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2008-10-23CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS OCTOBER 23, 2008 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Planning Board /Board or Adjustment and Appeals, October 23, 2008 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. 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 Altemate Member Karyne Brass Attorney John R. Cook Senior Planning Consultant Bill Brisson Secretary Betty J. Clement 111. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the September 18, 2008 regular meeting. Chairperson Maxwell called the October 23, 2008 meeting to order at 6:00 p.m. Board Secretary Clement called the roll: Present Present Present Present Present Absent (with consent) Present Present (moved to voting position) Present Present (entered Chambers at 6:55 p.m.) Present Present 27i PAGE 1 OF 7 Member O'Connor motioned to dispense with the reading and approve the Summary of Board Action for the September 18, 2007 Regular Meeting; seconded by Member Hoover. MAXWELL -YEA BURROUGHS -YEA MCCOY- ABSENT VOTE HOOVER - YEA MORGAN -YEA O'CONNOR - YEA KELLER - YEA TORRES- YEA MOTION CARRIED. 2Z. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. CONSIDER PETITIONS AND APPLICATIONS. A. Application No. 08 -006 -SSA: Elbert Batton, applicant, on behalf of property owners Abdul and Yasmin Cumber. Request for land use change from Single Family (SF) to Commercial (C). The property address is 309 Northeast 4th Street - Planning Consultant. B. Petition No. 08- 006 -R: Elbert Batton, applicant, on behalf of property owners Abdul and Yasmin Cumber. Request for change of zoning designation from Residential Single Family -One (RSF -1) to Light Commercial (CLT). The property address is 309 Northeast 4th Street - Planning Consultant. This Petition is associated with Application No. 08- 006 -SSA. OCTOBER 23, 2008 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS- PAGE There were none Mr. Brisson presented the application and the Staff recommendation of approval stating the property is consistent with tf• _ Comprehensive Plan Use Categories and Plan Policies. Mr. Brisson distributed colored future land use maps to better clarit the consistency. Public facilities are adequate and compatible with adjacent and nearby land uses. If the use causes ov€ 100 trips a day, a traffic study will be required. Parking will be addressed at the Site Plan Review phase. Mr. Batton, 200 Northwest 5th Street, (applicant) addressed the Board to explain that he is proposing to "build to suit ". Chair Maxwell opened the Public Hearing and inquired whether there were comments from the public? There were nom- He then closed the Public Hearing and requested discussion from the Board. There were none. Member O'Connor moved to find Application No. 08- 006 -SSA consistent with the Comprehensive Plan an,: recommend approval to City Council to change land use from SF to C; seconded by Member Burroughs. MAXWELL-YEA BURROUGHS -YEA MCCOY- ABSENT VOTE HOOVER - YEA MORGAN -YEA O'CONNOR - YEA KELLER - YEA TORRES- YEA MOTION CARRIED. Application No. 08 -006 -SSA final hearing will be November 18, 2008 before City Council. Mr. Brisson presented the Planning Staff report of approval citing no adverse affects on neighboring properties. Chair Maxwell asked whether the applicant wished to address the Board? He did not. He then opened the Public Hearin and inquired whether anyone from the public wanted to be heard. There were none. Chair Maxwell closed the Public Hearing and requested discussion from the Board. There was none. EN V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. Petition No. 08- 006 -R- continued. C. Petition No. 08- 007 -R: Roland and Michele Mossel, property owner and applicant. Request for rezoning designation from Industrial (IND) to Residential Single Family -One (RSF -1). The property address is 116 Northwest 9t Street. - Planning Consultant. C OCTOBER 23, 2008 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 2F7 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 CLT; seconded by Member O'Connor. VOTE MAXWELL - YEA HOOVER - YEA BURROUGHS -YEA MORGAN -YEA MCCOY - ABSENT O'CONNOR - YEA KELLER - YEA TORRES- YEA MOTION CARRIED. Petition No. 08 -006 -R final hearing will be November 18, 2008 before City Council. Mr. Brisson presented the Planning Staff report of approval stating the applicant wishes to make the zoning map agree with the future and use map, which is not contrary to the City's Comprehensive Plan. Chair Maxwell requested the applicant to address the Board. Mr. Brisson read a letter from Mr. Mossel stating he was in Houston, Texas working with the hurricane victims and was unable to attend the meeting and requested Mr. Brisson to explain to the Board his reasons for the rezoning request. A portion of the letter stated the home on this property has been there for 30 plus years. He would like to have this property rezoned to coincide with the future land use to make it possible to get a mortgage on the home. Chair Maxwell opened the Public Hearing and requested comments from the public. There were none, he then closed the Public Hearing. Chair Maxwell entertained comments from the Board. There were none. 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 IND to RSF -1 ; seconded by Member O'Connor. MAXWELL - YEA BURROUGHS -YEA MCCOY- ABSENT VOTE HOOVER -YEA MORGAN -YEA O'CONNOR - YEA KELLER - YEA TORRES- YEA MOTION CARRIED. Petition No. 08 -007 -R final hearing will be November 18, 2008 before City Council. V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. QUASI - JUDICIAL D. Application No. 08- 011 -SE: Muhammad Nooruddin on behalf of property owners AMSA Holdings LLC. Request Special Exception to allow an Assisted Living Facility (ALF) within Commercial Professional Office (CPO). The property 'address is 608 Northeast 2' Avenue - Planning Consultant. IV. NEW BUSINESS A. Consider and discuss recommendation to City Council to amend LDR's Sec. 90- 194(2)d)) - Planning Consultant. OCTOBER 23, 2008 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 o'r l Mr. Brisson presented the Planning Staff report of approval stating Mr. Nooruddin has been through this process befon- The ALF is being moved from Northeast 11th Street, where it was first planned to a location that can accommodate the tvk story, 14 bedroom facility. Traffic will not pose any problems for this location. Mr. Nooruddin addressed the Board's question when the project would begin? He replied, immediately all the financing i in place and elaborated that construction would have already started, except for having to obtain this Special Exception Chair Maxwell opened the public hearing and asked whether there were any questions or comments from the public. Ther= were none. Chair Maxwell closed the public hearing and asked whether there was discussion from the Board.. There wa. none. Member Burroughs moved to approve Special Exception Petition No. 08. 011 -SE to allow a ALF located within a CP(' zoning district (Ref. Code Book Section 90-223(10); seconded by Member O'Connor. MAXWELL-YEA BURROUGHS -YEA MCCOY- ABSENT VOTE HOOVER -YEA MORGAN - YEA O'CONNOR - YEA KELLER - YEA TORRES- YEA MOTION CARRIED. Mr. Brisson presented the Planning Staff report outlining the location and proposed locations for migrant housing. He distributed colored diagrams of possible locations under the current LDR's, explaining the facilities now have to be 100 feet from an existing migrant facility, and 1000 feet from an existing church. Recommendation from the Planning Staff would b=) to limit the total number of licensed migrant facility units to not more than 25 within a radius of 2,500 feet of each other an, separate the facilities from preexisting churches and schools by at least 500 feet. IV. NEW BUSINESS. A. Consider and discuss recommending to City Council to amend LDR's Sec. 90- 194(2)d))continued. B. Consider and discuss recommendation to City Council to amend LDR's Sec. 90 -35(d) - Planning Consultant. OCTOBER 23, 2008 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 24 J $ � � °�' �� ��.�'! i�` 4�- +'µ�F�'� �e tip: ?'V m' - {? ^� f,F ��.• II Chair Maxwell asked whether there were comments from the Board. After lengthy discussion, Board Member Burroughs moved to recommend to City Council to leave the current migratory housing guide lines under LDR Sec. 90- 194(2)d)) in place due, to the fact the City is focused on economic development of the community, and this currently gives the person that comes in that wants to put a migratory facility an opportunity to do so, as long as it is under the legal guidelines of the State of Florida; seconded by Board Member O'Connor. VOTE MAXWELL - YEA HOOVER - YEA KELLER - YEA BURROUGHS - YEA MORGAN - YEA TORRES- YEA MCCOY - ABSENT O'CONNOR - YEA MOTION CARRIED. Mr. Brisson presented the Planning Staff report stating the City was having some difficulty with businesses that are non- conforming, sold and cannot obtain a Business Tax Receipt ,(BTR) due to the issues surrounding the non - conformities, even if the use remains the same. When the property changes hands they are required to come into conformance as much as reasonably and practically possible. Usually reasonable and practically is not difficult when it comes to landscaping or other minor requirements, but the City almost always has issues with parking. Apparently this has squashed some sales, basically the enterprise was lost to the community, therefore we were asked to review the regulations for modification. There are three ways to do this: 1. If someone sells a business to someone else and there is non - conforming parking, and nothing about the current business changes, no additional parking required, the business would be allow to continue. This is a common approach to non - conformity. Not all communities do this, but it is fairly common. 2. To allow someone, when they have a change in ownership and a change in the nature of the business and more parking is required, require only the parking space addition required by the change or expansion. 3. Any change of use that requires additional parking would require the new owner to bring up to code the parking that they were lacking before plus what they need now. The Board questioned, what is change defined as? Mr. Brisson answered, if it is a commercial use that has same square feet and same building, but requires more parking, like office to restaurant, it will require more parking. Also if they expand the building. J. D. Mixon, 7358 NE 50th Court, addressed the Board stating this LDR has caused a Toss of new business in the City. He cited Object 12 of the Comprehensive Plan. Mr. Brisson pointed out this has no relationship to the LDR and this particular issue. Mr. Mixon suggested the code needs to be clarified. IV. NEW BUSINESS CONTINUED. B. Consider and discuss recommending to City Council to amend LDR's Sec. 90 -35(d )continued. C. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. OCTOBER 23, 2008 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 6 OF William Rose, Jr., 6025 SE 30th Parkway confirmed having difficulty working with City regarding the parking issue. Mr. Ros acknowledged owning a business that has virtually no parking, purchased in 2004, nor can he sell, due to the parking issue Attomey Cook suggested the Planning Board and the City Council hold a workshop on this issue. The Board discussed length all pertinent issues of Sec. 90 -35. Member Burroughs made a motion to recommend City Council to modify Sec. 90.35 as Mr. Brisson has outlined i { his memorandum to the Planning Board dated October 15, 2008 with exception to place into the motion the nee to bring up the quality of the parking to a paver standards; seconded by Member Hoover. Chair Maxwell asked whether there was additional discussion from the Board? There was none. VOTE MAXWELL - YEA HOOVER - YEA KELLER - YEA BURROUGHS -YEA MORGAN -YEA TORRES -YEA MCCOY - ABSENT O'CONNOR - YEA MOTION CARRIED. Chair Maxwell asked whether there was additional discussion from the Board? There was none. Board Member Burroughs made motion to recommend to City Council to amend Sec. 90 -35 to, if you have a buildin that is a non- conforming use and you are going to change it in any manner, the parking must be brought up t standard to the manner in which the change was made; seconded by Board Member Hoover. VOTE MAXWELL - YEA HOOVER - YEA KELLER - YEA BURROUGHS - YEA MORGAN - YEA TORRES- YEA MCCOY - ABSENT O'CONNOR - YEA MOTION CARRIED. There were no additional proposed amendments to the LDR's submitted 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. Devin Ma dell, ell, Chairperson ATTEST: •' Betty J. meat, Secretary OCTOBER 23, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 7 2 IV There being no further items on the agenda, Chairperson Maxwell adjoumed the meeting at 8:15 p.m. 1 1 CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS HAND WRITTEN MINUTES OCTOBER 23, 2009 I. CALL TO ORDER- Chairperson: October 23, 2008, Planning Board /Board of Adjustment and Appeals Regular Meeting 6:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary. Present Absent Chairperson Maxwell ✓ Vice Chairperson Hoover Zz Board Member Burroughs V Board Member Keller j/ Board Member McCoy I,60 'etr -_ Board Member Morgan 1/ Board Member O'Connor -// Alternate Torres - 21(6 -Z U )MG v 4� Alternate Brass Senior Planner Brisson V Attorney Cook Secretary Clement t� 111. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the September 18, 2008 regular meeting. MOTION: J 1 ,i .i -t) moved to dispense with the reading and approve the Summary of l; C'Gi P 9 PP rY Planning Board / Board of Adjustment and Appeals Action for the September 18, 2008 regular meeting; seconded byJZ`Z Lam- OCTOBER 23, 2008 - PB /BOA MINUTE GUIDE - PAGE 2 OF 14 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. CONSIDER PETITIONS AND APPLICATIONS. A. Application No. 08- 006 -SSA submitted by Elbert Batton on behalf of property owners Abdul and Yasmin Cumber. CI ISCU ION: 1. Hear from Planning Staff whose recommendation is Approval to change FLU designation from SF to C for property located at 309 Northeast 4th Street. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. t-Lel_.-L 7 /(4-'1" Lam- - —,,.. jet4 (4) 3•,/i(04.-2 G <tof /a)> tit )ice( ..etc V 1 rL i�_ . _g:: (_-L ' r {' _ "L-4 'e.. %L - i�' Cie4 • t (=(C-✓ C-2 -'L'"J \�'- -� /` �- c-�„ � � 2 -',A-- (-fir . „1..�) -€>7-1'. C. z ,(7/6114i7„-/e/C -6:11 qlt-t-' - ig "4-c‹____ , _--/://:4-6 6 ---r 0) &71'(// 4---, t -t,"- ' ,;/;-r-r-‹ OCTOBER 23, 2008 - PB /BOA MINUTE GUIDE - PAGE 3 OF 14 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. ,f941 Zi1e1 4i? -1t ("1/6 zx2.-/ A% /L-' -ii*/ 4-u-6/4 /71()I7 I 14 S c y�-� t'� t- %v�11i -� OCTOBER 23, 2008 - PB /BOA MINUTE GUIDE - PAGE 4 OF 14 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. MOTION: al LC N : 6-Z., moved t City� ouncil to change the Land Use f VOTE: approve/ mSF•C eny Application No. 08 -006 -SSA and recommend to for property located at 309 NE 4th Street; seconded by YEA NAY ABSTAIN MAXWELL / HOOVER BURROUGHS KELLEER :7- Y MORGAN .r O'CONNOR ORRfS BRASS RESULTS (/IE) D DENIED B. Application No. 08 -006 -R submitted by Elbert Batton on behalf of property owners Abdul and Yasmin Cumber. 1. Hear from Planning Staff whose recommendation is Approval to change Zoning designation from RSF -1 to CLT for property located at 309 Northeast 4th Street. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. OCTOBER 23, 2008 - PB /BOA MINUTE GUIDE - PAGE 5 OF 14 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. DISCUSSION: t. /L c- _ 112 07 21 s Z 6 VI N.E. 4TH STREET S 4 3 2 1111.1iJIMMIMII 8 G 111 2 $ 8 5 4 3 2 Rif 1 8 0 10 11 12 i /B 5 4 3 2 1 120 ■ 6 0 10 11 12 O NE 4TH AVENJ E OCTOBER 23, 2008 - PBIBOA MINUTE GUIDE - PAGE 6 OF 14 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. MOTION: i/C-- zU moved to approve /deny Application No. 08 -006 -R and recommend to City Council to char €the Zoning Designation from RSF -1 to CLT for property located at 309 NE 4th Street; seconded by (�- Tide --G7___ VOTE: YEA NAY ABSTAIN MAXWELL .. HOOVER BURROUGHS '/ KELLER MGGO 7 MORGAN frr- O'CONNOR ✓ TORRES ✓ BRASS RESULTS ("ID) DENIED C. Application No. 08 -007 -R submitted by Roland and Michele Mossel. DISCUSSION: J 1/{)-t 1. Hear from Planning Staff whose recommendation is Approval to change Zoning Designation from IND to RSF -1 for property located at 116 Northwest 9th Street. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. OCTOBER 23, 2008 - PBIBOA MINUTE GUIDE - PAGE 7 OF 14 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. • • • Roland Mossel 13632 NW 160th Street Okeechobee, FL 34972 Office: 863 - 763 -7552 Fax: 863 - 763 -6060 October 9`h, 2008 To: Betty Clement From: Roland Mossel Subject: 116 NW 9th Street Okeechobee, FL 34972 This letter is to inform you that unfortunately I will not be able to attend the meeting for the rezoning of my home located at 116 NW 9th Street because I will be in Huston, Texas working with the hurricane victims. I would like you to explain to the board my reasons for the request to rezone my home from industrial to residential. This is a home that has been there for 30 plus years and the future rezoning map is laid out for future residential. I would like to have this property rezoned to coincide with the future zoning map and this would also make it possible for me to get a mortgage on this home. Thank you for your understanding, and help with this matter. You can reach me on my cell if you have any further questions or concerns that I will be able to assist with. Sincerely, Roland Mossel Application /Petition No. 61O --co 7 OCTOBER 23, 2008 - PB/BOA MINUTE GUIDE - PAGE 8 OF 14 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. MOTION: moved to approve /deny Application No. 08 -007 -R and recommend to City ouncil to change e Zon�in� Designation from IND to RSF -1 for property located at 116 Northwest 9th Street; seconded • y e1`z L ``c 2 VOTE: YEA NAY ABSTAIN MAXWELL HOOVER '`-- BURROUGHS KELLER MCCOY MORGAN ./ O'CONNOR (--' TORRES /-‘ BRASS ED RESULTS < C� / I DENIED QUASI- JUDICIAL D. Application No. 08- 011 -SE submitted by Muhammad Nooruddin on behalf of property owners AMSA Holdings LLC. 1. Hear from Planning Staff whose recommendation is Approval to allow an Assisted Living Facility within CPO Zoning District for property located at 608 Northeast 2nd Avenue. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. OCTOBER 23, 2008 - PB /BOA MINUTE GUIDE - PAGE 9 OF 14 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. DISCUSSION: Z(h- A.U44-61, Yip. Z- C7/ r5 /J Z.e,„4:4-4,74,Ga - A1'); '‘'t" 1,4 et 1:et al A 4; Scr"ii( 7 4 y/6,-Lt-a__ �. — � (/ St L 6-&61- -/ Y /7/uL 7� glut- Application /Petition No. 1' /I S OCTOBER 23, 2008 - PB /BOA MINUTE GUIDE - PAGE 10 OF 14 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. MOTION: t'ze� moved to approve /deny Application No. 08- 0011 -SE to allow an Assisted Livid FacilityAthin CPO Zoning District for property located at 608 Northeast 2 "d Avenue.; seconded by ( VOTE: YEA NAY ABSTAIN MAXWELL ----- HOOVER f BURROUGHS ✓� KELLER '-- MCCOY MORGAN i O'CONNOR TORRES --- BRASS RESULTS �� CARRIED DENIED VI. NEW BUSINESS. A. Consider and discuss recommending to City Council to amend LDR's Sec. 90- 194(2)d)) - Planning Consultant. DISCUSSION: d/r • POSSIBLE MIGRANT HOUSING LOCATIONS UNDER CURRENT LOCATIONAL LIMITATIONS ■1.1■ LO NI b... 1 11.____Iin 1 c 1. 1 n 1 I��111 ll\ L =r_ 1 Ink ''II ■�, mil 11 6111∎! es! ■ ror "� ■IIIIC .. ■1i ■SI Minn .11•1... SO / im 4�= •• • 1 no in.■ i �:.i iiiisw AL. =I� =.A\, - ...1� `'� ��i`� ten. LI Milne NU kw 1�e',1 %. ..�aTe11 fir 111 J IT ������ _I �.� \��•� I�o.� I • Only the few orange areas remain aviailable 2000 0 2000 4000 Feet • MAP 3 POSSIBLE MIGRANT HOUSING LOCATIONS UNDER PROPOSED REGULATIONS 111111111 111111111 11111111■ 111 ■1■■ 1:111I, 111111 1 ■1•111 11•II- •11•1• 41, ' -- •f>•� �a �• .41111 ■ n•■ m • NMI I1 Elm u■_ X11• ■s • 11111 WM. ■l■ e 11111 f•11■ 111111 111 ■1.11 1 ■ ■11 INMIME ■1 ■11 111111 1111■ 1FI 1111. ffft. - MINN 1111 ■ ...N ■ ■•1 IT J-•I••• .�I. 1, no111 , 1m111111111.1 =mom Nu ilurz 1111■ � ®imam .1d)1•'J I ■� 1 1111 i■■ ,irlifl elf fill, ■ii =- 5-14;�N'' ' °Yfil e: f11Y■ Wf ■ i I'll ♦ 7■ i ■ ■I ■■I 11ii f■■ MI/ �'i 4I qq 11N1 1111 ow/ Ong �e.1d'■1r.gifi� ill►, i'" Mil l .3 QV Wl■ I■Il . 1_ Oo:n�f>.00 .+0e �II� ®, ■fill, °il'i Y _.• ! 111 ■11■ :1111■ EMI ■fti■ 111 o smi 11111 ■1111 1111■ 1111■ ,•11.1,11111111111 � J IIf1IIImI AIIIIIi11111111i1 11111111111111111111 i ,'. AO G.�_Iy_ 11 et .. 1 LE l ft•1 ■• ' 1f• In I Tialirlan •11111• ■_� . ■�■ ... -III *Ai ' 111.01 ■1■1 ■III■. ER 'Arm, MI NM MI in a iii■ L!I ... ■ ■ ...III• III ■,i = °Ifl� ■ ■ ■� a. 1111-i111111111m. Balm; NNE 41111141 MO Ell I, 2000 0 X11. MuS Orange areas contain available sites. 2000 4000 Feet I VI. NEW BUSINESS CONTINUED. OCTOBER 23, 2008 - PB /BOA MINUTE GUIDE - PAGE 11 OF 14 A. Consider and discuss recommending to City Council to amend LDR's Sec. 90- 194(2)d)). A , / / (1 ,. frt_e_ e--), di/ AL-4.c L AwAyremanorsrmarfelM4411111D. Air 67)6/.6___7 ti c (,6 Application/Petition No. OCTOBER 23, 2008 - PB /BOA MINUTE GUIDE - PAGE 12 OF 14 VI. NEW BUSINESS CONTINUED. Nor A. Consider and discuss recommending to City Council omend LDR's Sec. 90- 194(2)d)). MOTION: 2- 6,-c_. o e- 'u. --k- 4.41-'1(A,az--1 ) A.1--- moved tcArrecommend to City Council to amend the LDR's, Sec. 90- 142(2)d)) is seconded by VOTE: YEA NAY ABSTAIN MAXWELL HOOVER BURROUGHS KELLER ,.,/ MCCOY MORGAN c / O'CONNOR C/' TORRES (% BRASS RESULTS ( � CARRIED ) DENIED B. Consider and discuss recommending to to City Council to amend LDR's Sec. 90 -35(d) - Planning Consultant. DISCUSSION: ,} 1l L " /z —, 7 2 2 z �� .��t� 111.- 1 NI LC ) �� ((„L: 44_-7`. OCTOBER 23,2008 - PBIBOA OWE GUIDE • PAGE 130P 14 B. Consider and discus recommending to to C Council to amend tieti BUSINESS CONTINUD. 7 A-de 2 & %a* c tt -74 L-1..11.4 z .0t 0. • 1 4111.00-19,0011 00.00,0 1 -At e6 it- 3 4. ) 1 - • J2- pplication1Pettion No. Application/Petition No. L Dii(7 - 3560 1 I • / . /Le (uz6i4-447o YCC ■■•"-- • 7 - p, etc4L. £17cr (-4u-g - -7,75 4 7c. 2. E;_--(2 OCTOBER 23, 2008 - PB /BOA MINUTE GUIDE - PAGE 14 OF 14 VI. NEW BUSINESS CONTINUED. B. Consider and discuss recommending to to City Council to amend LDR's Sec. 90- 35(d). MOTION: 2L 7� - 35 moved to recommend to City'incil th amentl'the LDR's, Sec. 90 -35(d) �zc seconded by VOTE: C tiltL'� ABSTAIN MAXWELL �v'" HOOVER BURROUGHS KELLER /,-- MCCOY MORGAN O'CONNOR 7-17 TORRES yv V/ BRASS /. RESULTS ' ARRIE DENIED C. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. DISCUSSION: VII. ADJOURNMENT - Chairperson % p.m. CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING OCTOBER 23, 2008 OFFICIAL AGENDA PAGE 1 OF 3 I. CALL TO ORDER: Planning Board /Board of Adjustment and Appeals, October 23, 2008 6:00 p.m. - Chairperson. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. 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 Malisa Morgan Alternate Osiel Torres Alternate Karyne Brass Attorney John R. Cook Senior Planner Bill Brisson General Services 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 September 18, 2008 regular meeting. IV. AGENDA - Chairperson. B. Requests for the addition, deferral or withdrawal of items on today's agenda. OCTOBER 23, 2008 - PBIBOA AGENDA - PAGE 2 OF 3 V. CONSIDER PETITIONS AND APPLICATIONS. A. Application No. 08- 006 -SSA submitted by Elbert Batton on behalf of property owners Abdul and Yasmin Cumber. 1. Hear from Planning Staff whose recommendation is Approval to change FLU designation from SF to C for property located at 309 Northeast 4th Street. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. B. Application No. 08 -006 -R submitted by Elbert Batton on behalf of property owners Abdul and Yasmin Cumber. 1. Hear from Planning Staff whose recommendation is Approval to change Zoning designation from RSF -1 to CLT for property located at 309 Northeast 4th Street. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. C. Application No. 08 -007 -R submitted by Roland and Michele Mossel. 1. Hear from Planning Staff whose recommendation is Approval to change Zoning Designation from IND to RSF -1 for property located at 116 Northwest 9th Street. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. OCTOBER 23, 2008 - PBIBOA AGENDA - PAGE 2 OF 3 QUASI- JUDICIAL D. Application No. 08- 011 -SE submitted by Muhammad Nooruddin on behalf of property owners AMSA Holdings LLC. 1. Hear from Planning Staff whose recommendation is Approval to allow an Assisted Living Facility within CPO Zoning District for property located at 608 Northeast 2 "d Avenue. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. VI. NEW BUSINESS A. Consider and discuss recommending to City Council to amend LDR's Sec. 90 -194 (2)(d) - Planning Consultant. B. Consider and discuss recommending to City Council to amend LDR'sSec. 90 -35 (d) - Planning Consultant. C. Consider any additional 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 opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: �j Q d J0-/ Petition No. .� OS oo6-ssA Fee Paid: Jurisdiction: 1st Hearing: i p) i 2nd Hearing: / 1 / c.//pg' Publication Dates: / Notices Mailed: Proposed Use of the Property: ,bi1'i me y CL CO2 Comprehensive Plan Map Amendment Application Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): pbdtLe ' r i &9\1,41 6,(11,bGV Owner mailing address: ,P4"lpy w i O1" j �'' us -hr>t GI 3,.91:201_,a. =' = P , Name of applicants) if other than owner (state relationship):1'YA nil N A. yd 01,21 Yi- P/tA Size of the Property (in acres): a C 1 r / I , A P licant mailing address: �I1 N� Z t-d 5} Oltsipairloc, p 341-0_ Current Future Land Use Designation Designation: ‘ie_e id,en +z 49 Name of contact person (state relationship): gran nil \to- YCl eiceft 191141-15-1,1.) l -f Proposed Future Land Use Designation: °LGr irvier 0 0 Contact person daytime phone(s): (tP)--)7 WA .. r1L1 t D ( 3 441 -W1Z Fax(%03)' 9.14-00`36- 1. ✓ Property address / directions to property: _ ! P;. E _ ,,,_).5-3-1-35-__ �ti G— O1 I co a Oct D S-15- 3-1---5- � o- , Parcel Identifcation Number: 3-15— ,-?�3S- ocat 0- c.%\ Oo --CADO Size of the Property (in acres): a C 1 r / I Current Zoning Designation: ee co) d,c n.{- -1 Current Future Land Use Designation Designation: ‘ie_e id,en +z 49 Existing Use of the Property: Proposed Future Land Use Designation: °LGr irvier 0 0 Proposed Use of the Property: ,bi1'i me y CL CO2 Description of Surroundin Properties: a t - A d en-h t & , m t, J 4-t - m 1 1 y, Co-ni Hite rd 1 c 0, IN2RUy WrnA nte. r 61 00 Legal Description of the Property (Lengthy Description May be Attached): Uniform Land Use Application (rev. 12/03) Page 1 of 2 %Db- Co-10 ✓ Survey of Property (11" x 14 ", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization ✓ Application Fee (non - refundable) v City Location Map firma, ccijrac I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. tift - Signature‘ Elroxwl 14 -o Printed Name Date Uniform Land Use Application (rev 12/03) Page 2 of 2 City of Okeechobee Planning Department 55 SE 3rd. Avenue; Okeechobee, FL 34974 Phone (941) 763-3373 Fax (941) 763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner{.$): iJ (J - j LM l r .2 - \I (t,rnt n C;i,t,rn bcAv Mailing Address: - (9L u 9 . v■I ii l awix ri 011 - S-1-. ci LI,--h ylk %t - S9041g- Home Telephone: Work Telephone: . Property Address: iztoci N er 444) S4-, O1LUCh Dhee cis 1-1-°i -12. P a r c e l T a x ID N u m b e r . 1 6 - - 3't -35- onto - r x too - 0 0 1 ( : ) ) 7 D -15- 31 - — �Ol.n - ui t c Name of Applicant: t -, , , �y v-4 r #a ,-c,i, e a tar c-",-1;,_° Home Telephone: g1�_ U t.4-*t- 004 Work Telephoner. (_g�,7 spiv -b Esc o - (.0314 -'11 -(coo The Undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the Applicant stated above the fall right an power of attor ney to make application to the City of Okeechobee to chRnge the land use of said property_ This land use change may include rezoning of the property, the granting of special exceptions or variances, and appeals of decisions ofthe Planning Department. It is understood that conditions, limitations and restrictions may be placed upon the use or operation of the property. Nlisstaiments upon app}ica ion orin 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 temtinated only by a written and notarized statement of such termination effective upon receipt by the Planning Department_ WHEREOF THE UNDERSIGNED HAVE SET THEIR HANDS AND SEALS DAY OF ALf 29v8. Before me the undersigned authority personally appeareclthe owner(s) named above who upon being dryly swum. acknowledged before me thatihey are the owners) ofthe real property described above and they executedihe power of attorney for purpose stated therein_ Swam and subscribed this da of T••�;i�; " ",•.•,, JAMES T. MURPHY Nbtary Public, State of Ronda irif My Comm- Expires Sep. 22, 2009 P:.::yP Comm. No. DD 474653 SEAL. - 01 ao sf � hoi4 fratj, 6irnei_,4 L-e-tizAd nurn12,/, 0oib -dN06 - Dbio 8- /5- - 3s- DOld-oiloo- 0420, anaA 3-15-- 37- 35-DD /b- D// 00 - 0070. dtov 1�1'Q h ivofiYA 3-15-37-35-0010-01100-0010 f^I tAJRFo AR11111 0.1 R ('I 15A1:3CD VAC6aIAI 3-15-37-35-0010-01100-0010 CUMBER ABDUL M & CUMBER YASMIN 1.928AC Okeechobee County Property Appraiser 0 W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863 - 763 -4422 PARCEL: 3- 15- 37- 35- 0010 -01100 -0010 - VACANT (000000) CITY OF OKEECHOBEE LOTS 1 TO 12 INC BLOCK 110 Name: CUMBER ABDUL M & CUMBER YASMIN Site: 309 NE 4TH ST, OKEECHOBEE Mail: 2464 WILLOWBEND DRIVE ST AUGUSTINE, FL 32092 Sales 12/4/2004 $0.00 V / U Info 10/1/1988 $100.00 V / U 4/1/1970 $100.00 V / Q LandVal $216,000.00 BldgVal $0.00 ApprVal $216,000.00 JustVal $216,000.00 Assd $216,000.00 Exmpt $0.00 Taxable $216,000.00 240 4I 0 720 ft 1-: This information, Last Updated: 9/19/2008, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THI AND IS TRUE AND CORRECT AS SURVEYED IN THE FIEL COMPLIES WITH THE MINIMU CHAPTER 61- G -17 -6 BY TH PURSUANT TO SECTION 47 ARE NO ABOVE GROUND E BY 14000' (P &M) o g 14000' (1' & M) • 50.00' (P) scf 6 • 50000' <P & M) 50.00' (P) I 50.00' C P) I 50.00' (P) I 50.00' (P) 1 1 1 1 4 1 1 2 I 1 110 50.00' (P) I 50.00' (P) 50.00' (P) 500.00 (P & M) 500.00 (P &M) 1 1 1 1 I lNOtIkCLUt2th2 50.00' (P) 14000' (P & M) 500.00' (P & M) 140,00' (P & M) • k. H r 4- H-- 51 t- SURVEY MAP IS PER RECORD DESCRIPTION THE BEST OF MY KNOWLEDGE AND BELIEF I FURTHER CERTIFY THAT THIS SURVEY EC NICAL STANDARDS SET FORTH IN IDA BOARD OF LAND SURVEYORS ORIDA STATUTES, AND THAT THERE MENTS OTHER THAN SHOWN. �q DATD Z/ REGISTERED LAND SURVEY❑ FLORIDA REGISTRATI ❑N # '15 GEORGE M. AYLOR, JR. R.L. ■ • Q FFE PSM R/W PC A L X 0.00 LEGEND: -FOUND CONCRETE MONUMENT - FOUND 5/8' DIA. IRON ROD - EXISTING WIRE FENCE - EXISTING CHAINLINK FENCE - EXISTING WOOD FENCE - CENTER LINE - FINISH FLOOR ELEVATION - PROFESSIONAL SURVEYOR AND MAPPER - RIGHT -OF -WAY -POINT OF CURVE - DELTA ANGLE - ARC LENGTH - TYPICAL ELEVATION FIELD WORK COMPLETED 08/26/08 McINTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772)878 -7568 <voice) (772)343 -1091 (fax) CERTIF. OF AUTHORIZATION NO. LB7332 LOCATION MAP .,, n. 7wA s ri. AnR 4t ryi4s x' 1 a..s 1*.R .. x Ya9l of NAM' SrRI*.X. �31 yzaoipa��. LEGAL DESCRIPTION: LOTS 1 THROUGH 6, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CONTAINING 0.96 ACRES ADDRESS: XXX NE 5TH STREET OKEECHOBEE, FLORIDA FLOOD ZONE: 'X' UNMAPPED SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G.V.D. 1929. 7. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: BOUNDARY SURVEY PREPARED ON THE ORDER OF: ELITE TITLE, INC. SCALD 1' =60' DRAWN BY: TMW FILE NO.' 4249 I 8 0 v ^Q 8g Ro 8 300,00' (P & M) . 50.00' (P) 8 F.00K 50.00' (P) 50.00' (P) 9 110 15, e06) 5',17; 0,-1- lit+ 50.00' (P) 50.00' (P) 10 50.00' (P) 50.00' (P) q 11 q 50 (P) • . KO' INC,LV 2 . . 300,00 P & M), (P &M)' • 50.00' (P) 7 ., 50.00' P) 50.00' (P) 8 F.00K 50.00' (P) 50.00' (P) 9 110 15, e06) 5',17; 0,-1- lit+ 50.00' (P) 50.00' (P) 10 50.00' (P) 50.00' (P) q 11 q 50 (P) • 90.00' (P) ILI - � 8z g z 50.00 (P) SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS AND IS TRUE AND CORRECT TO AS SURVEYED IN THE FIELD. COMPLIES WITH THE MINIMUM CHAPTER 61- G -17 -6 BY THE PURSUANT TO SECTION 472. ARE NO ABOVE GROUND ENC 250.00' (P & M) t� ,A-- ' loo i Sit 1-1 SURVEY MAP IS PER RECORD DESCRIPTION THE BEST OF MY KNOWLEDGE AND BELIEF I FURTHER CERTIFY THAT THIS SURVEY CHNICAL STANDARDS SET FORTH IN R DA BOARD OF LAND SURVEYORS ORIDA STATUTES, AND THAT THERE ENTS OTHER THAN SHOWN.pp DATE: 18 "0.9"- BY: REGISTERED LAND SURVEYOR FLORIDA REGISTRATION #40 GEORGE M. AYLOR, JR. R.L,S. • • q. FFE PSM R/W PC A L X 0.00 LEGEND+ -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD - EXISTING WIRE FENCE - EXISTING CHAINLINK FENCE - EXISTING WOOD FENCE - CENTER LINE - FINISH FLOOR ELEVATION - PROFESSIONAL SURVEYOR AND MAPPER - RIGHT -OF -WAY -POINT OF CURVE -DELTA ANGLE - ARC LENGTH - TYPICAL ELEVATION 14000'(P &M 8 FIELD WORK COMPLETED: 08/26/08 McINTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772)878 -7568 (voice) (772)343 -1091 (fax) CERTIF. OF AUTHORIZATION NO. LB7332 ■ LOCATION MAP LEGAL DESCRIPTION: LOTS 7 THROUGH 11, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CONTAINING 0.80 ACRES ADDRESS! 309 NE 5TH STREET OKEECHOBEE, FLORIDA FLOOD ZONE' 'X' UNMAPPED SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G.V.D. 1929. 7. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: BOUNDARY SURVEY PREPARED ON THE ORDER OF' ELITE TITLE, INC. SCALE' 1' =60' DRAWN BY' TMW FILE NO.: 4249B 1 3- "5' LS. eft 190,00' (P & M) 300.00' (P & M) • Nar 1 N,CLUEF 2 300.00' C P & M) C [CJ 14 \uk_F2-1r • • 50.00' CP) 50.00' (P) 50.00' (P) 50.00' CP) 50.00 CP) i a IN Off' I 1,1,113F n 12 CLOCK Ito g ° dk�� 50P 50.0' () &000 (P) 00 () 50.00' (P s Q 451 300.00 (E & M) SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS AND IS TRUE AND CORRECT T AS SURVEYED IN THE FIELD. COMPLIES WITH THE MINIMUM CHAPTER 61- G -17 -6 BY THE PURSUANT TO SECTION 472. ARE NO ABOVE GROUND ENC BY: REGISTERED LAND SURVEYO FLORIDA REGISTRATION #4015 GEORGE M. AYLOR, JR. R.L.S. SURVEY MAP IS PER RECORD DESCRIPTION THE BEST OF MY KNOWLEDGE AND BELIEF FURTHER CERTIFY THAT THIS SURVEY HNI AL STANDARDS SET FORTH IN RID BOARD OF LAND SURVEYORS IDA STATUTES, AND THAT THERE NTS OTHER THAN SHOWN. DATE: S V LEGEND: ■ -FOUND CONCRETE MONUMENT • -FOUND 5/8' DIA. IRON ROD -$ - EXISTING WIRE FENCE --x— - EXISTING CHAINLINK FENCE -'�- - EXISTING WOOD FENCE Q - CENTER LINE FFE - FINISH FLOOR ELEVATION PSM - PROFESSIONAL SURVEYOR AND MAPPER R/W - RIGHT -OF -WAY PC -POINT OF CURVE O -DELTA ANGLE L -ARC LENGTH X 0.00 - TYPICAL ELEVATION 140.00' (P & M) FIELD WORK COMPLETED: 08/26/08 McINTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772)878 -7568 (voice) (772)343 -1091 (fax) CERTIF. OF AUTHORIZATION NO. LB7332 f I LOCATION MAP LEGAL DESCRIPTION: LOTS 12, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CONTAINING 0.16 ACRES ADDRESS: XXX NE 4TH STREET OKEECHOBEE, FLORIDA FLOOD ZONE: 'X' UNMAPPED SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -QF -WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G.V.D. 1929. 7. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: BOUNDARY SURVEY PREPARED ON THE ORDER OF: ELITE TITLE, INC. SCALE: 1' =60' DRAWN BY' TM W FILE NO.: 4249A 1 • • • • • • • • 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 LaRue Planning & Management Services, Inc. staff Repot —smart scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Elbert Batton & Franny Watford Petition No. 08- 006 -SSA Staff Report Small Scale Amendment Applicant: Elbert Batton & Franny Watford Petition No.: 08- 006 -SSA General Information Applicant: Applicant Address: Applicant Fax Number: Contact Person: Elbert Batton 311 NE 2nd St Okeechobee, J ran rr atford 863- 824 -0802 Elbert Batton Zoning District Use of Prope _ .. Acreage Location: 309 NE 4th Legal Description: RSF1 1.928 acres Street CLT 1.928 acres LOTS 1 THROUGH 12, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. 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 for 12 city Tots comprising 1.928 acres of land on the north side of NE 4th Street between NE 2nd and NE 3rd Streets. The Applicant has also submitted an application to rezone the property from RSF1 to CLT. Staff Report Small Scale Amendment Applicant: Elbert Batton & Franny Watford Petition No.: 08- 006 -SSA Adjacent Future Land Use Map Classifications and Zoning Districts East: Future Land Use Map Classification: Single- Family. Zoning District: RSF1 Existing Land Use: Vacant - seMa West: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Mortuary General Analysis and Staff Comments Based on the size of the property (1.928 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. 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. A Goal of the City, as set forth on page 1 of the Future Land Use Element, is to "...maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost." Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property and environmentally sensitive areas from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. 2 Staff Report Applicant: Elbert Batton & Franny Watford Small Scale Amendment Petition No.: 08- 006 -SSA The requested Commercial future land use designation and proposed CLT zoning appear to be consistent with the general pattern of commercial expansion evident in the area east of US 441. Considering the pattern of prior approvals involving other lands similarly situated, it is Staffs understanding that the City ultimately envisions a pattem of commercial development within two blocks of US 441 in this general area. As such, Staff believes the requested amendment is consistent with the Comprehensive Plan. B. Adequacy of Public Facilities The applicant has submitted no information regarding either the projected demand for City water and sewer services or an estimate of traffic generation. However, nearby commercial and multi - family development are served by water and sewer facilities. Given the limited size of the parcel and the likely intensity of potential commercial development, Staff believes that OUA has sufficient capacity to accommodate the water and sewer needs would be associated with development of the subject property. At this stage, the Applicant has offered no indication as to the uses to be placed on the property. Lacking this, Staff has prepared a rough estimates of the traffic generation for the most intense uses likely allowable under a commercial land use designation and CLT zoning. This analysis assumes 40,000 square feet of commercial space in one or more three story buildings, with retail on the ground floor and offices above, with a footprint of about 13,300 square feet. By contrast, under the current maximum allowable density of five units per acre in the Single - Family land use category, nine single - family units could be built. However, if the 12 lots are "grandfathered," as we suspect they are, then 12 homes could be built. Following is a brief comparison of the demand for water and sewer services and for traffic generation associated with development of the property under the current and requested Future Land Use designations. Potable Water: LOS — 114 gallons per person per day Estimated residential demand: 12 Single- family units @ 2.7 person per unit = 32 persons at 114 gallons per person per day = 3,648 gallons per day. Estimated retail /office demand: OUA has no specific standard for potable water demand associated with commercial uses. Review of other information from 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, provides 3 Staff Report Small Scale Amendment Applicant: Elbert Batton & Franny Watford Petition No.: 08- 006 -SSA some guidance. We believe that a factor of 100 gallons per 1,000 square feet of floor area per day would be reasonable for general commercial uses. Using this factor, estimated demand associated with 40,000 square feet of commercial space at 100 gallons per 1,000 square feet = 4,000 gallons per day (gpd). Sewer: LOS — 130 gallons per person per day Projected residential demand: 12 Single- family units @ 2.7 persons per unit = 32 persons @ 130 gpd = 4,160 gpd. Projected retail /office demand: OUA uses a standard of 250 gallons per day per unit. In this case, each individual store or office would be considered a unit. Unfortunately, it is impossible at this stage to estimate the number of units. However, assuming demand for waste water treatment from general commercial uses would be about the same as that for potable water, or about 100 gallons per 1,000 square feet of floor area would indicate a demand of 4,000 gpd. Solid Waste: The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other developments in the City. It appears reasonable that the volume of solid waste associated with a development of this size can also be accommodated within the capacity of the County's Solid Waste Facility. Traffic: LOS — Principal Arterials C Minor Arterials D All other roadways D Based on the Seventh Edition of the 1TE 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 the trip generation factors for general office use is 1.49 trips per 1,000 square feet in the PM peak hour, and most other commercial uses generate at least three trips per 1,000 square feet. 4 Staff Report Applicant: Elbert Batton & Franny Watford Small Scale Amendment Petition No.: 08- 006 -SSA Peak hour traffic for 12 single - family units @ 1.01 per unit = 12 trips. Each of the following represents uses of varying levels of intensity allowed in the Commercial Land Use Category, assuming a three -story building: Peak hour traffic with 40,000 square feet of office space @ 1.49 trips /1,000 square feet of space = 54 trips. Peak hour traffic with 40,000 square feet of general commercial space @ an average of 3 trips per 1,000 square feet of space = 120 trips. Peak hour traffic with 40,000 square feet of medical office @ 3.72 trips per 1,000 square feet of space = 149 trips. C. Compatibility with Adjacent and Nearby Land Uses The property to the immediate north houses multi- family uses on two of the three Tots. The land to the south is vacant. Despite the current residential land use designation of the subject property and the properties to its immediate north and south, Staff believes the policy of the City regarding properties within two blocks of US 441 in this general area envisions gradual transition to commercial use. 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, AIC October 15, 2008 Planning Board hearing: October 23, 2008 Council Hearing: November 4, 2008 Attachments: Future Land Use Map Zoning Map County Property Appraiser's Aerial 5 Staff Report Applicant: Elbert Batton & Franny Watford Small Scale Amendment Petition No.: 08- 006 -SSA FUTURE LAND USE BATTON - WATFORD SITE AND ENVIRONS SINGLE - FAMILY 200 0 200 400 Feet i MULTI - FAMILY COMMERCIAL 6 Staff Report Applicant: Elbert Batton & Franny Watford Petition No.: 08- 006 -SSA Small Scale Amendment ZONING BATTON - WATFORD SITE AND ENVIRONS ZONING CHV RMF RSF1 200 0 200 400 Feet Staff Report Small Scale Amendment Applicant: Elbert Batton & Franny Watford Petition No.: 08- 006 -SSA Okeechobee County Property Appraiser's Aerial 8 * Master Land Development Application and Checklist: Rezone - Special Exception - Variance (Rev. 12/07) City of Okeechobee General Services Department 55 S.E. 3`a Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763-1686 Petition No. C) g` 1 D 1 s` Hearing: Jo h. a 2' Hearing: ! „F Publication Dates: g3 Notices Mailed: (below for office use only) 9 Owner mailing address: gl &) Mkt! Name of applicant(s) if other than owner ri 1 Applicant mailing address: e Z`- . 4-- ! c ko toet.. Name of contact person (state relationship): Contact person daytime phone(s): '(p8)9 Z4 -G9b0 ¶JI Property address/directions to property: • fG 5- - • II& 4- 1'�teD Describe current use of property: aca k l awl Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc.): 11 12 Approx. acreage: 19 (!l 1015 Is property in a platted subdivision? ( ) Yes (X)No Is there a use on the property that is or was in violation of a city or county ordinance? ( -;() No; ( ) Yes If, yes, describe the use and violation: Have there been any land development applications submitted in the past year that involve any part of the property? (N[ )No ( )Yes If yes, provide date, name of applicant, and brief description of the nature of the application: Is a pending sale of the property subject to this application being granted? ( X) Yes ( ) No Do you own any other lands adjacent to the subject property? (') No ( ) Yes If yes, describe the l4 current and intended uses: 15 17 Describe uses on a,jjoinipg 7operty to the:- (-) North: (L 1 i Q (tjjyn rvLe ✓ CL c» East: %AstIA 1- ifi,uwt,I9 South: evAmAtile . West: to noel, & cJX ( (- ktku44 18 Request is for: Rezon- ) Special Exception ( ) Variance Parcel Identification Number: �_ S ✓ . o l D — • 0010 -1 1-38 -i 3-1- - Do l o - (D‘ ► oo- QC) 0 Q i ZD , Master Land Development Application and Checklist: Rezone — Special Exception — Variance (Rev. 12/07) below for office use onl 19 20 Applicant's statement of interest in property Last recorded warranty deed 21 22 23 Notarized letter of consent from property owner (if applicant is different from property owner)_ s Property survey (onc copy 11" x 17" and two copies 24" x 36 ") containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to nearest tenth of an acre 24 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Re•uest Form from the Okeechobee Pro. e A..raiser's Office attached 25 Affidavit attesting to completeness and correctness of the list (attached) Nonrefundable application fee: Rezone:$500; Special Exception:$250; Variance:$250;al1 plus $30 /acre. 26 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 summary denial of this application. Si g attire hannq\ alftYet c- Li -DtS Printed N e Date For questions relating to this application packet, call the General Services Dept. at (863) 763 -3372, ext. 218 This Instrument Prepared By: ANDREW M. CURTIS, ESQ. 1300 North west 17'" Avenue Suite 278 -- Delray Beach, Florida 33445 Telephone: (561) 265 -1220 Record and Return to: the above attorney OBIT-MAIM DEED FILE NUM 2OO5O11O2 OR gK 00 .563 PG 1428 SHARON ROBERTSON. CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED RDING F05/18/2005 E 0 3. 44 "45 PH RECORDED BY N Arnold THIS QUIT -CLAIM DEED, executed this day of , 2004, s-'% hetween ABDUL M. CUMBER and LS7 N A. D /B /A CUxxxx TRADING COIWAEY, V:-;pprein referred to as the "GRANTOR * ", and ABDUL N DUMMY . CUMBER and DUMMY A. .,J 'UMBER, as Co- Trustees of the ABDUL IVIED TRUST, u: der Declaration of Trust, dated f 9Q,i as -to an &a ,vided 1 / 2 interest, and TAXMEN CWm ABDUL /ABDUL N COl�t, as Co- of. tees , the A C0 F'ZS " LIVING , as TRUan, under Declaration 2 of ,Tz�at, dated Q�Q�� %3' as to an undivided 1 / 2 intai-!,.)4t, all ha ing an addrest of 3 02 NW 122sd Avenue, Coral Springs, FlorYder;53065, with the power and authority to protect, conserve, and to sell,\1e 3e, encumber or otherwise manage and dispose of the real property conveyd4 thereinafter the "GRANTEE *". "(Whenever used herein the term "Grantor "Grantee" and 'party" include all the parties to this instrumee whether singular or plural). WITWESSETHitIvA the said GRANTOR, for and in consideration of the sum of Ten and 00/10$10.00) Dollars and other good and valuable consideration. in hand pal` %y the said GRANTEE, the receipt whereof is hereby acknowledged, hereby remise, release and quit -claim unto the said GRANTEE foreve ..3.‘f the right, title, interest, claim and demand which the said GRANTO Has\ in and to the following described lot, piece or parcel of land, yXuate, lying and being in the County of OXEECHOBEE, State of FLORIDA, 5.44ait: CIT7 OF OICESCHOBEB LY T$-2 TO 6 INC BLACK 110 This is an inter- famill nveyance; therefore minimum documentary stamps are attached. This dcie4Mtnt is being prepared without the benefit of title examination, as rehtes#,ed by the Grantor. r ,1'..1 1i Parcel ID No.: 3- Z5- 3 ?- 01O -01100 -0010 l -te=a 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 GRANTOR, either in law or equity, to the only proper use, benefit and beboof of the said GRANTEE forever. IN W day and y REOF, the GRANTOR has hereunto executed these presents the t above written. ealed and delivered the presence of: t Name STATE OF FLORIDA COUNTY OF BRONARD o .,:•.4 3202 3m 122"a Avenue Coral Springs, Florida 33065 3202 W222' Avenue Coral Springs, Florida 33065 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared ABDUL N. =K am and YASMZN A. CUMBER, who have produced Drivers' Licenses as identification and did not take an oath, but acknowledged before me the execution of the foregoing instrument fo . rpo;es therein expressed. this SS my han d official seal in the o and State la= foreaaid day of , 2004. My Commission expires: '4$ B E h1 NCLTzRY PUBLIC, State of Florida e: r • • WARRANTY DEED Pa 299 PEE 499 J?,\ Indenture made this G day of October, 1988, BETWEEN ,jiEL M. MEUNE, a/k/a SAMUEL. MEUNE, and AUDREY MEUNE, his wife -ttalattcbISON STREET, HOLLYWOOD. FL 33021 and _) \,rim ABDUL M( 1foiBER and YASMIN A. . CUMBER, his wife of 3202 N.W.1(ENUE. CORAL SPRINGS. FL 33065 W r T N e 3 S E T H, Thai s M,Ce p(M for and In consideration d tin son of TEN AND 00/IO65 (510.00) Dothes andothcrgood and valuable <cmiderallons td,sard p' �Otor b hand paid by gild trance, tht receipt whereof is hereby aeknorke%ed, has panned, bargained and sold to the arahRc and grantec'a being forever the Mowing described land located In the Ceumyd OKEECHOBEE, Stare of Florida, twain n . GRANTEE*, / LOTS 1, 2, 3„ 4,5, 6, 7, 8, 9S� 11 OF BLOCK 110, OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED T BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, ALSO RECORDED/IN,LAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. - ! _; SUBJECT TO RESERVATIONS, S)TION5 AND EASEMENTS OF RECORD, IF ANY. and Bald grantor does hereby fully.amnt tl k ju7atd land, and .apt defend the same against the lawful claims d all persona Whomsoever. •Singu[ar and plural are Interchangeable as c IN WITN6S WHEREOF. Grantor has hereunto se 4T• and al this day and year Ern abode vai0en- COUNTY OF t�dow0.�-a� STATE OF FLORIDA A E I HEREBY CERTIFY that on this day of October, l9 bef mar, ajebmeer duly Qualified to cats aeka slcdgmcnts, peraototiy appeared SAMUEL 1L MMdHB. alk/a SAMUEL MEUNE,r'1 AUDREY MEUNE, his wife to roe known m be the person(e) described In and who G cutcd the foregoing bwwment and acck dpEfare tae that they meant the sun. r. e., , ci FI..DF-117-4P � 41t. Jpt � 4Sf}I F E. Y:z - l; 2 6 4. 601 • tf Prepared* OOtit CIME1 S,3R.�ESIIraE Poo Omen Bar968 Oteechobee,Ficsida 344Th (a13) 763 -3131 1Ua Number 8$-2333 zr 'OFFICIAL IETA.'IY SEAL" JOSEPR L. SCO'swrt riY Cof•:f- ry?. 5/:”M2 This Instrument Prepared By ANDREW M. CURTIS. ESQ. 1300 North West 17" Avenue Suite 278 Delray Beach, Florida 33445 Telephone: (561) 265 -1220 Record and Return to: the above attorney : - THIS QUIT -CLAIN DEED, executed this day of l'c:---„splbtween ABDUL X. CUMBER and TASXIN A. D /B /A CUMBER TRADING =CRUJ3. - ' ";hereir_ referred to as the "GRANTOR' ", and •• X. camp= and YASA®T A. '�! CT7XBER, as Co- Trustees of the ABDUL N. an R VOGHLS LXVZ2G TRUST, un4d�r Declaration of Trust, dated /d r� , as to an N ided 1 / 2 interest, and TASK A. - ABDUL M. CUMBER, as Co- TfaifStees of the YASNnT 1l. .. • = • =. • TRUST, under Declaration of .Ti+4at, dated I�J e , as to an undivided 1 / 2 int t, all having an 72 a••re s of 3202 NW 122i° Aveaua, Coral Bpriags, FlorkOM733065, with the power and authority to protect, conserve, and to encumber or otherwise manage and dispose of the real property conveyet thereinafter the "GRANTEE.". .(Whenever used herein the term °Grantor °; "Grantee" and "party" include all the parties to this instrumef whether singular or plural). WITNESSETH•t» p, the said GRANTOR, for and in consideration of the sum of Ten and 00 /i6 $10.00) Dollars and other good and valuable consideration, in hand pal Ay the said GRANTEE, the receipt whereof is hereby acknowledged, ee; hereby remise, release and quit -claim unto the said GRANTEE foreve was} _ the right, title, interest, claim and demand which the said GRANTO fitaQ`-, in and to the following described lot, piece or parcel of land, Eaate, lying and being in the County of ORHOBSS, State of FLORIDA, 7 TO II INC BLOCK 110 This is an inter -famil ddnveyance; therefore minimum documentary stamps are attached. This doc( is being prepared without the benefit of title examination, as re ed by the Grantor. Parcel ID No.: 3- 15- 37- 3501.0- 01100 -0070 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 GRANTOR, either in law or e y, to the only proper use, benefit and behoof of the said GRANTEE forever. 1111111111111111111111111111111 FILE MUM 20O5O11O5O OR BK OO563 PG 1426 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 05/18/2005 03:44:45 Ph RECORDING FEES 10.00 RECORDED BY N Arnold 2004, CITY 07 OKSECHOBRE IN WI day and yea BOP, the GRANTOR has hereunto executed these presents the ove written. ed and delivered Pr ence of: Name: STATE OF FLORIDA COUNTY OF BROWARD ABDUL' .,. 3202 NW 122°s Avenue Coral NOriags, Florida 33065 YABXXN 1A. CUMBER 3202 NW 122e° Avaaue Coral springs, Florida 33065 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments. personally appeared ABDUL X. CVMBER and YA841C:M A. CUMBER, who have produced Drivers' Licenses as identification and did not take an oath, but acknowledged before me the execution of the foregoing instrument f. -. :u .•ses therein expressed. this SS my ha day of d official seal in •- Coun �/ •d S ast aforesaid , 2004. NOTARY PUBLIC, State of Florida ANpRE,yy � CUgTg Name omummx exp �+aisuwrspp� i ),n j �W °wti(H32. 4 25.. My Commission • r• - • Ex 299 PEE 499 WARRANTY DEED Indenture made this C. day of October, 1988, BETWEEN L M. MEUNE, aficia SAMUEL MEUNE, and AUDREY MEUNE, his wife 41041gbISON STREET, HOLLYWOOD FL 33021 G • 0 and T. ABDUL MLCUMBER and YASMIN A. . CUMBER, his wife of 320214W. 1 EtillE, CORAL SPRINGS, FL 33065 ..‘k...„, GRANTEE*, '•:.- /'----71% 1 ',.' tv 1 T ta E 55 ET 11, ThaisaldfaloW, for and In considtradon at the am of 7E14 AND 004001 (511115)) Dollars *ad.:abet good and valuabk eassiderations tdAthl "Inter In hand geld by said grante. dereedpc whereof Is heretry acknowledged los paratd, bargained sad sold to du graham and grarices beim formr she (oUcMg donated bind Incakd itt the Canny of OKEECHOBEE. Sok &Florida. to-wk LOTS L 2, 3, 4,5, 6. 7, 8. 9.`&6 11 OF BLOCK 110, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED 1 T BOOK 2. PAGE 17, PUBLIC RECORDS OF ST. LUQE COUNTY. FLORIDA, ALSO RECORDED,N"AT BOOK 5. PAGE 5„ PUI3LIC RECORDS OF OKEECHOBEE COUNI'Y, FLORIDA. , / i ■ t '...../ SUMO* TO RESERVATIONS, PArt,noNs AND EASEMENTS OF RECORD, IF ANY. and wild grantor does ticrcby fully warrant th.0ac. ilaki land, and MU Wald the same sgabst the !mkt claims d ill persons whomsoever. ''";;----;-; 'Singular and ph are intochaageable as ,.., . , 7.4'It''' and al this day =drat ISM above %Mum. V itlet'a WITHESSWHEREOF. Grantor has hcreuido sc filatje.A.J.,x. AU ...- COUNTY OF 34- 0 U-' STATE OFFLORIDA HEREBY CERTIFY that ca ibis GI day at October. In% ber pcnonar appeared SAM1JEL M. NUM, a/kie SAMUEL MELINZ, person(e) doodled k sad who =coed the romping lastromcat and ac ash-....ga Otter duly quaElled an tag anknowlcdgto alcbt Max d AWOREY Main. hiss* to a n tom — tea antIllitheY Ittaclazd thc sane. Prepared el and Rourials: Jaw eA.WELS, JR- EsountE swots:4am 968 Okrecboke, florid: 34773 (U)73-313t File Nulabcr. 88-Z393 "efFIC UOTARY Jason L. samDTZ CY CO((. EY?. 5/.0142 FL.ORt rAMjE \-• 42 8 t 801 11 This Instrument Prepared By ANDREW M. CURTIS, ESQ. 1300 North West 17tn Avenue Suite 278 Delray Beach, Florida 33445 Telephone: (561) 265 -1220 Record and Return to the above attorney QUIT -CLAIM DEED - ��THIS QUIT -CLAIM DEED, executed this \'^:�� etween ABDUL M. CDM88R and EL MO= I A. 1111111111111111111 11111111 FILE NEJII 200S011049 OR BK 00563 PG 1425 SHARON ROBERTSON? CLERK, OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDED 05/18/2005 03:44:45 P11 RECORDING FEES 10.00 RECORDED BY H Arnold day of `+1414,'"1 2004, D /B /A CUMBER TRADING cummu Y, `, ,{yerein referred to as the "GRANTOR * ", an ABDUL M. =MEER and TANNIN A. `:.163dIBER, as Co- Trustees of the ABDVL N. CORDER LIVING TRUST, undyi Declaration of Trust, dated (ided 1 / 2 interest,, and YASJrI11r A. Cvu' as to an M. CONBER, as Co- Ti stees of the TAMURA. REVOCABLE LIVING of 11x ist, dated intact, all havin FlorJdi.33065, with the p , under Declaration as to an undivided 1 / 2 s of 3202 NW 112'' avenue, Coral Springs, r and authority to protect, conserve, and to sell,`IsaAA, encumber or othe ise manage and dispose of the real property conveyed thereinafter the "GRANTEE"' ". *(Whenever used herein the term "Grantor "Grantee. and "party' include all the parties to this instrument whether singular or plural). WITN6SSETH tbytY, the said GRANTOR, for and in consideration of the sum of Ten and 00/10`00.0.00) Dollars and other good and valuable consideration, in hand pale_ the said GRANTEE, the receipt whereof is hereby acknowledged. a0s ,hereby remise, release and quit -claim unto the said GRANTEE foreve 4.}1_the right, title, interest, claim and demand which the said GRANTO) jiak,in and to the following described lot, piece or parcel of land, Ci`tuate, lying and being in the County of 04930POUREMOC, State of FLORIDA, 444fit :: CITY OF oicasciOBKS 4'42 BLOCK 110 This is an inter- familycttnveyance; therefore minimum documentary stamps are attached. This docliiinejnt is being prepared without the benefit of title examination, as re2iukged by the Grantor. Parcel ID No.: 3- 15- 37- 351p010- 01100 -0120 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 GRANTOR, either in law or equity, to the only proper use, benefit and behoof of the said GRANTEE forever. IN WITNESS HER'.F, the GRANTOR has hereunto executed these presents the day and year ;' st above written. and delivered presence of: STATE OF FLORIDA COUNTY OF BROWARD ABDUL M. CURER 3202 NW 122°' Avenue Coral Springs. Florida 33065 YA5i A. 3202 NW 122" Avenue Coral Springs, Florida 33065 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to administer oatha and take acknowledgments, personally appeared ABDUL M. CVNBER and rim= A. CUMBER, who have produced Drivers' Licenses as identification and did not take an oath, but acknowledged before me the execution of the foregoing instrument for the purposes therein expressed. • WITNESS my hand and official seal in the County and State last aforesaid this day of , 2004. NOTARY PUBLIC, State of Florida Name: My Commission expires: tkoss,ikie Ay uL Cur.4804 P.E. ? .cJhl I u Ave' . CO c'r :Sr!trurs F. "'VI '017 BKO 415 PASS ((07 Documertary Stamps ragn in 3m■u!+I 01 S 70 Cuss C Intangible tar pair; in one a ^OU ^! CO S 'O ti i(1/0 /vl/ / 's' -9? Clerk ;t Lit uit Darn date !i? (Recording Information Above) QUIT CLAIM DEED ii.0 YT THIS QUtfAIM DEED, Executed this / day of December, 1998 by Ms. SHERON MII BILE, first party, to Abdul Cumber & Yasmin Cumber, DB /A CUMBER TRADING O}v1PANY, whose post office address is 3202NW 122 Avenue, Coral Springs, Florida i3(5 -3153, second party. (Wherever used herei rtht "first party" and "second party" shall include singular and plural, heirs, legal representatives, an signs of individuals, and the successors and assigns of the corporations, where the context so admits or requires.) WITNESSETH, That the first party, for and in consideration.of the sum of 510.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Okeechobee, state of Florida, to-wit: LOT 12, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SUBJECT to restrictions, reservations and easements of record, if any. THE ABOVE DESCRIBED REAL PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF THE GRANTOR WHOSE CURRENT POST OFFICE ADDRESS IS 7040 WEST PALMETTO PARK ROAD, SUITE 4-429, BOCA RATON, FLORIDA 33433. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereon belonging or in anywise appertaining, and all the estate, right, title, interest, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. 1 DR -506 Tax Deed File No. 97 -21 -TD R. 10/91 Property Identification No. 3- 15 -37 -35 -0010 -01100 -0120 TAX DEED t3.30 2 u `STATE OF FLORIDA COUNTY CK,471KBECHOBEE The folf6a gg Tax Sate Certificate Numbered 2500 issued on May !, 19934 • - was filed in the office of the tax collector of this County and application made- *the issuance of a tax deed, the applicant having paid or redeemed all other taxes or tax sale - certificates on the44described as required by law to be paid or redeemed, and the costs and expenses of this sale. and due notice of sale having been published as required by law, and no person entitled to do so having appeared to redeem said land; ifircand was on the 30th - - day of SEPTEMBER 19 97 . • offered for sale as reqtiliedty law for cash to the highest bidder and was sold to DER TRADING COMP whose address is 3202 idea. 22nd AVENUE, CORAL SPRINGS, FLORIDA 33065 -3153 g paid the sum of his bid as required by the Laws of Florida. day of SEPTEMBER .19 97 State of Florida, in consideration of the sum of being the highest bidder an NOW, on this in the County of OKEECHOBEE_ •'Z 1S 1,834.27 ) ONE SAND EIGHT HUNDRED THIRTY FOUR AND 27 /100--------- ---Dottars, being the amount paid pursuant tottrrejayrs of Florida does hereby sell the following lands situated in the County and State aforesaid and described as f1rold? 300332 CITY OF OKEECH LOT 12, BLOCK 1 p?) FILED FOR RE(I D OKEECHOBEE Ccfc, 97 OCT -3 NI? SHAR0P1 RODErTS.!J4- A CLERK OF CIRCUIT COURT Witness: W e- WANDA 5 D g).AARIC r - WitiCIt r1. rni..i.LPS STATE OF FLORIDA C e k of Circuit Court orC6unty Comptroller • - County. Florida. Documentary Stamps paid HMO amount of 3 (3.30 Class C intangible Tax paid In the amount ors 7113 � %an iO Q� 397 lark of CIrcuf Court date OKEECHOBEE COUNTY OF OKEECHOBEE On this 30th A NOTARY PUBLIC t.) day of SEPTEMBER ,19 97 , before me personally appeared SHARON ROBERTSON Clerk of the Circuit Court or County Comptroller in and for the State and this County known to me to be the person described In, and who executed the foregoing instrument. and acknowledged the execution of this instrument to be his own free act and deed for the use and purposes therein mentioned. Witness my hand and official seat date aforesaid. j� / i l) a 'Act ( ./) C i14 A.(e- WANDA S. CLARK 110396 4AGE1551 Rezoning- Specific Application and Checklist (rev. 12/07) A B C Current zoning classification: RS F Requested zoning classification C LT Describe the desired permitted use and intended nature of activities and development of the property? 20That. Y 6t_ C(-T) • Is a Special Exception necessary for your intended use? ) No ( ) Yes If yes, briefly describe: E Is a Variance necessary for your intended use? No (^) Yes If yes, briefly describe: Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Tri $ Generation. Attachment addressing the required .findings as described below: FINDINGS REQUIRED FOR GRANTING A REZONING 'Tv OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340 in the Land Development Regulations) a Aft_ It is the Applicants responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies 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 Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 1 of 1 1. There is already commercial property surrounding the subject property. We want to conform to the intentions of the city. 2. Many surrounding blocks are zoned commercial. 3. It would be more appealing to the public to have commercial zoning in this location verses residential due to the traffic volume and noise on 441 and also the surrounding businesses currently doing business around the proposed block. 4. Many surrounding areas are already zoned commercial. 5. It will not affect living conditions because there is not anyone living on the surrounding blocks. It will only raise property values. 6. Any commercial building that is built on subject property will help buffer the noise from 441. 7. There aren't any public facilities in the surrounding area that will be affected. 8. Any traffic congestion, drainage, and flooding will be addressed when building on the site. 9. There are no restrictions that we are aware of. City of Okeechobee Planning Department 55 SE 3rd.Ayenne; Okeechobee, FL 34974 Phone (941) 763-3373 Fax (941) X63 -1686 LAND USE POWER. OF ATTORNEY Name ofProperty Owner(s): 1119j id r1 0_,U. Yl IOW .4. • \f A,Srni n (gym . lilailing -SO u4 1i IIowi 0v- . •Ruch u-h r u_ -g 904 Home Telephone: Work Telephone: , Property Address: 18 001 Nee 1-14 .f OIutTh ghee ct 3 4°1-1 oL , Parcel Tax ID Number: -15".- 3'1 ..35- hat a - brio() - 0Crl 0 3 -1 "S"- 3-1- 35— WI 0 - b11 C j Name of Appfrcasrh > r -7 74a. r of o cot c•v\I o.. - •�Ct Home Telephone: $toy...04n- ov9 a_ Work Telep1onee 7 spy -b800 . Stv'- 1034-- 14C.P0 0- of ao The Undersigned, being the record title owner(s) of the real property dest bed above, do hereby grant unto the Applicant stated above the fon right an power of attomeyto make application to. the City of Okeechobee to change the land use of said property. This land use change may include rezoning ofthe property, the granting of special exceptions or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be placed upon the use or operation ofthe property. Misstatments upon application or in any hearing may result in the termination of arty 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 WHEREOF THE UNDERSIGNED HAVE SET TAR HANDS AND SEALS THIS DAY OF c,,at)f $on Owner Before me the Imiknigued a authoritypersnrintly appearedihe owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) ofthe zeal property described above anAtgt they execntedthapower of attorney foam, purpose stated therein. Sworn and subscribed this f day Public an Expires ,,,,,,, JAMES T. MURPHY Nbtary Pu.biic, State of Florida ?a� �. My Comm. Expires Sep. 22,2009 Comm. No. DD 474653 SEAL August 22, 2008 To Whom It May Concern: We are requesting the rezoning of Parcel number 3- 15- 37 -35- 0010 -01100 -0010, 3- 15- 37 -35- 0010 - 01100 -0120, and 3- 15- 37 -35- 0010 -01100 -0070. We are requesting the zoning be changed to commercial, C_L .. Thank you, Franny Watford NAME OWNZIP 0WNADDR1 OWNCITY OW BIG LAKE NATIONAL BANK 3497400 BROWN MICHAEL G & THERESA 3497301 BUDENSIEK JOHN MICAH JR & BUXTON PAUL M & MARILYN A 3497226 CHURCH OF GOD 3497200 CHURCH OF GOD 3497200 CUMBER ABDUL M & CUMBER Y CUMBER ABDUL M & CUMBER Y DEMETER JEANNETTE 3497226 ELLERBEE BILLY J & STACY FITT CECILE H 3497308 GREENBERGER JANIS 3497310 MADRIGAL ANSELMO & MARYAN MITCHELL RONALD & GIANINN NIX CATHERINE S TRUSTEE 3497226 NIX CATHERINE S TRUSTEE 3497226 NIX CATHERINE S TRUSTEE 3497226 NIX CATHERINE S TRUSTEE 3497226 OKEECHOBEE PRESBYTERIAN 3497229 1409 S PARROTT AVENUE PO BOX 120 9134 SE MORNING STREET 110 NE 5TH ST 301 NE 4TH AVE 301 NE 4TH AVE 2464 WILLOWBEND DRIVE 2464 WILLOWBEND DRIVE 310 NE 6TH ST 308 NE 6TH ST P 0 BOX 832 P 0 BOX 1092 1788 SW 8TH STREET 8800 NW 160TH STREET 201 NE 5TH STREET 201 NE 5TH STREET 201 NE 5TH STREET 201 NE 5TH ST CHURCH OR NOMINEE OKEECHOBEE PRESBYTERIAN C 312 N PARROTT AVE OKEECHOBEE PRESBYTERIAN C 312 N PARROTT AVE 3497200 WELTZ WILLIE RUTH 501 NE 4TH AVENUE WOLFORD WANDA SUE TRUSTEE 1888 EAST ROAD 3221645 WOLFORD WANDA SUE TRUSTEE 1888 EAST ROAD 3221645 Y & G LAND CO LLC 1615 NW FEDERAL HWY OKEECHOBEE FL OKEECHOBEE FL HOBE SOUND FL 33455 OKEECHOBEE FL OKEECHOBEE FL OKEECHOBEE FL ST AUGUSTINE FL 32092 ST AUGUSTINE FL 32092 OKEECHOBEE FL OKEECHOBEE FL 34972 OKEECHOBEE FL OKEECHOBEE FL OKEECHOBEE FL 34974 OKEECHOBEE FL 34972 OKEECHOBEE FL OKEECHOBEE FL OKEECHOBEE FL OKEECHOBEE FL OKEECHOBEE FL OKEECHOBEE OKEECHOBEE OKEECHOBEE JACKSONVILLE JACKSONVILLE STUART FL 34972 FL FL 34972 FL FL FL 34994 4 8 0 8 O 300,00' (P & M) 1 50.00' (P) 5000' (P) 50.00' (P) 50.00' (P) -0, 50.00' (P) \O Ik.C,Ll2F19 9 10 11 8z 13,OCK 1 300,00' (P & M), '(P &M) 50.00' (P) 50.00' (P) 5000' (P) 50.00' (P) 50.00' (P) -0, 50.00' (P) 7 8 9 10 11 8z 13,OCK 110 ° o O, 50.00' P) 50.00' (P) 90.00'0) 50.00' (P) 50 (P) 90.00' (P) 1 250.00' (P & M) SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS S AND IS TRUE AND CORRECT TO AS SURVEYED IN THE FIELD. I COMPLIES WITH THE MINIMUM T CHAPTER 61- 6 -17 -6 BY THE FL PURSUANT TO SECTION 472.027 ARE NO ABOVE GROUND ENCROA BYs REGISTERED LAND SURVEYOR FLORIDA REGISTRATION #4015 GEORGE M. AYLOR, JR. R.L.S. P VEY MAP IS PER RECORD DESCRIPTION BEST OF MY KNOWLEDGE AND BELIEF RTHER CERTIFY THAT THIS SURVEY NICAL STANDARDS SET FORTH IN DA BOARD OF LAND SURVEYORS 0 DA STATUTES, AND THAT THERE TS OTHER THAN SHOWN. DATE: V '- ` -e- FFE PSM R/W PC A L X 0.00 LEGEND: -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD - EXISTING WIRE FENCE - EXISTING CHAINLINK FENCE - EXISTING WOOD FENCE - CENTER LINE - FINISH FLOOR ELEVATION - PROFESSIONAL SURVEYOR AND MAPPER - RIGHT -OF -WAY -POINT OF CURVE -DELTA ANGLE -ARC LENGTH - TYPICAL ELEVATION 140.00'(!' &M 8 CRS 8 FIELD WORK COMPLETED: 08/26/08 r McINTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772)878 -7568 (voice) (772)343 -1091 (fax) CERTIF. OF AUTHORIZATION NO. LB7332 . � ' w t M� r I N.,,e.x , n ' NtYr N T a.N',04.!% g I Widel 1 *3." /i9YiY - •- s«ar saxa x LEGAL DESCRIPTION: LOTS 7 THROUGH 11, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CONTAINING 0.80 ACRES ADDRESS: 309 NE 5TH STREET OKEECHOBEE, FLORIDA FLOOD ZONE: 'X' UNMAPPED SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G. V.D. 1929. 7. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: • BOUNDARY SURVEY PREPARED ON THE ORDER OF: ELITE TITLE, INC. SCALE: 1' =60' DRAWN BY: TMW FILE NO.: 4249B i • 0' 8 88 2 14000' (P & M) • 90.00' 300,00 (P & M) 90.00'M 113Lod 1 #9Y4 50.00' (P) I 50.00' C P) '000.02) l 2 1 i30000' (P & M) 300.0(P &M) 1 I I 1 INo-r 1 � �c�un� 90.00'M 50.00' C P) 140,00' (P & M) 1 1 1 1 1 1 1 300.00' (P & M) SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIEL 1, I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIM: TECHNICAL STANDARDS SET FORTH IN CHAPTER 61— G -17 -6 BY T FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 47'x."7 LORIDA STATUTES, AND THAT THERE ARE NO ABOVE GROUND E NI' HMENTS OTHER THAN SHOWN. BY REGISTERED LAND SURV iR FLORIDA REGISTRATION #4015 GEORGE M. AYLOR, JR. R.L.S. t DATE: S - L ! - isrij • • -me- FFE PSM R/W PC 0 L X 0.00 LEGEND: — FOUND CONCRETE MONUMENT — FOUND 5/8' DIA. IRON ROD — EXISTING WIRE FENCE — EXISTING CHAINLINK FENCE — EXISTING WOOD FENCE — CENTER LINE — FINISH FLOOR ELEVATION — PROFESSIONAL SURVEYOR AND MAPPER — RIGHT —DF —WAY —POINT OF CURVE — DELTA ANGLE —ARC LENGTH — TYPICAL ELEVATION 8 140,00 (P & M) 8 r FIELD WORK COMPLETED: 08/26/08 McINTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772)878 -7568 (voice) (772)343 -1091 (fax) CERTIF. OF AUTHORIZATION NO. LB7332 I PRAPChitTi LOCATION MAP ..,4.7, t I 4q� I. $BUR'— .* .. N.2 ko.R ( L H..4.'k y . Nri3: 1tl.9: aT 5..sea 0* 0$ R o 92046 Ny2swt. 4x30* 1 1 !3` asp' '4 u'i tC a s.ldQ ,,,st i i6z 070e0NiiTEQ LEGAL DESCRIPTION: LOTS 1 THROUGH 6, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CONTAINING 0.96 ACRES ADDRESS: XXX NE 5TH STREET OKEECHOBEE, FLORIDA FLOOD ZONE: 'X' UNMAPPED SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS —OF —WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G.V.D. 1929. 7. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: BOUNDARY SURVEY PREPARED ON THE ORDER OF: ELITE TITLE, INC. SCALE: 1' =60' t DRAWN BY: TMW FILE NO.: 4249 I ea 8 0 88 8 0 300.00 (P & M) / 5000' (F) 50.00' (P) 50.00' (F) NOT I 'LOCK 50.00' Cr) JCLUbeb 50.00' (P) 110 50.00' (P) . h0 aP a 12 7 a,i06046r1, �c S, QO h 0 I■O1r 11\CL un� 2 . . .C�' (P & M) Zo'.t -� ( �' 50.00' (P & M) o 0 50.00' (P) 50.00' P) 5000' (F) 50.00' (P) 50.00' (F) NOT I 'LOCK 50.00' Cr) JCLUbeb 50.00' (P) 110 50.00' (P) 50.00' C P) o 50.00' (P) h0 aP a 12 7 a,i06046r1, �c S, QO h 0 500.00 (Pa M) 4' SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO T BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I RTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM T IC •L STANDARDS SET FORTH IN CHAPTER 61- G -17 -6 BY THE F •'i'A BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.02 iR DA STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENCRO EFTS OTHER THAN SHOWN. �j BY: DATE: 8- { REGISTERED LAND SURVEYOR FLORIDA REGISTRATION #4015 GEORGE M. AYLOR, JR. R.L.S. • -e- Q FFE PSM R/W PC 0 L X 0.00 LEGEND: -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD - EXISTING WIRE FENCE - EXISTING CHAINLINK FENCE - EXISTING WOOD FENCE - CENTER LINE - FINISH FLOOR ELEVATION - PROFESSIONAL SURVEYOR AND MAPPER - RIGHT -OF -WAY -POINT OF CURVE -DELTA ANGLE -ARC LENGTH - TYPICAL ELEVATION 14000' C P & M) i 8 FIELD WORK COMPLETED: 08/26/08 McINTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772)878 -7568 (voice) (772)343 -1091 (fax) CERTIF. OF AUTHORIZATION NO. LB7332 LOCATION MAP o 114.1141M > 1 i %.4q.2 �5.: ....4 Na _. 1 Z ....m Vc 50. 9 < H: ? i M.M 94 f Nr9: ¢t1 s .W41 51. V: Y041 ¢ 11 6w?d x 9 4r Xd 03696 R,jlus( aR fgf Y.',dot sc.ml 11 O.NOONNVIEQ LEGAL DESCRIPTION: LOTS 12, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CONTAINING 0.16 ACRES ADDRESS: XXX NE 4TH STREET OKEECHOBEE, FLORIDA FLOOD ZONE: 'X' UNMAPPED SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G.V.D. 1929. 7. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: BOUNDARY SURVEY PREPARED ON THE ORDER OF: ELITE TITLE, INC. SCALE: 1' =60' DRAWN BY: TMW FILE NO.: 4249A A • • • • • • • • 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 LaRue Planning & Management Services, Inc. Staif Report - Rezoning Request Prepared for • The City of Okeechobee Applicant: Elbert Batton & Franny Watford Petition No. 08 -006 -R Staff Report Rezoning Request Applicant: Elbert Batton & Franny Watford Petition No.: 08 -006 -R General Information Applicant Address: Contact Person: 311 NE 2nd St Okeechobee, FL 349 Elbert Batton Zoning District RSF1 Acreage 1.928 acres Location: 309 NE 4th Street Legal Description: LOTS 1 THROUGH 12, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CLT 1.928 acres Description of the Request The matter before the Local Planning Agency and City Council is an application for an amendment to rezone the property from RSF1 to CLT. This is a companion appli- cation to the prior Small Scale Amendment (SSA) to the Future Land Use Map. Adjacent Future Land Use Map Classifications and Zoning Districts East: ,La 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 RSF1 Vacant Commercial RSF1 Vacant Commercial CHV Mortuary Staff Report Rezoning Request Applicant: Elbert Batton & Franny Watford Petition No.: 08 -006 -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. By rezoning to CLT, the zoning of the subject property will be consistent with the Future Land Use designation of Commercial requested under the Small Plan Amendment. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The Applicant has given no indication as to the specific use to be developed on the property; but any future development will be limited to those contained in the list of permitted or special exception uses. 3. The proposed use will not have an adverse effect on the public interest. Uses allowed in the CLT district are expected to have no adverse effect on the public interest. 2 Staff Report Applicant: Elbert Batton & Franny Watford Rezoning Request Petition No.: 08 -006 -R 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. The requested CLT zoning appears to be consistent with the general pattern of commercial expansion evident in the area east of US 441. Considering the pattern of prior approvals involving other lands similarly situated, it is Staff's understanding that the City ultimately envisions a pattern of commercial development within two blocks of US 441 in this general area. The proposed zoning and use are appropriate for this location, are reasonably compatible with adjacent uses. The property to the south is designated Commercial on the FLUM although it is zoned RSF1. The three properties to the immediate north are designated Multi- family and zoned RMF; two are developed with multi - family uses and the third is vacant. The land to the east is vacant, but designated and zoned for single family uses. Light commercial uses are generally considered compatible with nearby and residential uses although buffering may be needed. Special exception uses, by their very characterization, might not be appropriate or would likely be required to provide buffering for nearby residential uses. CLT zoning would not be 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. CLT zoning at this location is not expected to adversely affect property values or living conditions. As commercial zoning moves away from the major commercial corridors and closer to residential areas, lower intensity commercial such as CLT are commonly applied. 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. Staff believes nearby properties can be adequately buffered from any nuisance factors that may be associated with the uses allowed in the CLT district. Buffering will be considered by the Technical Review Committee (TRC) during the site plan review phase of this project. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue for the subject property. The impact on utility services such as water and sewer were not shown by the applicant, but staff analyzed the proposed impacts during the Small -Scale Amendment phase. This analysis was general but suggested that proposed impacts were not likely to have an adverse effect the City's ability to maintain its adopted levels of service. 3 Staff Report Applicant: Elbert Batton & Franny Watford Rezoning Request Petition No.: 08 -006 -R However, with no indication as to the actual types of uses expected on the property it is difficult to gauge traffic impacts and determine whether or not a traffic study required as set forth under Item E on the Rezoning - Specific Application and Checklist. In lieu of this information, the Staff must rely on its general analysis prepared for the review of the Small Scale Amendment. This information is provided below: Peak hour traffic with 40,000 square feet of office space @ 1.49 trips /1,000 square feet of space = 54 trips. Peak hour traffic with 40,000 square feet of general commercial space @ an average of 3 trips per 1,000 square feet of space = 120 trips. Peak hour traffic with 40,000 square feet of medical office @ 3.72 trips per 1,000 square feet of space = 149 trips. If the property were to be used as one would usually expect, i.e., two or fewer stories devoted to one or another form of retail, small restaurant, or service use on the ground floor with offices above, we would not expect traffic generation to require a traffic study. However, some uses such as high - tumover restaurants and medical offices generate significant levels of traffic, and would likely generate traffic in excess of 100 peak hour trips and therefore trigger the need for a traffic analysis. Certainly, a traffic study may be required at the site plan review stage 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Given sound drainage and stormwater management one would not expect flooding or drainage problems. These issues will be specifically addressed by the TRC dur- ing its review of the project's site plan. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions on the property are those which are the standards prescribed by the Land Development Code and the Comprehensive Plan. 4 Staff Report Rezoning Request Applicant: Elbert Batton & Franny Watford Petition No.: 08 -006 -R Recommendation: Based on the foregoing analysis, Staff recommends approval of the request to rezone the property from RSF1 to CLT. Submitted by. Submitted by: James G. LaRue, AIC October 15, 2008 Planning Board hearing: October 23, 2008 Council Hearing: November 4, 2008 Attachments: Future Land Use Map Zoning Map County Property Appraiser's Aerial 5 Staff Report Applicant: Elbert Batton & Franny Watford Rezoning Request Petition No.: 08 -006 -R FUTURE LAND USE BATTON - WATFORD SITE AND ENVIRONS SINGLE - FAMILY 200 0 200 400 Feet MULTI - FAMILY COMMERCIAL (A) 6 Staff Report Applicant: Elbert Batton & Franny Watford Petition No.: 08 -006 -R Rezoning Request ZONING BATTON - WATFORD SITE AND ENVIRONS ZONING CHV RMF RSF1 200 0 200 400 Feet Staff Report Rezoning Request Applicant: Elbert Batton & Franny Watford Petition No.: 08 -006 -R Okeechobee County Property Appraiser's Aerial ) U FI R SUBJECT 8 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763-3372, ext. 218 r ee eeec 1 Date: 8/29/08 Petition No. 08 -007 -R Fee Paid: 500.00 Jurisdiction: PB /CC 1st Hearing: 10/16/08 Publication Dates:" 2nd Hearing: 11/4 & 11/18/08 Notices Mailed: 2 3 4 4a 5 � x a E R��11e� 5�C11! �xcept�arr art.E APPLICANT 1NFORINAT Name of property owner(s): Roland & Michele Mossel Owner mailing address: 13632 NW 9th Street, Okeechobee, FL 34972 Name of applicant(s) if other than owner: Applicant mailing address: e -mail address: Name of contact person (state relationship): Roland Mossel Contact person daytime phone(s): 863 - 634 -7722 ° PIOPEI Property address /directions to property: 1NFOF Tit 116 NW 9th Street — Lots 19 & 20, Block 37 8 9 10 Describe current use of property: SF home Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. None 11 12 13 14 Approx. acreage: 0.321 Acres Is property in a platted subdivision? yes Is there a use on the property that is /was in violation of a city or county ordinance? If so, describe: Residential is not a permitted use in the IND zoning district 15 16 Is a pending sale of the property subject to this application being granted? No Describe uses on adjoining property to the North: North: RMF East: IND South: IND West: SF Existing zoning: IND Future Land Use classification SF Request is for: (X) Rezone (_) Special Exception ( ) Variance Parcel Identification Number: 3- 15- 37 -35- 0010. 00370.0190 17 AtTACHMENTS. Applicant's statement of interest in property: Owner Revised 7/08 Page 1 of 10 18 Non - refundable application fee: Rezoning $500; Special Exception: $250; Variance: $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 is hired to advise the city on the application, the applicant shall pay the actual costs. 19 Last recorded warranty deed: 20 Notarized letter of consent form property owner (if applicant is different from property owner) N/A 21 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. Computation of total acreage to nearest tenth of an acre 22 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 of the list (attached) 23 Current zoning classification: IND Requested zoning classification: SF 24 What is the desired permitted use and intended nature of activities and development of the property? Single Family Residency 25 Is a Special Exception necessary for your intended use? No 26 Is a Variance necessary for your intended use? No 27 Applicant's materials addressing required findings for granting a rezoning (attach). See Attached 28 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 summary denial of this application. Signature Printed Name Date Rbc,,9No frbss,ZL 9- ,S- off Revised 7/08 Page 2 of 10 FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, page CD70:16 in the LDRs) It is the Applicant's responsibility to convince the Planning Board /BOA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application 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. No 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, Sec. 90.102 (1) Single Family Dwelling 3. The proposed use will not have an adverse effect on the public interest. The public interest will not be adversely effected. 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. The property to the North is MF, the property to the west is a single family home. 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. No 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. N/A 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No 9. The proposed use has not been inordinately burdened by unnecessary restrictions, No The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. Revised 7/08 Page 4 of 10 THIS INSTRUMENT PREPARED BY AND RETURN TO: Shannon Mulholland Elite Title, Inc. 1120 So h Parrott Avenue Okee �, Florida 34974 • Prope .'1 ers Parcel Identification (Folio) Numbers: 3- 15- 37 -35- 0010 - 00370 -0190 11111111111111111111111111111111111 FILE NUM 2005018251 OR BK 00574 PG 0146 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 08/22/2005 10:2822 AM RECORDING FEES 10.00 DEED DOC 840.00 RECORDED BY G Meubourn THIS W ..,.,'. ry whose post offi Mosel and Miche 34972, hereinafter (Wherever used herein and assigns of individua Space Above This Line For Recording Data DEED, made the 19th day of August, 2005 by Scott E. Deese and Glenda A. Deese, his wife, ss is 116 NW 9th Street, Okeechobee, Florida 34972 herein called the grantors, to Roland S. Mosel, his wife, whose post office address is 13450 NW 160th Street, Okeechobee, Florida the Grantees: grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives successors and assigns of corporations) W I T N E S S E T H: grantors, for and in consideration of the sum of TEN AND 00 /100'S (510.00) Dollars and other valuable consideratio receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirm o the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: LOTS 19 AND 20, BLOCK RECORDED IN PLAT B FLORIDA. WN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, Subject to easements, restrictions a iv rvations of record and taxes for the year 2004 and thereafter. TOGETHER, with all the tenements, hereditam`til1rd. .d appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simp - er. AND, the grantors hereby covenant with said grantee grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to se 1 and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the p + & of: i I I Witness #1 Signature Shannon Muthoffand ess #1 Printed Name Witness #2 Signature liL DAWN MORGAN Witness #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE 232012 — 'o . Deese tJIPitCA a a40.t Glenda A. Deese The foregoing instrument was acknowledged before me this 19th day of AugusQ005 by Scott E. Deese and Glenda A. Deese who are personally known to me or have produced FL.. V L as identification. SEAL My Commission Expires: File No: 05 -2721 SHANNON MUUNCUAND Notary public, Stated Florida My Comm. Expires June 24. Comm. No. DD 332394 Notary Public Printed Notary Name 3-1S-37-35-0010-00300-0170 MULLINS JOE G 0.344AC 1 10/1 /1992 - $160,000 -WO Okeechobee County Property iser W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863 -76 422 PARCEL: 3- 15- 37 -35- 0010 - 00300 -0170 - MULTi-FAM (000800) CITY OF OKEECHOBEE LOTS 17 & 18 BLOCK 30 Name:MULLINS JOE G Site: 1004 NW 3RD AVE, OKEECHOBEE Mail: 2170 SW 21ST ST OKEECHOBEE, FL 349740000 Sales 5/31/1996 $0.00 I/ U Info 10/1/1992 $160,000.00V / Q 7/1/1985 $6,000.00V / U 74 148 222 ft LandVai $36,000.00 BldgVal $133,053.00 ApprVal $169,053.00 JustVal $169,053.00 Assd $169,053.00 Exmpt $0.00 Taxable $169,053.00 This information, Last Updated: 8/18/2008, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or its interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. Retrieve Tax Record ) 1 A 01, ) /,-- 1-- Okeechobee County Property Appraiser Last Updated: 8/18/2008 Parcel ID: 3- 15- 37 -35- 0010 - 00370 -0190 Owner & Property Info C'" /7 tom-€ Owner's Name MOSSEL ROLAND S & MICHELE L Site Address 116 NW 9TH ST, OKEECHOBEE Mailing Address 13632 NW 160TH ST OKEECHOBEE, FL 349720000 Brief Legal CITY OF OKEECHOBEE LOTS 19 & 20 BLOCK 37 Total Land Area 0.321 ACRES Neighborhood 618611.00 Tax District 50 UD Codes 413/264 Market Area 40 DOR Use Code SINGLE FAM (000100) 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. Property & Assessment Values Mkt Land Value cnt: (1) $33,950.00 Ag Land Value cnt: (0) woo Building Value cnt: (1) $50,178.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $84,128.00 Sales History 2007 Certified Values Property Card GIS Aerial Interactive GIS Map «Prev Print Search Result: 9 of 9 2007 Certified Values Just Value $84,128.00 Class Value $o.00 Assessed Value $84,128.00 Exempt Value $0.00 Total Taxable Value $84,128.00 Sale Date Book/Page Inst. Type _ Sale Vimp Sale Qual Sale RCode Sale Price 8/19/2005 574/146 WD I Q 1961 $120,000.00 10/21/1998 413/264 QC I U 03 $15,000.00 8/1/1985 274/1539 0 I Q $25,000.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value Show Sketch 1 SINGLE FAM (000100) 1962 1686 1961 $50,178.00 Extra Features & Out Buildings - ( Show Codes ) Code I Desc I Year Blt I Value I Units I Dims I Condition (% Good) NONE Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 061ID2 RR VICINIT (MKT) 100.000 FF - (.321AC) 1.00/1.00/1.00/1.00 $339.50 $33,950.00 Okeechobee County Property Appraiser « Prev Search Result: 9 of 9 Last Updated: 8/18/2008 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I FAQ I Contact Us This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. NAME OWNADDR1 OWNCITY OW OWNZIP 303 REALTY LLC ADAMS THEODORE J & GWENDLYN A CHURCH OF GOD OF PROPHECY CHURCH OF GOD OF PROPHECY CHURCH OF GOD OF PROPHECY GLASSBURN LAMOINE & CAROL KORDALIS DON & CAVANER MARJORI MOSSEL ROLAND S & MICHELE L MULLINS JOE G MULLINS JOE G MULLINS JOE G OKEECHOBEE COMMONS, LTD. RIVERA JOSEPH A & REBECA RUIZ CELERINO N & LILIA SALRY RR 332020000 SALRY RR 332020000 SHORTER THOMAS A & KATHYRN L UNITED FEED CO -OP INC WALPOLE EDWIN E III TRUSTEE WALPOLE EDWIN E III TRUSTEE WALPOLE KEITH ALAN 21 records selected. 3550 HIGHWAY 441 S 4280 NORTHWEST 10TH TERRACE 102 NW 10TH ST 102 NW 10TH STREET 102 NW 10TH ST 8469 NW 189TH AVE PO BOX 1102 13632 NW 160TH ST 2170 SW 21ST ST 2170 SW 21ST ST 2170 SW 21ST ST OKEECHOBEE FT LAUDERDALE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE FL 34974 FL 333090000 FL 349722135 FL 349722135 FL 349720000 FL 349722130 FL 349731102 FL 349720000 FL 349740000 FL 349740000 FL 349740000 C/0 WINTERWOOD, INC 342 WALLER AVE STE 1 LEXINGTON KY 40504 3685 NW 5TH STREET 103 NW 10TH STREET OKEECHOBEE OKEECHOBEE FL 349720000 FL 349720000 ASSESSED BY DOR 500 WATER STREET J910 JACKSONVILLE ASSESSED BY DOR 500 WATER STREET J910 JACKSONVILLE 436 SE 16TH AVENUE BOX 485 BOX 1177 BOX 1177 269 NW 9TH ST OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE FL 349720000 FL 349730485 FL 349731177 FL 349731177 FL 349720000 i BOUNDARY SURVEY PREPARED FOR ROLAND & MICHELE MOSSEL PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND M£ASURED(M). 2) SITE ADDRESS 116 N.W. 9771 STREET. 3) PARCEL ID: 3- 15- 37 -35- 0010 - 00370 -0190. 4) F.I.R.M. ZONE: ZONE UNDETERMINED, PARCEL L /ES W1771/N THE OKEECHOBEE CITY UM /TS 5) THIS SURVEY IS NOT INTENDED TO DEP /CT JUR /SD /C770NAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) 771E SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDI77ONS OR DELE77ONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PAR77ES /S PROH /B /TED WITHOUT WRITTEN CONSENT OF 7HE SIGNING PARTY OR PARTIES 7) DA 1E OF LAST FIELD SURVEY 03/15/06. DESCR /P77ON: LOTS 19 & 20, BLOCK 37, CITY OF OKEECHOBEE ACCORDING TO 7HE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. RBOG2711 tuliadandeLlauleutufir SCAMS DI i4t MAP Cr'at F. 1 INCH — 30 FEET 21.2. 15 I 14 _ 13 12 18 pl • N 8058'25 W IOQOB(N) ,a100(P) (BEARING BASE) 20' PLATTED ALLEY S 895826' E100.07'(C, 100.00 e 1 II 9 TOTAL PARCEL CONTA /NS ±0.32 ACRES -- 1 grow ff )A9 SNXI AI 12.1' 10.9' 'Jr E 8. " i N3B ; 5� me efarTer 1 21 100.07'(c) 100.00 (P) =-- — All,Mel MILL N.W. 9771 STREET r •mo. STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here Is prepared exclusively for those parties noted. No responsibility or liability Is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There a e no visible above ground encroachments except as shown. No attempt was mode to locate underground Improvements and /or encroachments (if any) as port of this survey. This survey was prepared In accordance with minimum technical standards established by the Florida Board of Surveyors and Mappe s (Chapter 61017 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: ROLAND S. MOSSEL MICHELE L MOSSEL DESCRIPTION DWG. DATE BY CK BOUNDARY SURVEY 03/27/06 WC KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENTS REPRESENTATIVE FB/PG: 178/30 -31 SCALE: 1' = 30' BEARING REFERENCE: THE S. LINE OF BLOCK 37 IS TAKEN TO BEAR N B9'58'25' W FILE: 20208 JOB NO: 20208 TRADEWINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND MAPPERS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (863) 763 -2887 i_e..„4,-/-4 a (R---ar-u-,e Kenneth A. Breaux, Jr. (PSM 4820) Certih'cete of Authorization No. 18 0719 LEGEND 0—Set Iron Rod and Cop TWPS 6719 ■ —Found CM D —Found Iron Rod (and Cop) O —Found Pipe (and Cop) ABBREVIATIONS Q— Boseline: B1A— Benchmark: Cent,Aine; C— Colculoted. CATV —cable N CM= Concrete Monument; CONC =Concrete-. 0 =Dead. A =OMto or Centro, Angle: E -Eael: ELY- Easterly, E/P =Edge of Pavement: ESMT =Easement; F.I.R.M. =Flood Insurance Rote Mop: FND= Found; IP=Iron Pipe: IR&(C) =Iran Rod (and ID Cop); L =(Arc) Length; M =Measured; MN =Monho,e; N =North: NLY =Northerly. NGV(D)— Notional Geodetic Vertical (Datum) of 1929; NTS =Not to Scale; OHW- Overhand Wres; R Properly line. P =Plat; PC =Pont of Curvature; PCC =Point of Compound Curvature; PCP = Permanent Control Point: P0B=Point of Beginning. POC =Po,nt of Commencement. PRC -Point of Reverse Curvature; PRM =Permanent Reference Monument; PT —Point of Tangency. PU&D= Public Utl90yond Drainage;, R— Rodlus-. R/W =Right —ol —Way. S=Soulh: SLY= Soulhedy, T =Tongent; TEL =Telephone Splice or Seilrlh Bo; W -West: WLV= westerly UnL= uarily(ies): =spa Ele.vlion based on indicated Datum. BOUNDARY SURVEY PREPARED FOR ROLAND & MICHELE MOSSEL PROJECT SPECIFIC NOTES: l) UNLESS SHOW OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND M£ASURED(M). 2) SITE ADDRESS 116 N.W. 9771 STREET. 3) PARCEL ID: 3- 15- 37 -35- 0010 - 00370 -0190. 4) F.I.R.M. ZONE: ZONE UNDETERMINED, PARCEL LIES WITHIN 77/E OKEECHOBEE CITY LIMITS. 5) 771/5 SURVEY IS NOT /N7ENDED TO DEP /CT JLAR /SD /C77ONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) 77/E SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADO /770NS OR DELE77ONS TO SURVEY MAPS OR REPORTS BY 071-/ER THAN 7HE SIGNING PARTY OR PARTIES /S PROH /B /TED WITHOUT WRl / itN CONSENT OF 77/E SIGNING PARTY OR PARTIES 7) DA7E OF LAST FIELD SURVEY : 03/15/06. DESCRIP77ON.' LOTS 19 & 20, BLOCK 37, C /TY OF OKEECHOBEE ACCORDING TO 7HE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE .5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Th 4 le b semE el FEET MAP SCALE: 1 INCH - 30 FEET p�p 11(..ie ace.o an 15 I 14 I 13 I 12 20' PM 17E0 ALLEY S 893826' E 100.07' C 10a00' P N 8958'25" W moral) wallop) (REARM BASE) 18 •1 9 NNW esle . / TOTAL PARCEL CONTAINS ? .1-0.32 ACRES ¢ 19 •7.1" • H925 Marit-11, Alma MB' W A h Pact CM,. art •111.rt 21 700.07'(C) lOa 00 (P) —�_ Same,- } • - - wr NW 97H STREET AJWIT STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper /4820. There are no visible obove ground encroachments except as shown. No attempt was mode to locate underground improvements and /or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards estoblished by the Florida Board of Surveyors and Mappers (Chapter 61G17 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: ROLAND S MOSSEL MICHELE L MOSSEL DESCRIPTION DWG. DATE BY CK BOUNDARY SURVEY 03/27/06 WC KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB /PG: 176/30 -31 SCALE: 1' = 30' BEARING REFERENCE: THE S. UNE OF BLOCK 37 IS TAKEN TO BEAR N 89'58'25' W FILE: 20208 JOB NO: 20208 1 TRADEWINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND MAPPERS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (863) 763 -2887 L.-C/O/X-C-7% 2 Kenneth A. Breaux, Jr. (PSM 4820) certulo.t. of Author-motion N. LB 6719 LEGEND 0–Set iron Rod and Cap -MPS 6719 II–Found CM 9 –Found Iron Rod (and Cop) 87 –Found Pipe (and Cop) ABBREVIATIONS 11 Bosellne, BM- Benchmark rL- Cenlerlins; C- Calculated; CATV =Coble TV; Cu= Concrete Monument; CONC- Concrete; D -Deed: i2-Delta or Central Angle; E -East; ELY - Easterly, E/P -Edge of Pavement; ESMT- Easement; F.I.R.4.=Flood Insurance Rate Mop; FND =Found; IP-4on Ppe IR &(C) =Iron Rod (and ID Cop); L =(Arc) Length; 14- Measured; MH= Manhole: N =North; NLY- Northerly, NGV(D)- Notional Geodetic Vertical (Datum) of 1929; NTS -Not to Scale: OHW- Overhead Wires; R- Property Line: P -Plot: PC =Point of Corvoture: PCC=POint of Compound Curvolure: PCP= Permanent Control Pont: POB -Point of Beginning: POC -Punt of Commencement: PRC -Pohl of Reverse Curvoture-, PRM- Permonent Reference Monument; PT -Pohl of.longency, PU &D= Public Utgltiy and Drainage; 11- Radius: R/W- Right- of -WOy. 5=SOnth; 51Y= Southerly. T =Tongent; TEL =Telephone Splice or Switch Bor. w=West; WLY =Westerly• UTIL= Utihly(.es); o =spot Elevation based an inmcoted Datum. BOUNDARY SURVEY PREPARED FOR ROLAND & MICHELE MOSSEL PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND MEASURED(M). 2) S /7E ADDRESS: 116 N. W 91H STREET. 3) PARCEL ID: 3- 15- 37 -35- 0010 - 00370 -0190. 4) F.I. R. M. ZONE: ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS. 5) TH /S SURVEY IS NOT INTENDED TO DEPICT JURISD ICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD/71ONS OR DELETIONS TO SURVEY MAPS OR REPOR TS BY OTHER THAN THE SIGNING PARTY OR PAR T/ES IS PROHIBITED W/THOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PART/ES. 7) DATE OF LAST FIELD SURVEY 03/15/06. DESCRIPTION: LOTS 19 & 20, BLOCK 37, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. 0 15 30 11,1111111t.11It.I1,l„1I II,,,tr1111 „YI I SCALE IN FEET MAP SCALE: 1 INCH = 30 FEET St GOPHER OF BLOCK 37 y FODN0 5/6' IRON R00 Q CAP 'HOOVER 1216' 15 N 895825” W 100.08 (M) 100.00'60) (BEARING BASE) 14 13 20' PLAT7ED ALLEY S 8958'26" E FROND 5/6' RON ROO R CAP 71001fR 1216' 0.2•E. *050.. 21.2' 21 3' 100.07 (C) 100.00 (P) av } N• TOTAL PARCEL CONTA /NS ±0.32 ACRES 79 SEPTIC TANK 0 N 12 AD00 POAER POLE FOUND 5/6' IRON ROD (NO ID) 02' W, & D6• S 20 19.9 14.1 snwr RE90ENCE 47.1' 250' N N 12.0' SCREEN N NOON/ N 10.9' SET 5/6' IRON R06 & ..ck..........V.......... CAP WAR LS 1620 FLOE HYDRANT 0 EDGY OF ASPHALT MO TER METER IN 895 825" CENTER- OF-SWALE CONCRETE �4 0 19.9' —� 208' FOUND BENT 5/6' .wav Roo (a m.) a a.) 100.07M 100.00(P) ✓P TELEPHONE) PEDESTAL — cut 1ER L 0 CO et') FENCE CORNER 06'1. *02'E 21 0(001 CORNER as W0.s's Oh ASPHALT WALK EDGY CK ASPHAL 7 505E CF ASPHAL N.W. 9TH STREET (ASPHALT ROAD) 70' R/W EDGE OF ASPHALT STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are encroachments except as shown. No attempt was made to locate underground improvements and /or encroachments (if any) as survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers pursuant to Section 472.027, Florida Statutes. performed by the surveyor. for use by others not no visible above ground part of this survey. This (Chapter 61G17 -6, F.A.C.) PREPARED FOR THE EXCLUSIVE USE OF: ROLAND S. MOSSEL MICHELE L. MOSSEL DESCRIPTION DWG. DATE BY CK BOUNDARY SURVEY 03/27/06 WC KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB /PG: 178/30 -31 SCALE: 1" = 30' BEARING REFERENCE: THE S. LINE OF BLOCK 37 IS TAKEN TO BEAR N 89'58'25" W FILE: 20208 JOB NO: 20208 TRADEWINDS PROFESSIONAL SERVICES, SURVEYORS AND MAPPERS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (863) 763 -2887 L--(/1/1#1.-G7% INC. Kenneth A. Breaux, Jr. (PSM 4820) Certificate of Authorization No. LB 6719 LEGEND 0—Set Iron Rod and Cap TWPS 6719 •—Found CM • —Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS ti= Baseline; BM—Benchmark; C,= Centerline; C= Calculated; CATV =Cable TV; CM= Concrete Monument; CONC= Concrete; D =Deed; t, =Delto or Central Angle; E =East; E'LY= Easterly; E/P =Edge of Pavement; ESMT= Easement; F.I.R.M. =Flood Insurance Rote Mop; FND= Found; IP =Iron Pipe; IR &(C) =Iron Rod (and ID Cap); L =(Arc) Length; M= Measured; MH= Manhole; N= North; N'LY= Northerly, NGV(D) = National Geodetic Vertical (Datum) of 1929; NTS =Not to Scale; OHW= Overhead Wires; F'L= Property Line; P =Plat; PC =Point of Curvature; PCC =Point of Compound Curvature; PCP= Permanent Control Point; POB =Point of Beginning; POC =Point of Commencement; PRC =Point of Reverse Curvature; PRM= Permanent Reference Monument; PT =Point of Tangency. PU &D= Public Utilitiy and Drainage; R= Radius; R /W= Right —of —Way, S= South; S'LY= Southerly; T=Tongent; TEL= Telephone Splice or Switch Box; W= West; W'LY= Westerly; UTIL = Utility(ies); =Spot Elevation based on indicated Datum. LO CATION MAP SHOWING SURRONDING PARCEL OWNERS RooQii-c4 o so Soo SCALE IN FEET MAP SCALE: 1 INCH a 100 FEET 22 NOTE: NAMES OF PARCEL OWNERS SHOWN HEREON WERE TAKEN FORM 77-/E OKEECHOBEE PROPERTY APPRAISER'S WEB SITE. P9 23 24 25 26 315373500100029000100 OKEECHOBEE COMMONS, LTD. 5 22 23 24 1 w z Q/'�� LL co 25 26 3 z 17 n o. v) oz f') J o J 118 M W r`r m.� in r)' 19 \J U 20 21 22 315373500100030000190 CHURCH OF GOD OF PROPHECY fU W 31537350010003000230 CHURCH OF GOD OF PROPHECY I V V I 31537350010003000250 CHURCH OF 000 OF PROPHECY ITV V ' N. W. 10 TH STREET V ' 31537350010003700150 DON KORDALIS L CAVANER MARJORI rF� V I m o in 0 m J 14 0. n r'w ro in m 13 31537350010003700110 JOE G. MULLINS 1-� 31537350010003700090 JOSEPH A. L REBECA RIVERA 1 W CO 31537350010003700070 CELERINO N L LILIA RUIZ THOMAS A. & KATHYRN L. SHORTER 537350010003700170 ZE L GVENDLYN ADAMS FMS ., W 37350010003700190 J 1 MICHELE MOSSEL 111014‘ 31537350010003700210 LAMOINE L CAROL GLASSBURN 1nVIl I V 23 24 25 26 31537 350010003700210 THOMAS A. & KATHYRN L. SHORTER N, W. 9 TH STREET 4 3 2 1 31537350010004700010 . EDWIN E WALPOLE 111. TRUSTEE . 31537350010004800170 SALRY RR 15 14 13 12 11 10 9 8 7 31537350010004800070 EDWIN E WALPOLE 111 TRUSTEE 48 31537350010004800170 SALRY RR STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and /or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: ROLAND S. MOSSEL MICHELE L. MOSSEL DESCRIPTION DWG. DATE BY CK LOCATION MAP 03/27/06 WC KAB DESCRIPTION REFERENCE: N/A FB /PG: N/A SCALE: 1" = 100' `BEARING REFERENCE: N/A FILE: 20208 —ADJ JOB NO: 20208 TRADEWIN DS PROFESSIONAL SERVICES, SURVEYORS AND MAPPERS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (863) 763 -2887 ,--Gr/h..e.,,t4 Kenneth A. Breaux, Jr. (PSM 4820) INC." Certificate of Authorization No. LB 6719/ LEGEND 0 —Set Iron Rod and Cap TWPS 6719 0—Found CM • 0—Found Iron Rod (and Cap) O —Found Pipe (and Cop) ABBREVIATIONS Q= Baseline; BM= Benchmark; c2—Centerline; C= Calculated; CATV =Cable TV; CM= Concrete Monument; CONC= Concrete; D =Deed; O =Delta or Central Angle; E =East; ELY= Easterly, E/P =Edge of Pavement; ESMT= Easement; F.I.R.M. =Flood Insurance Rate Map; FND= Found; IP =Iron Pipe; IR &(C) =Iron Rod (and ID Cap); L =(Arc) Length; M= Measured; MH= Manhole; N= North; N'LY= Northerly, NGV(D) = National Geodetic Vertical (Datum) of 1929; NTS =Not to Scale; OHW= Overhead Wires; ft= Property Line; P =Plat; PC =Point of Curvature; PCC =Point of Compound Curvature; PCP= Permanent Control Point; POB =Point of Beginning; POC =Point of Commencement; PRC =Point of Reverse Curvature; PRM= Permanent Reference Monument; PT =Point of Tangency, PU &D= Public Utilitly and Drainage; R= Radius; R /W= Right —of —Way, S= South; S LY= Southerly, T= Tangent; TEL = Telephone Splice or Switch Box; W =West; W'LY= Westerly, UTIL= Utility(ies); =Spot Elevation based on indicated Datum. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 LaRue Planning & Management Services, Inc. Siff Report - Rezoning Request Prepared for: City of Okeechobee Applicant: Roland & Michelle Mossel From: Industrial To: Single Family Petition No. 08 -007 -R 0 Staff Report Rezoning Request Applicant: Roland and Michelle Mossell Petition No.: 08 -007 -R General Information Applicant Address: umber: 863-634-7722 13632 NW 9th Stree Okeechobee, FL 34972;: Existing lon:.: Zoning District . his - Property Acreage \c ess IND mgle 0.321 acres RSF1' i 0.321 acres Location: 116 NW 9th street Legal Description: LOTS 19 AND 20, BLOCK 37, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request: The Applicant requests a zon located at 116 NW 9th Street. a single - family home. The ov that the Future Land Use Des approve financing because th forming. It is necessary for th designation to be corrected in ing change from Industrial to RSF1 for a 0.321 -acre lot The property is, and has been for some time, occupied by rner of the property is seeking refinancing. Despite the fact ignation is Single- family, the bank has been unwilling to e property is zoned industrial, and therefore is noncon- e inconsistency between the zoning and Future Land Use order to obtain refinancing. 1 Staff Report Rezoning Request Applicant: Roland and Michelle Mossell Petition No.: 08 -007 -R Adjacent Future Land Use Map Classifications and Zoning Districts: Zoning District: Zoning District: IND West: Fut andtyse Map;: Zoning District: a icatian `, IND ti4 Ingle -E Summary: The reason for this application is that here is little consistency between the Future Land Use designations and the zoning of the properties along the south side of this block (Block 37). The only consistent aspect is that none of the five Tots in this block that front on NE 9th Street are designated Industrial on the Future Land Use Map. They are either designated Single - Family or Commercial. While the City would not normally initiate a rezoning RSF1 for a property situated as is the subject so close to industrial and commercial uses. However, SF1 Zoning is consistent with the Future Land Use designation. Rezoning to RSF1 rezoning could be viewed as providing for the continua- tion of an interim use until su h time as the property becomes ripe for a more intense use, such as commercial. At that time an SSA and rezoning could be applied for and considered. Analysis: Section 70 -340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Appl cant has submitted very brief statements addressing these criteria. Following are Staff comments: 2 Staff Report Applicant: Roland and Michelle Mossell Rezoning Request Petition No.: 08 -007 -R 1. The proposed use is not contrary to Comprehensive Plan requirements. The Future Land Use designation now applied to the property is Single - Family which is consistent with both the current use and the requested zoning. 2. The proposed use bei g applied for is specifically authorized under the zoning district in the Land Deve/ppment Regulations. A single - family residence is the primary permitted principal use in the RSF1 district. 3. The proposed use will not have an adverse effect on the public interest. The continuation of residential use at this location will have no adverse effect upon the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and ► S not contrary or detrimental to urbanizing land use patterns. While one would not normally advocate single - family use in this area, it is preferable to industrial use in light of the Multi - Family future land use designation, zoning and existing multi - family uses on the properties immediately to the north. In time, as interest in more intensive!development of this and the adjoining lot to the west becomes evident, it is likelly that the designations on these properties will be changed to allow commeitcial uses that would be compatible with the multi - family uses to the immediate north. 5. The proposed use will no ` adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Continuation of the existing residential use will not adversely affect living conditions or deter 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 The continued use of the subject property for single- family use will result in no nuisance or hazard to surrounding properties and will require no buffering to protect uses on adjoining properties. 3 Staff Report Applicant: Roland and Michelle Mossell Rezoning Request Petition No.: 08 -007 -R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Single- family residential is a low intensity use. The continuation of this use will have no effect upon public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Single- family residential is a low intensity use. The continuation of this use will have no effect upon flooding, drainage or public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions on the property are those which are the standards prescribed by the Land Development Code and the Comprehensive Plan. Recommendation: Based on the foregoing analysis, Staff recommends approval of the request to rezoning the property from IND to RSF1. Submitted by. James G. LaRue, AICP Planning Consultant October 15, 008 Planning Board hearing: October 23, 2008 Council Hearing: November , 2008 Attachments: Future Land Use Map Zoning Map County Property Appraiser's Aerial 4 Staff Report Rezoning Request Applicant: Roland and Michelle Mossell Petition No.: 08 -007 -R FLUM MOSSEL SITE AND ENVIRONS FUTURE LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL NW 10th Street MF1 MF NW 9th Street ine RaiiIrod 200 0 200 400 Feet 5 Staff Report Rezoning Request Applicant: Roland and Michelle Mossell Petition No.: 08 -007 -R ZONING MOSSEL SITE AND ENVIRONS --NW- `fifth Street NW tOth Street- NW 9th Street CHV IND RMF 200 0 200 400 Feet 6 Staff Report Applicant: Roland and Michelle Mossell Rezoning Request Petition No.: 08 -007 -R Okeechobee County Property A .praiser's Aerial flOUS 7 oral Services Department 3.3`d Avenue, Room 101 ,,seechobee, Florida 39974 -2903 'Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Fee Paid. ,569 Jurisdiction: 1St Hearing: ` 0/47/ 0 g Publication Dates: a 2nd Hearing: Notices Mailed: 1 Name of property owner(s): <i //l/ • c7 - X . yGl8 8- 1c..ae(h, ') rt-3 L Z- G. 2 Owner mailing address: 3 Name of applicant(s) if other an owner 4 Applicant mailing address: 4a e-mail address: Npoa 5 Name of contact person (state elationship): DPI7 /t/ 6 / ma)/ 7 Contact person daytime phone s): 763 —7273 Ce{,( so -L /v '/y Property address/directions to iroperty: Describe current use of property: A () 8 Describe improvements on property (n ber /type buildings, dwelling units , occupied or vacant, etc. �� 6 3 to S 1 L f L u,S 0400) 10 Approx. acreage: , Is property in a platted subdivision? 11 Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: , 12 Is a pending sale of the property subject to this application being granted? 00 13 Describe uses on adjoining property to the North: North: East: &PO • South: 00 Ac- -i_o t 3J'1 , /4s i West: Nr`i 1/ 14 Existing zoning: 0 'd ruture Land Use classification 15 Request is for: ( ) Rezone (vi Special Exception ( ) Variance 16 Parcel Identification Number: J _ � v 067F0 aOs ° :... ' z,.�.'�xz. _ ...'"..:... ,..:�F,1`.a.�'Gae� ..:f�, "�, • ;..,..;,�zr +a . =sue °'. F .,,'" :. .�. .. ' off_ , ui«'�<.a. `?., aE a;s�t�. nfi4.`rti�;' n. w Applicant's statement of interest in property 17 y fir? (Atif U rc e5)') ' f'i`.J 3 Lim Revised 7/08 Page 1 of 10 18 19 on -re 'as e app 'cation ee: ' ezoning ', 11; peci. xception: ', 1; • ariance: ', 1; 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 is hired to advise the ci on the a • ' lication the a ' ' licant shall 1 a the actual costs. 20 21 22 Last recorded warranty deed Notarized letter of consent form property owner (if applicant is different from property owner) 23 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) 24 25 Affidavit attesting to completeness and correctness of the list (attached) Current zoning classification: Requested zoning classification What is the desired permitted use and intended nature of activities property? e opment of the Is a Special Exception necessary for yo tended use? 26 27 Is a Variance necessary f our intended use? Applicant's r terials addressing required findings for granting a rezoning (attach). 28 29 30 Describe the Special Exception sought: i.ic� C )s-17 -i-(/( &L F is P I yNJ� Are there similar uses in the area? If so, describe th- m: A* If a business , briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a building: .gtq i fJ0) j o s pk-vtay,---L) WA' 16,-‘63%vad SeilAite4 /ridraapt 2fr /, 411A gabJ ,S2= Qaeve-e t70lyd Revised 7/08 Page 2 of 10 ,q■ • .1. • • (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. 1. Demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and .roposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or : xplain why no specific design efforts or needed. de( 071-0-`2-1 3. Demonstrate any landscaping t screening is necessary. } l l 4. Demonstrate what is proposed generated by the sexpwa it, 5. Demonstratelhow the utilities 6. Demonstrate how the impact o fy to S #vr(V ' ,f _ r" Revised 7/08 hniques to visually screen the use from adjacent uses; or explain why no visual adAitte4, tM o reduce the impact of any potential hazards, problems or public nuisance how e nature of the use creates no such potential problems. el A 4" 1 J7 I\Ai d other service requirements of the use can be met. piece traffic generated will be handled, off site and on site. -1-144,-; oc-v 4 c-Pr? 10-f).4 f , 6,1441 tevot 8-6/1- 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. 0° 2. The use is specifically authorized as a special exception use in the zoning district. i sal 5 e- C, 9 P — "913 3 (/ 2)) 3. The use will not have an adverse effect on the public interest. WO ' 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. y . 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 6. The use may be reqred to be s9reened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. • 7- N 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. NC' • 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. /JO. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above standards and required findings and offer a recommendation for approval or denial. Revised 7/08 Page 6 of 10 THIS INSTRUMENT PREPARED BY AND RETURN TO: Shannon Kelly Elite Title, Inc. 311 NE d Street Flori Pro . �l l 2 THIS W office address • whose post office .:Y4 (Wherever used here and assign, of Tad is 1 1111131111111111111111 FILE NUF1 20Q7002808 OR BK 00624 PG 0376 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 02/22/2007 0257 :58 PM RECORDING FEES 10.00 DEED DOC 1,120.00 RECORDED BY R Parrish Ps 0376i (ios) ifcation (Folio) Numbers: 3- 15-37 -35 -0010- 00780 -0050 Space Above This Line For Recording Data , made the 16th day of February, 2007 by Wiliam S. Welder, a single an , whose post Avenue, Okeechobee, PL 34972 herein called the grantor, to A.ALS.A. Holdings LLC , SW Lighthouse Drive, Palm City, FL 34990, hereinafter called the Grantee: grantor" and "grantee" include all the parties to this immanent and the heirs. legal representatives successors and assign, of corporations) grantor, for and in consideradon of the sums of TEN AND 00/100'S (910.00) Dollars and receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, WITNESSETHE other valuable consi releases, conveys and viz: LOTS 3, 4, 5, AND 6, RECORDED IN PLAT Subject to easements, TOGETHER, with all the ten TO HAVE AND TO HOLD, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF ARE 5, PUBIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. rvations of record and taxis for the year 2007 and thereafter. ents and appurtenances thereto belonging or in anywise appertaining. AND, the grantor hereby cov grantor has good right and la defend the same against the la taxes accruing subsequent to IN WITNESS WHEREOF, same in ple forever. with said authority to sel claims of all ber 31, 2006. that the grantor is lawfully seized of said land in fee simple; that the convey said land, and hereby warrants the title to said land and will howsoever, and that said land is free of all encumbrances, except said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of ‘,„ Witness #1 Signature Sho v ,s-r, i4:tt Witness #1 Printed Name Witness #2 Signature I /" 6.-ct-S ' t� r�►._u e✓ I Witness #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHO Wil>Vm S. welder The foregoing instrument w acknowledged befo,[e me this day of February, 2007 by William S. Welder who is personally known to e or has produced t/ln Cuj., as identification. SEAL My Commission Expi File No; 07-3267 Book624 /Page SHANNON MU Notary Public, Stets My Comm. Co KNo DD 332394 Printed Notary Name 76 CFN #2007002808 Page 1 of 1 RE 23 : THE PROPERTY WE OWEN: LOT 4,5,AND 6 OF BLOCK 87, IN CITY OF OKEECHOBEE WILL FIT THE BUILDING WE DESIGHN FOR ALF. PLEASE SEE THE ATTACHED BUILDING FOOT PRINT. 24. THE PROPOSED BUILDING IS APPROPRIATE FOR THE USE OF ASSISTEDLIVING FACILITY AND IT WILL FIT PERFECT ON LOT SIZE LONG WITH REQUIRED SET BACK FOR ALF. CURRENT ZONING OF THE PROPERTY IS CPO. WE LIKE TO PUT AN ASSAITED LIVING FACILITY IN OUR EMPTY 3 LOTS ZONED CPO. NAME OWNADDR1 OWNCITY OW OWNZIP 4 GIRLS ENTERPRISES INC 4 GIRLS ENTERPRISES INC A M S A HOLDINGS LLC ARMSTRONG MICHAEL & ANGELA BIG LAKE BAPTIST ASSOCIATION BIG LAKE EYE CARE LLC BIG LAKE EYE CARE LLC BIG LAKE NATIONAL BANK COYLE WILLIAM D ELLERBEE BILLY J & STACY GARCIA CLEMENTE HAYDON ELLIS R & RITA LOWE JOHN MARCUS & CONSTANCE LOWE JOHN MARCUS & CONSTANCE MADRIGAL ANSELMO & MARYANN MITCHELL RONALD & GIANINNA NIX CATHERINE S TRUSTEE NIX CATHERINE S TRUSTEE NUNEZ DAVID JR & ANITA PARKER ROBERT C SR & JOANNA PRESTON MIKE & MICHELLE QUARL.ES NANCY GAIL ROWLETT GUS ROWLETT GUS, TRUSTEE SCHATZ MANAGEMENT LLC TARMAC FLORIDA INC TRENT RONALD L TRENT RONALD L TUTEN TROY T & MARY ANN 29 records selected. 610 NORTH PARROTT AVENUE 610 NORTH PARROTT AVENUE 906 SW LIGHTHOUSE DRIVE 902 SE 10TH STREET I PO BOX 1203 1540 SE 40TH AVENUE 606 NORTH PARROTT AVENUE 1409 S PARROTT AVENUE 306 NE 7TH ST 308 NE 6TH ST 5615 NE 3RD LANE 2419 SE 27TH STREET W PO BOX 296 W PO BOX 296 1788 SW 8TH STREET 8800 NW 160TH STREET 201 NE 5TH STREET 201 NE 5TH STREET 610 NORTH PARROTT AVENUE 209 NE 6TH ST PO BOX 822 311 NE 6TH ST CIO JOE ROWLI PT C/0 JOE ROWLETT 3601 SE 3RD AVENUE 1151 AZALEA GARDEN ROAD 2322 SE 33RD ST 2322 SE 33RD ST 2457 SW 18TH COURT OKEECHOBEE OKEECHOBEE PALM CITY OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE COLQUITT OKEECHOBEE OKEECHOBEE OKEECHOBEE CAPE CORAL NORFOLK OKEECHOBEE OKEECHOBEE OKEECHOBEE FL 34972 FL 34972 FL 34990 FL 349740000 FL 349731203 FL 349740000 FL 34972 FL 349740000 FL 349740000 FL 34972 FL 34974 FL 34974 FL 349730000 FL 349730000 FL 34974 FL 34972 FL 349722605 FL 349722605 FL 34972 FL 349720000 GA 39837 FL 349720000 FL 34973 FL 349730000 FL 33904 VA 235020000 FL 349740000 FL 34974 FL 34974 • cz, ' ('BEARING REfERENCE) . • • :u .'47'38" E 2OILt06rM) 20ROOrP) r) J 1 mayCN) ' nom IaacrlaO;Iaaoo7rl S DESCR /P77ON.• • LOTS 1 -4,.. AND 6, BLOCK( 76 CYIY OF OKEECHOBEE- ACCORDING TO 7HEPLAT 77/ERECp Asft. tORDED IN PLAT.BODK 5 PAGE 5. OF 7HE PUBLIC RECORD.OF OkEt•C7/OBEE COUNTY, i'LoRIDA. - la20179,h10a1107P) 8912 W PROJECT .SPEC /ffC NOTES: • - • I) UNLESS SHOWN OIHERHffSE,. ALL D/MENS/ONS .4RE PLA7t') AND MEASL EZNI1) 2) SYTE'ADDRESS` 60,9. NE: 2ND 3).PARCEL ID. 3— I5�3T- 35— bO1C -OO780 =0050. • 4) THE DESCR /P770N SHOWN HEREON WAS.PROLIDED BY 7HE CLIENT OR THE CLIENT'S REPRE.SENTAAVE: 6):.F1.R.AL .ZONE. ZONE .()NDE7ERM/NED PARCELS LJ($ $fm/N 77/E.OKEECHOBEF Qf1' L%M /1S 'i-4 k)RVEY IS NOT /,V7EHDED- 7U.DER/CT .IUR /$O/C77INAL AREAS OR OTHER AREAS OF LOCAL CONCERN. -8)- THE_ SURI fY DEP(C7E0 //ERE -IS NOT COVERED BY' PRC1FESSYON,4L .UABQ/ZY•IIUS IRANCL ADD /AONS 0,4 • DEZEDONS- - TO: SURVEY :YAPS' OR REPO(?7'S BY:OJHER. -THAN. 7HE SI& WNG PARTY OR PARTIES IS PROHIBITED Wf7HOUT WRITTEN CONSENT ; 7NE SYGN/NG /?ARTY OR PAR77ES :'• - . 9): THE ELEVATIONS SHOWN - hEJiEON ARE BA•S-1) ON TNE NAVONA). GE`ODE'77C VERTh2.4L DA7U(rc 13129 • : : 227: 7, M I. , Ii: 1. , • 7, Ie - . /, • I • (/VCt9. 1929), - 9) DALE OP..LAST F7EZO SUR'IE)" I1 /01 /O7. . . W : • .: , PRE!?PP, F?'R THE:- EXCLUSI V - USE QF • - A -M S. A: HOLD /NOS; LLC GULFSTR•AM :BUSINESS BANK ELITE 7771E, INC. - - 77G- T INSURANCE COMPANY- - • • YM sc4 i s1 4 �. �b FEET $ a557r v. _ oao )?cao VP)- • c •REVISE (AlaED •TOPb,,)••, -- RBVISE' PREPARED •rVR NAMES BOUNDARY- SUR.VEY:. -. . 11/Q6/07 •02/14/07 :01 (04/Q7 .. F1L " . -N �A •, 2i35/46.::- 46 :WC WO WC :� • KAB KAB. KAB. - OESCRIP710N:... t.. -- . -- . .. :OfXG- :DATA :: ..: iB/PG.-. •_ -. B1'• : or 2- sc4fE= t'.s =3p'. - . .. • o4I7NC �Me :- . • • i1 i1 I�r.:-\. ice' 1.0EN0 . •. ` • :.. •• • . . . . ef- SetIron Rod and Cop`T PS' 6719 . • . :w- Fwnd:W : : ti- Foued'Iron Rod (and. Cqp) . ® -Faunal PIN, (and c.p) • aom tiWp f,+•• Nd?gt c•-cdarek# .cNVLCteh 714t - ade>.p w..e:,v ityc a.o..et �-a+te d: ka wWs.>rEgk• 1-fsst.fc bt Pe ima l; k- -Fleed te...av .1M¢ l aask ►a tad Cwd 4 po u., rJ-I�wx wR...#. yrutath.w. v- rrofp,.nx W.I. tred.tk wuw P(4 P) a tyxs; Nit -Hal td x-P tok.e �I' lle,t ►-P1 c .b - .(4�. POpa.q���e,a,�b,qat opfpro-an�C+..% .1 pnemmkroi�. pp (Ce 9.v Point: Pee -Pahl .'t t 4sgnne.! Pf If PItO -hhl of tterrx QwvolvtPdlr+PVlnawnl Ildfnw. _._ - .. A9BRENA110NS' • 1. reterrnlivation of ownerehlp or I trtctlons dffeatk,8 -the land* - .2, l kxdugNNy1fii- thb5e- pbrtles noted- 3. lid by %is. surveyok for use by .olhc■ tiot'speclflpaGy naffed.. -. - -4, eMboefed •Md of Flat-lab licensed: surJeyor and ltlappsr /4820: ' :: .barrbothm-ente .axoept a* shown,. ' • . .6. lergound linprovaments and /or encroachments Of qnx) as ptrt of >7.1'ie WWIth minkrwrn technical itondards established by the Florida .• aopter e1917 -6. F.A.C.) puEsuant to Sectloh 47p:127, ilorlda. TRADEWINDS PEOFESSIONAL SERVICES. ;• INC• SURVEYOR 'AND MAPPERS . -.2o0 8:1f.: ?SF$ •AiTilkuo . - Okbechobea, - .71.' :" 4974 - • Tel: (98$)'788 =2887 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: 1 ity of Okeechobee Applicant: SA Holding LLC Petition No.: 0 i - 011 -SE Staff Report Special Exception Request Applicant's Name: AMSA Holding LLC Petition No. 08 -011-SE General Information Owner: AMSA Holding LLC Contact Person Muhammad Nooruddin Owner Address: P.O. Box 448 Okeechobee, FL 34973 Contact Phone: 863 - 763 -7773 Property Address 608 NE 2nd Avenue Legal Description of Subject Property: LOTS 3,4,5 AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Adjacent FLUM Designations, Zoning Districts, and Existing Land Use NO East: se Map, Zoning District: xis 'ipg $... , ffi Use: w' p e ii le.sal Future Land Use Map Commercial Classification: IND Zoning II,rict: Existing Land Use: Office building South:, Future Land Use Map Gornrnercial an r it gle asstn Pm) Zoning District: CPO and RSF1 Existing'_ Land Use: Commercially zo ed lo is West: Future Land Use Map Classification: Zoning District: Existing Land Use: Borne on Commercial across NE 2 "d Avenue. CHV Repair Service 2 Staff Report Special Exception Request Applicant's Name: AMSA Holding LLC Petition No. 08 -011-SE Item before the Board of Adjustment: The matter for considera application requesting assisted living facility to ion by the City of Okeechobee Board of Adjustment is an Special Exception in the CPO Zoning District for an e located at 608 NE 2nd Avenue. Description of the Situation: The subject property ha is zoned CPO. Approv assisted living facility on The Applicant is proposi 12,000 square feet on t providing care for 14 indi ees per shift. a Future Land Use Map designation of Commercial and I of a Special Exception is required in order to allow an he property. The subject property incl the Applicant has stated (4, 5, and 6). The area Discussion with the Appl located on lot 6 that front to its setback from NE 2 the Applicant, Staff believ construct the building at t to be used, it may not b size proposed, even if the In addition to the general CPO district, the Applica adult family care homes a g to construct a two -story assisted living facility of about e subject property. The facility will have 14 bedrooms iduals and will operate 24 hours -a -day with two employ- des four lots comprising about 28,000 square feet, but hat the ALF will occupy only the three westernmost lots of these lots is about 20,300 square feet (0.466 acres) cant indicates he would like to retain the structure now on NE 2nd Avenue. This structure is nonconforming as Avenue. Based on preliminary information provided by s it will be impossible to retain the existing structure and e size proposed. In fact, if only three of the four lots are possible to fit the new structure on the property at the existing structure is removed. requirements and limitations applicable to all uses in the t must comply with the supplementary regulations for d assisted living facilities set forth in Section 90 -695. The subject property mee s the minimum lot size of 20,000 square feet required for an assisted living facility. 3 Staff Report Special Exception Request Applicant's Name: AMSA Holding LLC Petition No. 08 -011-SE Consistency with Land Development Regulations: Section 70 -373 (b) requires that the Applicant address, during the presentation to the Board of Adjustment, the following standards for granting a Special Exception. The Applicant's submission includes only brief statements, or "yes" and "no" responses, addressing these standards and the findings required under Section 70 -373 (c), and will need to make his case at the meeting. (1) Demonstrate that the proposed location and site are appropriate for the use. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. (4) Demonstrate what is proposed to reduce the 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. (5) Demonstrate .how the utilities and other service requirements of the use can be met. (6) Demonstrate how the impact of traffic generation will be handled off site and on -site. When reaching a conclusion on a Special Exception request, the Board of Adjust- ment 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. B. The use is specifically authorized as a special exception use in the zoning district. Section 90 -223 specifically authorizes adult family care homes or assisted living facilities (ALF) as a special exception use within the CPO Zoning District. 4 Staff Report Applicant's Name: AMSA Holding LLC Special Exception Req est Petition No. 08 -011-SE C. The use will not ave an adverse effect on the public interest. An assisted living facility will not have an adverse effect on the public interest as there appears to be a recognized need for such facilities in the community. D. The use is appro +riate for the proposed location, is reasonably compatible with adjacent use and is not detrimental to urbanizing land use patterns. As can be seen o surrounded by west. To the so The proposed as reasonably comp to urbanizing land E. The use will not a a deterrent to the An assisted living property values properties that wo the south. The required of ALFs facility of the scale the aerial at the end of this report, the subject property is ore intense nonresidential uses to the north, east, and th, there is a vacant lot and two single - family dwellings. isted living facility is appropriate for this location. It is tible with adjacent uses and is not contrary or detrimental use patterns. versely affect property values or living conditions, nor be evelopment of adjacent property. facility of the scale proposed should not adversely affect r living conditions in the area. The only residential Id likely be affected are the two single - family homes to 0 -foot setback from adjoining residential zoning uses hould prove adequate for buffering these uses from a proposed. F. The use may be r • quired to be screened from surrounding uses to reduce the impact of any uisance or hazard to adjacent uses. If the facility takes Staff does not for ordinary measure screening or buffe tee during the site the form of a two -story structure of the size proposed, see significant adverse impacts or the need for extra - to protect the adjoining properties. The need for ng will be considered by the Technical Review Commit - Ian review phase of development. G. The use will not cr_ ate a density pattem that will overburden public facilities such as schools, st eets, and utility services. The number of cli overburden public impact on school fa nts served by the proposed facility is not expected to utility services and assisted living facilities have no ilities. 5 Staff Report Applicant's Name: AMSA Holding LLC Special Exception Request Petition No. 08 -011-SE Based on the 7th Edition, ITE Trip Generation Manual, an assisted living facility has an average trip generation rate of 2.66 trips per assisted living unit per day, and 0.22 trips /day at peak hour. Using these figures, a 14 -unit assisted living fac lity could be expected to generate about 37 trips per day and only three trips during the PM peak hour. Staff does not believe this level of traffic will adversely affect the City's ability to maintain its adopted levels of service or result in traffic congestion in the area. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. As noted in item G, traffic congestion is not expected as a result of the location of an assisted living facility at this location. Given sound drainage and stormwater management one would not expect flooding or drainage problems. These issues will be specifically addressed by the TRC during its review of the project's site plan. Recommendation: Based upon the foregoing analysis and findings, Staff recommends that Petition No. 08-011-SE be approved. Submitted by: James G. LaRue, AICP Planning Consultant October 15, 2008 Board of Adjustment hearing: October 23, 2008 Council hearing: November 4, 2008 Attachments: Future Land Use Map Zoning Map Property Appraiser's Aerial Photograph 6 Staff Report Applicant's Name: AMSA Holding LLC Special Exception Request Petition No. 08 -011 -SE FLUM AMSA/N00 UDDIN ALF SITE AND ENVIRONS NE 7th St. c N Future Land Use SINGLE - FAMILY ;MULTI - FAMILY IM COMMERCIAL INDUSTRIAL 200 200 400 Feet 7 Staff Report Special Exception Request Applicant's Name: AMSA Holding LLC Petition No. 08 -011-SE INVV Lt1U HV AMSA/N00 ZONING UDDIN ALF SITE AND ENVIRONS NE 7th St. ZONING CHV IND RSF1 c 0 ELI a. Z `MF MF 89 '1 L M MFMF MFw 5th- St. 200 0 200 400 Feet 8 Staff Report Special Exception Request Applicant's Name: AMSA Holding LLC Petition No. 08- 011 -SE Okeechobee County Property Appraiser's Aerial 9 LARUE PLANN NG & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 39- 334 -3366 • FAX: 239 - 334 -6384 DATE: TO: FROM: RE: October 15, 200 Planning Board Bill Brisson Migrant Housin As you may recall, early this ye residential migrant housing faci the sake of brevity, from hereo "residential migrant housing fa' Mr. Ayala's application was de location of a migrant facility in Development Regulations. Mi then only by Special Exception. involved was closer than one m feet of a church. At that time, i migrant facilities should be rec recommendations on this issue. MEMORANDUM Regulations r, Mr. Rafael Ayala applied for a special exception for a ity involving two "triplexes" located at 720 NW Stn Drive. For in the term "migrant facility" is used synonymously with ility ". ied because the site did not meet the requirements for the he RMF zoning district set forth in Sec. 90 -194 of the Land rant housing facilities are allowed only in the RMF district and Mr. Ayala's application was denied because the property le from another licensed migrant facility and was within 1,000 was suggested that the perhaps the limits on the location of nsidered. The following summarizes our findings and Regulations to be conside ed for modification While Section 90 -194 contains other requirements, it is the stringency of the requirements as to location that has been question: d. Specifically, this regulation (Sec. 90- 194(2)(d) reads as follows; "No migrant facility m be located closer than one mile from any other licensed migrant facility, and no within 1, 000 feet of any church or school." Result of the current regul ations Map 1 on the following page shows the locations of the only licensed migrant facility having been approved by the City. There are seven single - family homes on this 1.59 - acres site. The map also shows the locations of all churches and public schools in the City. 1 .IM■ M' .I■i Ell /11111111 111111111 11111111 MAP 1 •• m1 ■11 1..■■. 111.1• G.a.l MMI .1•ai1 1 MINIM { 11'.••®11 11®I. 111 MEIN ■•1f111 ■ yle..n 111w 1-- ■ mum ma MIMEO 111111111 1111111111 V':.1 ■M .iN ■NI EA 111/111/1 111111/111 11111111 l ' ■- T 11w TIM RIME 11 • -- • o� E IU ... 1111111 1M� 111.1111 MN ■1111111 ..11 ■...III 1_.1■ i ■■ 1111111111'! 6e1 mom lo ism 11111 :111111 �1'am =M11■1 Y • 1i•: IIwia NA 111 161111 131 11 €€116 1! 11:x:1 115 1111► 1 ■/1.. M -U1,1. Iii: 11 .411 - a..1 ■■l awl :II' =VIII. 1111 _�111i 11 1A 11 -■11l 111 Ili? SHEA n° ■1 .r: INN INI :B L 1 "I 111 Ell Ell lig sIli ii. 111.1 ilWI i. •i 11111 1111 tt.t. Ala •s " Ea El 111 1111 1111 NE MI IL ..1 1111 • 11111111 Isla lhllci€L ■:111■ 1 1■' 111 i 111111 II 11 111.1111 111111•11 11 EIOIIIIII.1N11111 mmnNNN1i11m. 111 Fa e• • Aral ■■- mom Z. - 1 1 !„[ • ! ■••• •• . .■.I■. NI 1 ol el 4 �tiy N.��11gl • .■111 .11111 11.11 1111 LEGEND * Migrant facilities A Public schools Churches Multi - Family /RMF NCity limits 1�I runmhII.I 11 q 1111M1111I11111A lumina llll 1:I AMU 1000 0 1000 2000 Feet 1 1 111: 111111 2 Map 2 shows the result of applying the limitations imposed under Sec. 90- 124(2)(d). The properties shown in orange are the only multi- family zoned sites in the City that qualify as locations for migrant facilities. It is entirely likely if even one of these properties were to be used for farmworker housing, no other site in the City would qualify. How appropriate are the current regulations? Separation between migrant facilities The purpose for minimum separations of migrant facilities from each other is to prevent concentrating migrant facilities in limited areas. Prevention of over - concentration is generally recognized as an acceptable approach to the location of migrant housing. How- ever, we believe that the current regulation preventing any migrant farmworker housing facility from being located within one mile of another licensed migrant facility is exces- sive. It would also be more realistic to establish some maximum number of migrant housing units within a given geographical area. For example, the City could consider limiting the number of licensed migrant housing units to not more than 25 or 50, within a radius of perhaps one -half mile This would appear more reasonable given the fact that, excluding a few appendages, the City is just under two -miles from east to west and just over two miles north to south. Separation between migrant facilities and churches and public schools We have serious reservations concerning the basis for a 1,000 foot separation between migrant facilities and churches and schools. It would not appear reasonable to equate migrant farm worker housing with uses such as an adult entertainment establishment. Yet a migrant facility is subject to the same 1,000 -foot restriction from churches and schools as is an adult entertainment establishment. We are not sure that there need be any mini- mum separation from churches and schools, but certainly if one is imposed it should be less than the restriction imposed on an adult entertainment establishment. Conclusions and recommendations If the City recognizes the need for locations of migrant facilities and wishes to address that need without unduly concentrating such facilities, we offer the following suggestions: 1. Limit the total number of licensed migrant farm worker housing units to not more than 25 within a radius of 2,500 feet of each other. 2. If the City believes that migrant facilities need to be separated from churches and schools, require that a licensed migrant facility be located at least 500 feet from any preexisting church or public school. Map 3 shows the areas that would likely be available for limited migrant facilities if the foregoing conditions were applied. 3 P OS UND MAP 2 IBLE MIGRANT HOUSING LOCATIONS R CURRENT LOCATIONAL LIMITATIONS .1. NMI 1 EC ME Minn r _ : I& ■ lig /.• 111 0'' rem li me Elm La my Is HP �.i ii MN AO ;: fe. nnnnnumunuq • m 2000 Only the few gray areas remain aviailable 2000 4000 Feet 4 MAP 3 POS`IBLE MIGRANT HOUSING LOCATIONS UNDER PROPOSED REGULATIONS _ • .11.1. 111 I ILI 1 ME III •k:�_ 1.11 MIN E. LA IA "Al Ell Y. %ill EA EL Ell E.1 1111 ■_ ME %iI I.. .Mui .11111 :III. 111 LAN •NI. O.EI ..III ...1E r 11 Gray .: reas contain available sites 2000 0 2000 4000 Feet 5 LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 239 - 334 -3366 • FAX: 239 - 334 -6384 MEMORANDUM DATE: October 15, 2008 TO: Planning Board FROM: Bill Brisson RE: Treatment of nonconforming parking when a business changes hands Some have recently expressed oncern that, given the current economic situation, requiring a business that is nonconforming to the off- street parking requirements to bring parking up to code when there is a change in owne ship may inhibit the continued operation of those uses and adversely affect the economy o the City. We present our thoughts and suggestions on this issue in the following discussion. Summary of the existing si uation The City defines a nonconformi g structure as follows: "Nonconforming structure does not conform to the y caping or supplementary r located. "[emphasis added] means a lawful building or structure... which d, setback, coverage, height, parking, lands - gulations of the district in which it is Section 90 -35 (d) contains the fs slowing provision which applies to a change in ownership of a nonconforming structure: "In the event the underlyin is sold... such nonconfo long as the land is not a no structure is not expanded o regulations. The transfer o to the requirement that the possible, considering the n current codes, land use and applicable to the structure.' land on which exists a nonconforming structure ing structure may continue in the new owner, so conforming use, and the nonconforming repaired except as authorized in these such nonconforming structure is further subject ew owner must comply, to the extent reasonably ture and configuration of the structure, with all zoning requirements of the district regulations Usually, "reasonably possible' a. b. c. d. reduce the size of th move a building to reduce the height of modify the size or lo parking, or to provid safe. However, if it is possible to fit owner is required to do so. Ap possibly more. Parking is gene situation, entails any significan lost to the community. Comments is interpreted to mean that the owner need not: building to meet coverage requirements; eet setback requirements; he building to meet height limitations; or, ation of any structures or buildings to provide parking where it is not physically possible or ome or all of the parking necessary to meet the code, the new arently there has been at least one such instance of this and ally the only item that, if it is reasonably possible to improve the cost and sometimes the cost prevents the sale and the business is While not rare, it is not commo practice, to require that nonconforming parking be addressed when a property changes owner hip and there is no change in the use or structure that increases the need for off - street parking. sually, any existing shortage of parking is "grandfathered" and the business is allowed to conti ue under the new ownership as it had previously under the former owner. Sections 90 -39 and 90 -40, allo including one which has a lack not create a significant impact a seem reasonable to assume that, out requiring the number of off - ownership would be treated simi for enlargement and alteration of a nonconforming structure, f required off - street parking, so long as the improvement "would to drainage, or parking and loading requirements." It would if one could expand or improve a nonconforming structure with - treet parking spaces to be brought up to code, a mere change in larly. We do, however, suggest that in the case of any change resulting in more off - street parking being required than that required prior to the change, whether it be by expansion of the structure or change of use by an existing owner or new owner, the additional parking should be provided prior to issuance of a certificate of occupancy. The effects of this approach would be to allow existing nonconforming businesses to change hands without requiring additional parking, essentially maintaining the status quo. On the other hand, it would prevent a worsening of parking shortages by requiring that any change that increases the need for off - street parking will be required to at least accommodate that increased need. 2 Rec If the Land 1. 2. 3mmendations above approach is found to Development Regulation S: Modify Section 90 -35 (d) to "(d) Transfer of a nonco which exists a nonconfo from the record title hold: records of the Clerk of C o nonconforming structure nonconforming use, and ti except as authorized in the The transfer of such none o the new owner must corn sly, and configuration of the s u ments, except off - street p. be acceptable, we recommend the following changes tot read as follows: forming structure. In the event the underlying land on ing structure is sold, assigned or in any manner transferrer r of said lands, as such ownership if (is ?) reflected in the urt and Property Appraiser of Okeechobee County, such ay continue in the new owner, so long as the land is not a e nonconforming structure is not expanded or repaired se regulations. nforming structure is further subject to the requirement th to the extent reasonably possible, considering the natur ucture, with all current codes, land use and zoning require rking_requirements, of the district regulations applicable tt , ever, that if the use of the property or structure under the the structure. Provided ho new owner is different suc that application of Section 90 -512, Space regulations, results in a greater numbe of off - street parking spaces being required than the number of off - street parki g spaces required of the prior use, the new owner shall provide additional off -strer t parking spaces equal in number to the calculated increase." read as follows: o nil ing structure. A nonconforming structure may be irought up to current codes without concern as to whether deals with lack of off - street parking, or on -site water ea, height or landscaping, as may be otherwise required c N lations, so long as such development does not create a o istrict; does not create a new nonconformity as to prop- Id not cause or create a significant impact as to drainage; ding requirements. Provided, however, that if the Modify Section 90 -39 (a) to "(a) Extension of noncon enlarged, improved, or be the existing nonconformity retention, excessive floor a a new structure in these re nonconforming use in that erty line set - backs; and wo lo. or parking and off - street enlargement or improveme t, because of application of the provisions of Section 90- 512, Space regulations, in . greater number of off - street parking spaces being require than the number of off - Streit parking spaces required before the improvement, the owner shall provide additio al off - street parking spaces equal in number to the calculated increase." he at e f d 3. Modify Section 90 -40 (a) to read as follows: "(a) Repair of nonconforming structure. A nonconforming structure may be main- tained, repaired or altered, without concern as to whether the existing nonconformity deals with lack of off - street parking, or on site water retention, excessive floor area, height or landscaping, so long as such repair does not create a new nonconforming use in that district; does not create new or additional nonconformity as to property line set - backs; height, or floor area, and would not create a significant impact as to drainage, or parking and off - street loading requirements. Provided, however, that if the repair or alteration, because of application of the provisions of Section 90 -5121 Space regulations, results in a greater number of off - street parking spaces being required than the number of off - street parking spaces required before the improve- ment, the owner shall provide additional off - street parking spaces equal in number to the calculated increase." 4 1NDEPEN NEW5PAPE OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned aut appeared Judy Kasten, who o Publisher of the Okeechobee week Newspaper published at Okeechobee County, Florida, t copy of advertisement being a ENT_ _ 107 S.W, 17th Street, Suite D, Okeechobee, FL 34974 ority personally oath says she is ews, a three times a Okeechobee, in the attached 0to ltC_ NOtt e a in the matter of N Oft Le_ CMS Aet fia`� in the 19th Judicial District of Okeechobee County, Florida, said newspaper in the issues o btot_;S/ %Sl e Circuit Court of as published in Affiant further says that the News is a newspaper publishe said Okeechobee County, Flori newspaper has heretofore bee ously in said Okeechobee Cou week and has been entered as matter at the post office in Oke Okeechobee County, Florida, f year next preceding the first p attached copy of advertisemen says that she has neither paid person, firm or corporation an commission or refund for the p this advertisement for publica newspaper. 70 said Okeechobee at Okeechobee, in a, and that said published continu- ty, Florida each econd class mail chobee, in said r a period of one blication of the , and affiant further or promised any discount, rebate, rpose of securing on in the said to and subscribed before me this /5 day of 6 )S e_F— ATE .('c >'r ary Public, State of Florida t Large (863) 763 -3134 Pe irkne FILE CC7 NOTICEOF SONSIDERATION OF PROPOSED COMPREHENSIVE PLAN .AMENDMENTS - NOTICE A PUBLIC HEARING wOl beheld before the City of Okeechobee Planning Board/Board of Ad)ustment and Appeals on Thutsday,'October 23, 2008 at 6:00 p.m. or as soon thereafter as possible. The meeting 0ll be held at City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Flog, aa... To consider a request for a Comprehepsive {Plan Small Scale Future Land Use Map , Amendmentdp kcabon No. 08-006 -SSAs The application is submitted by Fran - ', nie Watford ind Elbert Batton, on behalf of property owner(s), Adbul and Yasmin Cumber The application, is to change the Future. Land Use designation from Sin - e Family (SF) to Commercial (C) for vacant property. located at 309 Northeast ..thy Legal description: Lots 1 to 12, inclusive of Block 110, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5 Public. Records of Okeechobee County, Florida. A copy of -the agenda may be obtained from the City webstte www.cilvofokeecho: g gm, or contact the General Services Department,' pclement9c ofokeecho- bee.com;- (863) 763-3372 x 236.A copy of the entire, application(s) are available ahthe General Services Department' The Planning Board will make recommenda- tions4o the,City Council for consideration and final adoption tentatively scheduled for rTgesday. November.18, 2008. PLEASE TAKE NOTICE AND' BE�`ADVISED that 8 any person desires to appeal any decision made'. by the Planning Board with respect to any matter considered':at this meeting, Or heating will need. 10 ensure a verbatim record of the proceedings is`/nade, which record includes the testimony and,evidence upon which the ap- peal is to be based, General Services media are used for the sole purpose of back-lip fdrthedepartment In accordance with the "Americans with Disabilities Act (ADA) and Forida Statute 28626, persons with disabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no later than two (2) worldng days ' piiorto the proceeding 31 863 - 763 -3372 x 218; it you are heanng or voice im- paired, call TOO 1-800-955-8770(voice) or 1- 800 - 955 -8771 (TTY). BY - - -; Brian Whitehall, Zoning Administrator Application No. 08- 006 -SSA 294832 ON 10/5,15/08 e_ Janetta Thiboult I . Commission # 00505311 Expires January 10, 201 7 r�v4�Borceu Trov Fan Insurance Inc 800- 385 -701 11NDEPEN NEWSPAPE OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned aut appeared Judy Kasten, who o Publisher of the Okeechobee week Newspaper published at Okeechobee County, Florida, t copy of advertisement being a 1 ENT _ 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 ority personally oath says she is ews, a three times a Okeechobee, in at the attached o6l'( Cr �JOt (CA_. in the matter of N �t�r C O C.'©.?∎C1 '(cf` -IC/1 in the 19th Judicial District of t e Circuit Court of Okeechobee County, Florida, as published in said newspaper in the issues o ©C- 4- // incr Affiant further says that the News is a newspaper publishe said Okeechobee County, Flori newspaper has heretofore bee ously in said Okeechobee Cou week and has been entered as matter at the post office in Oke Okeechobee County, Florida, f year next preceding the first p attached copy of advertisemen says that she has neither paid person, firm or corporation an commission or refund for the this advertisement for publica newspaper. • NI said Okeechobee • at Okeechobee, in • a, and that said published continu- ty, Florida each econd class mail chobee, in said r a period of one blication of the , and affiant further or promised any discount, rebate, rpose of securing on in the said • and subscribed before me this day of 0 D ►,l tary Public, State of Florida .t Large Janetta Thiboult Commission # DD505311 > Expires January 10, 201 1 e'S' Bo,'''i `rOy Fact Imurance Inc 500 - 38`.-701 Al) (863) 763-3134 Pb mun� FILE C7` NOTI EOF CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE A P,UBLICl. dEARI i be held befgIe the City of Okeechobee Planning poarwBoardiof Adjusim Appealston`'fhursday,, October; 23, 2008 at' 6:00 pp m or as soon 8s ssible The meeting vnll be held at City Hall, 55 Southeast 3rd Aveli ''fin tlr8 ounci Chambers Roprn 200, Okeechobee, Flon Te consider a request to chan9 ',the Foning district from Residential Single Family, ne (RSFI) to)(eavy Co$ m��pWI (CH\ ,for Petition No: 08-006-0. The petition IS'being submitted b0 Ffarp Wafford and Elbert Balton,, on behalf of property owmer(s). Abduf.'and laslobr:Cumber. The vacant property is located at 309 Noftifeesf 4th Street Legal description: :Lots 1 to t2, inclusiee of BIock 110, Okeechobee, according to the pla(thereof recorded in Plat Bopk 5, Pege 5 Pubic Records of Okeechobee C6onty. Ronda, and is approodenatety•1.92acres; A copy of the agerjda may be obtained from the City website wwwcdv' eeclio- liekadior contact the Genial Services: Deparbnent, bclemenK0cdvoiokeecho- bee:gem. (863) 763 - 3372x,218. IV copy of the entire application(s) are available at<the General Services Deparbpent The Planning Board will make recamrhenda- bons (a the City': Courted tsr consideration and final adoption tentatively scheduled fo xp(eSda ovkmber10 2008. ' ;S T y MOTE AND BE''pVISFD that if .any person desires to appeal, any )he Planninil;HoarNBoard of Adjustments and Appeals with re- 4fsidpred at this meeting, or hearing will need to ensure a t¢eiproceedings Is made, which record includes the testimony oS "which the'appeaf Is to be based. Media are used for the sole -PP for the General Services Office. "'Americans with Disabilities Act (ADA) and Honda Statute s -wrhh *abilities needing special accommodation to participate iri ing should cpntacl;Belty Clement, no later, than two (2) working days e roceedIrgFet 863g-763 337TZ x 218 if you' are hearing or voice en- f TDO 1 -800 955*87io ll 41 =888 95528771 "(TTY): an Wrens, Zoning lfdmihtstiater INDEPENDENT _ NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, t t the attached copy of advertisement being a NOW' C-- %C++ ce___ in the matter of N o k C2 oF AS i 2Li ic.� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 0C-er ¶ /5 wog 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 continu- ously 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. d subscribed before me this !$ hay of OC* ' AT) (2C19( otary Public, State of Florida at Large P OF B- Janetta Thibou {t Commission # DD505311 o Expires January 10, 2010 Bonded Troy Fain Insurance $ne 800-385-7019 (863) 763 -3134 FILE COPY ,NOTICE OF:CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE: A PUBLIC HEARING will be held before the City of Okeechobee Planning Board/BOard of Adjustment and Appeals 00 Thursday; October 23, 2008 it 8:00 p.m. or as soon thereafter as possible. The meeting will be held, at City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Ronda. To consider a;request to change the zoning district from Industrial (1ND) to Resi- dential Single Faintly-floe (RSF- 1)'for Petition No. 08- 007 -R. The petitioti,is'being submitted by properly owner(s) Noland and Michele Mossel. The propertyis locat- ed at Northwest 9th Street - Legal description: Lots 79 aid 20, of Block 37, Okeechobee, accordingto the plat thereof recorded in Plat Book 5, Page 5 Public Records of Qkeechobee County, Ronda, and is appro dmately 0.321 acres; ' A copy of the agenda niay be obtained from the City website www.cityofokeecho- bee.com, or contact the 'General Services Department -bdementCa cltyofokeecho- bee.com (863) 763 -3372i 218.' A copy of the entire application(s) -are available at the General Services Department. The Planning Board will make recommendations to the City Council for consideration and final adoption tentatively scheduled for Tuesday, November 18, 2008. PLEASE TAKE NOTICE AND BE ADVISED that 11 any person desires to appeal any _decision nsade by the Planning Board/Board of Adjustments•arid Appeals with re- spect to any matter. considered at this meeting, or hearing.wieneed to ensure ever- bath record of the proceedings is ma-e, which record includes the testimony and evidence upon which the appeal is to be based. Media are usedfor the sole pur- pose of back -up for the General Services Office. In accordance with the Americans with Disabilities Act (ADA) and Roride Statute 28826, persons with disabilities needing special accomn:to participate In this proceeding •should contact Betty Clement no later than two (2) worldng days prior to the proceeding at 863. 763.3372 x 218; if you are heaetng or voice impaired, call TDD 1- 800 - 955 -8770 (voice) br 1- 888. 955 -8771 (TTY). BY: Brian Whitehall, Zoning Administrator Petition No. 88 -007 -R 294829 ON 10/5,15/08 INDEPENDENT _ _ NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 J 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 three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, t the attached copy of advertisement being a Is -k) Oft (E in the matter of /U Of? c of 6,01i‘7,:d -hell in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of /S7 2c ei 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 continu- ously 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. orris tb and subscribed before me this day of e% ✓e- Al) L` '')°z5'- ary Public, State of Florida at Large Janetta Thiboult Commission # DD505311 ( Expires January 10, 2010 �' ' >"Ik Vic. tic „M:,i rrov Fa,n ,o- ranee Inc 8111385.7019 (863) 763 -3134 g'1P olio, 1. FILE COPY NOTICE OF CONSIOERATION OF PROPOSED SPECIAL EXCEPTION - NOTICE: A PUBLIC HEARING will be held before the City of Okeechobee Planning Board/Board. of Adjusbnerd and Appeals on Thursday, October 23, 2008 at 6:00 pm. or assoon thereafter: as possible. The meeting will be held at City Hall, 55 SE 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Florida. To consider Special'Ezception Petition No. 08. 011 -SE, submitted by Muhammad •Noorudin on behalf of property owner(s), A.M.S.A. Holding, LLC, to allowwan as- . sisted living facility within a Commercial Professional Office Zoning District (Re) Code Book Section 90- 223(10)). Property is located at,608 Northeast 2nd ■venue.. Legal descrip1i n: tots 3 to 6 of Block 78, City of Okeechobee, and is approiamatey D 5 acres. A cop of the entire application(s) and agenda are available in the General Services 'Office, Rm 101 at City Hag or by calling Betty Clement at 863) 763 - 3372 x■218. Please be advised that the Board of Adjustment and Appeals wdl.serve as the de- cision making body (quasi-judicial), on behalf of the City, to approve or deny.Spe- cial Exception Petitions. PLEASE TAKE NOTICE AND BE ADVISED that if arty person desires toy appeal any decision made by the Board of Adljustmen is and Appeals with respect to any mat- ter considered at this meeting, dr hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media is for the sole purpose of backup for official 'records of the deparhnent. , In accordance with the Americans with Disabilities Act (ADA) and Florida Stande 286.26, persons with disabilities needing ,special accommodation to participate in this proceeding should contact Betty Clement, no later than Iwo (2) working days prior to the proceeding at 863 - 763. 3372x'218; if you are :heanng or voice irk paired, call TDD 1-800-955-8770 (voice) t 1;800- 955 -8771 (TTY). BY: Brian Whitehall, Zoning Administrator , Petition No. 08-011 -SE 294826 ON 1015,15/08 EPENDENT _ NEWSPAPERS OKEECHOBEE NEWS NEWSPAPERS OKEECHOBEE NEWS iii 107 S.W. 17 th Street, Suite D, Okeechobee, FL 34974 J 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 three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the,attached copy of advertisement being a 1 C_ Nut -ice _. in the matter of 1 Ot- t L'Q OF CIA A-- jc,ctt 1,43 Vt4e.et; n in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ZcCS 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 continu- ously 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. ap wo and subscribed before me this /3-lay of____ _ Q-,-- AD ° e — i ary Public, State of Florida at Large okv, -,` Poe, Janetta Thiboutt Commission # DD505311 N, o Expires January 10, 2010 9 oF FyOo- Bonded Troy Fain Insurance Inc 800-3BS701 <. (863) 763 -3134 Ricmat FILE COPY NOTICE OF Ctry PLANNING BOARD MEETING NOCE The C't[y of Okeedidee Flaming OQald w�ql meet as Lpcal PI nning A'eny oo Thursday October 23, 200801 6:00 p m or °' soon fdafterd s'pos 78'a: i nslderanypropos�;atnendmerds submdSedtiyGOySla0bor�cnizensato d Cdy. Compreheristve Plan which may Include amendn ents:10 the arropted -LarttI tle�elopmorht Regutabons QDFs) Ali amendmerds are tonypf4�d m01 a recommendation t0 the C!Ir��� �Cbultcr ttor,t11n01 eonsberation jhe�meedp N be i Cy gas( D Aven e,;. 10 tile Council Chambers, ja ms i. Av., 0 � y o ed from Oho Cdy web 01te wwwp10 f0ke�lpf q op. y Se�cesrpepartment. otieme0RJcItt !ok 1)o1 1 ��'a 9 Ys SEDt' if any pelsan desues to appeal i decision made the Plarnl Board j0 any m?tteri ! QJl�fik� a{tis,' I h ,10 ensure y m repord pj ' e3 L'lioe o ,�Peafrts tesdnary anp, eyhdetpe hry0n f inedlaiare used.tor the sole purpose of cap ,up for E 4 r cans wdh Dispplkpes Act (ADA) d fI*p;St?ttpe s'nee ine sppee�121feccommodahprt 10 pazficfnaate :in lt, c L 'i j S Deny GItmenl rho tatpr jhalf iwq (2)t °l :dp1 s • a F 763 - 3372112 a5-,1( yof are befime pf ooIce Impaued, eel Ie' 7r pieR)w1$8885-8771jtTY). BY Brian Wliitehat` Zoning AdmlmstratOr 294822 ON'10'5,15108'