicant has claimed that the special condition (i.e., the presence of the SFWMD easement) goes back to the previous owner. This is not an adequate basis for a variance. When the property was purchased, the Applicant should /would have been aware of the easement and the fact that the purchase price reflected any reduction in utility or development potential that could be attributable to the easement. The request for a variance to allow a zero setback is merely an attempt to regain utility without having to pay price such utility would have brought initially. C. Literal interpretation and enforcement of the Land Development Regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Regulations, and would work unnecessary and undue hardship on the applicant. 4 Staff Report Applicant: David & Anita Nunez Variance Request Petition No.: 07 -002 -V Enforcement of the Code in this case would not deprive the applicant of the rights commonly enjoyed by others in this Zoning District. The Applicant has noted that the property to the west has a zero setback on both the south and east property lines. While this may be true, Section 70- 374(a)(3) prohibits using this as the basis for granting a variance. Specifically, the section reads as follows: "Establishment or expansion of a use or density otherwise not permitted shall not be allowed by variance, nor shall a variance be granted because of the presence of other nonconforming structures or use in the zoning district or adjoining district." Further, no legitimate hardship has been evidenced; the Applicant has merely stated that the project would not fit on the property without the requested variances. Presumably this is an economic matter, which, by virtue of Sec. 70- 374(a)(4) does not qualify as grounds for a variance. D. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. While the Applicant has submitted a proposed site plan, no evidence has been provided that indicates that zero setbacks are necessary for all three buildings to be located along the periphery of the project in order to make for a reasonable use of the property. E. Granting the variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Regulations to other land or structures in the same zoning district. The Applicant has stated that the proposed project will be an asset to the City. While this may indeed be the case, such a statement does not mean that an alternative, smaller, project that meets, or more closely meets, the requirements of the Land Development Regulations would not also be an asset to the City. It is preferable to avoid conferring upon one particular owner, without demonstration of a legitimate hardship, rights and privileges that are not available to others in the same zoning district. F. Granting the variance will be compatible with the intent and purpose of the Land Development Regulations, and the variance will not be injurious to the neighborhood or detrimental to the public welfare. In light of the fact that the drainage ditch on the south side of NE 2nd Street will most likely prevent access to the parcel from NE 2nd Street, a reduced setback, possibly even a zero setback, may not be incompatible or injurious to the neighborhood. It is also possible that with provision of a wide sidewalk and landscaped area along NE 7th Avenue, a reduced setback of perhaps ten feet 5 Staff Report Variance Request Applicant: David & Anita Nunez Petition No.: 07 -002 -V rather than the required 20 feet along that property line could be considered inappropriate. Recommendation: While we do not believe that a well - designed project at this location with reduced street side setbacks would be necessarily inappropriate, the Applicant has failed to convince the Staff that the required findings can be made based on the information submitted by the Applicant. Our concern particularly relates to the lack of a legitimate hardship and lack of support for the extent of the variance being the minimum necessary to make reasonable use of the property. Staff recommends denial of the request for zero setbacks along the north and west boundaries of the subject property. Submitted by: James G. LaRue, AICP Planning Consultant January 9, 2008 Future Land Use Map Zoning Map Property Appraiser's Aerial Photograph Hearing Planning Board — January 17, 2008 6 Staff Report Variance Request Applicant: David & Anita Nunez Petition No.: 07 -002 -V City FLUM N.E. 2ND STREET SUBJECT ',OMMERCL• COMMERCIAL 7 Staff Report Variance Request Applicant: David & Anita Nunez Petition No.: 07 -002 -V City Zoning Map 1 Ir 1 r u wr IMF N.E. 6TH AVENUE 8 Staff Report Variance Request Applicant: David & Anita Nunez Petition No.: 07 -002 -V EXISTING LAND USE ( *INDICATES ALSO OWNED BY APPLICANT) 9 GRAPHIC SCALE 30 0 15 45 t { 1R FEET 1 Inch 4. 30 1t ;MUM. NCRA ryy E tey�� FrIi�y+f4 w6�� . wwnMtt� .iyl�e -If wawa r ewes. enr wty4nts .w Mews 5 4r —MW trim h7 -Yi4M *4*M pfy LWS. S,41:4471..4 1—.V , 7. d Aovewa GMIY • TMr• �y Re flANt * ret*4wm M et44 47 M ett a /wy Out wn a Fe* N me Mak Roar. 36. RC. die emus= N.E. 2ND STREET 4Q4114 STREET (PER PLAT) / 70' R/W EASTERN PROPERTY LENE FOLLOWS IRE W TOP OF BANK 58911'tlW 99.95 09F N8929'55'1.4 ?.::King (( 5,400 SF 5 iieinq / 3 4,000 SF 9uetling N 2 2.233 sr RBF W /CAP NO. 5081 F.C. 0.1'E.. 0.8'N. l ROF W /CAP NO. 5081: POL BRIDGE S.R. 70 — NORTH PARK STREET ft/IN VARIES — ASPHALT J/ The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of 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 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. L z \ )at C ^� Sworn to -and subscribed before me this 114r=- I day of l >. �_�, ( '� � A.D. 20 (. Np(afy Public, State of Florida at Large 2 NOTICE OF C0NSl0EMfl0N OF PROPOSED VARIANCE NOTICE: A PUBLIC HEARING will be held before the City of Okeechobee Planning Board/Board of Adjustment and Appeals on Thursday, January 17, 2008 at 6:00 p.m. or as soon thereafter as possible. The meeting will be held at City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Rai - da. To consider a VARIANCE creating a 5 foot offset visibility triangle within a Heavy Commercial (CHI!) Zoning District. (ref. Code Book Sec. 66-T visibility triangle) submitted by John Raddatz, on behalf of properly owner(s) Southeast Milk, Inc. The subject properly is located at 1005 Southwest Park Street Legal description: Lots 1 through 20, inclusive, of Block 1, Southwest Addition to Okeechobee, according to the plat thereof recorded in Plat book 2, Page 7, Public Records of Okeechobee County, Florida. A copy of the entire application(s) and agenda are available in the General Services Office, Rm 101 at City Hall or by caging Betty Clement at (863) 763 -3372 x 218. Please be advised that the Board of Adjustment and 4peat will serve as the de- cision eial dng body (quasi-judicial), on behalf of the City, to approve or deny Vari- ances. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of Adjustments and Appeals with respect to any mat- ter considered at this meek or hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media is for the sole purpose of backup for official records of the department In accordance with the Americans with Disabilities Act (ADA) and Ronda Statute 286,26, persona with disabilities needing special accommodation to participate in this proceeding should contact Betty Clement no later than two (2) working days prior to the proceeding at 863 - 763.3372 x 218; if you are hearing or voice im- paired, call MD 1-800-222-3448 (voice) or 1- 888 -447 -5620 (TTY). BY: Brian Whitehall, Zoning Administrator • Petition No. 08 -001 -V 254731 ON 1/2,11/08 pkON P'& Janetta Thiboult ° Commission # CD505311 o� Expires January 10, 2010 9� ar 00- Bonded Troy faro Insurance Inc 800. 385-7019 - -J City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: (.--/ 19/0 g A ; Petition No. , : ,1 /, ; : - - N , Fee Paid:,,? , r ) Jurisdiction: 1st Hearing: ' � � ,1 2nd Hearing: Publication Dates: bO bh .cI p C. - 67, f;-/&0,-- lA T: Contact person daytime phone(s): 4/4/7 - �() 769 Notices Mailed: Existing zoning: Fka v y 1 1 A f Future Land Use classification: J� , • / C(�r�'1��'C rCt_.( C f�rl"l�rC lG�t Uniform Land Use Application Rezone • Special Eacention • Variance ✓ Name of property o-wner(s): ,�oU� y12c�-� Y r l f� �nC A ; � Owner mailing address: 100. &)/' .3 two & hi1 ie vi L 34 /-/-? P j Name of applicant(s) if other than owner (state relationship): John ejy-2. 1 . Applicant mailing address: /005 S'j v p�rJ , ,, 6,�L'LL' �,L,,, 1 L � jL /Q7, / 7 c Name of contact person (state relationship): � j i, bO bh .cI p C. - 67, f;-/&0,-- lA T: Contact person daytime phone(s): 4/4/7 - �() 769 Fax: 1-1Y7—&A / ✓ Property address / directions to property: /00,S. Ste/ 6_,,,l_ J4 agea� / 31./474 P R 0 P E: } Indicate current use of property: itiholet.iC ± ep-6_,L1 D 1 l \t t n[ c y rvr4 Glued', Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): .Se (3 -z %;6d, desert ?f i,Jr) Approximate number of acres: t 5 Is property in a platted subdivision? No o Is there a current or recent use of the property that that is /was a violation of county ordinance? If so, describe: Al /l o Have there been any land use applications concerning all or part of this property in the Iast year? If so, indicate date, nature and applicant's name: 5 _ 10 _O--1 _ SE-� CAL wt r IC4n(e_ — : iz h ,✓i eizti '2 R Is a sale subject to this application being granted? f u �" I, Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the(7t/ North: 63,11,1 /1'1c? r(,. i al South: S . ' . in IT �C'S idei iLU East: West: 6/27i1 r-C' i at Existing zoning: Fka v y 1 1 A f Future Land Use classification: J� , • / C(�r�'1��'C rCt_.( C f�rl"l�rC lG�t Actions Requested: ( ) Rezone ( ) Special Exception (). ) Variance Parcel Identification Number: .3-,2 l - 3.-7 - 35 - 01-70- O0)10 - 6010 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 summary denial of this application. %gnature Printed Name 1/(77/7 d `7 Date / Uniform Land Use Application (rev. 1/03) Page 1 of 2 Uniform Land Use Application (rev. 1/03) Page 2 of 2 Current zoning classification: Requested zoning classification : R E Z 0 N E What is your desired permitted use under the proposed classification: Are there other similar uses in the area? Is so, describe: If granted, will the new zone be contiguous with a like zone? I f business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Is a Special Exception necessary for your intended use? Variance? Uniform Land Use Application (rev. 1/03) Page 2 of 2 Describe the Special Exception sought S P E C I A L E X C E P T 1 p N Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: Why would granting your request be in the best interest of the area and residents? I f business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Uniform Land Use Application (rev. 1/03) Page 2 of 2 Describe Variance sought: a-14-a61-led -14-a61-led d Oyez r i11- -ii - V A R I N C E Describe physical characteristic of property that makes variance necessary: ciee, a -f-f -t cd,c cl de sec I Id/ ] Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? ,S-ec. a -M2 e"'( Zescr, ton Uniform Land Use Application (rev. 1/03) Page 2 of 2 STANDARDS FOR GRANTING A VARIANCE (Sec. 70- 374(b), page CD70:20 in the LDRs) Applicants are required by Sec. 70- 374(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 variance is needed to overcome a hardship caused by the unique physical conditions of the site [and not merely for economic reasons or the convenience of the applicant]. There is currently a mobile office on the property and a metal building used as storage. Almost the entire site is paved since this site used to serve as a fuel tanker storage yard and later a milk tanker storage yard. The Southeast Milk Inc. is planning to add a retail center to the front of the existing storage building and a metal storage building south of the existing storage building. Please see the attached exhibit for a proposed layout of the site after the improvements have been made. The existing buildings are currently being used and occupied as a retail outlet for their customers. The City of Okeechobee TSR recently approved the site plan presented with the requirement that the proposed building had to be reconfigured to be out of the visibility triangle. 2. Specify the minimum variance required including height, lot area, size of structure, size of yard, setback, buffer or open space. [Applicant should explain why the requested variance is the minimum necessary to overcome the hardship.] The plan as approved by the City of Okeechobee TRC does encroach into the visibility triangle as defined in the City's LDR Section 66 -1, however, according to FDOT's requirements, a visibility triangle is much less distance on the side street and longer on the main corridor. FDOT's visibility requirements are included in this package. The variance required from the visibility triangle is approximately 6.5' along the east property line or approximately 4.6' perpendicular to the visibility triangle according to Section 30 -46 of the City's LDRs. Page 1 of 2 FINDINGS REQUIRED FOR GRANTING A VARIANCE (Sec. 70- 374(c), page CD70:20 & 21 in the LDRs) It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed variance 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. Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. This variance is required due to the location of the existing building. The existing building was build on the east property line, so to extend this building and honor the 35' x 35' visibility triangle would make the proposed building expansion odd looking and unattractive for SR 70 W, when the owner is trying to improve the appearance in the area. 2. The special conditions and circumstances do not result from actions of the applicant. The applicant did not create the special conditions or circumstances. 3. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant. During the Technical Site Plan Review, the City stated the plan could not be approved as drawn due to encroachment of the building on the visibility triangle as defined in the City's LDR Section 66 -1. During a review of visibility triangles, there is much variability from one jurisdiction to the next from as little as 20' along each property line to the 35' required in the City of Okeechobee and according to FDOT 's requirements, a visibility triangle is much less distance on the side street and longer on the main corridor. FDOT's visibility requirements are included in this package. The variance required from the visibility triangle as defined in City of Okeechobee 's LDR Section 66 -1 is approximately 6.5' along the east property line or approximately 4.6' perpendicular to the visibility triangle according to Section 30 -46 of the City's LDRs. 4. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. The minimum variance required is 7' along the east property line or 5' perpendicular to the visibility triangle. 5. Granting the variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoning district. The applicant will only receive the same privilege as others in the City who have violated the visibility triangle at many other locations within the City. 6. Granting the variance will be compatible with the intent and purpose of the Land Development Code, and the variance will not be injurious to the neighborhood or detrimental to the public welfare. This variance will be compatible with the intent of the Land Development Code and will not be injurious to the neighborhood or detrimental to the public welfare. As shown on the FDOT visibility triangle, the setback on the side street is 14.5' from the edge of pavement, which this project falls within their visibility triangle. This variance will enhance the look of the building. Page 2 of 2 30 . e ecers ..Noel cc .o. This Itarranty Deed blade and Pa 132 tzt 611 ,.d the L2- day of November •AMCO ,asst ae' A. D. 19 711,7 RIDGE TANKLINES, INC. a corporation existing under the law, of Florida . and laving Ifs principal place of &talons at Okeechobee, Florida hereinafter called the g.onler. to LACY R. BATTON and KATHERINE W. BATTON, his wife. South Parrott'Ave., Okeechobee, Florida 3347: whose poste/fire address s 13J5 • hereinafter called the grantee: Ow bo.e'w.. 1..f wadem.+i...o.d M..n.. off sofr 4.I. ..4 awe adman owed rare �.)) Witnesseth: That the grantor, for and in consideration of the ears of S 10.00 and other valuable considerations. receipt whereof is hereby ad:nowledged. by thew p,esens dors grant. bargain. eel aLim. remise. release. convey and confirm unto the grantee. aU that certain Land situate in County. Florida. viz: Lots : to 10 inclusive of Block 21, SOUTHWEST ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, page 7, public records of Okeechobee County, Florida. SUBJECT to reservations, restrictions and easements of record, if any. Together with alt Ihr tenrmenir. herediternents cod apparienarW,s d..reto belonging or in any- wise pperlalning. To Baue and to Bold, the some in fee simple forever. Rnd the grantor hereby covenant, with said grantee that It s lawfully seised of sold convoy land f« simple: that it Loa good right and lawful authority to sell and card land: that U &oe1&y fully y war - rans d. 1111, to said land end will defend the game against the lawful claim, of aU perverse ro&ensaurseet and that said land is fee. of all encumbrance initnfss Whereof the grantor has caused these presents to be executed in is name. and is •orporab seal to t. hereunto affixed &y is prover Wirer ire ereunto duty authorised. the day and year first above w,114n. -Signed. ,.algid end delivered to the pre Ai ST;rE of FIARIDA, I )UN1 Y or OKEECHOBEE . 1..r...., _,RIDGE TANICLINES, INC._ 0.y 1 KERMY QRTVY d., .. d.. a.....t..... r arse.. Ads ..4...4.I to d. Sw...d C..•b .M.r.N .. die odwL dmood. w ood* .ep..ed HOBSON RUCKS and TOMMY T. RUCKS .e,f M.......e . M d. p . .....4 Secretary onoodi..p of dr s..or.r.. mrd ,,leas 1_ d. ,...w.. and ..d d...., .lent, w..wMdwe ........ de woo is d. pomace of sr ods.dioo .i.... u..1, ..d .4.wir ...d.. ..d..., vale ..ad .. d.w In ...d .............d .r... I......1 did., Ado. in A. w essw... w of ..id ...,la.sim.. `Wiitvae lo, o..d ..d .11...1 ..t a. c . e.d s.a tar dw...ii .w _ZZ ew of November . . a to 71. `fir• L.��.-: gdai1fC` 11141431<F!rp rd by: W .L. Hendry rgi-A Pd6A& 1 wi�oF}i6kl F�rfat,ce Attorney at Law Cn.SMISSION EXPIRES WO. 17.2973 ........ 410 W. 8th St. GENERAL INSURANCE ONOUWmitss. INC • . Okeechobee. Fla. dL dr A/W Umll Of Clew sr* Comer Clip For D.relop ant And M5/ntenarw• Of Clear slgnt Wbndw * Edge Of Molar Rood Tnwled Way TM Tritiated W(N Is The Portion Of Tito Roadway For The Movement Of VMdales, E.baNe Of Shoulders And Marked Bkeole Lens. Note, Linea For 'Limit Of Clew Sigld'Are Op esIl. Had When Molar Nerd New ion Tnffio Mowing Left ( e.g. One -Way Left 1. �4 PICTORIAL Limit Of Clear Sight Conner Clip For 4alniwa,. 01' clear WO WInaw Minor Road Under Slop Control ORIGIN OF CLEAR SIGHT LINE ON MINOR ROAD w•lt —I /r_ c=S:1 Cam}- • V r Onnwirlated l Sea Min.) Of a �Aks �ts intent This AOo P8'B w TM Vertical Daher, And Horizontal Limits Defined By TM LhWs Of Char sigbl. PICTORIAL WINDOW DETAIL Nc a Limit Of Cher Sight de s'tic -4 Limit Of Median Sled 0anwthn do PICTORIAL de (Feet) y l Cetx 3 Janos Crossed P SN Comb. P 91 Cad P SU Comb. 30 215 285 330 265 J!'D 360 285 350 390 35 E85 335 355 30 370 120 335 ■05 450 45 325 380 440 355 425 480 350 465 525 15 365 130 495 385 4P5 50 430 5E0 SAD 1e See Note. i► The de wloa In this table wen established by IM method referueaed In Design Noh 2, arid an applicable to urban, predominantly oo6.d rnafioya with design +Peedn of 45 e4h w lees and meting the nsflohd conditions defined In hdex Nov. 700. For horizontal Marano (1101 of Mt feat (6'), the Mums for de soy be dehnMmd by nn eguillon de • d. (wMME L For rccdroys with non-resfMM conditions. do and de Mould M bawd on the gwaotry for the left tare stomp and on clew zone widths (Sea Index 140.700). CHANNELIIED DIRECTIONAL MEDIAN OPENINGS L_ Min. Spacing When Caliper 4 sl8' PERCEPTION DIAGRAM SETTING SABAL PALM (STATE TREE) SPACIMO SHADOW DIAGRAM USEND Area Free Of SOW Obeosllav 2006 FDOT Design Standards SIGHT DISTANCE AT INTERSECTIONS lA. 5beet No. NexYlon 04 of 1546 EX= - S L aSiL /77; 14 , NO3'04'49'1V 2027' (D) LEGEND PROP. CONC. PAVEMENT EXIST. CONC. PAVEMENT EXIST. SPOT ELEVATION SITE AREAS : TOTAL PROJECT AREA = 67,16629 S.F. -1.54 AC = 100% PROP BUILDING = 4,550 S.F. - 0.10 AC = 6.49% PROP BUILDING ADDITION =1,56924 S.F. - 0.04 AC = 2.60% EXISTING BUILDING TO REMAIN = 4,410 S.F. - 0.10 AC = 6.49% N. PARK ST. - S.R.70 (RIW WIDTH VARIES) NOTE : - IMPERVIOUS AREA ADDED -1570 SO. FT. (PROP. BLDG EXPANSION 8 COVERED ENTRY) - IMPERVIOUS AREA REMOVED. 1581 SO. FT. (EXISTING ON-SITE SAN & 4' WIDE CONC. PAVEMENT) - THEREFORE THE TOTAL IMPERVIOUS AREA FOR THE PRE -DEVELOPED SITE 15 GREATER THAN THE TOTAL IMPERVIOUS AREA FOR THE POST-DEVELOPED SITE 4' WIDE STRIP OF EXISTING CONC. PAVEMENT TO BE REMOVED ALONG NORTH PINK STREET (WITHIN LIMITS SHOWN -667 SQ. FT. TOTAL) S89'59'46'E 505.61' (D) c =c- 4-- W - ;I-- -_ - - -- - -- - - - - -. - -� -- • I 4.1 - II I ▪ a Ie 3 id - _ T9 - d. I jr" 1" I T" ' k 1 It - I 16: FENCE ENDS REF • PC w/ 4' CAP N0. 5178 • IS E. INS gR8F W /CAP NO s1Z8 T_ EASTIN0 CURB & GUTTER FOOT 8.0.W. ACOIx9i10N OR 463/1248 JJ A c, � o. BOTTOM �s� T.O.B. �)l-�'� 135' ,o,sa+ LOT 1 e�F��� `� x LIGHT / \ 6.48 0. 51 i X X X X \ . o.TO BE REMOVED DRAINAGE STRUCTURE TABLE CONST. ADS YARD DRAIN GRATE EL.29.40 0540 EL.. 2&00 o-2 CONST. TYPE C INLET GRATE EL= 31.00 INV. EL. 28.00 CONST. TYPE C INLET GRATE EL-. 31.00 64V. EL. 28.00 EXISTING ON-SITE CONCRETE SIDEWALK TO BE REMOVED (914 SO. FT. TOTAL) EnST. INLET EXPANSION JOINTS TO BE OLD R5* UNE PLACED ALONG SAW-CU JOINT (SEE DETAIL) SAW-CUT EDGE / MATCH EXISTING CONTRACTION JOINTS TO BE CONSTRUCTED AS SHOWN (SEE DETAIL) NEW R.O.W. LINE 'P EASING RAISED CONG 9D AUC 58459.59 3387.55 (F,D) LOT if €1 1 1 1 I 1 4' Ei V I-Y� -i d% 3 - %Y- %- % -Y' -Y %- Y - % -X-- -% -Y�.LY -'� y -_ - NIA-% �x X -% - %�Y -Y - -X Y % qt\ '�RBF NOTNU4BETim : NCS/W45'W {ASSUMED) 50!.17. (F) EAST. 7'.o B. ° ( EXST 16' RCP \ 11 FC 1.6' E 4 505.7' (P) 5Da 77' (FDOT) AP En5T SWALE 4„ q T- %- \\It i.5 K ' 4: / EAST ASPM4Li I'�' ~- _- 4.° EAST. T.OH ,P JJAA" / EAST AY .p' INV EL- 289 II�` ._ EAST EDP. _A� 9 ' EXISTING AXNCRETE PAVENENT.- CONST. 48 LF OF 12' ADS WI 36 LF OF E%FILTRATION TRENCH CONCRETE PAVEMENT TO BE RESTORED TO EXISTING ELEVATIONS (SEE DETAIL) • 0 I to a 19 2a I NOTE ROOF RUNOFF FOR PROP. BUILDING EXPANSION AND COVERED ENTRY TO BE DIRECTED TO PROP- DRY DETENTION AREA PROP DRY RETENTION AREA T.O.B. EL. 30.50 BOTTOM B. 2950 FENCE ENDS: 2_9'8. EAST. - DRIVE f7I�P Jdrmar, P rW.337 . 12 L OF12'HOPE .. (3)-14X24. =w _ [.(1) -12 X 2a HANDICAP' !- a 0% SLOPE PARKING ST%.LLS • PARKC4G STALL 1ARTN ' W /WHEELSTOPS - - IN)LEB.STOP .j .1 r xW- S CH- " N x- UNp F- ENx -CE +9. - ?HANOS�EA DA YFCENT ACTO- ED %- R l- HANOGP -O-VE ARIY x-x x`. 337 E . 9PI - PARKING STAL.0 AND PATRTO CORED ENTRY. ('IEOME.TO,BE • FEMOVED... NOTE: ALL STAGE .T MATERIAL & EQUIPMENT WmIN vICLNTTY OF. PROPosEo ' I METAL BULDING TO SEREMOVED" OR RELOCATED PRIOR TO . ' 1 CONSTRUCi1oN. COMRA('TDR TO COORDINATIANITN OWNER. !. -B4. NAIL W , . OSC IN 00/T EL'- 324 4� • GRAPHIC SCALE 500'04'13 -W 18.90' (0) EAST STORK • TOP EL- 74 No. TOT SITE REQUIREMENTS EAST 8800LOW WATER METER TO REMAIN - CONST. WATER I SERVICE i., - IN SEE • LO.I EAST. BOIL CORNET OS W. . 1 1 EXIST TOIL EAST SWALE EAST PAUM Q. - 291 EASt. T.O.B. S. PARK ST. (7012/W) PROPOSED BLDG E RANSION AND COVERED ENTRY FEE= 31.00 (MATCH MST. BLDG) EAST. METAL BLDG. FEE- 31.0 Ensr. B DG G0NEW O.7 W- r FG 0.5' W. x, -Y Y Y Y% %x lf- -Y Y Y Y 0 Y Y Y % Y Y % Y 0 0 9 -X 5 RW W /CAP NQ 3372_ EAST. E0.P .WATER SERVICE (CONT. TO VERIFY) EAST. SAN. SEFWTE uNE TO BE REMOVED CORSI. C.O. & E PVC SAN. SERVICE UNE CONNECT TO EXIST. C.O. CONTRACTOR TO VERIFY LOCATION. SIZE & ELEV. OF EXISTING SAN LINE PRIOR TO CONST. 94 NAIL SET W/135C 9 PP EL- 327 EAST. YELL (ABANDONED) / s -r. PP W/ II / _ EXIST. 18' OAP (13RD$ CRU91m) �� .P ,7'- / EAST. SWALE s 0, - W. INV EL. 1 &e 1° _ _.A. - II // �• E INV. EL. 288 °.. _ ._ A 4' 4' i - - _ 1.1 ' 4 nll DII x11 WII 4' INv EL - 240 Q EAST. 5AN. 4N TOP EL. Ma NW INV. EL- 24.5 BOTTOM EL- 23.1 E. & S INV EL NOT 4E ASARCO E to b OW ✓ a Z• IF- d,r 0 SOUTHEAST M JOB Nu.: 07 -201 SHEET 1 1 0 fJ N N a 0 0 0 z RBF w /Cap No. 5178 Fence Ends: 1.3' E. , 1.6' S. 1 000A .50 tit 1 —x- 1L�nK ..11,;40.89•:•"23•':••15A.3 i'3''. p..20'B•1:.'2a'.'.'A�.3' 1.4'.17.'.'. A °.1'1-13.:.0"7.'.(.0 RBF 1.PC'.... w /Cap'No:5178'"5°•'' r'10RTH PARK GTREET -, R. 70 R/W WIDTH VARIES - ASPHAL S89' 59' 45"E 505. 61' 10) ,/ OLD R/W L. I NE RAI.D COIIG..'G1.DE ... 589' 59 '69' "E.367.55.(.F;.p).�tio.. GE .... `!L ° LL 01 :....... .......0........ 0 .�O LOT .1..1 LOT � •q ��'� � � �'::::.': LOT.:8�:•:•:.�_ .............. ............ LOT ::7.. .................... h ................. LOT .4 c.0. n CR E'T.E. • X LOT:'3. . ° . mt•v LOT :1. MOD I LE 1-10f1E • 5- 48.1' RBF w /Cap No. 5176 -"P- Fence Ends: 1. 3' W. , 2.9' S. DACKFLOW x LOT IX UTG 70.4' - BLDG. CORNER: 0,3'W LOT 12. LOT 13 4) I RBF: Unnumbered o --r T06 r. -..,-.„- FC: 1. 6'E. 0A L0 WALE 1 . i. 5'N. ti °A, - --\--� ,- TOD 0ti LOT 14 xi LOT 15. 1_ 016 O' A LOT 17 LOT 16 ..r 4) LOT 19 AC METAL DU D i'1G LOT 20 BLDG. CORNER: 0. 2' W. EDGE PAVEMEr1T -.00 30 1 ITE a �A\ 15 0 SCALE : AS SHOWN 30 TYPICAL LeGErio (WHERE APPLICABLE-SEE DRAWING) PRM- PERMANENT REFERENCE MONUMENT PCP - PERMANENT CONTROL POINT CHF- CONCRETE MONUMENT FOUND CMS- CONCRETE MONUMENT SET RBF -REBAR FOUND ABS-REBAR SET w /Cap No.5f78 , N845'W (ASSUMED) 505. 1T( F) P _ _ i. 7' (P) 505.22' ( FOOT. i_. �00 3 FC:. 0.5' W. e, 1.3'N..SO• 0 LL 0 O Fn= 0 0 1 GTORrt y MH wn PP W/L I TE 0 r AEAnO WELL Z ° RBF N /Cap v 0. rnP: EnDG CRL1GHEp 0 6WALE v0° Na. 3372 LITE 1 _ Q .r. I O � ,° -61� 1 cH PARK GTREET 70' R/W - ASPHALT 6URV ?YOR riCITE6 1. Bearings shown are rave assuming N89'59 45'W along N.I;outh Park St. 2. Thls survey Is based Information provided by the cust agent and no search was made of pe, records by thls office to verlfrdeny owners, easements, or r lent -o's. 3. No visible or undergt improvement has been located excfs shown. 4. This survey Is not vr;elthout the signature and theolnaI raised seal of a Florlllcensed Surveyor and Nasser.I O 4, - ELEVAT I Or1 ARE MVO, 1 929 DATUM 61I2VEY OP. LOTS 1 THROUGH 20, INCLUSIVE, BLOCK 1, SOUTH WEST ADDITION TO nKEECHOBEE, FLA, according to the plat •eof as record- ed In Plat Book 2, Pa of the Pub 1lc Records of Okeechobee ..ants, Florida. 0 0 GAN. r1H TOP MH:30.8 INV. EL. 6' PVC NW: 24.5 BOTTOM MH: 23. 1 INV. EL. E. 6 S. : NOT MEASURED 6OUTHEAGT M 2m w vVN- 10 4 a Enr` O v L w En to O O O w r V o D- G,; a l~9 m cn 0 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 -334 -3366 Fax: 239 - 334 -6384 Email: infona,larue- planning.com LaRue Planning & Management Services, Inc. Staff Report - Variance Request Prepared for: The City of Okeechobee Applicant: John Raddatz, Southeast Milk, Inc. Petition No. 08 -001 - V Staff Report Variance Request Applicant: John Raddatz, Southeast Milk, Inc. Petition No.: 08 -001 -V General Information Owner: Owner Address: Southeast Milk, Inc. P.O. Box 3790 Belleview, FL 34421 Contact Person: Steve Dobbs, PE Contact Phone Number: 863 - 467 -0076 (Fax 863 - 467 -0091) Property Control Number: 3- 21- 37 -35- 0170 -00010 -0010 Property Characteristics Future Land Use Designation Zoning District Acreage Location Existing Commercial CHV 1.5 1005 SW Park St. Proposed Commercial CHV 1.5 Legal Description of Subject Property: LOTS 1 TO 10 INCLUSIVE OF BLOCK 21, SOUTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBJECT TO RESERVATIONS, RESTRICTIONS AND EASEMENTS OF RECORD, IF ANY. Description of the Requested Variance The applicant is requesting a variance from implementation of the City's Visibility Triangle as defined in Sec. 66 -1 to allow the corner of an expansion to an existing building to intrude into the visibility triangle. Background The subject property encompasses approximately 1.5 acres fronting on North Park Street. The property is served by public utilities and the adjoining property uses are as follows: North: East: South: West: Grocery Store Commercial Single and Multi - family residences Abandoned building Last year the Board of Adjustment granted the Applicant a number of variances to setbacks from SW Park Street, SR 70, and SW 10th Avenue for a new metal building proximate to SW Park Street and for the expansion of the existing building in the northeast corner of the property. 2 Staff Report Variance Request Applicant: John Raddatz, Southeast Milk, Inc. Petition No.: 08 -001 -V During the TRC's review of the site plan this past October, the Applicant was apprised of a number of deficiencies. Conditional approval was given to the site plan pending compliance with the TRC's stipulations. One of these stipulations was compliance with the site triangle. The Applicant has since decided to apply for a variance. Findings The Applicant has provided responses to the standards for granting a variance (Sec. 70- 374(b) and findings required under Sec. 70- 374(c). Staff is not in agreement with the Applicant's contentions and offers the following findings. A. Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. The original building was a 2 -bay truck depot which was constructed prior to the applicant's ownership. This building was built right on the property line. The applicant or prior owner has since added onto this building which appears to have further aggravated the problem. It is difficult to see how this request can be seen as a result of special circumstances peculiar to the land or structure. Adding to a structure and continuing the non - setback is a convenience, not the result of a special circumstance. B. The special conditions and circumstances do not result from actions of the applicant. The applicant turned the truck depot into a storage area by constructing the building which is now occupying the property. The new requests definitely are actions by the applicant that are adding further to the variance situation. Unfortunately, these circumstances are applicant created, not extreme hardship as the result of the land configuration or similar reason. C. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant. Enforcement of the Code in this case would not deprive the applicant of the rights commonly enjoyed by others in this Zoning District. Further encroachments ignore the rules and compound the original situation. It would not appear to be an undue hardship to reduce the size of the addition to comply with the City's required visibility triangle. The Applicant has stated that visibility triangles vary from one community to another and that the FDOT uses a lesser distance on a side street than does the City of Okeechobee. Disagreement with the appropriateness of a regulation is not a valid basis for the granting of a variance. If the Applicant believes that the regulation should be changed, that avenue 3 Staff Report Applicant: John Raddatz, Southeast Milk, Inc. Variance Request Petition No.: 08 -001 -V is available to him/her through the amendment process. Finally, the fact that other communities employ differing regulations does not constitute a hardship. The Applicant has offered no evidence that application of the visibility triangle to the subject property constitutes a legitimate hardship. D. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. To the extent that the Applicant wishes to expand the building in the configuration shown on the plans, it could be considered the minimum variance necessary to achieve the Applicant's wishes, but not the minimum necessary to make reasonable use of the property. E. Granting the variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoning district. Granting this additional variance would only be for the convenience of the Applicant and as such is a privilege that is not generally afforded other properties similarly situated. F. Granting the variance will be compatible with the intent and purpose of the Land Development Regulations, and the variance will not be injurious to the neighborhood or detrimental to the public welfare. The implementation of a visibility triangle is considered a matter of public safety. Therefore, granting the variance would not be compatible with the purpose and intent of the Land Development Regulations. Recommendation: Based on the foregoing analysis and findings Staff recommends denial of the request to allow any variance from implementation of the City's visibility triangle. Submitted by: James G. LaRue, AICP Planning Consultant January 9, 2008 Zoning Map Property Appraiser's Aerial Photograph 4 Staff Report Variance Request Applicant: John Raddatz, Southeast Milk, Inc. Petition No.: 08 -001 -V 6 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of INk Ale t) ci 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 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. / Sworn to and /subsoil ) 11-‘7- bed' before me this day of A.,,'VlrT -0, t rte A.D. 20 747. 7 lltotat Public, State of Florida at Large NOTICE OF CONSIDERATION OF PROPOSED VARIANCE NOTICE: A PUBLIC HEARING 010 be held before the City of Okeechobee Planning Board/Board of Adjustment and Appeals on Thursday, January 17, 2008 at 6:00 p.m. or as soon thereafter as possible. The meeting will be hekt at C'ldyy Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeedwbee, Rori- da. To consider a VARIANCE to reduce the required front setback from twenty -five feet to zero feet within a Public Use (PUB) Zoning District (ref. Code Book Sec. 90- 376(5)) submitted by Jim Threewits, on behalf of property owner(s) Okeechoz bee County. The subject property is located at 504 Northwest 4th Street. legal description: Lots 1 through 12 of Blocks 95, 96,103,104 and all alleyways in said Blocks; all of Northwest 5th Avenue, Northwest 691 Street and Northwest 3rd Avenue tying adjacent to sad Blocks, City of Okeechobee Subdivision. A copy of the entire application(s) and agenda are available in the General Services Office, Rm 101 at City Hall or by calling Betty Clement at (863) 763 -3372 x 218. Please be advised that the Board of Adjustment and Appeals will serve as the de- cision making body (quasi- yllcial), on behalf of the City, to approve or deny Vari- ances. PLEASE TAKE NOTICE AND BE ADVISED that'd any person desires to appeal any decision made by the Board of Adjustments and Appeals with respect to any mat- ter considered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media is for the sole purpose of backup for official records of the department. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabil9es needing special accommodation to participate in this proceeding should contact Betty Clement no later than, two (2) working days prior to the proceeding at 863- 763.3372 x 218; B you are heanng or voice im- paired, call TDD 1- 800. 222 -3448 (voice) or 1- 888-447 -5620 (TTY). BY: Brian Whitehall, Zoning Administrator Petition No. 08 -0024 • 254735 ON 1/2,11/08 Janetta Thiboult Commission # DD505311 oQ Expires January 10, 2010 P.. Bonded Troy Fain insurance Inc 800385-7019 City of Okeechobee D Date: 'D',1 0 Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Di eecoo be ' LnonA -(4 _kt i 1 a t■ 6 SYLe r r■ CS O t c� A P P 1 .0 A N T Owner mailing address: 30L Iy Q St, QY,. o- o\oe e , .l. 34g 1a. Name of applicant(s) if other than owner (state relationship): ' j QC.C. o r Q)-_e.. Z Applicant mailing address: 3oL f'4W. a,n 54. ov_ee c .eel L. �s4 -i a. ■ Name of contact person (state relationship): �1 tfYl�nreetA)L s Contact person daytime phone(s): 8 b 3 - 1(A 3 '41458 Fax: $l� 3- �(p?3-,%9 $ a Uniform Land Use Applic lion tezone • Special Exception 'an V Name of property owner(s): Ot_e�e l kbe.ly COO (*t4 Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Di eecoo be ' LnonA -(4 _kt i 1 a t■ 6 SYLe r r■ CS O t c� A P P 1 .0 A N T Owner mailing address: 30L Iy Q St, QY,. o- o\oe e , .l. 34g 1a. Name of applicant(s) if other than owner (state relationship): ' j QC.C. o r Q)-_e.. Z Applicant mailing address: 3oL f'4W. a,n 54. ov_ee c .eel L. �s4 -i a. ■ Name of contact person (state relationship): �1 tfYl�nreetA)L s Contact person daytime phone(s): 8 b 3 - 1(A 3 '41458 Fax: $l� 3- �(p?3-,%9 $ a 1 Property address / directions to property: b 141.3..4ff IbA-• o, bee-PL but el -ra.. R 0 P E R T Y Indicate current use of property: Publ j C fjC41 I 1 1 'E.e.J Descr }u imnrovements on property, including number /type of dwellings and whether occupied (if none, so state): CC) ocve e1/4;0►Id�r,9 w1 Louvers ± exbo, co( Erc'e ∎r ency Cren cal-O( Approximate number of acres_ (3 . 51 4 Is property in a platted subdivision? !C) Is lhele a current or recent use or the piopern/ that isiwas a violation of county uldinnncc H so describe- 1-lave there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: C Is a sale subject to this application being granted? 0' 0 Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Di eecoo be ' LnonA -(4 _kt i 1 a t■ 6 SYLe r r■ CS O t c� Describe adjoining land uses / improvements to the North: Q1tec iooee C c .f Aa1;1 F Sc i j South: East: raUstn_0.1 40,c.joCl +West_ e E— - NkiJ• SA-h 10v$ Existing zoning: pu b\ lc, facile- "+H es Future Land Use classification: 90101t c. r�;1t -hes Actions Requested: ( ) Rezone ( ) Special Exception ( V} Cariance Parcel identification Number: 3- 155 " -7-35 -00.10 -c 1030- 0010 03 Confirmation of lnfnrmation Accuracy I ilerebV ce' -tl0 chat tile information !if this aprtil:;atlon IS oil I he l nforTLSaur, 05lude0 tr this application is [UT ups by the ritv r.f ('17_�•r- rhr;! -� s i' _- - nc c!!, uesi raise .._stead :n✓. . forr. itio.. u- o rr shabrc a ini_ Di p to _ it r,. r. _ '^vn.. �__� _._.. - IJV ill I or m� �r. "... -... ..n� ..500.00 and imprisonment of up ro )0 days and may result in the stunmary denial of this application. oLobe_e_L 1 Sienature WObb i Chctrher 12/21(07 Printed Name [?me Uniform Land f_lsc Application !nv iin,l Page 1 nr Fs og Urrt %iru■ frr' '!IU -7 Page _ n( es. Current zoning classification: Requested zoning classification : R E Z 0 N E What is your desired permitted use under the proposed classification: N`A Did you cause or contribute to the characteristic? Is so, describe: Place r,r,en Jr o a-o,, 1 *- Slnarc wc, 0 e -. Fact ki rt4 vacz -S es#a,•1%SvuLd (\Aar LA aoyrs.c,s - ener� If granted, will the new zone be contiguous with a like zone? Provide specific LDR ordinance citation: Is a Special Exception necessary for your intended use? Variance? Urrt %iru■ frr' '!IU -7 Page _ n( es. Describe the Special Exception sought: N1fN, V A R ' A N C E Describe physical characteristic of property that makes variance necessary: D∎Le,ec1 -)0 bee Chun- -y So,u t has VC.r toes airo -” )r- vnav e Ivy. ;V -e6, p ►oceMent oC o.r ervr. rC*-y 4e.crckor A--wI t Did you cause or contribute to the characteristic? Is so, describe: Place r,r,en Jr o a-o,, 1 *- Slnarc wc, 0 e -. Fact ki rt4 vacz -S es#a,•1%SvuLd (\Aar LA aoyrs.c,s - ener� S P E C I A L E X C E P T 1 N Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: Why would granting your request be in the best interest of the area and residents? +' hnS rrs_- briefly describe n8Iure in.. ll ud[ng number or rmpIoyccs_ hours, no: _ ■ r on „ur Ir'd ouisidr of ,t bnldinp „cr -3:,o ,.. '4 u"i.ii, io be Urrt %iru■ frr' '!IU -7 Page _ n( es. Describe Variance sought Zero lo+ It. .e Nu.) vl stree+ A. OeS} 0 Nw. la +h Fire. bekweerl e_xt-I-v n9 Salk, Park Or\cl F1a3 Pone v,n C-r'on* cDF Sria(C+ V A R ' A N C E Describe physical characteristic of property that makes variance necessary: D∎Le,ec1 -)0 bee Chun- -y So,u t has VC.r toes airo -” )r- vnav e Ivy. ;V -e6, p ►oceMent oC o.r ervr. rC*-y 4e.crckor A--wI t Did you cause or contribute to the characteristic? Is so, describe: Place r,r,en Jr o a-o,, 1 *- Slnarc wc, 0 e -. Fact ki rt4 vacz -S es#a,•1%SvuLd (\Aar LA aoyrs.c,s - ener� What is the minimum variance necessary? it,rt \o'4" l ' ■ hi Se.-- t acX. ei o-N-, l`tw• %-1/4-%,-, Sit -ee-4 - }...■n bol_18- poc- }ko■S.... 113,e54 okr 1.IW. 4A-V-1 Age. Urrt %iru■ frr' '!IU -7 Page _ n( es. Board of County Commissioners Okeechobee County December 20, 2007 City of Okeechobee General Services Department 55 S.E. Third Avenue Okeechobee, FL 34974 Re: Variance for Emergency Generator For the Okeechobee County Jail 304 N.W. 2nd Street Okeechobee, Florida 34972 863- 763 -6441 Fax 863 - 763 -9529 Okeechobee County owns "City of Okeechobee" block 103 lots 1 -12 in its entirety. The Okeechobee County Sherriff's Department and Jail Facility are currently located on this block. The County is requesting this Variance for placement of an Emergency Generator and fuel storage that is needed to maintain operations of the Okeechobee County Sherriff's Department and Jail facilities during loss of commercial electric. The County Jail currently has a 20 year plus old Generator that is will not handle basic needs of this facility during loss of commercial power. The County is requesting this variance due to the physical limitations of space and appropriate placement of the Generator. As you can tell from the attached survey the commercial power currently comes in at this location and this is the only available space within any reasonable distance. This Generator will be located in a separate and secure building type enclosure, in the area between the flag pole and the Sally Port, adjacent to NW 4th Street (north side). Sincerely, 0/0 -e-L Robbie Chartier Deputy County Administrator JT:km Ray R. Domer District 1 Noel Chandler District 2 Clif Betts, Jr. District 3 Marvin Wherrell District 4 Elvie Posey George A. Long District 5 County Administrator ails io1aaaua6 pasodoid ttAV41_sm8 D .OAST LttNE °RAILROAD (5) 12/18/07 BOUNDARY 6, TOPOGRAPHICAL 50 RVEY PREPARED FOR: OKEEChObLE COUNTY I3OAKD of COUN 1 Y COMMI55IONLK5 SHELF IOr LYING IN SECTION) 6, TOWNSHIP 37 5OUTI1, RANGE 35 FAST OKEEChO13EE COUNTY, FLORIDA STANDARD NOTES: 1. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH OR AN ABSTRACT. THIS OFFICE HAS NOT PERFORMED A SEARCH OF THE PUBLIC RECORDS FOR EXISTING EASEMENTS, RIGHTS -OF -WAY, ABANDONMENTS. ZONING SETBACKS OR DEED RESTRICTIONS. 2. 'ADDITIONS OR DELETIONS TO SURVEY MAP OR REPORT BY OTHER THAN THE SIGNING PARTY OR PARTIES 15 PROHIBITED ILIMOJT WRITTEN CONSENT OF 1111 SIGNING PARTY OR PARTIES.' 3. THIS SURVEY I5 NOT VAUD WITHOUT THE SIGNATURE AND RAISED EMBOSSED SEAL OF THE SIGNING FLORIDA PROFESSIONAL SURVEYOR AND MAPPER. 4. UNLESS NOTED OTHERWISE. ALL BEARINGS AND DISTANCES SHOWN HEREON ARE PER PUT OR DEED. 5. LOCATIONS OF BUILDING(5) ARE LIMITED TO THE ABOVE GROUND WALLS FOOTERS OR FOUNDATIONS HAVE NOT BEEN LOCATED. 6. SYMBOLS ARE NOT TO SCALE PROJECT SPECIFIC NOTES: 1. SITE STREET ADDRESS SEE SPECIFIC SITE FOR INDIVIDUAL ADDRESS. 2. FLOOD ZONE SITE APPEARS TO UE WITHIN THE AREA SHOWN AS FLOOD ZONE 'CITY OF OKEECHOBEE NOT INCLUDED', PER THE FEDERAL EMERGENCY MANAGEMENT AGENCYS (FEMA) NATIONAL FLOOD INSURANCE PROGRAM (NF1P) FLOOD INSURANCE RATE MAP (FIRM) FOR COMMUNITY NUMBER 120177, PANEL NUMBER 02008, DATED 2/4/1981. 3. ELEVATIONS SHOWN HEREON ARE BASED ON ME NATIONAL GEODETIC VERTICAL DATUM. 1929 ADJUSTMENT (8014Y29). REFERENCE BENCH MARK USED: '022', U.S. COAST & GEODETIC SURVEY CONTROL MARK, LOCATED AT THE EAST SIDE OF THE SOUTH ENTRANCE OF THE OKEECHOBEE COUNTY COURT HOUSE. MARK IS STAMPED: 'R 22 1933 31.556' 4. BEARING BASE: SITE 1) THE EAST RIGHT -OF -WAY ENE OF NW 5tf AVENUE IS TAKEN TO BEAR NORTH 00116'10 WEST BETWEEN FOUND CORNERS. SITE 2) THE EAST RICHT -OF -WAY UNE OF NW 3F8 AVENUE IS TAKEN TO BEAR NOERTH 0012'36' WEST BETWEEN FOUND CORNERS. 5. LOCATION OF 095100180 80 UTILITIES. AS SHOWN HEREON. IS BASED ON ABOVEGROUND MARKERS ESTABUSHED BY OTHERS GRAPHIC DEPICTION OF ME AUGNMENT OF THE SUBJECT UNDERGROUND UTILITY IS SUBJECT TO INTERPRETATION AND DOES NOT NECESSARILY REPRESENT ME CORRECT ALIGNMENT OF ME SPECIFIC UTUTY. 6. SURVEYOR UNABLE TO REMOVE GRATES ON STORM -WATER CURB INLETS. INVERT ELEVATIONS NO DETERMINED. SURVEY CF: (SITE DESCRIPTION PRONGED BY CLIENT) LOTS 1 -12, BLOCK 95; LOTS 1 -12, BLOCK 96; LOTS 1 -12, BLOCK 103; LOTS 1 -12. BLOCK 104; ALL ALLEYS IN SAID BLOCKS; ALL OF NW 5114 AVENUE, NW 610 STREET AND NW 385 AVNUE LYING AFDJACENT TO SNIT BLOCKS, CITY OF OKEECHOBEE SITE DESCRIPTION (PER OKEECHOBEE COUNTY PROPERTY APPRAISER'S WEB SITE) CITY OF OKEECHOBEE LOTS 1 TO 12 INC BLOCK 98 A: ALLEYS IN SAID BLOCK & W x OF SEMINOLE STREET, NOW WEST 6M AVENUE; CITY OF OKEECHOBEE LOTS 1 TO 12 INC BLOCK 103 & ALLEYS IN SAID BLOCK 8 W K OF SEMINOLE STREET, NOW WEST 61H AVENUE CITY OF OKEECHOBEE LOTS 1 TO 12 INC LESS E 16 FT BLOCK 104 k ALLEYS IN SAID BLOCK k E (4 OF SEMINOLE STREET; OTY OF OKEECHOBEE LOTS 7 TO 12 INC LESS E 16 F7 BLOCK 95 k 5 )i OF ADJACENT ALLEY n E % OF SEMRJOLE STREET; CITY OF OKEECHOBEE LOTS 1 TO 6 INC LESS E 16 FT BLOCK 95 k N M OF ADJACENT ALLEY R E ){ OF SEMINOLE STREET; INCLUDED 511E DESCRIPTION. RR REVISIONS 140. DATE DESCRIPTION: BY: (1) 06/29/06 REVISED UNDERGROUND WATER UTILITY ON PAGES 2 -6. RR (2) 08/02/06 REVISED OVERALL FINISHED FLOOR ELEVATIONS RR (3) 09/07/06 REVISED OVERALL UNDERGROUND UTILITIES @ CATCH BASINS. RR (4) 10/05/07 ADDITIONAL T0P0. RR 17t sgBCT SIZE fl (4E 96£18 2 -5 0 6) 7 NW 6(h ST NW 4M ST. 91 16 1 PARK STREET avow acrc SUBJECT SITE f2 swers HWY 70 NORTH LOCATION SKETCH 6.0.5 PREPARED FOR: OKEECHOBEE COON I:NT'D COUNTY COYMISY7 JOHN . WILSON, ° / 9111 0 IONAL SURVEYOR AND MAPPER / A UCENSE 140. 105157 A DBPR CERTIFICATE OF AUTHORIZATION N0. 187429 DA BITE CERTIFICATE OF AUTHORIZATION N0. 26838 7 _ PROJECT INFORMATION CALCULATED BY: JAW CALCULATION FILE NAME: N/A BATE DRAWN: 06/23/06 ORANN BY: RR CATE CHECKED: 06/23/06 CHECKED BY: JAW 91!.') SURVEY DATE: 06 07/08 11113 8004( g PAGE 8 /63 -66 PROECT NUMBER: 06 -0041 DRAWING NUMBER: OKEE.COUNTYANNEX. / DWG /06 -0041 EXPED /T /ON S U R VE YING ENGINEERING, 'P i p 54 F 1 1 K t OFF10E: 304 NW 58, STREET - OKEECHOBEE MAIL POST OFFICE BOX 1610 - OKEECHOBEE. FLORIDA 34973 PHONE: 863- 357 -6688 FAX 863- 357 -8684 JONnw- esnOeorthIIsk.nel 112P COP B L O C K 72 N W 6 t h. ST. ?Door 1aEP" s9srT- 70 M CCM fO° T(N) w T00., 02 (v) 1a Sr RN "50'04 -E TRNO i "d SPa�ia. 4p ( I rto SET PI( NAX N1TH DISK "LS-515r STAMPED: ELEVATION= 23.28 FEET FEET N89'44'WE.(ML 300:"34 0. v it O VCE7E SAP 00x107 STOW ORAN NY. REV.. 1092' NI, REV. 1ASr $I� 104 SAN 2.15''® Nv. REK■ 2135' RN]CE SAO Ye, u s P1.01002 Mitt/ Ww ONOUP. AND Nm^A1IC INNS COOP E SAP NIA/ MEL PUMP 10, e9 [MOW, MAO at Any soN0 20' ALLEY MIMED) 4• TOP ELM. 2140 NK EU1f_IIIITI Q, 0560051T PINPOOWO FAST SOINCLI SP." (AYM!CRA) 5A' NOV POO la 4-- -nr Eo^ e 1 SICRY CBS BUILDING 4 \\ %bM1 M11' ST M1 era MIE SOMME ME 508122/ Rr-0a RY \• \\\ \ \ \ \\`2F22.\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ F A.R 1 STORY CB.S BUILDING (PE_ M55/ '0 M1sP eM1 - �� >� lP — EO° -jt$ y—N RfW OUT KY [Ml. 2420 Via 10 Iv � ASPHALT MATC LINE "8" SWINT Z SNIPPY MAINCIL K RE INK _ 17..2. ROW MI" POO RP /LOC LMY. y.OY e000 PP INA rN 0,91. AO NW 5th ST. _ -_! A9YNRMNNSE -51 SPIPTIPY WIN NE 1- TOP RIX. 1114, i I NK WV= 17.12' REVISIONS Na DATE. DESCRIPTION: 8Y (1) 08/02/06 REVISED OVERALL FINISHED FLOOR ELEVATIONS. RR (2) 09/07/06 REVISED OVERALL UNDERGROUND UTUTIES & CATCH BASINS. RR (3) 10/05/07 ADDITIONAL TOPO. RR (4) 10/16 /07 ADDITONAL TOPO. 017 ..) STANDARD LEGEND: APPROX = APPROXIMATE ASPH. (OR) ASP - ASPHALT. BFP - BACK FLOW PREVENTOR. BLDG. = BUILDING. BOC - BACK OF CURB. BOW = BACK OF (SIDE) WALK. CB - CATCH BASIN. LONG = CONCRETE. ELECT. = ELECTRIC RISER. EOG = EDGE OF GRATE. EOP - EDGE OF PAVEMENT. E05 = EDGE OF SHELL (ROCK). FC = FENCE CORNER. FFE = FINISHED FLOOR ELEVATION. FL = FLOW UNE. FOC = FRONT OF CURB. 1.111 = MANHOLE. NG = NATURAL GROUND /GRADE. OH = OVERHANG. CHU = OVERHEAD UTILITY (WIRES/LINES). P.O.B. = POINT OF 86088NG. P.O.C. = POINT OF COMMENCEMENT. TELE. = TELEPHONE RISER. TYP. - T(PICAL UGT = UNDERGROUND TELEPHONE UNE. UGW = UNDERGROUND WATER UNE. W/M = WATER METER. WPP - W00D POWER POLE WSP - W000 SERVICE POLE. ®= ELECTRIC RISER/VAULT/METER. 8921= TELEPHONE RISER/VAULT. pQ = WATER VALVE/METER. = FIRE HYDRANT. ® = STORM WATER MANHOLE ® = SANITARY SEWER MANHOLE. go — STORM WATER CURB INLET. = CENTERLINE. = WOODEN POWER POLE/ SERVICE POLE. iY = BACK FLOW PREVENTOR. Qo - SECURITY LIGHTING/ ALUMINUM LIGHT POST NORTH m 10 0 2C 1 8506 = 20 Fier (7' =pl 5OUNDARY 6: TOPOGRAPHICAL SURVEY PREPARED FOR: OKEECI -1ObEE COUNTY BOARD of COUNTY COMMISSIONERS SHEET zOFA LYING IN SECTION 1 c, TOWNSHIP )7 SOUTH, RANGE 55 EAST OKEECHOBEE COUNTY, FLORIDA PROJECT INFORMATION cALCULAIED BY: JAW CALCULATON FILE NAME: N/A DATE DRAWN: 06/18/2006 DRANK 81: RR 0576 0160160: 06 /19/2006 CHECKED 81: JAW FIELD SURVEY DATE: 00 /00/2006 FIELD 8001( k PAGE: 8/83 -86 PROJECT NUMBER: 06 -0041 DRAWING NUMBER: OKEECOUNTY(ANNEX.) \DWG \06 -0041A EXPEDITION 5 U R V E Y/N G& ENGINEERING %n c. 'P he 9s 9 (' 71 OFFICE: 304 NW 5th STREET - 0 EECHOBEE MAIL POST OFFICE BOX 1810 - OKEECHOBEE• FLORIDA 34973 PHONE 883- 357 -6688 FAX 883 -357 -8684 Johno- esn0earthllnk.net 0 02 OP / OM Ri BOY.. - S89•53.22'W (M) 669.40' AA —Nov 5.M.#1 FOUND PK NAIL TW6h NSA TAMPED: "TTTTPY" NW 4th. „ FWV,. ST. 2040) -- - - - - -- COW 4A434 HneF FO1• RtiO Ma a 1 F .001 �.� 1.0 s>n' MAY 02P/ DX RP E[SK. aa' -'--i) REVISIONS N0. 0A17. DESCRIPTION: BY: (1) 06/29/06 REVISED UNDERGROUND WATER UTILITY ON PAGES 2 -6. RR (2) 08/02/06 REVISED OVERALL FINISHED FLOOR ELEVATIONS. RR (3) 09/07/06 REVISE() OVERALL UNDERGROUND UTILITIES & CATCH BASINS. RR (4) 10/05/07 0001110NAL TOP(). RR STANDARD LEGEND: APPROX. = APPROXIMATE. ASPH. (OR) ASP - ASPHALT. BFP BACK FLOW PREVENTOR. BLDG. = BUILDING. BOC = BACK OF CURB. BOW = BACK OF (SIDE) WALK. r CB - CATCH BASIN. CONC. = CONCRETE. COR. = CORNER. ELECT. = ELECTRIC RISER. EOG - EDGE OF GRATE. EOP = EDGE OF PAVEMENT. 005 - EDGE OF SHELL (ROCK). FC = FENCE CORNER. FFE = FINISHED BOOR ELEVATION. FL - FLOW UNE. FOG = FRONT 00 CURB. (A MN = MANHOLE. NG - NATURAL GROUND /GRADE. 0/1 - OVERHANG. OHU - OVERHEAD UTILITY (WIRES/UNES). P.O.B. - POINT OF BEGINNING. P.O.C. = PONT OF COMMENCEMENT. IEIE. - TELEPHONE RISER. TYP. - TYPICAL UCT = UNDERGROUND TELEPHONE UNE UGW + UNDERGROUND WATER UNE W/M - WATER METER. WPP - WOOD POWER POLE. WSP - 61000 SERVICE POLE ® = ELECTRIC RISER/VAULT/METER. ®= TELEPHONE RISER/VAULT. DQ - WATER VALVE/1401004 FIRE HYDRANT. 4V ®^ = STORM WATER MANHOLE = SA/41TARY 5EV1ER MANHOLE. = STORM WATER CURB INLET. -- = CENTERLINE. W000EN POWER POLE/ SERVICE POLE Ili Et. AflUPVIO FAST ORabog[ AiNA4 i MA TCH LINE "A" 1 a. D¢ W NNE vr riN CV -LS SlS A.a�mv -LI mar 1 STORY DOS BUILDING (9rt%IS ary1J If [NAMPA' MACE NM AVON IME A/R UN/T. • 41 I-Rd9[ aMA9p6til ,, / / / // / /z/ / / / / / /iii 3 % / / / / / / / / / / UMW WIN TOI NLY tN Mt arm- 16n' SHERIFF $ 0`1'C( 06711 am wav "EFL WAN ACMES MAP 0160<770 i 0 PAF6VC ( ( &IV ANIMA I .r I I IT S895322 cmt0`��a un 15.M #2 NW 4th. ST. 0-L4( A9WRLI S ar.. AWR1 SET 5/8' IRON ROO 6119 CAP 51)4APED: 'dA6LSON -LS 5157' AwnW NON ROO NO LA NOIL NO LA SAY/WY AMANaF PIK DIV. MN. REVISIONS NO DATE: DESCRIPTION BY: CO 06/29/06 REVISED UNDERGRWND WATER UPLITY ON PAGES 2 -6. RR (2) 08/02/06 REVSED OVERALL FINISHED FLOOR ELEVATIONS. RR (3) 09/07/06 REVISED OVERALL UNDERGROUND UTILITIES & CATCH BASINS. RR (4) 10/05 /07 ADDITIONAL 70P0. RR2 STANDARD LEGEND: APPROX. = APPROXIMATE. ASPH. (0R) ASP -ASPHALT. BFP - BACK FLOW PREWNTOR. 8LDG. -BUILDING. BOG = BACK OF CURB. 00W - BACK OF (SIDE) WALK. C8 - CATCH BASIN. CONC. - CONCRETE. CDR. = CORNER. ELECT. - ELECTRIC RISER EOG - EDGE OF GRATE EDP - EDGE OF PAVEMENT. EOS - EDGE OF SHELL (ROCK). FC = FENCE CORNER. (FE - FP691ED FLOOR ELEVATION. FL - FLOW LINE. FOC = FRONT OF 0000. MH = MANHOLE NG - NATURAL GROUND /GRADE. OH - OVERHANG. OHU - OVERHEAD U11UTY (WRES/UNES). P.0.8. = POINT CC BEGINNING. P.0 C. = POINT OF COIAMENCEMENT. TELE - TELEPHONE RISER. TYP. - TYPICAL UGT = UNDERGROUND TELEPHONE LINE. UGW - UNDERGROUND WATER UNE. W/14 - WATER METER. WPP - WOOD POWER POLE. WISP - 19000 SERVICE POLE VIIETO - ELECTRIC RISER/VAULT/METER. ®- TELEPHONE RISER/VAULT. pQ - WATER VALVE/MEIER. - FIRE HYDRANT. ®- 5TORM WATER MANHOLE ® SANITARY SEWER MANHOLE. - STORM WATER CURB INLET. = CENIERUNE. - WOODEN POWER POLE/ SERVICE POLE. •$ = BACK FLOW PREVENT OR. Q-o - SECURITY LIGHTING/ ALUMINUM LIGHT POST. NORTH 971 1 INCH - 20 FEET (1. -20 BOUNDARY €1 TOPOGRAPHICAL SURVEY PREPARED FOR OKEEChO5EE COUNTY BOARD of COUNTY COMMISSIONERS 5h T +OF6 LYING IN SECTION 1 s, TOWNSHIP )7 SOUTH. RANGE 53 FAST OKEECHOBEE COUNTY, FLORIDA PROJECT INFORMATION CALCULATED BY: JAW CALCULATION FILE NAME: 61/0 DATE DRAWN: 06/16 /2006 DRAWN BY: RR GATE CHECKED: 06/19/2006 CHECKED 9Y: JAW FIELD SURVEY DATE: 00/00/2006 7110 BOOK & PACE 6/93 -66 PROJECT NUMBER: 06 -0041 DRAWING NUMBER: CKEECOIINTY(ANNEX.) \pWC\06 -00419 / / EXPEDITION SURVEYING & E N G /NE E R /N G, An an I ' P 4 a Y 7 f 7 1 f OFFICE 304 NW 5N STREET - OKEECHOBEE MAIL POST OFFICE BOX 1610 - OKEECHOBEE FLORIDA 34973 PHONE 863- 357 -6666 100 863- 357 -8684 phnw- earnOeorlhllnk.nel Moo fxr MO IA ED. [m [D" LOP 0L9 (r) M.Of,60.00 .a AEXIO 141 coricer70 monweer CO. ED• j0 N89'52'21"E (M) 299.42' F MA TCH LINE "A" N -0 r r MADGE(Army F700O 7160 8 N89'50'04"E 70.00' (M). .p, • 1 I STORY 055 BOLDING I STORY CB.S BTF[IA166 (snarl m J REVISIONS NO DATE. DESCRIPTION: 8Y: (1) 06/29/06 REVISED UNDERGROUND WATER UTILITY ON PAGES 2 -6. RR (2) 06/02/06 REVISED OVERALL FINISHED F100R ELEVATIONS RR (3) 09/07/06 REVISED OVERALL UNDERGROUND UTUOES & CATCH BASINS. RR (4) 10/05/07 ADDITIONAL TOPO. RR," STANDARD LEGEND: APPROX. = APPROXIMATE ASPIC (OR) ASP = ASPHALT. BFP = BACK FLOW P60069TOR. BLDG. = BUILDING. BOC = BACK OF CURB. 80W = BACK OF (900) WALK. C8 = CATCH BASIN. CONC. = CONCRETE. CDR. CORNER. ELECT. = ELECTRIC RISER. E0G - EDGE OF GRATE. FOP = EDGE OF PAVEMENT. EOS = EDGE OF SHELL (ROCK). FC = FENCE CORNER. FEE FINISHED FLOOR ELEVATION. FL = FLOW UNE. FOC = FRONT OF CURB. NH = MANHOLE NG = NATURAL GROUND /GRADE. OH = OVERHANG. OHU = OVERHEAD UTIUTY (NIRES/UNES). P.O.B. - POINT OF BEGINNING. P.O.C- = POINT OF COMMENCEMENT. TELE. = TELEPHONE RISER. TYP. = TYPICAL UGT = UNDERGROUND TELEPHONE UNE. 1109 = UNDERGROUND WATER UNE. W/M - WATER METER. 161,6 s 8000 POWER POLE. WSP - WOOD SERVICE POLE ® = ELECTRIC RISER/VAULT/METER. MI= TELEPHONE RISER/VAULT. tX) = WATER VALVE/MEIER. = FIRE HYDRANT. = STORM WATER MANHOLE. ® = SANITARY SEWER MANHOLE. - STORM WATER CURB INLET. = CENTERLINE. W000EN POWER POLE/ SERVCE POLE. 116 = BACK FLOW PREVENTOR. 0o - SECURITY LIGHTING/ ALUMINUM UGHT POST. NOKT{1 9r 19 W 20 .1 WCY1 = TO FEET (1' = 207 DOUNDARY & TOPOGRAPHICAL SURVEY PREPARED FOR OKEECt-IO15E_E COUNTY 5OARD of COUNTY COMMISSIONERS 5HLE.T 5 OF 6 LYING IN SECTION 16, TOWNSHIP 37 SOUTH, RANGE 39 FAST OKEE.CHO1LE COUNTY, FLORIDA PROJECT INFORMATION CALCULATED BY: JAW CALCULATION FILE NAME: N/A DATE DRAWN: 06/19 /2006 DRAWN BY: RR DATE CHECKED: 06/19 /2006 CHECKED BY: JAW FIELD SURVEY DAIS: 00 /00/2006 FIELD BOOK Y PAGE: 8/93 -66 PROJECT NUMBER: 06 -0041 DRAWING NUMBER: LWEECOUNTY(ANNEX.) \ \OWC \06 -0041A EX %EDITION SURVEYING s, ENGINEERING, ;FIG. 1.• Y .4.V 64 4 ) 1 M1 T OFFICE 304 NW 5th STREET - OKEECHOBEE MAIL: POST OFFICE BOX 1610 - OKEECHOBEE. FLORIDA 34973 PHONE: 883- 357 -6688 FAX: 863-357 -6684 )ohnw- aan0earthlInk.nat SWrMr rANNt! 44 4410. Jan' NN BEV. 148" RP OEE- 11N NN M:- N.52' B.M. #s /69(z) FOUND PK NAIL WITH DISK STAMPED: -LS 5081- ALMOND- ELEVATION= 30.23 FEET (0.3'S.)(9.2'E.) ___ - - -J surrERE RP a., MOO -R-® NN aro. NAT' (05E) 'o- NW 2nd STREET 49WNr d.A .1 N' EN1aare a4 en. [a ... EM EOP 5' 50.02' (M) 50' (0) No5.33V• wox moo , LEP su ueewvyS ver rw um NTAT£ (n/trAU (TIN. ) 'E T. N69.53'20 "E (M) 150.06 h ▪ z•1 50.02' (M) 145• (P) AREA= 0.98± ACRES • 1. ,{ . /307 ` .� F'' 0.4' N89'53`20 "E (M) 150.06' • .0 X07 (M) 50' (5) Lox - M -- e' SaCwR NA' MORN 014) ( R>.0 11 N MEN ERN /OWE (73HCA - LOT 6 BLOCK 157 LOT 5 BLOCK 157 (e Out (02141 LOT 4 BLOCK 157 LOT 3 BLOCK 757 50.02' (M) 50' (P) my NEMER ("MN) (C) 50' LOT 2 BLOCK 157 50.02' (M) 50' (P) (TRACNI 1124 50.02' (M) 50' (P) M CAR ssho •lA,ercmwlS NS, LOT 1 BLOCK 157 50.02' (M) 50' (5) I 50 50.02' (M) 50' (P) r 50.02' (M) 50' (P) I 50.02' (M) 50' (5) Erto0 "'YE- A-EX) 441 =1 LC ' BLOCK 157 LOT 8 BLOCK 157 LOT 9 BLOCK 157 LOT 10 BLOCK 157 LOT 11 BLOCK 157 LOT 12 BLOCK 157 Moo r 150' (P) OR PVC MO La - - -___ _-____ ____._1 -__ _____ 58951'36 -W 300.00' (M) 300.05 (P) STATE ROAD NO. 70 NNM Am IN EA ANN) lw EIM. #6/69(1) FOUND PK NAIL WITH DISK STAMPED: "PSLI 5176- DEHAYS- ELEVATICN= 29.66 FEET svormr NNLux n« NEV. =RN ON Roo Iv U 15' ALLEY ti v 11 Rasa NGY� EN n (0216) N mho 5/1r. NW Ala WRY 99.93' (M) frIRED ROY REV MO l6 REAISIONS N0. DATE (1) 06/29/06 (2) 08/02/06 (3) 09/07/06 (4) DESCRIPTION BY REVISED UNDERGROND WATER UTILITY ON PAGES 2 -6. RR REVISED OVERALL FINISHED FLOOR ELEVATION5. RR REVISED OVERALL UNDERGROUND 50116E5 A: CATCH BASINS. RR STANDARD LEGEND: APPROX. = APPROXMATE. ASPH. (OR) ASP ASPHALT. 955 - BACK FLOW PREVENTOR. BLDG. - BUILDING. BOC = BACK OF CURB. BOW = BACK OF (501) WALK. CB - CATCH BASN. CONC. - CONCRETE. CDR. - CORNER. ELECT. = ELECTRIC RISER. EOC = EDGE OF GRATE. E0P = EDGE O PAVEMENT. EOS = EDGE OF SHELL (ROCK). FC = FENCE CORNER. FFE = FINISHED FLOOR ELEVATION. FL - FLOW LNE. 50C = FRONT OF CURB. MH = MANHOLE. NG NATURAL GROUND /GRADE. ON = OVERHANG. OHU - OVERHEAD UTILITY (WIRES/UNES). 5.0.8. - PO5T OF BEGINNING. P.O.C. = PONT OF COMMENCEMENT. TELE - TELEPHONE RISER. TM. = TYPICAL UGT = UNDERGROUND TELEPHONE LINE. UGW - UNDERGROUND WATER UNE W/AI - WATER METER. WPP - WOOD POWER POLE. W5P = W000 SERVICE POLE. ® = ELECTRIC RISER/VAULT/MEIER. ®= TELEPHONE RISER/VAULT. (yQ - WATER VALVE/METER. 'o^ - FIRE HYDRANT. - STORM WATER MANHOLE. - SANITARY SEWER MANHOLE. - STORM WATER CURB INLET. = CENTERLINE. - WOODEN POWER POLE / 5ERMCE POLE TLS = BACH FLOW PREVENTOR. Qa = SECURITY LIGHTING/ ALUMINUM UGHT POST. NORTH 20 l0 0' 1 AVM - .20 FEET (7' 20) SURVEY OF: LOTS 1- 6. BLOCK 157. OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT 9001( 5, PAGE 5. OF 111E PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIO& BOUNDARY & TOPOGRAPHIC SURVEY PREPARED FOR OKEE.Ct-IOgEE. COUNTY BOARD of COUNTY COMMISIONE.R5 SHEETsOr6 LYING IN SECTION 16, TOWNSHIP 37 5OUTI1, RANGE )5 EAST OKEECHOBEE COUNTY, FLORIDA PROJECT INFORMATION ` CALCLIUTED BY: JAW CALCULATION FILE NAME: N/A DATE DRAWN: 06 /23/2006 DRAWN BY: RR DATE OIECKED: 06/23/2006 CHECKED BY: JAW FIELD SURVEY DATE: 06/06/2006 FIELD BOOK 44 PAGE: 9/4 PROJECT NUMBER: 06 -0041 DRAWING NUMBER: OKEECOUNTYANNEY\ OW7: \06 -0041 EXPEDITION SURVEYING &ENGINEERIIVGinc 1..1, 47 .14 % v f f ( • f 05514E 304 NW 5N STREET - OKEECHOBEE MAIL: POST OFFICE BOX 1610 - OKEECHOBEE. FLORIDA 34973 P600414 663-357_6656 FAX: 683- 357 -6684 loll nw- esnOe2rthllnk.net 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 Email: infoAlarue- planning.com LaRue Planning & Management Services, Inc. Staff Report - Variance Request Prepared for: The City of Okeechobee Applicant: Okeechobee County Petition No.: 08 -002 -V Staff Report Variance Request Applicant: Okeechobee County Petition No.: 08 -002 -V General Information Owner: Owner Address: Owner Phone Number: Fax: Contact Person: Property Control Number Future Land Use Designation Zoning District Acreage Density Location: Okeechobee County 304 NW 2nd Street Okeechobee, FL 34972 863 -763 -4458 863 - 763 -2982 Jim Threewits Existing Proposed 3- 15- 37 -35- 0010- 01030- 0010 -03 Public Facilities Same Public Use Same 2.514 2.514 504 NW 4th Street Legal Description of Subject Property: • CITY OF OKEECHOBEE LOTS 1 TO 12 INC BLOCK 93 & ALLEYS IN SAID BLOCK & W 1/2 of SEMINOLE STREET, NOW WEST 6TH AVENUE; • CITY OF OKEECHOBEE LOTS 1 TO 12 INC BLOCK 103 & ALLEYS IN SAID BLOCK & W' /2 of SEMINOLE STREET, NOW WEST 6TH AVENUE; • CITY OF OKEECHOBEE LOTS 1 TO 12 INC LESS E 16 FT BLOCK 104 & ALLEYS IN SAID BLOCK & E 1/2 of SEMINOLE STREET; • CITY OF OKEECHOBEE LOTS 7 TO 12 INC LESS E 16 FT BLOCK 95 & SAID 1/2 OF ADJACENT ALLEY & E 1/2 OF SEMINOLE STREET; AND • CITY OF OKEECHOBEE LOTS 1 TO 6 INC LESS E 16 FT BLOCK 95 & N 1/2 OF ADJACENT ALLEY & E 1/2 OF SEMINOLE STREET. Description of the Requested Variance: The applicant is requesting a variance from Section 90- 375(2) of the City of Okeechobee Land Development Code to allow for a zero setback from unimproved NW 4th Street for a concrete building housing an emergency generator and associated fuel storage in the Public Use (PUB) Zoning District. Background: The subject property is approximately 2.5 acres fronting on unimproved NW 4th Street. This is the site of the Okeechobee County Sherriff's Department and Jail facility. The new facility is intended to replace the 20+ year -old generator located elsewhere on the 1 Staff Report Variance Request Applicant: Okeechobee County Petition No.: 08 -002 -V property but which is no longer capable of providing for the needs of the facilities during a loss of commercial power. Subject Site and Surrounding Area: The property on which the generator and fuel storage will be located is surrounded on three sides by other County -owned properties and facilities, with the ball park being located immediately south across unimproved NW 4th Street. All of these properties are also zoned public facilities. Only the lands to the west across unimproved NW 7th Avenue are owned by private entities and these are all zoned Industrial. The subject site, surrounding properties, and their zoning designations can be seen on the context aerial at the end of this report. The approximate location of the building (about 40' x 40') housing the emergency generator and fuel storage is between the existing "Sally Port" and the flag pole in front of the Sherriff's office (refer to site aerial at the end of this report). Discussion: After reviewing this application, Staff has determined that the request generally satisfies the criteria outlined below for granting the variance: A. Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. The Sherriff's Department and Jail were established nearly 20 years ago and the County had no way of contemplating the need for, and location of, a generator of this type at that time. B. The special conditions and circumstances do not result from actions of the applicant. Evolution of the nature of generators has resulted in specific locational require- ments that could not have been contemplated twenty years ago. In fact, need for and employment of such generators has only recently been considered necessary and feasible in the aftermath of the recent active hurricane seasons. 2 Staff Report Applicant: Okeechobee County Variance Request Petition No.: 08 -002 -V C. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant. The County has a responsibility to protect its employees, inmates and others under its care. The County also has a fiduciary responsibility to its citizens and taxpayers to meet its responsibilities in a cost effective manner that does not adversely affect other nearby properties. In this instance, it would be impractical and inordinately expensive, and a drain on the resources of the citizenry, to locate the emergency generator in a location that would comply with setback requirements. D. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. In order to place the generator in a safe location, within a practical distance of the source of fuel, and in an area wherein it can be physically accommodated, requires the possibility of a zero setback from unimproved NW 4th Street. E. Granting the variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoning district. Given similar problems and limitations, it is not believed that other public uses on land similarly zoned would be denied the ability to locate a mechanical device essential to safety and well -being of employees and other persons working or housed in a public facility. F Granting the variance will be compatible with the intent and purpose of the Land Development Code, and the variance will not be injurious to the neighborhood or detrimental to the public welfare. Given the fact that NW 4th Street will, in all likelihood, remain unimproved for the foreseeable future, and will not likely be necessary to provide access to other lands in the vicinity; and since the only other properties in the immediate vicinity of the location of the emergency generator are owned by Okeechobee County, the granting of the variance is not considered injurious to the neighborhood or detrimental to the public welfare. 3 Staff Report Variance Request Applicant: Okeechobee County Petition No.: 08 -002 -V Recommendation: Pending input from the Fire Chief that there is no fire hazard associated with the proposed location, Staff recommends approval of the request to allow as little as a zero setback from NW 4th Street for the location of a building to house an emergency generator and associated fuel storage. Proposed conditions to the approval include: Submitted by: James G. LaRue, AICP Planning Consultant January 10, 2008 Context aerial Site aerial 1st Hearing — Board of Adjustment, January 17, 2008 4 Staff Report Variance Request Applicant: Okeechobee County Petition No.: 08 -002 -V Context Aerial a• TATF,I X(}17, 4s N -V1 PARK STeriEET 5 Memorandum To: From: City of Okeechobee Planning Board Oscar Bermudez, Engineer Setback Variance: 504 NW 4th St. Okeechobee County Jail. Date: January 10, 2008 Re: Application from Okeechobee County to install a Generator within the City Code Setback. The Engineering Department along with the City Administrator and Mr. Jim Threewits County Deputy Admistrator has visited the site and discussed the possibility of reducing the required 20 Ft. setback to fit the proposed Emergency Generator Building. The Engineering Office will recommend not approving the request for the variance for the nature of the equipment to be installed right along the sidewalk. In addition, architectonically for the future of extension of 4th street expansion towards the West, this concrete shed will be an eyesore and noise contaminant for the area. Memorandum To: From: City of Okeechobee Planning Board Oscar Bermudez, Engineer Setback Variance: 504 NW 4th St. Okeechobee County Jail. Date: January 10, 2008 Re: Application from Okeechobee County to install a Generator within the City Code Setback. The Engineering Department along with the City Administrator and Mr. Jim Threewits County Deputy Admistrator has visited the site and discussed the possibility of reducing the required 20 Ft. setback to fit the proposed Emergency Generator Building. The Engineering Office will recommend not approving the request for the variance for the nature of the equipment to be installed right along the sidewalk. In addition, architectonically for the future of extension of 4th street expansion towards the West, this concrete shed will be an eyesore and noise contaminant for the area. Message Page 1 of 1 From: terry burroughs Date: 1/17/2008 6:05:47 AM To: Betty Clements Subject: Planning meeting Betty, I will not be able to attend this evening's planning board meeting Thank You Terry Burroughs Treasurer Okeechobee Main Street, Inc. Okeechobee County Fair Association, Inc. ga 61A 1/17/2008 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME—MIDDLE ,NAM J-la. kr,. 0 l t,r.. NAME OF BOARD, COUNCIL, C MMISS AUTHORITY, COMMI EE CIL.- C..1 -� �-e.� C�r, lik AP I I , .v MAILING ADDRESS ..,_ di u OC %.A e 3 ci�' COUNCIL, COMMISSI , AUTHORITY O OMMITTEE ON W I SERVE IS A UNIT OF: CITY ❑ OTHER LOCAL AGENCY _ ' •\ COUNTY CITY �CJ� (J `ew'�' O NAME OF LITIaCA Ot.,'T O 66 e. /❑(COUNNTY t` DATE ON WHICH VOTE OCCURRED i i_ 1 1 1 .V j%, MY POSITIO /KIS: ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8E3 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and fife it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, b.t Utv... , hereby disclose that on 1/7 ,20 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, t/ /� inured to the special gain or loss of �6)GZ U 144 aPq % , by whom I am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: // o(i) PC611&0-61-e Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM BB - EFF. 1/2000 PAGE 2 JANUARY SPECI AL Y OUR NEW SUBS ProMed \Valk -In Clinic, Inc Convenient healthcare for All. Agee Carol John,, ARNP Ms. Lane Gamiotea, City Clerk Mr. Bill Ledford, Chairperson c/o Okeechobee City Hall 55 SE 3' Avenue Okeechobee, FL 34974 January 22, 2008 Greetings: www..promed -ci.in ic.com 1703 .5\V 2n4 Avenue Okeecchobee, FL. 34974 863-467-7377 Fax 863-467 -9688 I regret to announce that it is necessary for me to resign from the City Planning Board due to work and family time constraints. I appreciate the opportunity to have served the City in this capacity. Sincerely, Carol Johns