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2008-09-18 272 CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 18, 2008 SUMMARY OF BOARD ACTION PAGE 1 OFI ~..~ I. CALL TO ORDER ~ Chairperson. Planning Board/Board or Adjustment and Appeals, September 18,20086:00 p.m. Chairperson Maxwell called the September 18, 2008 meeting to order at 6:600 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE ~ Secretary. Board Secretary Clement called the roll: Chairperson Devin Maxwell Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Mike O'Connor Board Member Douglas McCoy Board Member Malissa Morgan Alternate Member Osiel Torres Alternate Member Karyne Brass Attorney John R. Cook Senior Planning Consultant Bill Brisson Secretary Betty J. Clement Present Present Present Present Present Present Absent (with consent) Present (moved to voting position) Present Present Present Present III. MINUTES ~ Secretary. I A. Motion to dispense with the reading and approve the Summary of Board Board Member McCoy motioned to dispense with the reading and approve the Summary of Board Action for the July 17. Action for the July 17, 2008 regular meeting. 2007 Regular Meeting; seconded by Board Member Hoover. VOTE HOOVER~YEA MORGAN~ABSENT O'CONNOR ~ YEA KELLER ~ YEA TORRES~YEA. MOTION CARRIED. MAXWELL~YEA BURROUGHS~YEA MCCOY~ YEA I I I AGENDA IV. AGENDA ~ Chairperson. SEPTEMBER 18, 2008 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS~ PAGE ?ol3 \;f:(cTrbN~'D('Gi'; ':;'\JOTE A. Requests for the addition, deferral or withdrawal of items on today's Chairperson Maxwell asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. Member Burroughs requested the Board discuss the status of the sign ordinance. Clerk Gamiotea was added to review the citizen handbook and sunshine laws. V. OPEN PUBLIC HEARING ~ Chairperson. A. Application No. 08-005-SSA: Jerry Suarez, property owner and applicant. Mr. Brisson presented the application and the Staff recommendation of approval stating the property is consistent with the Request for land use change from Single Family (SF) to Commercial (C). Comprehensive Plan Use Categories and Plan Policies, the public facilities are adequate and compatible with adjacent and The property address is 701 NE 3rd Street - Planning Consultant. nearby land uses. Traffic issues will be addressed at the time of site plan review. I Anita Nunez, representing the owner, addressed the Board. She reported the old fish house would eventually be removed and the small house was going to be remodeled and used as the construction office for the project that is to be developed on this property and the property to the south. The first phase of the project is a convention hall, 12,000 square feet with water frontage to compete with the KOA and is scheduled to be completed June 2009. Intend to submit for site plan review for this first phase to be heard at the October Technical Review Committee Meeting. Chair Maxwell opened the public hearing and asked whether there were questions and/or comments from the public? Robert McCrocklin, 604 NE 3rd Street, one house up from the corner, NE 7th Avenue. He said he was representing several of his neighbors. Mr. McCrocklin expressed to the Board his wish to be on record as opposing the land use change. Mrs. Nunez asked for clarification, of Mr. McCrocklin's residence in proximity of the property, then noted, there are several operating businesses in the area. There were no further comments from the public. Member Hoover moved to close the public hearing. Terry Burroughs seconded the motion. MAXWELL ~ YEA BURROUGHS~YEA MCCOY~YEA VOTE HOOVER~YEA MORGAN~ABSENT O'CONNOR ~ YEA KELLER~YEA TORRES~ YEA MOTION CARRIED. Board discussed the development location noting would clean up and enhance the area. The Board concluded this would not create a noise issue. Also discussed was a possible lighter use of commercial zoning. Mr. Brisson stated the rezoning was coming up directly after this application. Member Burroughs moved to find Application No. 08~005~SSA consistent with the Comprehensive Plan and recommend approval to City Council to change land use from single family to commercial; seconded by Member O'Connor. 27. SEPTEMBER 18, 2008 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS ~ PAGE 3 OF ' "-""";,;,'c*;,;,:;~~~,i"c 'A.C.T16N ,;'Q(S~, \ . 'E. DA.:' . V. PUBLIC HEARING CONTINUED. Application No. 08-005-SSA: Jerry Suarez, property owner and applicant. Request for land use change from Single Family (SF) to Commercial (C). MAXWELL ~ YEA The property address is 701 NE 3rd Street -continued. BURROUGHS ~ YEA MCCOY ~ YEA A. - ,; VOTE HOOVER~YEA MORGAN. ABSENT O'CONNOR ~ YEA KELLER~YEA TORRES~ YEA MOTION CARRIED. B. Petition No. 08-005-R: Jerry Suarez, property owner and applicant. Mr. Brisson presented the Petition and the Staff report of approval. This Petition is the rezoning of the prior item we jw Request for rezoning designation from Residential Single Family-One discussed for land use change. CHV district is consistent with the land uses. Buffering would be addressed at the site pia (RSF-1) to Heavy Commercial (CHV). The property address is 701 NE phase. 3rd Street. - Planning Consultant. Chair Maxwell opened the public hearing and asked whether there were questions or comments from the public? There wer none. Member O'Connor moved to close the public hearing. Member Burroughs seconded the motion. MAXWELL~YEA BURROUGHS~YEA MCCOY~YEA VOTE' HOOVER~YEA MORGAN ~ ABSENT O'CONNOR ~ YEA KELLER-YEA TORRES- YEA MOTION CARRIED. Board discussed possible less dense commercial zoning. Decided not a good option due to the property to the south bein:J zoned heavy commercial and the use proposed. Member Burroughs moved to find Rezoning Petition No. 08~005~R consistent with the Comprehensive Plan and recommend approval to City Council to change the Zoning Designation from RSF~1 to CHV; seconded by Member O'Connor. MAXWELL ~ YEA BURROUGHS~YEA MCCOY~No VOTE HOOVER~No MORGAN ~ ABSENT O'CONNOR ~ YEA KELLER~YEA TORRES~ YEA MOTION CARRIED. I I I SEPTEMBER 18, 2008 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS ~ PAG6 0755 ~~Drs~U$SIC> ' V. PUBLIC HEARING CONTINUED ~ QUASI~JUDICIAL ITEMS. C. Petition No. 08-010-SE: Property owners David and Darryl Kinchen and Donna Beck, applicants Tiffanie Ramirez and April Hayles. Request tb consider a special exception to allow a beauty shop within a Commercial Professional Office (CPO) zoning district (Ref. Code Book Section 90-223 (2)). The property address is 422 NW 3rd Street - Planning Consultant. Mr. Brisson presented the staff report of approval explaining the beauty shop has not been in use for over two years due to death of the owner, therefore the current applicants have to obtain a special exception to re-open the business. Density is not an issue. Applicant Tiffanie Ramiraz reported to the board, there are 13 parking spaces provided on the street. There will be only two workers and two clients at one time. Chair Maxwell opened the public hearing and asked whether there were any questions or comments from the public. Shirlene Graham, asked whether Mr. Maxwell knew of any parking issues in the area. Attorney Cook instructed the Board, the issues of parking and landscaping would be addressed when the applicant applies for their Business Tax Receipt (BTR). Member O'Connor moved to close the public hearing. Member Hoover seconded the motion. MAXWELL~YEA BURROUGHS~YEA MCCOY~YEA VOTE HOOVER~YEA MORGAN~ABSENT O'CONNOR ~ YEA KELLER~YEA TORRES~ YEA MOTION CARRIED. Board discussed the parking and landscaping issues, stating this is a quaint area. Attorney Cook has given us direction of the special exception as far as requirements for parking and landscaping, that the issues would be addressed at the time the applicant applies for their BTR. The Board asked Mr. Brisson whether they are required to impose any of the requirements? Attorney Cook answered, the Board has no authority over the parking requirements. The applicant has to comply with the current codes. They do not have to be stipulated. He further stated, the Board could impose conditions such as noise and odor, but complying with current City Codes is automatic. Member Burroughs moved to approve Special Exception Petition No. 08~010~SE to allow a beauty shop located within a Commercial Professional Office (CPO) zoning district (Ref. Code Book Section 90~223(2)); seconded by Member Hoover. MAXWELL~YEA BURROUGHS~YEA MCCOY ~ YEA VOTE HOOVER~YEA MORGAN~ABSENT O'CONNOR ~ YEA KELLER. YEA TORRES~ YEA MOTION CARRIED. ~7 ..AGENOA " IV. NEW BUSINESS. SEPTEMBER 18, 2008 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS ~ PAGE 5 OF ~-" !A.ei'ION.~'DtSe .~ VOTE !; .- A. Consider and discuss request for amendment to the City's Land The Board requested a workshop with the City Council to review the pending sign ordinance. It has been approximately niT Development Regulations. months since the ordinance was first presented. V. ADJOURNMENT ~ Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board/Board of Adjustment and Appeals 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. ATTEST: ~~ Devin Maxwell, Chairperson Clerk Gamiotea presented a short program on the Citizen Board Hand Book policies and procedures including the Sunshir guidelines. There being no further items on the agenda, Chairperson Maxwell adjourned the meeting at 7:50 p.m. CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING SEPTEMBER 18, 2008 OFFICIAL AGENDA Page 1 of 2 I. CALL TO ORDER: Planning Board/Board of Adjustment and Appeals, September 18, 2008, 6:00 p.m. - Chairperson. II. CHAIRPERSON, BOARD MEMBERS AND STAFF ATTENDANCE - Secretary. Chairperson Devin Maxwell Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Douglas McCoy Board Member Mike O'Connor Board Member Malissa Morgan Alternate Osiel Torres Alternate Karyne Brass 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 July 17, 2008 regular meeting. IV. AGENDA ~ Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. SePTEMBER 18, 2008 ~ PB/BoA AGENDA ~ PAGE 2 OF 2 V. OPEN PUBLIC HEARING ~ Chairperson. Location Applicant Staff Representation 08-005-SSA Recommend to City Council to change Land Use from Single Family (SF) to Commercial (C) 701 NE 3rd Street Jerry Suarez Senior Planning Consultant 1. Application No. Request location Applicant Staff Representation 08-005-R Recommend to City Council to change Zoning Designation from Residential Single Family - One to (RSF-1) to Heavy Commercial (CHV) 701 NE 3rd Street Jerry Suarez Senior Planning Consultant 2. Application No. Request QUSAI JUDICIAL 3. Application No. Request Staff Representation 08-01o-SE Consider Special Exception to allow a beauty shop within a Commercial Professional Office (CPO) zoning district (Ref. Code Book Section 90-223 (2)). 422 NW 3rd Street Tiffanie Ramirez & April Hayles on behalf of property owners David & Darryl Kinchen & Donna Beck. Senior Planning Consultant Location Applicant CLOSE PUBLIC HEARING ~ Chairperson. VI. New Business. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURNMENT ~ Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the owortunity to be heard at these public hearings. Any person decidng to appea/ any decision made by the Planning BoardlBoard of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceedng 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 Dept. CITY OF OKEECHOBEE SEPTEMBER 18,2008 PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS HANDWRITTEN MINUTES I. CALL TO ORDER. Chairperson: September 18,2008, PlanninQ Board/Board of Adiustment and Appeals Reqular Meetinq 6:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE ~ Secretary Chairperson Maxwell Vice-Chairperson Hoover Board Member Burroughs Board Member Keller Board Member Morgan Board Member McCoy Board Member O'Connor Present V/ Absent iJtfI V' Senior Planner Brisson ; . <A1^- Alternate T orres ~\ e V f [) T' V C'T! tV 9 pc:":>! T ID AI Alternate Brass Attorney Cook Secretary 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 July 17, 2008, regular meeting. MOTION: Board Member ~tct, i moved to diSpe~th the reading and approve the Summary of Agency Action for the July 17, 2008 regular meeting; seco ded by Board Membe ovt- K:- . (CARRIED _ TO_) SEPTEMBER 18, 2008 ~ PB/BoA MINUTE GUIDE ~ PAGE 2 OF 6 IV. AGENDA. Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. CHAIRPERSON MAXWELL OPENED THE PUBLIC HEARING AT 6:00 P.M. 1. Application No. Request Location Applicant Staff Representation 08-005-SSA Recommend to City Council to change Land Use from Single Family (SF) to Commercial (C) 701 NE 3rd Street Jerry Suarez Senior Planning Consultant - L~/ .-- ! - ~ SEPTEMBER 18, 2008 ~ PB/BoA MINUTE GUIDE ~ PAGE 3 OF 6 V. OPENED THE PUBLIC HEARING CONTINUED. Motion: Board Member ,fjL~~ moved to approve/deny Small Scale Land Use Map Amendment Application No. 08-005-SSA and recommend tb"City Council to change Land Us&or%~in_gle Family (SF) to Commercial (C) for property located on 701 NE 3rd Street; seconded by Board Member .. LClUuz... . VOTE YEA NAY ABSTAIN ABSENT ..- MAXWELL v' HOOVER v,...- BURROUGHS v,...- KELLER V MORGAN L--' MCCOY v-" O'CONNOR ~ TORRES ~ BRASS /) d, ---- ,,,,", v .(1 r DENIED I RESULTS CARRIED ) " - Location Applicant Staff Representation _\ 08-005-R (j) Recommend to City Council to change Zoning Designation from Residential Single Family - One to (RSF-1) to Heavy Commercial (CHV) 701 NE 3rd Street Jerry Suarez Senior Planning Consultant 2. Application No. Request ~ (:]-' SEPTEMBER 18, 2008 ~ PB/BoA MINUTE GUIDE ~ PAGE 4 OF 6 V. OPENED THE PUBLIC HEARING CONTINUED. C J--{ C5--/~ SEPTEMBER 18,2008 ~ PB/BoA MINUTE GUIDE ~ PAGE 5 OF 6 V. OPENED THE PUBLIC HEARING CONTINUED. Motion: Board Member [)LlhA-rA 2L ;~ moved to approve/deny Rezoning Petition No, 08-005-R and recommend to City Council to change the Zomng Designation from Residential Single Family - One to (RSF-1) to Heavy COl(fb.erci~1 (CHV) Zoning District for property located at 701 NE 3rd Street; seconded by Board Member () -vf-1U5l . VOTE YEA NAY ABSTAIN ABSENT MAXWELL v/ HOOVER V BURROUGHS 1/' KELLER ....---. ,. MORGAN ~ MCCOY V O'CONNOR ../ TORRES -/ v BRASS tiff /.. .---~ /1' . I ) I DENIED I RESULTS CARRIED "- ~ QUSAI JUDICIAL 08-010-SE Consider Special Exception to allow a beauty shop within a Commercial Professional Office (CPO) zoning district (Ref. Code Book Section 90-223 (2)). 422 NW 3rd Street Tiffanie Ramirez & April Hayles on behalf of property owners David & Darryl Kinchen & Donna Beck. Staff Representation Senior Planning Consultant DISCUSSION: 1 /1 ltAAt.41!-rc / t.-1tz-c1 CfI~ J Z cJILt.- :t/(l/Y~~J - -~U-d) 3. Application No. Request Location Applicant .C-L.-_"-_ /'H- (J/ ~ . _~/- L-t: - / .-4Z---- . s.e-tc ~; Application/Petition No. 09;"-e,! [) sL ').. cl{1 (;,/} '- t I 1-- SEPTEMBER 18, 2008 ~ Ps/BoA MINUTE GUIDE ~ PAGE 6 OF 6 Motion: f Board Member -< it1-(,h~' L~ moved to approve/deny Special Exception Petition No. 08-010-SE to allow a beauty shop located wi hin a CommeT lal Professional Office (CPO) zoning district (Ref. Code Book Section 90-223 (2)) seconded by Board Member 1'-~7/-.c/L/ . VOTE YEA NAY ABSTAIN ABSENT MAXWELL /' HOOVER . .-/ <./ BURROUGHS ",/ / KELLER i/ MORGAN G.------ MCCOY L.'/ /,.- O'CONNOR L/ TORRES ~. BRASS aA:-~ . RESULTS I CARRIED I DENIED I CLOSE PUBLIC HEARING - Chairperson 'I.' II P.M. VI. New Business. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson, /( I ~<,~ (.Ad - < c,\ i"XZ 01.' ~u e-e/ -J'D II. CHAIRPERSON MAXWELL ADJOURNED THE MEETING AT 7.'.'::7..' P.M. ,1 I . ,::::::--?' --- I . "ir'~ Ii 1) I .1 ' "L _'ON UO\\\Wd/UO\W~\\dd' -~ The Okeechobee News P.o. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF R..ORlDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher ofthe Okeecho~e News, a DAILY Newspaper published at Okeechobee, In Okeechobee County, Florida; that the attached copy of advertise- merp, being a /r-U b (I L-- At:ytIL~ in the matter of tv tH' i C-~/ 0 F ~b ""7 ( J .e/-t<_;~r;",., in the 19th Judicial District of the CircuIt Court of Okeechobee County, Florida, was published in said newspaper in the issues of <5e-P+-~~.Q./ ~. 17 ;7co5 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, finn or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. /~ t:J.. off' A.D. 20_ NOTICE OF CONSIOERATlON OF PROPOSEO COMPREHENSIVE PLAN AMENDMENTS NOTICE: A PUBUC HEARING win be held before the City of Okeechobee Planning Boanlllloard ol.Adjustment and Appeals on Thursday, sepl,mber 18, 2008 at 6:00 p.m. or as saoQ thereafter as possible. The meeting win be held at City Hall, 55 Southeast 3rd Avenue, in the Cpuncil Cl1ambelS, Room 200. 0l<eechobee, Ronda . To consider a request for a Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 08.00s.SSA. The application is submitted by prop- erly owner(s), Jerry Suarez, The application is to change the Future land Use designation from SlOgle Family (SF) to Commercial (C) lor property iocated at 701 Northeast 3rd Street legai descnption: Parcel One: Lots 7 to 12, inclusive of Block 116, Okeechobee, according to tile plat thereof recorded in Plat Book 1, Page 10, Public Records 01 Dkeechobee County, Rorida and said plat being recorded in PIal Book 5, Page 5 Public Records of Okeechobee Counly, Ronda; and Parcel Two: a parcel of land Iyingjn Section 15, Township 37 south, Range 35 East, Okeechobee County, Ronda, and being compnsed of one 01 the parcels of land as recorded in D.R. Book 645, Page 137001 the Public. Records of DkeeGhobee County. Ronda and being more particulady described as follows: Commencing at the Southeast comer of lot 1 of Block 116, Dkeechobee according to the plat thereof recorded in Plat Book 5, Page 5, Public Records 01 Okeechobee County, Ronda, Thence run South and running aloJig the Western boundary of Parcel 4 according to the Plat No, 1 of Taylor Creek WatelShed as recorded In Plat Book 3, Page 29, PUblic Records of Okeechobee County; Ronda, to the centerline of the 15 foot alleyway in' said Block 116, to the Southeast comer 1lf lot 12 of said Block 116 and also being the Northwest comer of Parcel 3 of said Plat No. 1 of Taylor Creek WatelShed; thence run Southwesterly, along the Westem boundary of said Parcel 3, to the centedine,of Northeast 3rd Street (formerly Ninth Street); thenC1J run East, along said centerline of saJd Northeast 3rd Street (Iormerly Ninth Street) extended East, to the Western Shoreline of Taylor .Creek; thence run North. eny, along said Western Shoreline 01 Taytor Creek, to the in1eIsection with the centerline 01 said 15 toot alleyway extended East, thence run West, along the cen. tedine of said alleyway extended, to the Point 01 Beginning, A copy of the entire application(s) and agenda are.availabie in the General Services OffICe, RIO 101 at City Hall or by calling Betty Clement at{B63) 763-3372 x 218. The Planning Board will make recommendations to the City Council for considera. tion and final adoption tentatively scheduled for Tuesday, October 7, 2008. PLEASE TAKE NOTICE AND BE ADVISED tl1at >> any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this meeting, or he~ng will. need to ensure a vertlatim record of ~ proceedings . is made, which record includes the testilllQny and evidence upon which the ap- peal is to be based, General Services media are used lor the sole purpose of back-up lor the department, . In accordance with the Amencans with Disabilities Act (ADA) and Rorida Statute 286.26, pelSOns with llIsabililies needing special accommodation to participate in this proceeding should contact Betty Clement, no later tifun two (2) worl<ing days pnor to the proceeding at 863-763.33nx 21B; ~ you are heanng or voice im- paired, call roo 1-800-955-B770(voice) or HOO-955-B711 (TT'I), BY: Brian WMehall, Zoning Administrator Application No, 08-005-SSA . 269918 ON 913,12/08 . NOTARY PUBUC-STATE OF FLORIDA ,:.......,,',,-., Angie Bridges ~ ~ i Co~mis.sion # DD779718 "" ..... Exprres. APR. 20, 2012 BONDED THRU ATLANTIC BONDING CO., me. City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, en. 218 Fax: (863 763-1686 Comprehensive Plan Map Amendment Application and Checklist J Please Check One: ~ Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) Name of property oviner(s): Owner mailing address: Name of applicant(s) if other than owner (state relationship): L Applicant mailing address: Applicant e-mail address: {; - JJ... A I L - Name of contact person (state relationship): Fax:~3' -lffc 7/ /Jbt Property address I directions to property: 101 nE 3 fZt:. STTt-CeI OR 31.( 9 7 Z .. -I - 37-3'S; Wi - COOl 0-. CJO J 6 Parcel IdentificatIon Number: 3 -/5- 37 - - Q i - Size of the Property (in acres): j, ~ Current Zoning Designation: 81 MC7 L (:'7 r /tM I L Current Fumre Land Use Designation: 61 N 6 LE l----nmlL . Existing Use of the Property: 6J 1\J6 IE F /1m It V / VA t'11:NT Fl3f rkJuSE Proposed Future Land Use Designation: CQ,vl tvtffi iA I Proposed Use of the Property: D-HCfS AN D F(Sf-! fbusE' Description of Surrounding Properti~: '<, C~IA4.Mf?R(IAL - L IE-rHT6fY..J S I N&)E FAIV\IL \ -V A(A1JT LA kID , Legal Description of the Property (Lengthy Description May be Attached): AlT A( H-1V1 ENT ~ it Uniform Land Use Application (rev. 7/(8) Page 1 of 2 ~~=:.~~~.~. '_..~~ ~.~I,,:.~,'~~_~.~~~~~~~{E~~'~~t2~1:~;ti~':~'i:~~{: 'i'=~~~-~~~~~~: : ~i-~.~~-~~_~~~] j Survey of Property (11" x 14",20" Scale) / $500.00 Application Fee (non- refundable) Note: Resolution No. 98-11 When the cost for advertising, publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual cost. _ Letter Outlining Request ~ City Location Map Notarized Letter of Owner's Authorization ~~~~~:;F:;~:' ,_P~~'~~" ~:~ ~..: 'n *. ~-~'_ .~~~~ ~2~;;'~~:~-:~~:~~":_~':_~~.~'~,~~ ;~~:-~~~~t'~. ;.~;=~ : ~~ ;~~~', ~_ .:~: - ~:;:;:~'~~~~:~. ~ ~ . . _.on:, "~"'. H ~.~ _.~,.._.~:~".... -. . - --";1 -- ~.-'.. _ ". "'I..t-)3.E J , .f"q:,t\J)~ ,~:" L"'..; ~,p~~hL.)lc j,"'..'~\'_11~,~,"" _ - ,: "I' J0~';":~)~:;=~~~~;~~ . ~..._~~:~E;~!~ . ~:~, _~:~. ~.~. .~~~~c:~iZi~;~ ..:~:~_ ~__~':~"_;~~~~;:::~~"'~''''_ ,', . __~:" \L:;. ~_:~}.:';._..' '. _. ] 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 r t in the summary denial of this application. JERRV SoAREr B-L/-DPJ Printed Name Date rehensive Plan Amendment a Iications 2 Applicants letter outlining request 3 Notarized letter of consent from owner * 4a Property survey certified boundary survey, date of survey, surveyor's name, address and phone number Legal description on survey 4b 4c Computation of total acreage to nearest tenth of an acre on survey Drawing size 11 x 17. iflarger size, submit 13 copies 4d 5 6 City location map within 100 feet of subject property Application fee (non-refundable) - $ 500.00 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges - When the cost for adver,tising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. <tIt/lor 1f ()d. 9 w;;;- * Necessary only when the applicant is different from the property owner. ~ , -- ",/ ../ ~ ~ Unifonn Land Use Application (rev. 7/08) Page 2 of 2 July 17, 2008 Jerry Suarez 3679NW 4th Ave Okeechobee, FL 34972 To Whom It May Concern: I, Jerry W. Suarez, owner of 701 NE 3rd Street am requesting change ofland use for the fish house and the single family house to be an office building. Thank You, p:;:~ July 17, 2008 Jerry Suarez 3679NW 4th Ave Okeechobee, FL 34972 To Whom It May Concern: I, Jerry W. Suarez, owner of701 NE 3rd Street, state that the information on this application is true to the best of my knowledge. ThankYo~ d::'W.~ C-I u! lU> ~ I. ~ . I n;J' . ~ ~ ' t-" t-" .. ru o J) ~ '. o ~ ' ~ ~; t-" : (S) .' . . ~ ; . t-". lilll! I I' 'tl ; I ". . . ~ l-l 1 . It ii >It I .. it 1~ Ii .. . . . ,...,,(' . t if'\. . . .{,:. I ~ t. ~ ~,~ \ l' : l I "Itlt ~ a tl' ~l I: i ~ \ ~', .! . f 1 ~ i'it .' ~ t " i l t~ .\ ~ c\'. >' Ii'" 1 }ll III Iti ~ [It It II II ~ ! ; .il!. . t It .in! ~.I'. ; .. ,ll't~ , J.. ~ ell . . , 1 .- s I. ! l .... tr Q,' i It. . t., a.L!t.' , t It \ .f1. ....,' . ,. If S' . ::: l' >. . t . 'r l i ,,1\ .10 \ ; ~ . . .', ' '. ," l"'~ I ., 11 Jl lt, . ~ ~. . . . ',:.' I 1. It' , 1 'J '.a ~. . 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IIld 11III SJI'lIIIICI' cIoeI hInIIrt My WIIII'8Ilt 1M 1IIllt to I8Id land. and wiI deI8nd the IIIDHt 8G8iIIt ~ cIIIIms of alllCI'eOna whomsoever. . , *"GfIqlOl"tDcI ~... URd l'vr~or~.. ~J'tquIrn. ID WiIaas Wheno( granIar ha NnltIIo 1BtgnRlr'a Iiand and" a.day;md yearfht above WI!Il8n. ~T~. ,. - . ~~ . ~.;" tg~~~~~1? 2ud WilDNH'rilii NIIlIo SImIl DCFIoricIa CalIat,alObaaIwb.. ThD insoincft.A.~_~ ~_I:ID.::!4t,yol'Jw.._ ';;'lUClc'A ~IIIdBONrrAD. LIOBTDY, -- )IaIIlIDaIJy bown III' U baWl procIueed ... ...- tt*J ~lLP'~ ..14,4-..;:) lNoIII1 StaIJ ==e:. N Be _ . ...... PWIllICl Name: . M,y CDmmIl:dao exp~ BoOk655/Page216 CFN#20oa006689 06-04-2008 15: 51 D A SOD 863 467 0610 Page1of2 PAGE: 1 liGAt-D~l\lTtQN A PARCBL,QF LAND LYING IN' SECTION. 15; TOWNSHIP 37 sotmr. RANGB 35 BAST. OKBBCHOBBB COUNTY. PLOlUDA...AWlBENGCOMPIUSBJ) OYONB.OP THBPARcBI$Ol.. LAND AS RBCOKDm'1l'U)fP1QAL1lBCORDS;(6Jt.)~DOO1t64~~.PAOB \370.0P nmpUBUC. RECORDS: OP' omcsomm COUN'IY; FLORIDA, AND BBlNO MORE PAllnctJI;.AJtLY DESClU8:sD ASPOLLOW8: . .' . . ' COMMENCING' A.'r THB SOUTHEAST CORNllIt OF tOT 1 OF BLOCK- ll~ OKB'ECH08EB.. ACCORDlNGTO'llIBPLAT IttiCEO'RECORDBDINPLATBOOKS.PAGES.PTJBIJCRBCORDS OF OKBECHOBm COUN'r"i. FLORJD,A.. 'l'HENC&lWNSOUTB AND'lWNNINO ALONG'ID WES1'BRN BOUNDARY OF pARCEL ... c\CCORJ>INtt TQ' PLAT' NO; I: OF TA YLOlt CRBBK. . W)..~ASRECOlmBDINPIATBOOK3';PAGB29.PUBUCRECOBDsOFOKEBCHOBS . . COUNTY, FLOroDA. TO nmCEN'I'BRlJNB'OF1R1! lSl'OOT AlDNWAYlN SAlD BLOCK 116 AND nm POJNT OF BEGJNNINO;; THENCE CON'f!NUB SOUTH, ALONG nm WESTERN BOTJNDAR,Y OF SAID PAR.Cm. 4.AND THR BAST BOUNDARy OF SAID BI.OCX 116. TO TIm soU'l'HBA!'f cO>>ae'FWT 12 OYSAlDBtQC1C.U6AND ALSO-BBING THE NelalPNBfFF - . COR.NS.OPPAACEL 3 OF SAID PLATNO.IOFT^YLOR:CllEBKWATBRSHBD; ntsNCSR.W so~Y. ALONG nm \VES'IERN BQljNDARY of SA1D PAlC!L 3.. TO mE CiN'I'!1WNBOPN.B. ~ STRmtt(FOJtMBRLYNINTHsmBB'I);'1'BBNCB lWN'BAS'F.ALONG . SAlDceNTBRLJNBOP SAIDNIE-3*S1'RBIIT(FOlC]"fRitLY~~.t;!)~BAST. ro'lBBWSJ.i~Rl>lSHOllBLlN8ollTAYLO&~~CB1UlNN01lTHBR.LY.ALONGsAID W'P~.N~~.BTJloffiQ'f'TA~~ TO~wrmnmceNTBRLJNB. OF SAID IS rooT /J.J.ElWAY BXIBNDBD B.AS'I;, ~ 1WN WBS'l'. ALONG iBB CENTElUJNB OP SAlD AUEfWA YE'Xl'SNDED. TO THB pOIN'[ OF BBGINNINCl. . '. (m\-'l'1oa.WKlJ ) C+~ Book655~age217 CFN#Z008006689 Page 2 of2 PAGE: 2 05-04-2008 i5:5i D A SOD 863 467 05i0 D & A Properties, (NuDa), Jnc, 610 North Pmott Avenue Okeechobee, Fl 34972 This lDstrument prepared by: D & A PropcI1ies. (N_>'lDc.. 610 North Pmott Avenue Okeechobco, Fl 34972 Parcel ID # 3-15-37-35-00111-0OO10-0010 ~~JlIJtlll.l~llllo9007 OR 8K 00657 PG 1786 SHARON R08ERTStllb CURK OF CIRCUIT CDURT OKEECHOSEE COUNTY, F1. RECORDED 08/01/'2008 10H61~2 lilt AMT 10.00 RECORDING FEES 10.00 DEED DOC 0.70 RECORDED SV 6 llewbDlJl'n P, 1786J (1,.) Grantee(s) SS#' SPACE ABOVE nus LINB FOllPR.OCESSING DATA This Quit ciailll Deed, E:xecuted this lB~day of JuJ.y, 2008, By D&A Properties,(Nunez), Inc., first party to Jerry W. Suarez, whose post office address is 3679 NW 6th Ave, Okeecbobee, FL 34972, the second party. (Whenever used herein the terms "first party'" and "second party'" include all the parties to this instrument and the heirs, legal. representatives and assigns of individuals and successors and assigns of corporations wher'ever the context so admits or requires.) Witnesseth, That the first party, for and in consideration of the S\llI\ of $10.00 (Ten Dollars) in band paid by the second party, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit claiJn unto the second party forever, all. the rights, interest, cla:lm and demand which the said first party has in and to the following described l.ot, piece or parcel of land, situated, lying and being in the County of Okeechobee, State of Florida, to wit: II parcel o~ J.and lying in "action 15, township 37 south, range 35 eut, Okeecbobee county. Florida. lIDd being cOlllp1"ised ot one Of the p~ of land as :recorded in o~t1cial :recorda (o.r. ) book 64S, page 1310 o~ the puhlic recorda of OJceec:bobee county, I'lorida and btdng JIOrtt pa:rtJ.cW.arly described as followe. Callmencing at the solItheut co:cner ot lot 1 b10clc 116, Obecbobee. accordin'l to the plat thereo~ recor1Sed in plat book 5, paqe S. public :reeor<l!l o~ ot..chobe.. Connty. norida. 'l'IIence run south and ruan.ing along the western boundary o~ parcel. 4 accord1Dg to plat no. 1 of Taylor creek watershed u recorded in plat boot 3, peg.. 29, public records o~ OIteechobee .county, norida, to the CllDter Un.. o~ the 15 ~oot alleyway in said block 116 and the point o~ beginning. thence continue """th. along the .....ten> boundary o~ said percel 4 and the e...t boundary o~ said block 116. to the southea..t co""er ot. lot 12 of said plat no. 1 of Tsylor ereek !latershed' thence run sOllthwesterly, along the ....stern boundary o~ said parcel 3. to the centerline o~ I1.X. 3" street (formerly ninth street) extended east. to th.. we..tee> shoreline o~ Taylor creek, thence run northerly. along "aid veste"" aborel.1ne o~ Taylor creek to the intersection with the centerUne of said 15 foot alleyway extended eeat: thence run .....t. alon'l the centerline of said alleyway extended. to th.. point o~ begimUng. To Have and to Hold The same together with all and'singuJ.ar the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right. title, interest, lien. equity and cla1m whatsoever of the said first party, either in law or equity to the only proper use, benefit and behoof of the said second party forever. In Witness Whereof, the said first party has signed and sealed these presents the day and year first above written. Si%.sea~(1a~.ivered in the presence Jl< C , n'~D Witness Signature (lfSto Gnmtor) ~- . ---~ T Murohv PTintedName Inc. of: Co-Grantor SlgncibJre, (if any) Wilness Signature (as to Co-GJBntor, If any) Printed Name Printed Name Witness Signature (as to Co-Grantor, if any) Post 0fIIce Address Printed Name STATE OF FLORIDA, COUNlY OF OKEECHOBEE I hereby Certify that on tills day, befont me, an officer duly authortDd to admInlat8r oaths and take A . J ~ M acknowtedgments, personally IPPNM. L:)nllU 'lntz. known to me to be the person _described in and who executed the foregoing Instrument, who acknowledged before me that HeISb8ITbey execut8d the same, and an oath was taken. (Check one) Bt'kI person(s} is are personally known to me. OSaid person(s) provided the following type of identification: . NOYARYSEAL .... In ttr.-_ ~nty}!J!~ OJ<<J3 ~of~ Gl CIIERYlLZRIOKA .. "*" PubIc . 11IM 01 FIcIrta . . UrCGollmlulaeElp/no Holle. 2010 ColMnIsatah , DD '125lI2 .~ ~1lnugIl1lllonll~.-.. Book657/Page1786 CFN#2008009007 Page 1 of 1 Retum to: D &: A Properties, (NuDcz). Jnc. 610 North Pmoct Avame Okcechobee, Fl 34972 This lnsIrumlmt prepared by: D &: A PropoztieI, <N->. Jnc. 610 North Pmoct Avame Obechobec. Fl 34972 Parcel ID # 3-15-37-35-0010.41160-0070 lJraDtee(s) SS# J'~'IJt~I~I!!lo900a OR BK 00657 PG 1787 SHARON R08ERTSOH, CLERK Of CIRCUIT COURT DKEECHDREE COUNTy, fl RECDRDEI> 08/0112008 101~&1~2 1111 AnT 10.00 RECORDING FEES 10.00 DEED DOC 0.70 RECORDED &Y G l1ewIIourn P, 1787i (IP,l SPACE ABOVB TmSL1NEFORP1lOCESSlNG DATA This Quit claim Deed, Executed this 18~day of July, 2008, By D&A Properties, (Nunez), Inc., first party to Jerry W. Suarez, whose post office address is 3679 Nlf ~ Ave, Okeechobee, FL 34972, the second party. , (Whenever used herein the texms "first party'" and "'second party'" inelude all the parties to this instrument and the heirs, legal representatives and assigns of individuaJ.s and successors and assigns of corporations wherever the context so admits or requires.) Witnesseth,. That the first party, for and in consideration of the sum of $10.00 . (Ten Dollars) in hand paid by the second party, the receipt whereof is hereby - acknowledged, does hereby remise, release, and quit claim ,unto the second party forever, all the rights, interest, claim and demand which the said :first party has in and to the following described lot, piece or parcel of land, situated, lying and being in the County of Okeechobee, State of Florida, to wit: A parcel o~ lan<l lyiDg iD aectiClll 15, tolmahip 37 south, range 35 eaat, .Ok.echobee county, Florida, and beiDg comprised ot one ot tlu! paree1a of lanci sa meordad iD otf1.eial. recorda lo.x.lbook 645, page 1370 o~ the pubUc reeo>c:da ot ~chabee _ty, 1'1or1.da -aDli hia9 _. panteu.luly-deeHi8ed aa follow-.- {cc,m.,..,ncin9 at thO' .............t COEMrof lot 1 :block 116, Ol<eecllobee, acc:oxding to the plet _of recorded 1.Zl plllt book 5. page 5, publlc recoxds ot Olteeellobee couaty, FloddA. .Thence :<Un aouth and rDDJ1inq along the we.tem bcuDdary of parcel 4 acco:td1Dq to plat no. 1 o~ 'l'aylor creek ....t.xahed aa ncorded in plat. boOk 3, page 2'. public recO%da of O_eIlobee county, nox1.da, to the cuter liD. ot the 15 foot al.lllyway iD said block 116 land the point of beginning, thence continue aouth. al.ong tlle west.rn boundary of said parcel 4 and tbe eut ,boundary ot sud block 116, to the southeast corner of lot 12 ot said plat no. 1 of Taylor Creek lI11teralled; i thence run southweeterly. alOl>ll the westem boundary o~ said parcel 3, to the centerline ot 1f.1i:. 3" street \ lformedy ninth stnetl ezteDc1ed ,,"t, to the we"tern alloreliDe ot Taylor creek, thBDce J:UD northerly. along I sa1.d western ehorelin. of Taylor cxeek to tl!,e 1.Zltersection nth thll cent.r1~ ot sa1.d 15 toot alleyway extand.d ' '-eQj;s thenc......... _st. elODCJ th.-Sll!!o..~ '?~. "lIJ,d al.1e)lVay BlCteDc1ec1.. to. the ~. ' To Have and to Hold The same together with all. and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equi.ty to the only proper use, benefit and behoof of the said second party forever. In Witness Whereof, the said first party has signed and sealed these presents the day and year first above written. ~ s<:Jed~r delivered in the presence (,.. 1f &Ol~ S1gnatU 88 10 l!nlt ) ~~~/ WItness Signature first \Dr T Murohv Printed Name of: Inc. Wrtnes8 SIgnature (as to Co-Gran\Dr, Ifany) Co-GrantDr Signature, (If any) Printed Name Printed Name Witness Signature (as 10 Co-GranIDr. ifany) Post OffIce Address Printed Name STATE OF FLORIDA, COUNTY OF OKEECHOBEE I hereby certify that on tbia dlIr, before me, an oIIIcer duly authOdz8d to adlDlnlear ~ and take A . I A acJmowIedgments penonaIly appeued. fl/17.1 MInt L. known to me to be the person _described In and who executed the foregoing lna1rument, who ac~ged before me that HeISIttI1'hey executed the same. and an oath wu taken. (Check one) Btfald person(a) Is are personally known to me. OSaid person(s) provided the foUowing type of identification: NOVARY SEAL 0) CllERYl.LZRIOM HaIIIy 1'IlIIIIc. SQIe II Florida . . IIr~ExpIroINow"2Dl0 "" CaIIlMIiOII. DO 112582 "'1,1lll'.:.'I> 1llIllM1IwIlugIl'-""",,_ ~ Book657/Page1787 CFN#2008009008 Page 1 of 1 tLI 0 ~~ ci :8 -~. ClJa: X .., ~. ::; i= ' Di, ~~~~ g~ifi~ ~tsf5 - Iitlu&3~ 158g;~ 1&J1SCIJ<:S~ I-I&I;;;ciL~ ~~~~~~fii -.., !! I SCAlt:' I'. fllPMem7JE/1 R.O.lATEUU/OI DIWII...:5IK ....:III-II2J--5 """ .. ... ""'" REfIII_ om U !IF U ~lli Ii ~~~ i li~i I~ ~ 1"-,, I.. ~ .~t:: ~;~ ~ "--OIl'l "s,.. .::i~ _~ ijI: ~; IJiml .. ~~;-; ;~ ~-.I! -II ~=ii;i! ~Ol e.ilil .ill m~-" j;j _.~ - ii~~ il t ,,' ;1 ~~I'" ~ ~ ~~!i I , I , I I I , , , I , , ---~ ......."" 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O'(FI SD"OY':.E f5lt'fPf I SOlI"l2"IiI"Ellil.II'IFI ~K. p I; i&A5. .........T , ~I 7D.llcrlF.P} I-----~--~- ~l -. I ~ I, I :!! i : : i i I ~ 'I , ~ b 'I I' t> : I I . ~ r : I : I ,- I ~ I 'I .1 ." "-' il -..-..-, t I "'<<rSZ"E 30....(11 TAl'I..GR 0<EeI:: , I ~--------~ - II ... 5 r o -I '" '" r ."1 r o ~ 01 ~ r o ~ ., ~ r S ~i~ ,.. . t~K " 1llllS-.fO"5l't: -or/C} .il Ii!! !~ ~~ lAND 9IlJllvnBNIU ~..rt:lRTHPARK~ ~R....Q;!:I04 ~"'~.tl" PH::n!: 86!f-AQ'-688"t FIJI: AQ-B," 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 LaRlle Planning & Management Services, Inc. Staff Report - Small Scale Comprehensive Plan Amendment Prepared fOr: Applicant: Petition No. The City ofOkeechobee Jerry Suarez 08-005-SSA Staff Report Small Scale Amendment Applicant: Jerry Suarez (office & fish house) Petition No.: 08-005-SSA General Information Applicant/Owner: Applicant Address: Jerry Suarez 3679 NW 6th Avenue Okeechobee, FL 34972 863-634-7302 863-467 -0610 Applicant Phone Number: Applicant Fax Number: Contact Person: Danny Creech, Sr. (friend) Existing Single-family Proposed Commercial Land Use Map CI tion Zoning District Use of Property RSF-1 and Holding Vacant single family structure and a commercial fish house 1.50 CHV Commercial office building and commercial fish house 1.50 Acreage Legal Description: LOTS 7 THROUGH 12, INCLUSIVE, OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN OFFICIAL RECORDS (OR.) BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO PLAT NO.1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116 AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO.1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL3, TO THE CENTERLINE OF N.E. 3RD STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT Staff Report Small Scale Amendment Applicant: Jerry Suarez (office & fish house) Petition No.: 08-005-SSA ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT OF BEGINNING. Description of the Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map from Single Family Residential to Commercial. Based on the size of the property (1.50 acres) this application qualifies under Chapter 163, F .S. as a Small Scale Amendment to the Comprehensive Plan. It should be noted that, while this request is submitted by Mr. Suarez, it was originally submitted by David and Anita Nunez. That application could not be processed because an earlier SSA was approved on adjacent property owned by David and Anita Nunez. This is prohibited under Chapter 163 unless one year had passed since the earlier approval. Consequently, David and Anita Nunez transferred ownership to Mr. Suarez so the SSA could be considered. It is our understanding that the intent of this SSA request is the same as originally related to us by Ms. Nunez and, therefore, the following analysis is based on that supposition. Adjacent Future Land Use Map Classifications and Zoning Districts North: FutureL.and Use Map. Classification: Zoning District: ExistihgLand Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: SihgleFamily RSF-1 Apache Airboatf) Single Family RMH Mobile Homes across from Taylor Creek Commercial CHV Single family residences and vacant land Single Family RSF-1 Vacant 2 Staff Report Small Scale Amendment Applicant: Jerry Suarez (office & fish house) Petition No.: 08-005-SSA General Analysis and Staff Comments The applicant is requesting this amendment to the Future Land Use Map to allow a commercial office building and to continue a commercial fish house on the subject property. The single family structure, located on Lots 7 and 8, is being stripped and is in the process of being remodeled to be used as a commercial office. The fish house, located on Lots 11 and 12, is proposed to continue as it is currently being used. In an earlier conversation with Ms. Nunez, she stated that "the fish house is to continue operations as she is receiving rent from the current tenants, but this site will eventually will be a part of the commercial plaza" she has planned for the area. Issues have arisen in the past regarding continuation of the fish house as a nonconforming use. In 2005, the previous owner purchased the property and in 2007 received permission from the City to continue the use. However, it was understood that this use would be allowed to continue only until the property was sold. In May of 2008 Ms. Nunez purchased the property and shortly thereafter the property was transferred to the ownership of Mr. Suarez, the Applicant in this instance. Since processing operations are only allowed in the industrial zoning district, we do not believe that the commercial fish processing operation will be allowed to continue even if the Small Plan Amendment is approved and the property is rezoned to CHV as requested. The subject property is currently classified as Single-Family on the FLUM. The Single-Family category only allows one single-family dwelling on each lot with a maximum density of 4 dwelling units per acre. An application by the previous owner was considered for a similar change to Commercial in June 2007 and was denied. However, David and Anita Nunez own the property immediately to the south. The City Council approved an SSA designating this nearby property as Commercial on the Future Land Use Map and also rezoned the property to CHV earlier this year. Comprehensive Plan Analysis A. Consistency with the land Use Categories and Plan Policies. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, Policy 2.2 of the Future Land Use Element recommends that the City protects the use and value of private property and environmentally sensitive areas from adverse impacts of incompatible land uses, activities and hazards. In addition, Objective 12 states 3 Staff Report Small Scale Amendment Applicant: Jerry Suarez (office & fish house) Petition No.: 08-005-SSA that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. In its earlier approval of the SSA and rezoning to CHV of the lands immediately to the south of the subject property, the City determined such actions to be consistent with the Comprehensive Plan. Since the subject properties are very similar in character and context to these aforementioned properties, Staff believes that this request for designation to Commercial on the FLUM would also be consistent with the Comprehensive Plan. B. Adequacy of Public Facilities Potable Water: Water is available to the site via a two-inch line running along NE ih Avenue. Under the Single~family land use category up to a maximum of four units per acre is allowed. Therefore the maximum number of dwelling units allowed would be six. Staff estimates that up to about 30,000 square feet of commercial space could be constructed on the 1.50 acres by building a two- story structure. The overall Level of Service Standard (LOSS) is 114 gallons per person per day. While OUA has no specific standard for demand for potable water associated with commercial uses, review of other sources including Manatee County, which has developed a table for estimating utility flow for various uses, and the Florida Department of Health, which also estimates flows associated with certain uses for determining system size, lead us to believe that it would be reasonable to use a factor of 100 gallons per 1,000 square feet of floor area. Projected demand with 6 single-family units @ 2.86 pph = 1,960 gpd Projected demand from 30,000 square feet of commercial space = 3,000 gpd Sewer: Sewer service is available to the site but the applicant would need to extend a line a couple hundred feet to connect to the gravity sewer at the west of end of Block 146 or construct a pump station if the gravity sewer would not work. 4 Staff Report Small Scale Amendment Applicant: Jerry Suarez (office & fish house) Petition No.: 08-005-SSA LOSS is 130 gallons per person per day. Demand from a general commercial use is estimated to be the same as for water, about 100 gallons per 1,000 square feet of floor area. Projected demand with 6 single-family units@ 2.86 pph = 2,230 gpd Projected demand from 30,000 sf of commercial space = 3,000 gpd Solid Waste: LOSS is 13 pounds per person per day. Projected demand with 6 single-family units @2.86 pph = 223 Ibs/day. We have no specific data that would indicate the amount of waste that would likely be generated by general commercial space, but we suspect it would be somewhat greater than 223 Ibs/day for a 30,000 sf commercial use. However, there have been a number of instances in the recent past where the capacity of the landfill has been confirmed as being capable of accommodating new development. Staff understands this would continue to be the case in this instance, regardless of the type of use. Traffic: LOS - Principal Arterials C Minor Arterials D All other roadways D Based on the Seventh Edition of the ITE Trip Generation Manual single- family uses generate approximately 1.01 trips in the PM Peak Hour. Commercial traffic generation varies widely depending on the specific use, but even general office use would generate 1.49 trips per 1,000 square feet in the peak hour, and most other commercial uses generate at least three trips per 1,000 square feet. Peak hour traffic with 6 single-family units = 6 trips. Each of the following represents uses of varying levels of intensity allowed in the Commercial Land Use Category: Peak hour traffic with 30,000 square feet of office space = 45 trips. Peak hour traffic with 30,000 sf of general commercial space = 90 trips. Peak hour traffic with 30,000 square feet of medical office = 112 trips. 5 Staff Report Small Scale Amendment Applicant: Jerry Suarez (office & fish house) Petition No.: 08-005-SSA C. Compatibility with Adjacent and Nearby Land Uses Given the recent actions by the City involving the properties to the south, including the planned commercial development, and the lack of any significant concentration of residential uses east of NE ih Avenue, Staff believes that the proposed amendment can be considered to be compatible with adjacent land uses. Recommendation Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single-family to Commercial. Submitted by: James G. LaRue, AICP September 10, 2008 Attachments: Future Land Use Map; Zoning Map; Property Appraiser's Aerial Photograph 1st Hearing Planning Board September 18, 2008 City Council: October 7,2008 6 Staff Report Small Scale Amendment Applicant: Jerry Suarez (office & fish house) Petition No.: 08-005-SSA FUTURE LAND USE SUAREZ SITE AND ENVIRONS [" . - - ~-l NE4th St ....-...- l~ I I ~.J:::. j~ i N E 3rd St. --\---_. ---- NE 2nd St. (paper street) ~- -/ ~ Q) ~ b >. ctJ t- - fu':; - . ~ .J:::. - J".. W z I h I I I - S:~:7 0- ---.----.----.-.. .. ._. -.--- .._._-_._-~. -.' ,.-...---........-. ,"- D Suarez site C=]SINGLE - FAMILY _MULTI- FAMILY _COMMERCIAL :- 200 __0 200 40,0 Feet 00 7 Staff Report Small Scale Amendment -"---NE-4th-St , ~ :5 CO w z 1'-NE-3rd-&---'-r- - I l I ' I I i I Applicant: Jerry Suarez (office & fish house) Petition No.: 08-005-SSA ZONING SUAREZ SITE AND ENVIRONS [=~,'-- --Ii ! ---*~r- ~ . ~ .r:. .tJ ~ W Z I I n I I I 1 I i ii i i..... .... I . . ---~'--'------S'-R.' .-7...... fl--...-..---....-.--- --. .... ... .---. ----~,..,,----~---., V ; ~,,~~,:~.~'~~'l1i!:!f!,!)l::~, ,!.~;'!d I . : . LEGFNn D Suarez site DRSF1 _RMF _CHV ,- 200 0 L-- 200 400 Feet @ 8 Staff Report Small Scale Amendment Applicant: Jerry Suarez (office & fish house) Petition No.: 08-005-SSA Okeechobee County Property Appraiser's Aerial The Okeechobee News P.o. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF R..ORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher ofthe Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment being a _ ~vbl'Lc.. N c>+-i CL ill the matter of N 0"-( ce- of U'l~(Jer<<-f-;cir1 ill the 19th Judicial District of the CirCUit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Sel.f~he{ 3'/ /7 / ;A.CJO$ / 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. ~ M d>y or ~~ her- AD. ",08' ( ~iF b})\Dl~ Notary Public, Sta of Flonda at Large . NOTICE OF CONSIOERATION OF . PROPOSEO ZONING RECLASSIFICATION NOTICE: A PUBLIC HEARING will be held before tile City of Okeechobee Planning BoardlBoard of Adjustment and Appeals on Tbursday, September 18, 2008 at 6:00 p.m. or as soon tIlereafter as possible: The meeting will be held at City Hall, 55 Southeast 3rd Avenue, in tile Cooncil CharTlbers, Room 200, OI<eechobee, Florida, . To consider a request to change the zoning district from Residential Sinllle family. One (RSH) to Heavy Commercial (CHV) for Petition No. OB-005'R fhe petition is being submitted by property owner(s) Jerry W. Suarez, The property is located at 701 Northeast 3rd Street, Block 116, OI<eechobee. Legal description: Parcel One: Lots 7 to 12, Inclusive of Block 116, OI<eechobee, according to the plat thereof recorded in Plat Book.l, Page 10, Public Records of Okeechobe1! County, Florida and said plat being recorded in Plat Book 5, Page.5 Public Records of Okeechobee County, Rorida, and is approximately 1,04 acres; Parcel Two: and a parcel of land lying in Section 15, Township 37 souih, Range 35 East, Okeechobee County, Florida, and being comprised ot one ot tile pan:e~ of land.as recorded in O.R. Book 645, Page 1370 of tile Public Records of Okee. chobee County, Rorida and being more particularly described as follows: Com. mencing at tile Southeast corner of Lot 1 of Block 116, Okeechobee according to tile plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeecholl . Coonty, Rorida, Thence run South and runnin] along the Western boundary of Parcel 4 according to the Plat No, 1 of Taylor Creek Watershed as recorded In Plat Book 3, Page 29, Pub~c Records of Okeechobee County, FloIida, to the cente~jne of tile 15 toot alleyway in said Block 116, to the Southeast corner of Lot 12 of said Block 116 and also being the Northwest corner of Parcel 3 of said Plat No 1 of Taylor Creek Watershed;.thence run Southweste~y, along tile Western boun. ,dary of said Parcel 3, to the cente~ine of Northeast 3rd Street (fonne~y Ninth Street); thence run East, along said cente~ine of said Northeast 3rd Street ~or- me~y Ninth Street) extended East, to tile Western Shoreline ,of Taylor Creek; thence run Northerly, along said Western Shoreline of Taylor Creek, to tile inter- section with tIlHente~ine of said 15 foot alleyway extended East; thence run West, along the centeriine of said alleyway extended, to tile Poiirt of Beginning and is approximately 0.46 acres. A copy of the agenda may ~ or contact tile General Services ~(B63) 763-3372 x 218, A copy e available at tile General Services Oepartment The Planning So will make recommenda. . tions to, the City Cooncil for consideration and final adoption tentatively scheduled for Tuesday, October 21, 2008, PLEASE TAKE NOTICE AND BE AOVlSED tIlat.1I any person desires to appeal any deCISion made by tile Planning Board/Board of Adjustments and Appeals with re. spect to any matter considered at tIlis meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record inCludes tile testimony and evidence upon which the appeal is to be based, Media are used for tile sole purpose of back-up for tile General Services Office. In accordance with the Americans with Disabili1ies Act (ADA) and Rorida Statute 286.26,persons. with dlsabili1ies needing special accommodation to participate in th!S proceeding should contact Betty Clement; no later than two (2) worl<ing days pnor to the proceeding at 863-763-3372 x 218; II you are heanng or ,oice im- paired, call TOD 1.8oo-955-B770 (voice) or 1.8B8-955-8771 (TTY), BY; Brian Whitehall, Zoning Administrator Petition No, 08-005-R . . . 289923 ON 9/3,12/08 NOTARY PUBUC-STATE OF FLOPJDA ..........,'... Angie Bridges {~ : Co~sion # DD779718 ..,,'......... Exptres: APR. 20, 2012 BONDED TIiRU Al'UNTIC BONDING co., INe. o' neraHSernces,.J)epartment' i55S.E:3~ Avenue, Room 101: :Okeecbobee, Florida 3997~2903' Phone: (863) 763-3372, ex!. 218 ..9 Jurisdiction: 2nd Hearing: 7 Property address/directions to property: 7 or !\IE 31<-f) .:sTl.EEI 8 Describe current use of property: COM 1--l EeC{ A I Describe improvements on property (number/type buildings, dwelling units , occupied or vacit,e~USE {VAfANiJ RE.:5{DEn77AI0tnh/~rnm/L / (/On1tYJEPCIA/ FISH !-Iuo~E' COCCOPlro) 10 Approx. acreage: I .5 Is property in a platted subdivision? E S Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: YES - C' OnA f/II r tee I A I F7 Sff House 11 12 Is a pending sale of the property subject to this application being granted? 0 Describe uses on adjoining property to the North: 'I /J. '~r:rr::;-s/ North: {70AJ M clZC. iA i East: r;CJL( O~ L ~~C "- t'Otn/t1. aL i Ft' I South: .' " West: ( .4 tV T Existing zoning: Future Land Use classification SF Request is for: l.2O Rezone <--) Special Exception <-) Variance . .. :3 - /5 - 3 7 - 35 - tJO / 0 - 00 10- Parcel IdentIficatIOn Number: _ _ _ _ I"'" II {P 0 ,. 00 10 13 14 15 17 Applicant's statement of interest in property t/uJnEI<. Revised 7/08 Page 1 of 10 ,:" ~ ',:', ',,'"',:. ,.'. "; ; 22 . on-re ,e app cation : allplUs $30/acre- Note: Resol'ntionNo..9S-U Schedule of Land Development Regulation Fees and Charges - When the cost for advertising publishing and mailing notices of public bearings exceeds the established fee, or wben a professional consultant is hired to adVise the ci on the a lication, the a lieant sball a the actoal costs.. Last recorded warranty deed Notarized letter of consent form property owner (if applicant is different from property . owner) u fA. - Three property surveys (one no larger than 11" x 17') containing: a. certified boundary survey, date of survey, surveyor's name, address and-phone number b. Legal description c. Co utation of total acrea e to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attaChed). Affidavit attesting to completeness and correctness of the list (attached) . . 1tf/ OK i/' 18 19 <l v' 20 21 ...--- Current zoning classification: 'SF-I Requested zoning classification 1lEf9L{j ,f~ht t. What is the desired permitted use and intended nature of activities and development of the property? . orner <I ASH f{ousE 24 Is a Special Exception necessary for your intended use? NO 25 26 Is a Variance necessary for your intended use? AI 0 Applicant's materials addressing required findings for granting a rezoning (attach). 27 Descnbe the Special Exception sought: N (A 28 Are there similar uses in the area? If so, describe them: N / A 29 If a business, briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a builctm.g: N / A 30 Revised 7/08 Page 2 oflO '.J4' '. - ...... ',~",,'-,- . ~. --.. . . . - .~4;_~: :,: ::: ';r:...: i ,:. 7j.: . ,'i . ; .~. '.' .';. "~,_'_ '~'::f~';';:,.~..,,~p :~?:'."" -'~; ;~'.:; < 1 Applicalit:'s'marenalS addressing standards. for granting a special exception '(attach) '. ~ , Applicant" s materials addressing findings required for granting a special exception (attach) Describe the Special Exceptio~ sought: N I A 33 34 . Describe the physical characteristics of the property that make the variance necessary. ~/A Did you cause or contribute to the characteristic necessitating the variance? If so, describe: lutA 35 36 What is the minimum variance necessary? N / A 37 Applicant's materials addressing standards for granting a variance (attach) 38 Applicant's materials addressing findings required for granting a variance (attach) 39 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 resulting the s1lIllD1ary denial of this application. -So ture Printed Name Date .jERRy 5UARtZ- 8 - ( - 08 Revised 7/08 Page30fl0 " " ' . -, _ ""'~~.,:;";,;;,.,;>.:'~,w::..,./:, ", FINDINGS REQUIRED fOR GRANmNGA REZONING OR CHANGE IN LAND' DEVELOPMENT REGULATIONS (Sec. 70-340, page CD70:16 in the tORs) It is the Applicanfs responsibility to convince the Planning Board/BOA and City Council that approval ofthe propoSed rezoning is justified. Specifically, the Applicantshould provide in hislherapplication and presentation sufficient explanation and documentation to convince the reviewing body to find that 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed. is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions. or be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or, hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion. flooding or drainage problems. or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicanfs submission in light of the above criteria and offer a recommendation for approval or denial. Revised 7/08 Page4oflO Jerry Suarez 3679 NW 6th Ave Okeechobee, FI 34972 863-467-0611 FAX: 863-467-0610 To Planning BoardlLP A and City Council 1. The proposed rezoning is not contrary to comprehensive plan requirements. It is compatible. 2. Yes - Our use is authorized under the zoning district in the LDR's. 3. Our use will not have an adverse effect on the public's interest. The existing fish house will continue business as it has for 35 + years and the residential home next door will be remodeled for office use only and will employ 3-4 office employees from 7am-4pm/5 days a week. No wholesale or retail sales will take place at this site. 4. Our use is very compatible with other land uses in the area. It will not urbanize land use patterns. 5. Our use will not have any negative change on property values or living conditions to adjacent property. 6. Yes this property can be suitably buffered from surrounding uses. The office will be a completely remodeled facility and the fish house can be buffered. 7. There will be no change of density pattern which is no problem at present. 8. The proposed use will not create traffic congestion, drainage or public safety. There will be no difference in these items than there is at present. 9. The proposed use has not been inordinately burdened by unnecessary restriction at the present time. ft;yo:. j~ 08-04-08 I, Jerry W. Suarez, state that the information in this application is true to the best of my knowledge. Thank Yon Jerry W. Suarez ~~/ -:' 'f'- ., <:., --:";) '} \', ...-:,.....:),: 1"'1 .' ;'J ',' ''//. ) , , . ~} ,J' '.' 'I: ,) . \) ,. fJ}"ll:j.l ; .' Return to: D &: APropmties. (NlIIIeZ), Inc. 610 North PIIrrolt Aveoue ~Fl 34912 This IDstrumclIIt preparec! by: D &: A Propaties, (Nuaez), Inc. ,610NorthPllrroltAveoue Obechobee,Fl 34972 Pan:el ID #3-1S-37-35-0010.00GIlJ.OOlD -, ~~""'JI'llllo9007 DR ~K00657 PG 1786 SHARON -ROBERTSON. CLERK Of CIRCUIT COURT OI\EECH08EE' COUNTY. FL . RECORDED 08101/2008101''1~2 An 11m 10.00 RECORDING FEES 10.00 DEED DOC tl.70 RECORDED BY 6 IIeIlbDUl'ft Ps 1786J (lps) Onudee(s) 85#. SPACBABOVB 1HIS LINE FOR.PROCBSSING DATA This Quit Claim Deed, Executed this lB~day of July, 200B, By D&A Properties, (Nunez), Inc., first party to Jel:ry W. Suarez, whose post office address is 3679 NW 6'" Ave, Okeechobee,FL 34972, the second party.. ' {Whenever used herein the te:cns "'first party'" and "second party'" include all the parties to this instrument and the heirs, lequreprellentatives' and assigns of individuals and successors and assigns of corporations wherever the context so admits or requires.) Witnesseth, That the first party, for and in consi.deration of the SUlll of $10.00 (Ten Dollars) in hand paid by the second party, the. receipt whereof is hereby aCknowledged, does hereby remise, release, and quit claim unto the second party forever, all.the rights, interest,. claim and demand 'ifhich the said first party has in and to the following des=ibed.lot, piece or ,parcel of land, situated, lying and being in the County of Okeechobee, State of Florida, to wit: . A p4%C.el of land lyinll in aect.f.DCl15, toomahip 37 aouth, range 35 eut, Ok..chobe. county, nodda, and beillll COIIIpJ:bed of OD. of tile parc:el.a Of :Lan4 as reco>:<1ed ill official recorda 10. r . ) book 6t5, pall. 1370 of the pul>Uc recorda of Olteechobee COUIlty, norida ad being .ore part1c:ularly deac:dJ:led aa .foUowa. c.....eillg .t the southeast comer of lot 1 bl.ock 116, Okeecbabee, ac:coz:<Ung to the plat thereof recorded in p1at book 5, page 5, pPbUc z:ecoz:da of Oteecbol>ett County, nll!'ida. '1'bence run aouth ad numiDg al0D9 the westem bouDdiu:y Of parc.l . ac;coz:<Ung to pJ..t DO. 1 ,of ."aylor creek _tez:ahed .a ncoz:cled in plat book 3, pag. 29, pPbUc recorda of O....chobe. .county, norida, .to tile. CtIIlterUna Of the 15 fOot alleyway ill .aid bloc:lt 116 IIDd the point of beg1Dn1nll, t:beDca CODdnue ..outh, alODg the ,.eatemboundary Ofaai4 parcel t IIDd the e.at boUDdary Of .aid block 116, to the south....t comer of lot 12 of .aaid plat DO. 1 .of '1'ayloz: ereek IIater..bed, thence J:UD ..outhveaterly, alDDg the .veatem boUndary Of ...aicl parcel .3. to tile centerUna of B.Z. 3" atreet Ifonerly niIlth atr.et). extended eaat,to the veat.m lIboreJ.lile Of'1'aylor creek, thence run'llortberly, along aaid _atem aboz:el1n.ofTay10,: creek 1:0 the inter.ect:ioIl with 'the centerUna of ..aid 15 foot .u.yvay extPlded eaat, thence run _..t,alODlIth. centerline of..aicl alleyway.exteDded, .to the ,.point of ile;iDniD1I. ! To Have and to Hold The same toqether..,with'all.and .singli1;arthe appurtenances thereunto belonging or in anywise appertaining" and al~ the estate, right, title, interest, lien, equity and clailll whatsoever of the said first party, either:in law or 'equity to the only proper use, benefit and behoof of thesaiullecond party forever. In Witness Whereof, the said first .partyhas signedandseued -th.esepresents the day and year first .above written. . ..'. : . , Printed . Printec:Ulame" . . , '610'North .parrott Ave re . Post'OfIIce Address T Mumhv . Oke8chobee. FI 34972 Pr1nted Name '- "J -::; ....J ~ ) Co-Grantor SIgnature, (If any) Witness SIgnature (as to Co-GranIDr.lfany) Printed Name Printed Name Post OffIce Address Witness Signature (as to Co-Grantor, If any) PrlntBd Name STATE OF FLORIDA, COUNTY OF OKEECHOBEE I .herHy c.rtIfJ tbat on thIa ct.y, beIIn me, an oIIIcerd""~ to ~......... take A . J A I.lICIoIowIedgmentiI,peIWOIIdy ........, L:JfJltl1,v()()fZ known1O me 10 betheperson-:.describecUn.ndwho executad ....foregolng 1na1runient,who ~~beforeme that Het8b8I'They execut8d the........ ........n .oath... :1aken.,(CheCk one) 8SIIldperwon(a) Is.... .pnonaIly known 10 .11I8. DSaid -person{a) Provided i1hefOllowlng type of identification: . ,NOYARYSEAL .~~:::;J;r==a Pltntecl e CHEIlYLLZIIlClIt\ ,..,., ""* ......01 FIOIlda ' ; .. 1Ip~~""2010 .' .~.. 00.112512 ; ~'IlIDugIl ,..,.,.....,-.: BOok657/Page~l:8~Y~LiCt:=!~~~C:)Q~QQ~!J0i7<:;:..._ . (.t~~:_,':",:!.-.:t: !C. '".f:.:, ~ -.'._~-.:: -.":'w-" . '. :;.:;;.;~)t:.:~:~. s'-i~y;;.~;.~",~.t:'~~'.~~f~,/\.t~:j-~,5 ",;:~ sA. ,F>,~~~l '?!J '/ ! I ) ,,' ~ <... I . i ,/ . , / '~- , " ;. ~. , /) ,;.. ) I , -. . ; .' -=:".~ , ( ,j 71~ : ~~ , '" , -.-' J ~,~ w ::)CI) Q::o :~ -III !!!tz: ~aaJ ....i: ~~.!i.~ ~I~fi! ~I~G~ t!s g ;t.~. ....!!~~ lCl::I!!a~ t;!5~~! U Q Rdum 10: D & A Properties, {Nmlcz}, IDe. 610NmthPlnoUA_ Okeechobee, PI 34972 1bis JDsIrumeDt JlftIPII'td by: D & A Properties, (Nmlcz),IDe. 610NorthPlnoUA_ Okeoc:bobco. PI 34972 P8rceI m II 3-15-37-3S-0010.01160-0070 1.11111111111 . FLLEHUM200a00900S ~R 'BK n0657PG 1787 BHMONRD8ERTSON, CLERK Of' CIRCUIT COURT OKEECHOBEE. COUNTY. f'L RECDRDED.08/0112OOB 10146142 An AI'\T10.00 RECORDING FEES 10.00 DEED OOC 0.70 RECDRDED8Y G IIellbour n P. 1787' U...) Gnultce(s) SSfI SPACE ABOVE THIS LINB FOR PROCESSING DATA This Quit Claim Deed, Executed thisl8~daY of JUly, .2008, By D&A Properties, .(Nunez) , Inc., first party to JerryW. Suarez, whose post office. address is 3679. NW 6"1' Ave, Okeecbobee, no. 34972, the second party. (Whenever used herein cthe .terms -first party" and "'second party" include all the parties to this instX'1Jlllent and the heirs, legal reprnentatives ,and assigns of individuals and successors and assigns of corporations wherever the .context so admits or requirn.) Witnesseth,. That the.first party, for and in consideration of the SUla of $10.00 (Ten Dollars) in hand paid by the second party, the receipt whereof is hereby ------ acknowledged, does hereby remise, release, and quit clailll unto the second party forever, all the .rights, interest, claim and demaDdwhicb the said first party has in and to the following described lot, piece or parcel of land, .situated, lying and being in the County of Okeechobee, State of Florida, to wit: .A parcel of laDd lyiDli in .ection 15, tOllD.bip 37 ..outh, rllD9" 35 .ast, Okeechobee C01II1ty, rioricla, and being cCIIIlprbed of one of ~ parc.b of lancl ,as recorclec1 in official recordalo.r.)boolt 6.5, pag. 1370 of the pubUc ~~ of ~cbObe. _ty, 1'10ricla.....1l Iod., ...u "...w...w...ly-de....,.1I .. foJ.lawlrr--. {Coaaencin9 et lb. .....~t ccn:aer-of lot lbJ.oct116, OteechCbee, eccording to the plat thereof reco:tdeel in plat boot .5, page 5, publicreco:tde ofOteec:bobee COODty,rlor1c1a. .'l'beDce r\JD .outh.and :r1UlDiDq along the ....t.rn bouDdary Dfparcel '. .ccording" ~oplat DO. ~ of 'l'aylor creel vaterebed aa.recorc1ed in plat .bOot 3. page 29, public recorc1e of Ot..cbobee county, noricla, to the ClIDt.r line of th. 15 foot allayway in .aiel block 116 laDd tha point of beginning, thence Continua .outh, alOllgth. ....t.rn boImc1ery of .aiel parc.l 4 lIDll the .e.t .bounc1ery of .aiel bloct 116, totb. .outbee.t com.r of .lot 12 of .aiel pletDO. 1 of T.ylorCr..t Wat.r.b.d, i thllllCe run .outh....t.rly, UOI1\I tbe we.t.rn bo\IDcIary of lIaiel.perce13, to the cent.rline 'of II.E. 3" .treat \ (formerly ninth .tre.t) ext8Dclacl ...t, ~o the vastern .borel1De of 'l'eylor crealtrthence >:IJIl DOrt:berly, uonq ~ ....tern .borelin. of 'l'eylor cre.t to .th. inter..ction vith the cent.rlinecof .aiel 15 foot all.yway el<t._el ' , thence..am .est, along th.~,!rl.iDa ~f," allJ.c1 ell..payexteDdeel. to. ctbe .poh1i Tf ir'ginn:I.Ilq. ! To .B'ave and to Bold Thes_ together .with"alJ. and 'lIingular the .appurtenances thereunto belonging or in anywise appertaining,. and .all the 'estate, ,right, title, interest, lien, equity and claim whatsoever of the ~aid ~irst party, .either in law or equity.to the only proper use, benefit snd.behoofof.thellaid lIecondparty forever. In Witness Whereof, the ssidfirst party has signed .andsealedtbese presents the day and year first above written. ~ .SrJ~d delivered in r. L ~ {6'u~ SIgnatU ...to ftnIt rantor} ;r~.. WItness SIgnature .finIt TMurohv . Printed Name ~.... .' .' '.' ....'<.. _........ ., c , ,. .' --.' ." ... ..~ o A~. ,.. n Inc. Prinl81U~an"h,,:".,. ..>. .. .: 610'North:Parrott Ave PolIt OffIce AddI'8I8 . Okeechobee. .A34972 .: ':.. . ) ') ., . ") : the presence . , ..-:' '.___ I, ,''''' ' :<~:~);{,~'.:; WItness SIgnature .(88 to Co-GrantDr, If any) eo.GrBntor SIgnaIure, (If any) '- Printed Name Printed Name WItness SIgnature (88 to Co-GrantDr, If any) Post Office AcIcIresa Printed Name STATE OF FLORIDA" COUNTY OF OKEECHOBEE .1 ...., CerUfJ that on thIa day, before me, an oIIIcer dulyaulllollad to admIn.. oatha and take A 'It; MacJrnowIedgnIen .......,........ nl 'J/JIL-known to meto:be:the persOn ...:.-:deecrtbed In and who execut8d'the:foregoIng jnatnnnent,who.~:befont methat.HeIJBIpIThey,execul8d the .......candanoath ...tIIk8n.(Chec:kone)DfaId:....-onC.).. ...peraona~lmownto me. nSaidperson(s).provIdecI thefolJowing1ypeof identilicatlon: -..,-~_..~_... ~~-~~~ y ~ P..... NOVARY SEAL G) CHI!IlYLL. ZRIOkA . , . c~1'ulIIIc - .SIIle.arl'latldS ,. . .' IIr CGMlIIkItEJpltee Now 6. 201D , c..IAIM" 00112112 ; , ......,...........IIllIIIYAIa , .- .' -,. ~. ' -- ': . "' . . . Book6511PageilJ.B7);~\)\;lC.nN#2008009008<.;,;;\:";"c,. .... '. ) :. j C;J--"'~"";"~~~"-:~f'-2Pi:;!:~tt..~~:".. :~. :.i!\~~~{1'/~.~ ~:.)~~;~?tiN}~~}~k'ii *'F.$ii~q~t, x~*rI{i~B:,~~~,;jg~ll(~i~~~?~':~;>'~':(~' Pag~ .1~f1 :'':!''.''-'f.'~~'~ '~"_ ! -~:- ;,}:;t" . t .' I _,,(./ . ,/~; , ....\ " ~.J \.1 .; (~j ~-' <f ~:. ; ~ r;- , '-; '. " '':....: . ) '.1 <~ { \t" . . '.: '1 \ 1&1 ~8 ctl: cntl -iii' !!lei: j!:~. to! fo" ' !~g ~~tfi! ~,a ~ u ~ ~I;I~ ~2!2c~1 ~ ;Kj!:~!ifD~ q o " ~;-~~j~;,~"~;?~~"~.~ :~":~~~::':{~:!:'i~~~~.i)"-~(7f:~~~.'~'5~~~~~'~;:~f/' .":" <" ~~?:~~:~:"~~-;.:~~:! :.~~ ~":~"!';'~'-:'"<'~:"i. ~":"~ ~. ....l'8Iumbr JDtWD; f:}~ f;.J1I,. A\tIniIratLaw CAAIf.I&1ICCAI.t -.NW2lIf1lrMt ~r,hD""'FL387I. :";''':'.~';':?~_.II~~&;~;sr~'\1!~'~':~;''~~S~~~ . .. : a==- ",,.6021:."".. .'. . "." SIIMtQlti Cl.EIll: IF cmcutl CIIIRl . . . ClDlrYi- pt, " . . .. 'RECQIII& 06IMI200I o2JINP PII ' . NIt .beGO." ;.. , RICOIIDrN'C''' w.srr: D~.. DIlC: m.oo: RECOJIOED: at' /1" Illot I'n 021&....217,. t2HI) file' No.: 471'1.. PIII1l8Ild8r\IlIIc:8iIanNo. ......,,4f.OO1...,~D, Ff.'8.50 FC-O-3S'O. Ci) 1l!pBce AboveThla LIne For RecoRIIng Datal . Wammty~ (STA1VtORY JIORN'. BEC1'IONU9.02. P.s.) . )'Jda Iud..... w-.\l1Ia_ dMiof June, :zooa'BawIlD. RIOK A. UGHl1EY - BOIIrT~ 0. UGHTaY,......... ........ wIIDlIe past gfb 8ddiIA Is Ii02 HE. AnnJIe.~''''fL3<W201J11tCotnyr.l~ ",*f1f~~. ~ -DAVlDNUNB,JL 8IIILMIIl~.IIId wtIt vtIlOU.pottofllcUCfdree811110 N"~alDlJL " __ _ Avemat, ~ R.~.cIIleCotri101 a.lda", SlabtllfflDrlda. gI1IrIIW, " , Wiba...tL Ih8tAid grwIlIIr, b-"-ln CXlIllIld'''Ao" aflll8l11ft ofTeN NCJNONOO DOt.1.AR8 ($10.00) and . 0IhIII' GOOd......... QDIlt11delildb.. ID ufd gr;mlar In hIInd psId. by, IIlIId a--. Iha IIII:I/pt ......01 Is h8ter1t. ilCI<naWIIdged, '- ~ b81plled, BIId said to file IIicI ~ IIIll:I ;nmIee'a helns 8IllI rmsIgha rwever.1he foIklwJng deIllrtled Jimd.1iIulU. 'rInu .. bitf"" In O~Countr. Florid.. tG-wIt APORI'IONort APARCa 0Jr LAND L'YINCJlHsEcmDN.'~T01IINsHp~ SOU'nf. RANGE 35 EfAST. OKEEOHOBEEOOUHrf,FLORJIM.AJII) BEJNCJ MOREPNmClII.ARL"'~ fN nEA1TACHE!D E)(H\Iif1'''A''. . . . . SutIJogt\o .~la, ~.llfld ""'..M at /1IllORI. 'any. lUId IIIId grlIIlfDr dceI harIIb1 fully ~ Ihe tIIIlt fit IIlIId Ianct. 8IId wiI cWend the I8nl8 8GIIiIIt klwfuI cIIIms 01 III POI'tOIIS whomsoever. .. _ . "GlIo1Ia" ..",.... .. UIIII fllr*G\Jlllr or.... lOll llIIIIlIid fOIluIm, BQned, sea~ IIIId deIlvlInId In our P\'l!lRIlC8: I--ridl:~; *- -~ ~. . :\,A 2utt WIlDNH'riIlt NIIDf , . ID.WiIaeu Wheno( grIhIar h8sNnllllosetgmnllt'a hand_ _ '-dayand yewfhtebove WI1IlIn. ~~ . . 'IJi..~U/~ .:.... - - - -.---.... S\IC alFlorl4a CalIot,oI'Obaab. Tho ansom.w.iit.-~ lI*t_dJil.3._orNa..~' b;IUC1tA ~IIIIlIBONITAl). LIOBTSIY, . ~ bown ... U baWl prodDeed. .. = ~_] ~L~~yl.IJ'~'J;j 12 - ~CMlmIlSlaa~ BoOk6551Page216 CFN#20OB006689 06-04-2008 15:51 D A SOD 863 467 0610 Page 1 of2 PAGE: 1 r:e~ n~\ll1'10N A PARCBL OF LAND LYING IN' SECTION: 15; TOWNSHIP 37 SOtJTll. RANGE 35 BAST, OKEBCHOBEB CO~ PL01UDA..ANIlBENClCOMPlISED OJ: ONliOP TImPAl.tCBLS' OJ' LAND AS 'RBCOJ(DEJ)'IN..OW1C1ALncORDS: (6Jt.)J~OOKM~~,PAQP; \J7nop'1'liB,Puauc. RECORDS, OF OICEECJc:Jnmm CQUN'IY, FOORIJ)& AND' B8JNO MoRB.. PAllncutA!tLY DESCRlBBD ASPOLLOWS: - .' .. ' COMMENCING A.T THR sOU'IHBASTCORNSR or LOT 1 OF BLOCK. n~- OKBBCH09E!. ACCORDlNGTO'lHBPLA1'lHSREOl'RECO'RDBDINPLATBOOKS.PAOES;.PUBIJCRBOO'RDS OP OKHECHOBBB CO~ PLORIDA.. l'HENCJuumsotmlAND-lWNNlNO AtO'No;nm WES'l'DN BOUNDARY OF pARCEL'" ACCORDING. TQ PLAT'NO; I OF TAYLOR CRBEI{, WAlBBSl:!BDASBECO'RDEDlNPLATBOOK:J,PAGB29,PUBUCBECORDs OFOKBECHom COUNTY. fLOk)DA. TO nmCENTBRtlIiB'OF nm lS'FOOT AU.J!,YWAYlN SAm BLOClC lt6 AND nIB POJNT OF BE01NNINO; THENCB CONl'INUB soum. ALONG THB WE8TBRN aoT,lNI)AR.Y OF SAID pARQ!L.AND nm BAST BOUNDARY OF SAID Btoer.116. TO TIm soU'I'BBAW C()l'O&~ce:rt2 OYSAlDBt(}C1C.U, AND AL$Oi1BING nmNeR:l'HWB~- COR,NaOPPARCEL3 OF SAlDPLAT.NO.lOFT}.YLOltCRBBKWA'J'BlWIED; nntNC!ll'UN so~y. AL(RIiO 1Ui WESIERN BQUNDAllY OF SAm. PAlCEL 1. TO THE CSNT!RL1NB OPN.B. 'JiD S'I'RBltt(POaMBRLYNlN'IH ~-1lIBNC! ltUN'SAST..AtONG SAIDCENTHBLJNBOPSAIDN,'!..)lPS'l'BBR!{FOl(J,t"RKLYNJNm~~BASTJ TO'fH!SWboTlliRI'>fSHOIlBLINBOPTAYLO&~~CB1WNN01lTHBRLy,ALONGSAlD ~.N8EO~.EIJloffiQFTA"Y'!.OJ.~ 1'O~wtTHnmCJ!NTB1WNB OF SAID IS rOOT iJ.J,EiWAY EXTENDED EAST',- ~. JlJN. WSST. ALONG TIm C!NTJ!lU..1NBOP SAID AUElWA"l BXTSNDBD. TO THBPOlN! OF BBGINNlNO- '. (f7f,.I17GAvnD) ') c.+fY' Book655/Page217 " CFN#2008006689. Page- 2 of 2. PAGE: 2 06-04-2008 i5: 5i D A Sill 8b3 467 0bi0 eec 0 ee 55; SE ~rd' Avenue Okeechopee~ FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): J E f2..l?.. SU-KlLE7.. Mailing Address: Home Telephone: Work: Cell: Property Address: '701 n E IC 6 0/ KeEC He BE 3~/S-37-3s-0DIO-o"&>O - 0010 Parcel ID Number: - - - -' - 0 _ Name of Applicant: Home Telephone: 3l/:C)/L ~730Z 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 and 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 exception or variances. and appeals of decisions of the Planning Department. It is understood that conditions. limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to. rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. OWNER I' -~-"---- ~) owNER ~s Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the.reaI property described above an{1:' ~triJ the power of attorney fo e purpose stated therein. Sworn and subscribed this -#- day of 20d SEAL Off/clal Seal Lanlla Huff Notary PUblic, State of FlorIda My comm. expires December 13, 2008 Com Revised 7/08 Page 10 oflO PIN NAME 31537350010011700040 315373502~0000000EO 315373502~0000000WO 315373502~000000080 315373502~000000050 31537350010011700070 31537350010014600040 31537350010014600070 315373502~000000210 315373502~000000070 315373502~000000090 315373502~000000240 3153735021A000000120 31537350010014600010 3153735001000010001F 31537350010011500080 31537350010014700010 315373502~000000190 315373502~000000040 315373502~000000180 3153735001000010001D 31537350010011700020 31537350010011700100 31537350010011600040 31537350010011600010 31537350010011700010 31537350010011600020 315373502~000000020 3153735021A000000140 315373502~000000280 315373502~000000060 3153735021B000000060 315373502~000000350 31537350010014600020 3153735021A000000100 315373502~000000150 3153735021A000000170 315373502~000000260 3153735021A000000270 315373502~000000250 3153735021A000000160 3153735001000010001K 31537350010014700060 3153735001000010001H 3153735001000010001J 31537350010014600050 31537350010014600100 B & R ENTERPRISES OF OKEECHOBE BAUGHMAN JAMES & HOLT KIM BAUGHMAN JAMES & HOLT KIM BREWER KAY CARRINGTON & MARIAN BROWN JENNIFER ANN, ETAL BRYANT VERA H BURDESHAW KEVIN W & CAROLYN J BURK DONALD L CONRAD BRUCE F & LOUISE E CROSS STELLA H & LUSTER BILLY ELARDI DOREEN FANTOZZI EDNA MAE & GAINER FOR GRAY JEROME M SR & IRENE K & GREEN HARLEY M & DOROTHY L GRIFFIS CHARLES J GRIFFIS CHARLES J JOE LOUIS LAWSON CONSTRUCTION JORDAN CECIL E & BETTY JO KOENIG MATHIAS C & ELAINE L LEANDER JOHN W JR LIGHTSEY RICK A & BONITA B LIGHTSEY RICK A & BONITA B LIGHTSEY RICK A & BONITA B LIGHTSEY RICK A & BONITA B LIGHTSEY RICK A & BONITA B LIGHTSEY RICKY ALLEN LIGHTSEY STEWART R & MARY K TR LUND STELLA G MAHNKE HAROLD J & CAROL MAMMARELLI KELLY B MARSHALL DOUGLAS R SR & BEVERL MASTALER TERRELL MAY JAMES MCCROCKLIN ROBERT C (TRUSTEE) MCLEOD-COLE CAROL ANN MICHAELS ADLAI E (LIFE ESTATE) MINTON FREDDIE L & MINTON RUBY MORRIS GEORGE MORRIS GEORGE C JR & DOROTHY E MORRIS GEORGE C, III NEHLSEN BERNICE & NEHLS EN SAM NUNEZ DAVID JR & ANITA S NUNEZ DAVID JR & ANI"TA S NUNEZ DAVID JR & ANITA S NUNEZ DAVID JR & ANITA S PADGETT STEVE ALLAN, ETAL. ~EACOCK DANNY R & DEBBIE L PIN NAME ------------------------------------------- 31537350010014700040 315373502lA000000130 315373502lA000000030 3153735021B000000130 3153735021B000000070 315373502lA000000290 3153735021A000000220 31537350010011600070 31537350010011500020 31537350010011500050 31537350010011500010 31537350010011400070 RAYA LIDUVINA ROWNEY ROBERT J & BEVERLY RYAN JO ANN M & FRANK SCHWARTZ JAMES ROBERT SCHWARTZ JOSEPH & ELLA J SMALL EARL & MARY TINSLEY GAIL I TOVAR MAURO WATFORD DOWLING WATFORD DOWLING R TRUSTEE & WATFORD DOWLING R TRUSTEE & WATFORD DOWLING R TRUSTEE & 59 records selected. 50 50 31m............... 148 265. 72 6 5 .4 3 2 N ~ ~; 8A 6 -~ ~ cu ,- 50 50 50 50 72 6 JW1l!iOIl"'_ &17Y:AtUllK4&DlIl:NlJ ~~..:e .~... 5 ~4 I 2 ~1 3 = = ~ ~ a = ~ ':;2 JlW.1f:il:II,tdlJI4IlIh:1J lliDl5ll11lB1lCJllllllliD 9 10 ~ 12 6 X r.-,,:x:...... , {O ~ \~\I~rD~~ J..15-37-35-00IG-OIlw-0070 -(;" () -., nd.by IIIld nllum 10: ~IYLUS WM.lCRR \ Ole..,.. TonIl.1'ltle Cmnpmy, Ina. ) 105 NWI>d1 Sbect O"-bubc:o.l'Ioridll 34972 1'11.1\ NO. 29776 J'~lt~I!'el~057a2 OR aK 00653 PG 1443 SHAROM ROBERTSON. CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 05/12/2008 10107155 AN ANT 180,QOO.00 RECORDING FEES 18.50 OEED DOC 1,260,00. RECORDED BY 6 Mqubvurn ~95 1~~~ - 1~"1 (2Pls) Warranty Deed This hldenture, nxccutcd Ihia May 9, 2008 A.D. Between MAURO TOVAR, A SINGLE MAN, whasc address is 9256 sa 62ND DRIVE, OKEECHOBEE, FL 34974, hereinafter ~Ied the grantor, 10 D & A PROPERTIES (NUNEZ), INC., A FLORIDA CORPORATION. whose post office address is: 610 N. P ARROIT A VB, OKEECflOBEH, FL 34972, hereinafter called the grantee: (W'-cv... \IIlCd heroin the lI:ml'gralIlor" and "grantl!e" iIlclude aD lbe parties ro IhJlI fnslruDU:llt and Ihc hc:ill.lcgal ropr=lallvcs Ind uslsns of fndlvlcJulls. IfId Iho SWlCQI!lQt1l amI....!gno "f....".,.,.bllftll) Witnesseth, lbltl I.M grantor. for and In consideration of tho sum of Ten DolliU5, ($10.00) and othCl vaJuablO considcnilions, receipt whereof Is hereby acknowledged. hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms UDto tI1ll grantee, all that certain lami situate in Okeechobee County, Florida, viz: Legal Description as Exhibit · A · Pan:el ID NIlDlber: 3-1S-37-3~Ol0-01160-0070 Subject to covenant9, restrlctiOJlS, ell!lCDlellIS of record and tD,xes for Iha cum:nt year. Together wilh all the tenements. hereditamcuts and app\1ltena1ll;~s thereto belonging or in anywise appertaining. To Have and to Hold, Ihe same in fee simple forever. And the gliintor lu:reby covenants with said grantee that the grantor Is lawfully seized of sald land in fee slmplei that !he grantor has good right and IawiUll\\Ithority to sen and c:onvcy said land; that the grantor hereby fully wartan1S the title 10 said land and will defend tI1llll8JIlO against the 1awf\JJ claims of all persons whomsoever; and \hat said land is free oC all CJIC11JJIbranccs except laXeS accruing subscquem to December 31, 2008. ~u1b~ WllnOSS Prlnrcd N..::.::J2or~~. tvI't.O~ -~~ In Wituess Wbereof, the said granlor has signed and sealed these pnlSlmIs Ihc day and year finlllbu~ wrilll:n. .ftiIIl (~) ~: 9256 SB 62ND DRlVB, OXDnCHOBBll, FL 34974 Signed, sealed and delivered in OUT presence: Sinn-: of Florida County DfOkeochobec The foregoing inslnDIlenl was acknowledged before me this May 9. 2008, b personally known to me or who bas produced II drivcr.s license as idmlifica URO TOVAR, A SINGLE MAN. who Ware (!,~ Notary P :=---~",:~~'!,J 07-01-200B 13:13 0 A SOD B63 467 0610 PAGE: 2 Exhibit "An LOTS 7 TO 12.lNCLUSIVE. OF BLOCK 116. OKEECllOl3liE. ACCORDING TO TIm PLAT THEREOF RECORDED IN PLAT BOOK 2. PAGE 17. PUBliC RECORDS OF ST. LUCIE COUNTY, FLORIDA. A COPY OF SAID PLAT BEING RECORDED TN PLAT BOOK 1,> PAGE 10. PUBUC RECORDS OF OKEEClIOJ3EE COUNTY. ~LORJDA. ANn SAID PLAT BEING RECORDED TN PLAT BOOK 5. PAGE 5, PUBliC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. rcldkb File Number: 29776 ugaJ Descripti"" wilh NOll Ho.nesl....t Closer's Choice L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ RBf I n Cone: Unnulbered: - - -S89'50'!7'W 299.98'((:) SB9'55'OJoW300'(PI - - -'PF:U;nulbered 0.05'E..0.74'N. , ~I I W h ~: NB9'5lYI7'E 420.02'(CI N89'55'03'E 420'(P} --::: rt. e. AlH ~T ~ i~i ,,~';;;;;;;,- - - - - - - - - - - - - - - - - - - - -f - - - -<- --,;;m; :,";" "., - - - -- iih 1-----------------1 ~r- ------ ~li .:1 i~ !'I: I <i(~~. i;; ~ f~ ~ : LOT 6 ~ g EI g, I 10- Ill- -II) I-~I Ill'.... 1llt'l\D ~l?'" Ul"'~ lOlL ~~i IO, ~~~ .~Ill J., ~ :8 ~ .. ~~ ~~ ~~ i; LOT 5 LOT A LOT 3 LOT 2 LOT I A o "- 10 I I ______J ------l QRVeyCR ~ <fS SCAlE : AS SHlJIIl - " I. ~;W~I~~":'IO:~es."em:va:~~~m7O' 2. Thl. survey I. baud on Inforlatlon prov'ded b, the cust..er/agenl and no .earch .as lad< 01 pUb11 c record. b, this Office to Vlrll, or deo, o.ners. ea...ents. or rlgh1-01 .a,s. 3. ~lvm~110~~t~:~~~":sl:r.:~...nt 4. This surve, Is not valid without ~~, s:~~~:nla~d Fl~~ I ~~ I r\ ~:~sed SUrve,or and .lIapper. Addltl... or Deletion. are prohibited wi Ihout ..I tten consem 01 SUr..,or, 5. According to F'RM up dated 2J04/1!l81 panll . 120177 0200Il. parcel lies In Not Included Area of Clt, llllls. F'ood ZOIlt! C. per llellchobes County Planning & Zllnlng Departlent. 6, Therl II' be addlt'ona' ..strlctlons that are not recorded on thl. surve, th.1 II' be lound In the Public Records. 15'Al..LEY CORiEll NOT SET: He.., Overgro.th No Access RBS NS9"50'16'E 3OO.13'(F) N89'55'03'E 300'(P) RIIS f)'P I Gt(.. L.eGaV (_ AI'I'lICAlllE-SEE DRAIIING) PIIII-I'EIlIWOT AEFEAEJ<<:l: MllIJMENT PCP-PEAIWEHT COIITlIIl. POINT elF IINI4ENT FOlNl ClCS IIIIlllIEIIt SET IIlF RItNl SET w/C.p 1Io,517B 11'F-,RIJj PIPE FIIlIIJ PCIL-POIIIT-lIII-ll~ UTS-llf118l1Ilfl'llONE SEIIVICE FPl-fUIUDA PIINER C L16KT CO. IFHIElO IE\SIIIE (PI-AS PER PUT (CI-tALC. OISTAHCE (D)-AS PER 0EEIl S/T-SB>TIC TANK III -1IAIIlII.E FC -roa ClAER pp -l'OIIER PDlE CllP-CDIIIIJ6.IET.PIPE TIII-TlIPIIFBAIIK 1ICP-IE11F.COIC.PIPE C8 -caTCH BASIN __ Dl'ERIlO.lllE IiM -IlATEA IETEA __FEJI:[LIIE U6-\l11JE_ PP WI Al'1O()R ~ lL Ci: ~ ... flIu- ~g ilfl w 12fJ S a ;; ~ ~ pp" ~LOT7 a l, .. 31. 3' LOt 10 LOTS LOTct LOT " LOT ur ""t \D O. A6 ACRe<; +/-' w Q/[;: o :- ... ~ ~1iI et..OCX 1 l' I I. OA ACRe<; +/- lo, 28.5' ; ~i ~ -~ ~ r;: i: '" ~ w ~ b ~I Ii! I s ~ ~~ ;! 1: ~ ~ ~ !i ~ ~ "dlt l! @j a ~ ~ - ,. ~ ::> I ... ~ H! ~ ~ s co e lil ~ . ~ ~ !!i ~ ., ,.. <> ~ ~ y. ~ 32. 4' I I ______J ':'- - <> ~:- ... co ... ~ ill1 RBF: !l9. 96'(FJ to POI. POI. NS9'57'OI'E 106.96'ICI ( ASstJNED) S89'51'17'M 300.21'(FI S89'55'03'M 3QO'(P) III AIlS ~I! ~ -1t- r:! e. ~_ ~Il<t:e! _ _ _ _ _ _ _ _ _~+ _ -'- _ _ _ _ _ _ _ I ASPHalT ~ _ _ __ M I NTH (;ll(EET [P ) g, ] RBF ./C.p No. 5081 70' RIM - ASPHAlT R I I I r-';;... u_u_ --- I I I LOT 5 d ------1 i ecu1?ARY QRVeY a=: LOTS 7 THROUGH 12, BlOCK 116, PUT NO. I OF TAYlOR CREEK WATERSHED. ACClJIlING TO THE PlAT THEIlEDf AS RECORlED IN PlAT BOOK 3, PAGE 29 OF THE PlaIC IEOROS OF OKEECHOllEE COUIlT\'. FlORIOA- AND: A PAJlCR Df UHO LYING IN SECTION 16. TOlINSHIP 37 SOUlH. RAIlGE 35 EAST. IJ(EE- CliOIlEE COIMfY. flORIDA. AtIl BEING COII'RIS8l OF ONE OF lHE PARCElS OF Loo AS IIECllIIIJEll IN OFFICIAlIECOROS 10.A.} BOOK 646. PAGE 1370 OF !HE PIIllIC IEOIIJS OF 0KEEl:H0llEE CWffi'. FlORIOA AND BEING IlOIIE PAAllCUlAlllV DESCRIBED AS FlllUlNS: COMMENCING AT THE SOUTHEASl CllRNER Df LOT I OF BLOCK 116. 0KEECIl0IlEE. ACCORDING TO !HE PlAT THEREOF RECllIIIJEll IN PlAT BOOK 5. PAGE 5. PUBliC RECORDS OF OI<EECHO- BEE tlIlIITY. FlORIDA. THENCE IIlII SOUTH AND RlHIING AlIJI6 THE IlESTEJlN IlOINlART OF PAReR 4 ACCIIIIJING TO PUT III. IOF TAYlIlA CREEK NATERSHEO AS IIECOlIJED IN PUT BOOIl 3. PAGE 29. PUBLIC AECOROS OF 0KEEl:H0llEE cwm, flORIDA. TD THE CENTERliNE OF THE 15 FOOT AllfYVAT IN SAIO BlOCK 116 AtIl TIE POINT OF BEGINNING; THENCE ClIHTlNL( SOUTH, AlONG TIE llESTElIN BOUNOARY OF SAID PAReR 4 00 THE EAST BOUND- ARY Df SAID BlIICK 116, TO l1lE SWTHEAST ClIAIER OF LOT 12 OF SAID BLOCK 116 AND alSO BEING THE IIORTIIllEST CORNER OF PARCEl 3 OF SAID PlAT III. I OF TAYlIlA CIlEEK NATERSIED; THENC[ IIlII SOUTHllESTEIl T. AlONG THE llESTEIIIIlOlIIlART OF SAIO PAIlCR 3. TO THE C9ITElI.I NE OF N. E. 3IIl STREET (FORNElLV NINTH STllEET); THE!I:E AJN EAST. AlIJI6 SAIO CEIlTEILINE OF SAIO N.E. 3RD STREET (FlIANERLT NINTH STREET) EXTEIClEIl EAST. TO THE IIESIDII SIIIRE LINE OF TATlII! CREB; THENCE IMI NllRTlEAU. AlONG SAI D IlESTEIlN SIIIRE lIIE OF TAYLOR CREEK. TO THE IIlTERSECTlON WITH THE CEIlTEILI~ OF SAID 15 RlUT AllETlfAT EXTEIIlEO EAST: THENCE IMIllEST. AlM; THE CENTERl.INE Df SAIO AlI.ET1IAT EXTENllEII. TO THE POINT OF BEGINNING. LOT A LOT 3 LOT 2 LOT BLOCK I A7 I I L__ RIlF: UnnUlbered = .::::~ ~ ~ ~ i - I::: l!l ,oj III ., !l1 ~ ~ ~ a bl~lt~ ~ = 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 phone: 239-334-3366 Fax: 239-334-6384 LaRue Planning & Management Services, Inc. S1aff Report - Rezoning Request Prepared for: Applicant: From: To: Petition No. City ofOkeechobee Jerry Suarez (office and fISh house) RSF-l & Holding CHV 08-005-R Staff Report Rezoning Request Applicant: Jerry Suarez{Office & Fish House) Petition No.: 08-005-R General Information Contact Phone Number: Contact Person Jerry Suarez 3679 NW 6th Avenue Okeechobee, FL 34972 863-634-7302 Danny Creech, Sr. (friend) Applicant: Applicant Address: Future Land Use Map Classification Zoning District Existing Sing.le-family Proposed Commercial RSF-1 & Holding CHV, Heavy Commercial - Offices. and Fish House Use of Property Vacant dwelling & occupied Fish House 1.50 1.50 Acreage Access Legal Description: LOTS 7 THROUGH 12, INCLUSIVE, OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN OFFICIAL RECORDS (OR.) BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116 AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO.1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL3, TO THE CENTERLINE OF N.E. 3RD STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, 1 Applicant: Jerry suarez(Office & Fish House) Petition No.: 08-005-R Staff Report Rezoning Request TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT ALLEYWAY EXTENDED EAST: THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEyWAY EXTENDED, TO THE POINT OF BEGINNING, The APplicant requests a zoning change from the existing zoning classification of RSF-1 and Holding to CHV to allow commercial uses on the subject property. North: Future Land Use MapClassiftcation: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family RSF-1 Apache Airboats Single Family RMH Mobile homes across from Taylor Creek Commercial CHV Single family residences and vacant land Single Family RSF-1 Vacant The applicant is requesting this amendment to CHV to allow a commercial office building and continued use of the commercial fish house on the subject property. The single family structure, located on Lots 7 and 8, is being stripped and is in the process of being remodeled to be used as a commercial office. The fish house, located on Lots 11 and 12, is being proposed to continue as it is currently being used. Since processing operations are only allowed in the industrial zoning district, we do not believe that the commercial fish processing operation will be allowed to continue even if the property is rezoned to CHV as requested. 2 Staff Report Rezoning Request Applicant: Jerry Suarez(Office & Fish House) Petition No.: 08-005-R Analysis: Section 70-340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has submitted very brief statements addressing these criteria. Following are Staff comments: 1. The proposed use is not contrary to Comprehensive Plan requirements. The CHV Zoning District is consistent with a Future Land Use Designation of Commercial and would not be inconsistent with any requirements of the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed office use would be an allowable use under the CHV zoning district but the Land Development Code only allows processing operations in industrial zoning districts. Continuation of the fish processing operation would not be consistent with the limitations of the CHV district. However, numerous other types of business operations that would conceivably be incorporated into the commercial plaza proposed for this and the property to the south would be appropriate. 3. The proposed use will not have an adverse effect on the public interest. Given the fact that this property is to be used in connection with the recently rezoned commercial property to the south, the cumulative impacts of the entire commercial development will need to be assessed Possible adverse impacts of this development could come in the form of excessive traffic along neighboring roadways. However, the intensity of the development will be considered during the site plan review stage of the development permitting process. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. As can be seen on the aerial view, while there is some residential development in the vicinity, the use to the immediate north is commercial and the property to the south was recently approved for a Small Plan Amendment and attendant rezoning to CHV. Given the recent actions by the City involving the properties to the south, and the fact that the subject properties are very similar in character and context to these aforementioned properties Staff believes that the proposed rezoning and can be considered to be compatible with adjacent land uses. 3 Staff Report Rezoning Request Applicant: Jerry Suarez(Office & Fish House) Petition No.: 08-005-R 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Since the rezoning is considered to be reasonably compatible with adjacent land uses and consistent with the Comprehensive Plan and similar in character and context with the recent rezoning of the property to the south, Staff does not expect it to adversely affect property values or living conditions or to be a deterrent to improvement of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Buffering from the residentially zoned property to the east may be necessary and will be addressed during the site plan review. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. While density will not be an issue, the intensity of development on the site will need to be considered in light of potential traffic considerations. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No traffic analysis has been submitted and one would not be expected for merely a small office building or even continuation of the fish processing operation if this is allowed. If and when the property is developed as an integral part of the proposed commercial plaza, in all likelihood a traffic impact analysis will be necessary. Flooding and drainage considerations will also have to be addressed because of the property's proximity to Taylor Creek. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The property is not inordinately burdened by unnecessary restrictions. 4 Staff Report Rezoning Request Applicant: Jerry Suarez(Office & Fish House) Petition No.: 08-005-R Recommendation: Based on the foregoing analysis, and assuming that the Applicant's request for a SSA changing the Future Land Use designation from Single-family to Commercial, Staff recommends approval of the request to rezone the property to CHV. Submitted by: James G. LaRue, AICP Planning Consultant September 10,2008 Future Land Use Map, Zoning Map, and Property Appraiser's Aerial of site and surrounding area 5 Staff Report Rezoning Request NE 4tl1St ~ <J 1 .s::. ... CO I W Z ~ ---- Applicant: Jerry Suarez(Office & Fish House) Petition No.: 08-005-R FUTURE LAND USE SUAREZ SITE AND ENVIRONS NE 2nd St. (paper street) S:-R:7o- I ,- D Suarez site ['-: ]SINGLE - FAMILY _MULTI - FAMILY "COMMERCIAL ({) 200,.,_._.Q 200 400 Feet .....-..'.'....'.................'...'........, - Staff Report Rezoning Request Applicant: Jerry Suarez(Office & Fish House) Petition No.: 08-005-R ZONING SUAREZ SITE AND ENVIRONS ~ :5 <0 tiJ j Z j -:, --NE-3rd-&- "r'-^'''NE-4thSt rL- .._..,._..,._....._-....._m..._....1-,-,....'"--...."..m..mS:R.~1CJ.'.................. .-..-.'........-. ;- LEGEND o :Suarez site l.t....'.".....'..'.'.'.'....,....L................'..',....1 R SF 1 . ,';"',';~'i' _RMF _CHV 200 I o 200 400 Feet (l) 7 . Staff Report Rezoning Request Applicant: Jerry Suarez(Office & Fish House) Petition No.: 08-005-R Okeechobee County Property Appraiser's Aerial 8 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'pn~ab{~ c.- - NOt-ice in the matter of N of'iCf!_ of C-?/ls.,d-u-AJ-iOl1 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of .s-ef~ttbv2l ~ /f~~ 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 ente.red 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. Swo to nd cribed before me this /,.;2 ..Yor~/}g;~{ :;w~ Notary Public, State of Florida at Large 2Jl NOTICE Of CONSIDERATION OF PROPOSEO SPECIAl EXCEPTION NOnCE: A PUBUC HEARING wift be hekl before the City of Okeechobee Planning Board/Board of Adjustment and Appeals on Thursday, September 18 2008 at 6:00 p,m, or as soon thereafter as possible, The meeting win lie held at City Hall 55 SE 3rd Avenue, in the COlincil Chambers Room 200. Okeechobee Aorida ' 10 consider Special EXception PetitiOll No_ OS.010.SE. sUbmitted by Tlffanie Rami- rez and April Hayles on Ilehalf of property owner(s), David and Darryl Kinchen and Do~na Beck., anowmg a beauty shop within a Commercial Professional Office roiling .dlslrict (Ref. Code Book Section 90-223(2)}, Property IS located at 422 NW 3rd Street Legal description: lots 7 and 8 of BIod< 126, City of Okeecliobee, and is approximately 0.344 acres, A copy of the entire i1jJplication(s) . in the General Servle. es Office, Rm 101 at City HaU or at (863) 163.3372 , 218. Please be adVised that the., ., I\noeals wiU serve as the ,deCISIOn making body (quasl'ludiclalj, on Ilehalf of the .City, to approVe or deny Special Exception PetitiOllS. ' PlEASE TAKE NOnCE ANO BE ADVISED that ff any person desires to appeal any deCISIOn made by the Board of Adjustments andAppeaJs with respect 10 any mal. ter considered at, this /1lBI1ti11q, orhealing wiJJ need 10 ensure a verbatim record of the,Proceedings IS made, which record includes the testimony and evidence upon which the i1jJpeallS 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. DisallUitles Act (ADA) and Rorida Stafufe 286,26, persons with dlsabllitles needing special accommOdation to Participate in 1f1~s proceeding shoukl contact BetfyC/ement, no later lhan two (2) worIdng days PrlOf to the-proceedtng at 883-763-3372 x 218; if you are hearing or voice im. p3J(Bd, call TOO 1-800-955.B770 (voice) or 1.800-955-8771 (1TY) BY: Blian WMehall, Zoning Administrator - Petition No. OB-DliJ.SE 289916 ON 9/3,12108 NOTARY PUBUC-STATE OF FLORIDA .,............ Angie Bridges € W ~Commission #DD779718 -:""~./ Expires: APR. 20, 2012 BOlW~ mRO ATLANTIC BONDING co., 1Ne. ity 0 keecho ee General Services Department 55 S.E. 3td Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ert 218 ~..56 1 2 3 4 4a 5 6 .(~ ~ Contact person daytime phone(s): '3 - (s, \ . 0"6 () PRPr~:RTY~0I{l\t~:l'i~N... Property address/directions to property: '7,." 0"1 if.-. L/ (), 'J.- N \J0 :,n:\ 'S-t. 0 ~ee C~ D\)e-e ~ I 7 Describe current use of property: lA.1(\ CC'C L\.Q",ed 8 Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. 9 ;10 ~-c,~f::,. 10 Approx. acreage: ~ ~t)l.l n.c. <~":> Is property in a platted subdivision? Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: ~ 6 11 12 Is a pending sale of the property subject to this application being granted? Describe uses on adjoining property to the NortJ:r North: c..{b East: t'uJ>. 13 14 15 South: (!.. Existing zoning: Request is for: <-J Rezone West: C 0 Future Land Use classification SCL\ \I ~ Special Exception <-J Variance 16 Parcel Identification Number: 3 ~ l5 - 0"\ - ~ S - DO \ D ... 0 \ d-lo-D ~ () 0 "\ () ATTACHMENTS Annlicant's statement of interest in mODertv ~/5)DJ ( ) ( ) ( ) 1/ 'V"" '3/, v- ! Da.te . Rec;d Chk'd 18 Non-re e applIcation-fee: Kezonmg $500; SpecIal ExceptIOn: $250; Vanance: $250; all plus $30/acre Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges - When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant b hired to advise the city on the application, the applicant shall pay the actual costs. Last recorded warranty deed 19 Notarized letter of consent form property owner (if applicant is different from property owner) Three property surveys (one no larger than 11" x I 7") containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreae:e to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 23 Affidavit attesting to completeness and correctness ofthe list (attached) 20 21 22 23 INFORMATION S}lECIFICAL.Vyit$l;~TING'TO;A RE~Cl>NE .;" .'., ,. . ., Current zoning classification: <!.- Fb Requested zoning classification NO CJ\G. What is the desired permitted use and intended nature of activities and development of the property? tfo - ~ ;<3 C;L) 1Se~li.C~ S~ f 24 2S Is a Special Exception necessary for your intended use? '/ e s 26 Is a Variance necessary for your intended use? f'J 0 Applicant's materials addressing required fmdings for granting a rezoning (attach). NIIt 27 28 INFORMATION SPECIFICALLY RELATJNG TO A SPEClAl1 :E:K(JEPTION Describe the Special Exception sought: 0 pe.{"a...-\e 0.... LOScY\e \0 \()~ ~ S(\10 () . qo "' ;1-&.-?:> C~) 29 Are there similar uses in the area? If so, describe them: No 30 If a business, briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside ~fa building: ~ - 4 <=-<<\\>lD~ee~ \-\bu..."\'S ~-, No ~,-bld-e oC: 'ou.-\.\o''n) o..L--\W\"'i . Revised 7/08 ?/fog 1I~1~1 fit ~h Page 2 of 10 J,../ t.-- v 31 Applicant's materials addressing standards for granting a special exception (attach) ~og / Applicant's materials addressing fmdings required for granting a special exception (attach) r5fC/ir e;// 32 ".','s,;;~~~'l'I()NJ$~E~wt(t'~I,i~t' Describe the Special Exception sought: ~*1 5>~f J~G.J'Q:A.'V~~E"... 33 Describe the physical characteristics of the property that make the variance necessary. tJ/A 34 Did you cause or contribute to the characteristic necessitating the variance? If so, describe: N/ It- 35 What is the minimum variance necessary? Nl/t 36 37 Applicant's materials addressing standards for granting a variance (attach) 38 Applicant's materials addressing findings required for granting a variance (attach) ConfU'm~tion ofIntorm~99~;Accur#~Y 39 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 ofup to $500.00 and imprisonment of up to 30 days and may resulting the summary denial of this application. Signatur Printed Name Date ~t'r ().f\ ~ e ~,. f'&L.. Revised 7/08 Page 3 of 10 STANDARDS FOR GRANTING A SPECIAL EXCEPTION (Sec. 70-373(b), pages CD70:19 & 20 in the LDRs) Applicants are required by Sec. 70-373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. I. Demonstrate that the proposed location and site are appropriate for the use:-rhl'S /'$ Cl n.bJ.r 15~'Y'l'" Be~ ,gttol'. ~I\ J 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 or needed. -Bee" I' t"\ bl-LS I Y\esS 3. De~~'a~~y lah~~~ techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. ,vIA 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance \ . generated by the use; or explain how the nature of the use creates no such potential problems. ~~(\S*,' ^~ b~Sl Aes. 5. 6. Demonstrate how the utilities and other service requirements of the use can be met. Demonstrate how the impact of traffic generated will be handled, off site and on site. f{fA Revised 7/08 Page 5 of 10 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION (Sec. 70-373(c) , page CD70:19 in the LDRs) It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. C::fo Con;"" j ) c::t tlow ecJ. sc: 2. The use is specifically authorized as a special exception use in the zoning district. yes ') '10 ~;).;)...3 0.) 3. The use will not have an adverse effect on the public interest. NO) b.Q...e.-i~ 1'r'1 b\A.St;4\ec:;.s 30+ 'fet:t,(S 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. ..e..-9er ~ ~s;:we-r ~ . 5. ~e use will not adversely affect ~roperty values ~r living conditions, nor be a detevent to. the de-:elopment of rl-t.J adJacent property. ~+~..( I V\ +t-e-. ~IC~# 0-9 COY>"'. a r'\.oI... (lAh z-oy;ed. \' rof'~ 'v," 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Nt> 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. No- ?O+t{tS of ~a.:no~'\ . The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No. 8. 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. Revised 7/08 Page 6 of 10 To whom it may concern: Please be advised that the property owners of 422 NW Third Street, Okeechobee, Florida, (see attached Warranty Deed), hereby grant authority to Tiffanie Ramirez and April Hayles full right and power of attorney to make application to the city of Okeechobee to apply for a special exception to operate a beauty salon on said premises. st In Witness Whereof, the undersigned have set forth their hands and seals this ;iL day of July, 2008. ~~ ~)L Donna Beck, Owner ~ David Kinchen, Owner 9MryJCh& Before me the undersigned authority, personally appeared Donna Beck, David Kinchen and Darryl Kinchen, who being duly sworn acknowledged before me that they are the owners of the real property described above and that they executed the above document for the purpose stated therein. St- Sworn to and subscribed before me this 3L day of July, 2008. ...... ............ POSANNA 1iCHAC..............c :\..~"""''''',,'- HTElE: l" :<-.\1\'1' Plt{~ Comm. OD0325578 : ~ ~ . ~ Expires 101112008 : \';;10' coi5.;/ P"~ded ~,1tJ (800J432-4254i ....~:I~~~\:...... F=J,";;r, ~,I~tary ''\,ssn I : ." ~." ...... ~ ......c. .I....~.:-~.i " ''1' ml~llnmm~IIIII~llmllm THIS INSTRUMENT PREPARED BY: Jennifer L WilHamson, Esquire C~R~BUCHAU4~BOWD~~BO~~ ~S' ELDER & WillIAMSON, CHARTERED Offles Drawsr 24 \( Florida 34995-0024 J7;, -26CO \~ . . .~> 0 WARRANTY DEED (:0\ ~ T~~lNiiTURE' Made this IJ!.. day of October, 2006, Between DOROTHY M. KINCHEN, a unremarried womae ose post office address Is 3784 N.W. 191h Ave., Oke'echobee, Florida 34972. grantor, and DOROr.~ . KINCHEN, an unremarried woman, a life estate without any liability for waste, with full power and autho~n said life tenant to sell, convey. mortgage, lease and otherwise dispose of the property described in fee simple with or without consideration, without joinder by the remainderman, and with full power thorlty to retain absolutely any and all proceeds derived therefrom. Upon the death of life tenant, the r , afri~r. if any, to DONNA BECK, a married woman, whose post office address is Rt. #6, Box 776, OkeeChO~-FL 34974, DAVID KINCHEN, a married man, whose post office address Is 1825 SE 4lh St., Okeechobe~, I:M4974, and DARYL KINCHEN, a married man. whose post office address Is 879 Grove Dr., Naples, FL 3~ all taking as tenants in common, grantee.. ' WITNESSETH, That ~~rantor, for and in consideration of the sum of TEN AND NO/1 00 ($1 O.OO) Dollars, and other valuable co,i~~tions, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, rem'iSe'~ease, convey and confirm unto the grantee, and grentee's heirs and assigns forever, all that certain la~~~ in Okeechobee County, Florida, to-wit: . Lots 7 and 8 of Bloc~2.6:.:O\teechobee, according to the plat thereof recorded in Plat Book 2, Page 17, Public ~'C9MkJof St. Lucie County, Florida, a copy of said plat being elso recorded in Plat Book l{~ge 10, Public Records of Okeechobee County, Florida. ParcellD: 3-15-37-35-0~1260-0070 ?:~~,.) (( , SUBJECT TO conditions, restrlctio '-, reservations, limitations and easements of record; zoning and other regulatory ordinances; and taxes for t~~r 2006 and subsequent years. THIS DEED was prepared without the b~~~ title examInation. . Grantor does hereby fully warrant the titllt~and, and will defend the same against the lawful claims of all persons whomsoever. ~ FILE NUN 2006017777 OR BK 00614 PG 0362 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 10/23/2006 03:01 =13 PM RECORDING FEES 10.00 DEED DOC O~70 RECORDED BY R Pnrrish pg 0362; UP!) .'Grantor. and "grantee" are used for singular and plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written, Signed, sealed and delivered in our presence: ...- Dc ~. f<Ln~~ CHEN , Witness State of Florida County of Okeechobee a J- The foregoing..instrument was acknowledged before me this~ day of October, 2006, by Dorothy M. Kinchen. She p-fs persona I r 0 produce (type of IdDnllflcDllon) as identific Susie Suare% ~ ( J4 DirWMay1!.~ , ~ rE ,.Cf'. \..,-....-. Book614/Page362 CFN#2006017777 Page 1 of 1 I. .-:"0" V 2'it)MlE1389 V A R A ANT Y 0 F F D ThIs Indenture made thIs l.s~'day of July , 19 85 BETWEEN OPAL SMITH, THELMA GAYLARD, ADELL HARDIN and HOWARD C. LIGHTSEY by OPAL SMITH, his Attorney in Fact, L o;S~ OKEECHOBE~I FLORIDA ~8R~~~,M. ~I~CHE~ ~// t~~4 d.W, 19TH AVENUE, O~EECHOBEEf FLORIDA 33472 GRANTEE* It ~~ SSE T H, . That said GrD~tor, fol" and In consl,deratlori of the ~J,aG9>f TEN AND 00/100'5 {SlO.OO> Dollers Dnd oTher good end valuable cons~eratlon. to said grantor In hand paId by said gl"antee, the receIpt wherBof IS;."hgebV acknowledged, has granted" bargalned'Glld sold to the .. grantetLDf11F grantee' 5 he I r5 forever the fo II ow 1"9 'desert bed land located' _ ,In the'C@ffl\of O~EECHOBEE, ~tate of Florida, to-wltl .'. ti/, LOTS 7 Atdt-ii.... OF BLOCK 126, OKEECH08EE, ACCORD INS TO THE PLAT THEREOF 9t~ RECORDED IN P~800K 2, PAGE 17, PllBLlC RECORDS OF ST". LUcU;-COum; - ~ FLORIDA. A'~1'" F SAID' PLAT BEING ALSO RECORDED IN PLAT BOOK 1. 'PAGE 10. .. PlSllC REee 'OKEECHOBEE'COUKTY,'FLORIDA.."-- . . . ',-.--.-- -. --.... '. "of";::::-. . .... . ' . . (( )] , ' :~A~CT_TO_RES9~...qmS..RESTRIC't:fO~~ A~ EASEMENTS OF RECORD, IF ANY. ,[ :, Ln STATe:: ~{# I-~DR'IPA: I r,,{..f~~~R.rp~.~~~P.~Q. :. (:;~: ... DOClJMEI>tTt\lH' <~ M~~l!Uf I .. . . ..,;" , I.: :. . , ; t~... iim:or"it'tVi'riiJ[i;:[m, ,I : . ; :t:.,,~, == JULlr.'A~Uh2f6.VZ 00 0 n I ! IfOS JUl I S AM 9' sa 171923 - ;;,. ~ ~ ':;~I- . ~:~~.f;:--~"I -,.. 1: , . . ~ ~'d :0;'" .ro~:or d~:.~li& 'n II, oarro.t t;re\f;~i; ~;f.il fmT lo.d. o.d wIll defend the same agJ~'~tbe lawful claTms of 011 persons whomsoever. .Slnguler and plural are ~-~~hengecble as context requIres. , ::;'-:>. . , IN WITHESS, WHEREOF. Grantot~~~~~~eunto set grantor's hand end seal thIs d~y , D.n year first ab~ve WI" J~)-<<\ .._:" ' WITH SE ' ~;';<::'::~ ~ . / . .{ ....>) ~ _,,!:.A ,/: ~,/~ V;;-,-;, OPA SMITH J./ ~~"~_~~ ~~~L-- ((~")~LMA GAYLAT(D V r,-r '{~'tu./h ~~. r)tI>J;LL HARDIN \.~~~., ...L~ Iii:) ,L /' ~~2Z "/","', rney in Fact - ~'/,i 1) \( \.':::::/ J\ I HEREBY CERTIFY that on th Is day of Juli/" ,1985 , 'before 'IDe, en offIcer dulV quollfled to take ackno.led~~ personally appearedl OPAL SMITH; THELMA GAYLARD. ADELL HARDIN and HOWARD C. LIGHTSEY, by' Opal . Smith, his Attorney in Fa~tl. ...' , !.. 11\'.....'.,;:.;.;.. (", . '. . n 1'0 be the ,P L~R.?j5"d~~cr.~bod III and who executed the foregoing. .~ . '~!l:,~'b~.~f~ me that they executed the sallie. o .: .-' .~r;) ~. '~;'....i:!i. :. 'l.,' " ......'1,. NOTARY PUBLIC '..~ .:. :::;!::",~<::.., ~':~ii~ ~ COHNI 55 I on EXP I RAT IONz ~~; \;:~t ~t~~!:!!:2:'~:.::~' ,,~.; .:. . JR.~,:"~~y\:::.!;~/:! ,;;,-:,~;;f'lOTAJlV jqJell<: STATE OrFCORIOi\" ..~ ~('~'.rfi,~,'t""" .j" MY cc'."....:iSC:(j~1 [...;Iil~ ':::"11 l"aT JOHN D. CASSELS, JR. ":::'.:,:',;;,'::" 8~.t.'DtDiU'UGH;W"'I,.~.o;,.'.t:.:i~;o POST OFFICE BOX ~6B 400 NORTH NEST SECOND STREET OKEECHOBEE, FLORIDA 33473 GRANTOR-, end . . . .1. ':;""j:"".':":::;::7":~~-:-.:'~'._- ~,,~ :.":.'.- . ~tL"~ COUNTY OF STATE OF' OKEECHOBEE FLORl!DA ; ~) . ". . '. '. ..... .' .....,. '<;;,'!..'.:::' .,'1' , .' .'~ . . .. ..'. , '.. ... , . . '. ...... '. D. .... ....j ,........:. .' .' .- .' , .' . . . , . ,..' I .... '. .. , " , . ~ .' . . - ~ :. !.,':' .';';:', U , " ..r .\:,':;,\\;:(\'~",:'l . " ,... . . . . ,'.' .: . .::' ,":'. ! . ., '. ., . .. J ,:, ..".;. "~ :;'~:~::::, ':~:':~':;, <;, . ~ : .' ~ "" :~," . . .~ . ~ '. ':'! . - ..... .. : .~.:: ~. . ". .:.:~. :.: :~'. f . .. '. :.. ..: '.' [ " ....-.. .' .-.' ." . ., .., . " , "". 'I . ..-.... .." . ~. '. ;. . ..... "" . '. ~. :('; '"1 --- tv'v .-,- / r ------. ;;J, ;r-r5 R:- ----- - --- &)' \ ---- Petition No. (!)~ - 0 I 0 -- S E Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affida it is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of L.L- 3 ~ , ~D 0 8' and the assertions made to me by members of that Office that the in~ rmation reviewed constitutes the most recent information available to that office. I therefore attest to this '3 \ S+- day of 0~L'f aOO<t, ~. <IJ AI ,D l~/ 'll~/.:)- '----~ 2~: ~~u~,~tbL'-0 S na ure of Ap Iicant ; . 1- 3/-6f Date IfP/!-i / Mi?5 ~-r;Vrn.\,\,t- '?L\.\Il'\de2. Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to aJ;td subscribed before me this .3, sf day of to me if or produced o \>. \.~ ' a. 00<6 . Personally known as iden ficatlon and did not take an oath. ~ 'C. "KGc.tcc Notary Public, State of Florida Seal: ..............., ..H.................E...: JOCKE STEPHAN\E . .,; ~DDQ558395 ..-1I8Ia010 ........---- .. Revised 7/08 Page 8 of 10 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): Donna Beck, David Kinchen and Darryl Kinchen Mailing Address: 1825 SE 4th Street, Okeechobee, FL 34974 Home Telephone: 863-467-6948 Work: 863-467-7100 Cell: 863-697-1924 Property Address: 422 NW Third Street, Okeechobee, FL 34974 Parcel ID Number: 3-15-37-35-0010-01260-0070 Name of Applicant: Tiffanie Ramirez and April Hayles Home Telephone: Work: Cell: 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 and 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 exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney 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 HAND AND SEALS THIS DAY OF 20 . -/bQeJ- Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property desc~be~~bove and that they executed the power of attorney for the urpose stated therein. Sworn and subscribed this ~ day of :.::JLc..l y 2005 \ till u.POS.A.:~~~~.....""""""""""'c , .~."" SCHACHTELE : ... ..\~~'~;:...~ Comm# '->00325578 : i~~:"'l E><pires 101112008 : \.{~~} r -..~rt~d tflnJ (800)432-4254S '#II~' .,". . ........ ..... "..... ~ ~'~ II ". ,...,. ~ ~'6~'~. ..~..~..i Notary P lie: Commission Expires: Revised 7/08 Page 10 of 10 50UFF ANT HAIR STUDIO Tiffanie Ramirez April Hayles Special Exception 8-1-2008 Hair Salon Introduction: A. 422 NW 3rd St. Okeechobee 1. Need a Special Exception 2. Property not zoned to be a hair salon. B. Dorathy's Hair Studio 1. A part of history. Was a hair salon for many years. 2. A lot of regular clients, and well known in the town. c. Our Plan 1. To create a warm, comfortable, home town feeling salon. 2. And a s&~on for the whole family. (women, men, and children) .p. In Conclusion l. There are QO specific design efforts neeq~d. (set up to J:>e a salon alre~dy) 2. There is IlP potefltifl1 probl~ms or nuisanpe becau$~ th~ is plenty roPIp for pm'~jng. 3. The only change ~o the lanqscaping will p~ new sign&. Okeechobee County Property Appraiser 2007 Certified Values Last Updated: 71212008 Parcel ID: 3-15-37-35-0010-01260-0070 [ Retrieve Tax Record] I Property Card I [ Interactive GIS Map ] I Print I Owner & Property Info Search Result: 1 of 1 Owner's Name BECK DONNA, ETAL. GIS Aerial Site Address 422 NW 3RD ST, Okeechobee Mailing 3784 NW 19TH AVENUE Address OKEECHOBEE, FL 349721534 Brief Legal CITY OF OKEECHOBEE LOTS 7 & 8 BLOCK 126 Total Land 0.344 ACRES Area Neighborhood 518655.00 Tax District 50 UD Codes Market Area 40 DOR Use Code BEAUTY PAR (002525) The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for specific zoning information. 0 4+ .$8 13:2 .176,- 22. ..2<<. : 3.8. 'tt: Property & Assessment Values 2007 Certified Values Mkt Land Value cnt: (1) $73,440.00 Just Value $103,543.00 Ag Land Value cnt: (0) $0.00 Class Value $0.00 Building Value cnt: (1) $28,796.00 Assessed $103,543.00 XFOB Value cnt: (4) $1,307.00 Value Total Exempt Value $0.00 Appraised $103,543.00 Total Taxable $103,543.00 Value Value Sales History Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 10/19/2006 614/362 WD I U 03 $0.00 7/1/1985 270/1369 WD I Q $40,000.00 11/1/1984 265/1407 0 I U 03 $0.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value Show Sketch 1 STR OLDHOU (004200) 1950 1248 1568 $28,796.00 Extra Features & Out Buildings - ( Show Codes) Code Desc Year Bit Value Units Dims Condition (% Good) FENC 1 4'C/UNK 1983 $1,018.00 331.000 OxOxO PD (50.00) LWIl LGHT W ICD 1999 $90.00 1.000 OxOxO PD (50.00) CONC B COM SLB WL 1999 $156.00 128.000 OxOxO PD (50.00) LNIl LGHT INCD 1999 $60.00 1.000 OxOxO PD (50.00) UTILD COMM WELL 2007 $1,836.00 1.000 OxOxO (.00) Land Breakdown Lnd Code Desc Units Adjustments Eft Rate Lnd Value 067NP8 NO SIDE ST (MKT) 100.000 FF - (.344AC) 1.00/1.00/1.00/1.00 $734.40 $73,440.00 Okeechobee County Property Appraiser Last Updated: 7/2/2008 Search Result: 1 of 1 I HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I FA Q I Contact Us I This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the ., i ~Il ~a~ ,3if z:: 1----' ----- , t I I -----l RBf./ta. No. 5178 I I I I I I I LOT 6 I I I I I , I b----- ",I I ;01'11 i:.J:. ~/'I U'J ~. 'CI~~~ c- I '/1 .~ o(ll /I LOT 7 I "l\~ c\ 'f'io:<t . "J.Y' LOT 5 LOT 5 LOT 2 , I e;1 :1 !:ll ~I ~I 81 ~I I LOT 4 LOT I a:n-eRC1AI. j 1S'AL1..E'l' Q-Eu.. Ill"'ICH:R RIlS II ~ Jr .. LOT 12 ~ djl ~. ~~~ In 3ig~ z::i LOT .8 COTERC I AI. "- FenCl Ends: - 0.3'E. ll: ! . 5~q, \ "...<>- ~(;..,~. 1\'. Ll~ (-reI ~.. _"; :~~ ..0'-;::"." 'l .1 . ~ .......... i~ ll. ~.... 1--' 4: lli ~ (:i~ I- ~~~ In. <( -- '''' ..J 0: 00 ~ ~.... 3~ 'CO - - - - -l RBF w/Cap No. 5178 I I I ---- ----- ---- i---- LOT G LOT 5 LOT A. I I b----- i)\ \~ {Cel ~ vJl LOT 7 LOT B I ~CI~ '~.'- ,A/S] \!~?F- ~~~?' II.. (C t ~ ~ \ r- .....") -. 01 '\ ' '( , - . ~ I ~. &.. - ~I <,-;,,\ ~. pO.,; ( r:. 1 \ \0 r:- -I I;; "" I i ~ I ,0 ~ I \ ~ , II L-- 1 .-' "i,f' it- 00\ iJ\t:\Y;,. \- (I' /1 II I ~I LOT 3 LOT 2 LOT I ~I ~I ~, COIT162C I AL ~I g, '" 1 I j ~ GI-ELL pp AIiO-IOR RBS N89'58' 12'E 200. 15'[F):2DO.''tP}:. .......... :_.1 :: tGr'lC:: ~ ." .... .-. 8 ~ ~ \ \ ~ Ii ce> CL LOT 10 LOT II LOT 12 o LO ;:;: 108.4' 51. l' Fence Ends: O. 3' E. 8: oi ~ 2--l,;T'(. PORT I OM I I I . I BLDG. O. n. -~ - -- - - - - - - - - - - " -.'" l' ", . i ..... '. . ...." ..... '\. ..... . ..~. ~ ,~i C€WMY.,:.. .:' 'SBo/5!j(21~:li :2'riO:.:07'.ln'.2&r (fir .~:~' .N'A"L .sir!: .wroi~t it-Sltie';;, ~ -- ........~.. .......,...-..................-...........-..... o\iERHAr1G: CATa1 !:'A(; IN/' L 3' $, I r1 r.;l 1TTI;'k' .r,,, ~ RBF CQlTERC I ~ OFF ICE BU I LD I rt; - ci LO tn. 3' WM a. I- r: ~ IU :> <( ll. ~~.... ~IU-' <IU~ (:i<1. }-'" ~-< ~IU ~ ~~? . Q ~ 3& 'CI ~ IU I .1 I ! 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Staff Report - Special Exception Request Prepared for: City of Okeechobee Applicant: Tiffany Ramirez & April Hayles (Dorothy s Hair Salon) Petition No.: 08-01 O-SE Staff Report Special Exception Request Applicant's Name: Tiffanie Ramirez & April Hayles Petition No. 08-010-SE General Information: David & Darryl Kinchen & Donna Beck Tiffianie Ramirez 1825 SE 4th Street Okeechobee,FL 863-610-0804 Owner:' Contact Person Owner Address: Contact Phone: Legal Description of Subject Property: LOTS 7 AND 8 OF BLOCK 126, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. A COpy OF SAID PLAT BEING ALSO RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Ad"acent FLUM Classifications, Zonin Districts, and Existin Land Use North: East: South: West: Future Land Use Map Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Existing Land Use: Single-family CPO Florida Community Health Ctr. Commercial CPO Stores Commercial CPO Office Public Public Facilities Government offices Item before the Board of Ad 'ustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the CPO Zoning District for an existing beauty shop located at 422 NW 3rd Street. Page -2- Staff Report Special Exception Request Applicant's Name: Tiffanie Ramirez & April Hayles Petition No. 08-010-SE Description of the Situation: The property is located in the CPO zoning district and houses Dorothy's Hair Studio, a business of long-standing in the area. The subject property is surrounded by commercial and governmental uses. The business is located in what appears to be an older single-family house and, as we understand it, the use was originally established prior to the need to obtain a special exception. The original owner has passed away and the business has not been operating since. The new owners wish to reestablish the business and because of the change in ownership are required to obtain a special exception. The Applicant states that there will be between two and four employees and the hours of operation will be from 8:00 AM to 7:00 PM. The lot contains about 15,000 square feet with frontage on both NW 5th Avenue and NW 3rd Street. Building and impervious surface coverage are minimal and well within the limitations imposed in the CPO zoning district. The business operates with five "chairs", four permanent and one portable. Under the City's off-street parking requirement of two spaces per service chair, 10 off-street parking spaces would be required. The business is nonconforming as to the City's parking requirements in that no off-street parking is provided. However, there are 13 on-street parking spaces in the immediate vicinity - eight on NW 5th Avenue and five on NW 3rd Street. No off-street loading space is provided or required. The property meets all setback requirements. There is no formal landscaping or nonresidential perimeter landscaped buffer as required under Sections 90-532 and 90-535. The required perimeter buffer amounts to 3,000 square feet, indicating the need for 10 trees and 30 shrubs based on the requirement for one tree and three shrubs per 300 square feet of required perimeter buffer. There are already some naturally existing trees on the property that may count towards the buffer requirement. Page -3- Staff Report Special Exception Request Applicant's Name: Tiffanie Ramirez & April Hayles Petition No. OB-010-SE Consistency with Land Development Regulations: Section 70-373 (b) requires that the Applicant address, during his/her presentation to the Board of Adjustment, the following standards for granting a Special Exception. The Applicant has submitted brief statements addressing these standards as part of the Application. These are repeated herein for ease of review by the Board. (1) Demonstrate that the proposed location and site are appropriate for the use. "This is an existing beauty shop." (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. "Been in business approx. 1985" (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "NA" (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "Existing business" (5) Demonstrate how the utilities and other service requirements of the use can be met. "NA" (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "NA" 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). Following are the Staff comments pertaining to these findings: A. The use is not contrary to the Comprehensive Plan requirements. The property is designated Commercial on the Future Land Use Map and the proposed use is not contrary to any provision in the Comprehensive Plan. Page -4- Staff Report Special Exception Request Applicant's Name: Tiffanie Ramirez & April Hayles Petition No. 08-010-SE B. The use is specifically authorized as a special exception use in the zoning district. Section 90-223 specifically authorizes a beauty shop as an special exception use within the CPO Zoning District. C. The use will not have an adverse effect on the public interest. No, this use has been in existence for a number of years without complaints or evidence of significant adverse effect on the public interest. It would be reasonable to assume that operation under a new owner will continue in this manner. 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, experience has shown the location of the use to be appropriate and reasonably compatible with adjacent uses. The existing use has been in operation for many years and is not detrimental to urbanizing land use patterns. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Experience over the years has shown that the use will not adversely affect property values or living conditions nor be a deterrent to the development of adjacent property. F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Staff sees no special need for screening as there should be no special nuisances or adverse impacts upon neighboring properties. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Density is not an issue. This use has been in existence for a number of years and there is no reason to expect that its impact upon public facilities will be any different than has been the case in the past. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No traffic congestion or flooding or drainage problems have been evident in the past and are not expected in the future. Page -5- Staff Report Special Exception Request Applicant's Name: Tiffanie Ramirez & April Hayles Petition No. 08-010-SE Recommendation: The Board of Adjustment has previously taken the position, when reviewing cases such as this, that the existing use should be brought into compliance with current develop- ment regulations to the extent that such compliance can practically and reasonably be accommodated. In this regard, Staff believes that the buffer landscaping requirement could be easily met. With regard to parking, if the Board is aware of parking problems in the immediate vicinity as a result of deficiencies in off-street parking, it would certainly be reasonable to require the Applicant to provide at least some of the required parking. We would suggest the Board consider such a stipulation if there are parking problems in the area. Based upon the foregoing analysis and findings, Staff recommends that Petition No. 08- 010-SE be approved with the stipulation that landscaping be provided within the perimeter buffer area as required in the LOC. Submitted by: James G. LaRue, AICP Planning Consultant September 10, 2008 Attachments: ~uture Land Use Map; Zoning Map; Property Appraiser's Aerial Photograph 1 sl Hearing - Planning Board September 18, 2008. Page -6- Staff Report Special Exception Request Applicant's Name: Tiffanie Ramirez & April Hayles Petition No. 08-010-SE f I _i::.. Ih. u-._...._ I!!IA 0""'.' ~...,lil!""'!A~~-llo. -~. FUTURELAND USE DOROTHY'S SITE AND ENVIRONS ..!Z: +oJ , L(,) ~ Z I I II ~-..- , ' --~> , ' .. -----r , , 'I I ! ~ j C Subject site D SINGLE - FAMILY _ PUBLIC FACILITIES _ COMMERCIAL 200 , o 200 400 Feet Cl) Page -7- Staff Report Special Exception Request Applicant's Name: Tiffanie Ramirez & April Hayles Petition No. 08-010-SE _.~~~- 02 ~ ...,~...- ~ ~- -;:t - ""''l'i'i N~i!i_ --....-_ ~_.- - ----..rv< --... I , ZONING DOROTHY'S SITE AND ENVIRONS . t ! ~ ". <( , ..a: +iJ I.(;) ~ ~ lfTrl LEGEND C Subject site I !1!!HCPO ~J PUB 400 Feet (f) 200 I o 200 Page -8- Staff Report Special Exception Request Applicant's Name: Tiffanie Ramirez & April Hayles Petition No. OB-010-SE Okeechobee County Property Appraiser's Aerial Subject Parcel I I I · I I I ~ ; Page -9- 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- m~~ ~j_n{g ~( ,. r v 'Q ........ tJ c> rr C-e...- in the mailer of No-ri Ce. 6 f C 'd- V 11~1/I /5 ?;od ;41-e.ef-i:S ";'llllI:: 1 ~dl JUOIClaJ uIslrJct or Ulc C;lw~rt CS.ll1.....f()\rppC"nni:UloA. I COllllt~, nvl;<i.., was published in said newspaper in the issues of ~~b~r 3/ /;Lj ~O$ , 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. ~ /,;.. day of "tfJfi!1A,{ bE A.D. 20 at ,L /lev/, .- .. )( ~/ nfo I NOTICE OF CITY PLANNING BOARo MEETING NOTICE: The City of Dkeechobee Planning Board will meet as tf1e Local Planning' Agency on Tbursday, September 18, 2008 at.6;00 p.m, or as soon tf1ereafter as possible, to consider any proposed amendments, subrriitted by City Staff or citi- zens, to tf1e adopted City Comprei1ensive Plan, wh!ch.may include amendments to tf1e adopted Land DeVelopment Regulations.(LDR's). All amendments.are for- warded, witI1 a recommendation. to the City CtiulU:il for final consideralion,The meeting win be held al City Han, 55 Southeast 3rd Avenue in the Council Cham- bers, Room 200, Okeechobee, Rolida. ' . A copy of the agenda may be obtained from tf1e City web slle wwwc;wofokeecho. Worn or contact tI1e General Services Department, bclement(Q)cityofokeecho- Worn, (863) 763-3372 x 218, PLEASE TAKE NOTICE AND BE ADVISED that 11 any person desires 10 appeal any deCISion made by tf1e Planrnng Board With respect to any maner considered al tf1is meeting, or hearing win need to ensure averoatim record of tf1e proceedings is made, .which .record includes tf1e testimony and evidence upon which the ap- peal is to be based, General Services media are used for tf1e .sole purpose of back'\lpfortftedepartment, . .. In accordance wltl11t)e Americ~ns witI1 Disabilities Act (ADA) and ROOda SlaMe , 286,26, persons wllh disablfities needing special accommodation to participate in tf1IS proceeding sl\ooldcontact Betty Clement, no later tI1an two (2) working days pnor to the proceedmg at 86H63-3372 x 218; if you are heanng or voice 1m. paired, call TOO 1-800.955-8770 (voice) or 1-888'955.8771 (T/Y), BY: Blian WMehall, Zoning Administrator . 289927 DN 9/3,12108 NOTARY PUBUC-STATE OF FLORIDA ...."....,','... Angie Bridges \W.iCo~mis.sion #DD779718 '""....,. Expires. APR. 20, 2012 BONDED TIlRU ^TLANTlC BONDING CO., m(',