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2008-12-181 I. CALL TO ORDER Chairperson. Planning Board/Board or Adjustment and Appeals, December 18, 2008 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE Secretary. Board Secretary Clement called the roll: Chairperson Devin Maxwell Vice- Chairperson Dawn Hoover Present Board Member Terry Burroughs Present Board Member Kenneth Keller Present Board Member Mike O'Connor Absent (with consent) Board Member Douglas McCoy Present Board Member Melissa Morgan Present Alternate Member Osiel Torres j Present Alternate Member Karyne Brass Present (moved to voting position) Attorney John R. Cook Absent (with consent) Senior Planning Consultant Bill Brisson Present Clerk Gamiotea serving for Secretary Clement Present Present III. MINUTES Secretary. IV. AGENDA Chairperson. CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS DECEMBER 18, 2008 SUMMARY OF BOARD ACTION Chairperson Maxwell called the December 18, 2008 meeting to order at 6:00 p.m. PAGE 1 OF 5 A. Motion to dispense with the reading and approve the Summary of Board Member McCoy motioned to dispense with the reading and approve the Summary of Board Action for the November Action for the November 12, 2008 regular meeting. 12, 2008 Regular Meeting; seconded by Member Hoover. VOTE MAXWELL -YEA HOOVER -YEA TORRES -YEA MCCOY -YEA BURROUGHS YEA MORGAN YEA O'CONNOR YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Chair Maxwell added new business items to be presented by Mr. Burroughs under New Business and recognize a departing agenda. Board Member's resignation. 287 28 V. CONSIDER PETITIONS AND APPLICATIONS. A. Application No. 08- 007 -SSA submitted by Muhammad Nooruddin. 1. Hear from Planning Staff to change land use from MF to C for property located at 104 8111 NE 11 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. Petition No. 08 -008 -R submitted by Colin Cameron, Esq P.A. 1. Hear from Planning Staff to change zoning designation from CPO to PUB for property located at 403 NW 2" Avenue. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment Chair. 4. Close Public Hearing Chair. MAXWELL-YEA HOOVER -YEA BURROUGHS -YEA MORGAN -YEA DECEMBER 18, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS- PAGE 2 OF 5 Mr. Brisson presented the application and the Staff recommendation of approval stating the property is consistent with the Comprehensive Plan Use Categories and Plan Policies. Muhammad Nooruddin addressed the Board stating the property will be used for an office. Chair Maxwell opened the Public Hearing for comments. No comments. Chair Maxwell closed the Public Hearing Survey needs to be updated to show correct surrounding property uses. Member Burroughs moved to find Application No. 08-007 -SSA consistent with the Comprehensive Plan and recommend approval to City Council to change land use from MF to C for property located at 104 8111 NE 11t, Street; seconded by Member O'Connor. VOTE Application No. 08-009 -R final hearing will be January 6, 2009before City Council. Mr. Brisson presented the petition and Staff recommendation of approval stating the requested zoning change is consister with the Comprehensive Plan Use Categories and Plan Policies. Attomey Jeff Fadley appeared for Attorney Cameron and reviewed the highlights of the petition, stating long time use of the Property. Chair Maxwell opened the Public Hearing for comments. No comments. Chair Maxwell closed the Public Hearing. TORRES YEA MCCOY YEA O'CONNOR YEA MOTION CARRIED. V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. 5. Petition No. 08- 008 -R- continued. Board Discussion. 6. Consider motion and vote. C. Petition No. 08-011 -R submitted by Muhammad Nooruddin. 1. Hear from Planning Staff to change zoning designation from RMF to CHV for property located at 104 8111 NE 11 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. Note: This Petition is associated with Application No. 08-007 -SSA. None DECEMBER 18, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS PAGE 3 Member Burroughs moved to find Application No. 08-008 -R consistent with the Comprehensive Plan and recommend approval to City Council to change zoning designation from CPO to PUB; seconded by Member McCoy. VOTE MAXWELL YEA HOOVER -NAY TORRES -YEA MCCOY YEA BURROUGHS YEA MORGAN YEA O'CONNOR YEA MOTION CARRIED Petition No. 08-008-R final hearing will be January 20, 2009 before City Council. Mr. Brisson presented the petition and Staff recommendation of approval stating the requested zoning change is consistent with the Comprehensive Plan Use Categories and Plan Policies. Staff Report was based on incorrect requested zoning. Muhammad Nooruddin addressed the Board stating CPO is the zoning being requested for the property. Chair Maxwell opened the Public Hearing for comments. No comments. Chair Maxwell closed the Public Hearing. None. Member O'Connor moved to find Application No.1 -R consistent with the Comprehensive Plan and recommend approval to City Council to change zoning designation from H and RMF to CPO; seconded by Member Hoover. VOTE MAXWELL YEA HOOVER -YEA TORRES YEA MCCOY YEA BURROUGHS YEA MORGAN YEA O'CONNOR YEA MOTION CARRIED. Application No. 08-010 -R final hearing will be January 20, 2009 before City Council. 9 24 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. D. Petition No. 08-012 -SE submitted by Kendall S. Phillips P.E. 1. Hear from Planning Staff to allow drive through services, ref.90- 283(1) for property located at 1100 S Parrott 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. IV. NEW BUSINESS A. Consider any additional requests for amendments to the City's Land Development Regulations Chairperson. ITEMS ADDED TO AGENDA: 1. Sign Ordinance. 2. Historical Preservation Ordinance. DECEMBER 18, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS PAGE 4 OF 5 Mr. Brisson presented the petition and Staff recommendation of approval stating the request meets requested criteria compatible with surrounding properties, and meets standards. The request will, however generate more traffic than previous use. Mr. Phillips addressed the Board and advised DOT was not allowing the site to has a driveway accessible from 441, tho driveway would have to be removed and the entrance would be from SW 11 Street. Chair Maxwell opened the Public Hearing for comments. No comments. Chair Maxwell dosed the Public Hearing. None. Member Burroughs moved to approve Petition No. 08- 011 -SE to allow drive through services, ref. 90- 283(1) fc property located at 1100 S Parrott Avenue; seconded by Member Hoover. VOTE MAXWELL YEA HOOVER -YEA TORRES YEA MCCOY YEA BURROUGHS YEA MORGAN YEA O'CONNOR YEA MOTION CARRIED. There were no amendments to the LDR's presented at this meeting. Member Burroughs noted the sign ordinance was still unresolved and questioned whether staff would resume its progre:: after the first of the year. The pending litigation regarding billboards was also briefly discussed. Member Burroughs reported having a draft copy of a historical preservation ordinance to city staff two months ago. 1 1 1 IV. NEW BUSINESS CONTINUED. A. 3. Commercial overlay. 4. Resignation of Board Member Mike O'Connor. 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 t be based. General Services media are for the sole purpose of backup for official records of ATTEST: lier AO Betty ent, Secretary Devin Maxwell, Chairperson 291 DECEMBER 18, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS PAGE 5 OF 5 Member Burroughs stated the Board needs direction. Chair Maxwell inquired of Mr. Brisson if this was part of Evaluation and Appraisal Report (EAR)? Mr. Brisson replied EAR takes a while, another year to eighteen months to the EAR, and the adoption time. It can be done as a separate amendment, normally I would otherwise address during the EAR. It is a major issue. Determination will be made by City Council, but Mr. Brisson recommends doing the overlay at the time of EAR. Chair Maxwell read Member O'Connor letter of resignation into the record. His resignation is due to being elected to serve on City Council. There being no further items, Chair Maxwell adjourned the meeting at 6:40 p.m. CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS HAND WRITTEN MINUTES DECEMBER 18, 2009 I. CALL TO ORDER- Chairperson: December 18. 2008, Planning Board/Board of Adiustment and ADDeaIs Reaular Meetina 6:00 D.M. 11. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE Secretary. Present Chairperson Maxwell Vice Chairperson Hoover Board Member Burroughs v Board Member Keller Board Member McCoy Board Member Morgan Board Member O'Connor Altemate Torres VOI iM m Qk9 Alternate Brass Senior Planner Brisson Attorney Cook V Secretary Clement M. MINUTES Secretary. Absent Page 1 of 10 A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the November 12, 2008 regular meeting. MOTION: me—e- moved to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the November 12, 2008 regular meeting; seconded by IA- IV. AGENDA Chairperson. DECEMBER 18, 2008 PB /BOA MINUTE GUIDE PAGE 2 OF 10 A. Requests for the addition, deferral or withdrawal of items on today's agenda. odd u;c -P D 61,0)-01676 V. CONSIDER PETITIONS AND APPLICATIONS. A. Application No. 08- 007 -SSA submitted by Muhammad Nooruddin. 1. Hear from Planning Staff to change land use from MF to C for property located at 104 111 NE 11 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. DIS USSION: 6.04. c es cyji__ Peurd 3-I5- 3 3S- 06 I CY_ ko- I gO -4- 0!7D kf r I e_mc n e t4 dL- g4C(S m i�'1� han 0 9CW 14) Oxf Offla_ 7 a ?,O�t.C' l,4 )(2J Q�t1 Bohr. PwL Ni 1 r oak o� Dats- DA °p htfutZed wo Q6(zz i o ,o ec0 suA) (0_ Ls h-aey ?.tias fr 13 ULU 06,61 (A f6)4Q1 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. DECEMBER 18, 2008 PB /BOA MINUTE GUIDE PAGE 3 OF 10 DECEMBER 18, 2008 PB /BOA MINUTE GUIDE PAGE 4 OF 10 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. MOTION: TeD moved ti a pro deny Application No. 08- 007 -SSA consistent with the Comprehensive Plan and recommend to City Council to chan e land use from MF to C for property located at 104 111 NE 11' Street; seconded by m VOTE: MAXWELL HOOVER BURROUGHS KELLER MCCOY MORGAN O'CONNOR TORRES BRASS RESULTS YEA a 1992/AA- a b ,4 CAR DENIED NAY ABSTAIN B. Petition No. 08 -008 -R submitted by Colin Cameron, Esq P.A. 1. Hear from Planning Staff to change zoning designation from CPO to PUB for property located at 403 NW 2" 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. DECEMBER 18, 2008 PB /BOA MINUTE GUIDE PAGE 5 OF 10 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. DISCUSSION: _Lza,AnZ dad il.t6101 5vid ke j-10,1 :f 37- 3s Ooi 6 0Ioo- cx� 1�. ,(AP /01 LA,V33 Mc( 775 optz,,,5`ilucitiA 13a.u/ ct I�Cu Amtt do c' ccfL q 4G4 a 1)1(1.16 e CLCIA Cw fi r: l2 /a4.oct 04LOA we/69 (10, 0,0{ G 1ti (f L c. Qpp n, 'C `(i t J 0 f1 L of C` /2/ P bLtc )\k cr.} ,._S P Yaki' t_Jiil (Gnu DECEMBER 18, 2008 PB /BOA MINUTE GUIDE PAGE 6 OF 10 V. 6dONSIDER PETITIONS AND APPLICATIONS CONTINUED. MOTION: T moved tr u rov eny Application No. 08 -008 -R and find consistent with the Comprehensive Plan and recommend to City Council to chang.elie Zoning Designation from CPO to PUB for property located at 403 NW 2n Avenue; seconded by i'l VOTE: MAXWELL HOOVER BURROUGHS KELLER MCCOY MORGAN O'CONNOR TORRES BRASS RESULTS YEA ia_ II ,V/ CARRIED DENIED NAY ABSTAIN C. Petition No. 08 -011 -R submitted by Muhammad Nooruddin. 1. Hear from Planning Staff to change zoning designation from RMF to CHV for property located at 104 111 NE 11` 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. Note: This Petition is associated with Application No. 08- 007 -SSA V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. DECEMBER 18, 2008 PB /BOA MINUTE GUIDE PAGE 7 OF 10 DISCUSSION: L-f a,66 hLotia) it_c.. tf.,2606(AtRAZL kr) fla 01 V 4 l 111 p_141,10Auv,i tt.)44 coL AXIAd g/O 0 Cub j 'kg N rp,o 1-(0 1,f4(44 ,1 ,0/1(.0/» Pcch(th LJvve-Ni V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. VOTE: QUSAI JUDICIAL MAXWELL HOOVER BURROUGHS KELLER 0 MCCOY MORGAN no vr) O'CONNOR TORRES BRASS oba RESULTS D. Petition No. 08- 012 -SE submitted by Kendall S. Phillips P.E. DECEMBER 18, 2008 PB /BOA MINUTE GUIDE PAGE 8 OF 10 MOTION: 0 I 0 moved to ppr• /deny Application No. 08 -011 -R and find consistent with the Comprehensive Plan and recommend to City Council to change the,Zoning Designation from RMF to ,feltrfor property located at 104 111 NE 11 Street; seconded by 44 NAY ABSTAIN DENIED 1. Hear from Planning Staff to allow drive through services, ref.90- 283(1) for property located at 1100 S Parrott 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. D CUSSION: pp-� 11 IV pi V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. IA) t, l .Q_ O ct_lt A. ate �il a n Ctst v AAA S( 1(Yh2 i l/ /o// 1,5 d &)(,e0 ,bda 1 JaA,cae_ hAt,,,c1 u_ -044dLe___PJ/40 L+.o (J)Q tuD hap h A 6 DECEMBER 18, 2008 PB /BOA MINUTE GUIDE PAGE 9 OF 10 mO a,m VI. DECEMBER 18, 2008 PB /BOA MINUTE GUIDE PAGE 10 OF 10 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. MOTION: VOTE: moved to r :J• ro deny Petition No. 8 &1 -1-R- to alto rive,�t services, ref.90- 283(1) for property located at 1100 S Parrott Avenue; seconded by /4 I MAXWELL HOOVER BURROUGHS KELLER MCCOY MORGAN O'CONNOR TORRES BRASS RESULTS VII. ADJOURNMENT Chairperson ab szvd 1/' AhseA, YEA NAY CARRIED} DENIED o ohs rn e ti .S- e4A-4-e, C04W1 f NEW BUSINESS CONTINUED. cto p.m. ABSTAIN A. r i onc ‘24. i .(cL, JLL kbs., a ted A. Consider any additional requests for amendments to the City's Land Development Regulations Chairperson. CGS teA n a oc.A (ia4 492.c L /2 -Ifni CvL c/ coo /6 be c✓®z ,Sane uta 13Le do ao coo PCB Tb o4 G`ti ox ‘,b(0 Luu-s-00 Vt-t- 00-7AAA 04- ct L.5 \Yam- 'Wi;ucik_ c5tu-P,-) .„())7)u7 ifttdi -licie-/dx) -I o bue icatd &L I el 4,ti Olit Xit- locoAcP „oaf Viic V(i/L0 0A-ete 1_?A04) Viti /0Adal4t1 Ciofi W-ti;t1 ht J 6 cam. kLill cdiertu P oLo- Wce. e December 18, 2008 City of Okeechobee To: Honorable Mayor Jim Kirk Members of the Okeechobee City Council City Administrator Brian Whitehall Ref: Okeechobee City Planning, Zoning and Appeals Board This letter is to serve as my resignation from the Okeechobee City Planning, Zoning and Appeals Board, effective as of this date. This is being done so that 1 may serve in my newly elected capacity as a member of the Okeechobee City Council. In my 3 years of serving on the City Planning, Zoning and Appeals Board, I became very aware of how important this board is to the City Council. The Planning Zoning and Appeals Board have to make critical decisions that impact the entire city of Okeechobee as well as withstanding pressure applied by residents and members of the City Administration. It is my hope that the professionalism, time and research efforts put forth by the members of the City Planning, Zoning and Appeals Board are never taken for granted and that they are appreciated for each decision made that ultimately benefits the City of Okeechobee. It has been my pleasure to serve on the City Planning, Zoning and Appeals Board; I look forward to working with this board in my new capacity as City Council Member. Sincerely, Pa/frit-, Mike O'Connor 55 S.E. Third Avenue Okeechobee, Florida 34974 -2903 (863) 763 -3372 Fax: (863) 763 -1686 III. MINUTES Secretary. IV. AGENDA Chairperson. CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING DECEMBER 18, 2008 OFFICIAL AGENDA I. CALL TO ORDER: Planning Board /Board of Adjustment and Appeals, December 18, 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 Malissa Morgan Alternate Osiel Torres Alternate Karyne Brass Attorney John R. Cook Senior Planner Bill Brisson General Services Secretary Betty Clement A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the November 12, 2008 regular meeting. B. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 3 V. CONSIDER PETITIONS AND APPLICATIONS. A. Application No. 08- 007 -SSA submitted by Muhammad Nooruddin. 1. Hear from Planning Staff to change land use from MF to C for property located at 104 111 NE 11' 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. Petition No. 08 -008 -R submitted by Colin Cameron, Esq P.A. 1. Hear from Planning Staff to change zoning designation from CPO to PUB for property located at 403 NW 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. C. Petition No. 08 -011 -R submitted by Muhammad Nooruddin. 1. Hear from Planning Staff to change zoning designation from RMF to CHV for property located at 104 111 NE 11 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. Note: This Petition is associated with Application No. 08- 007 -SSA V. CONSIDER PETITIONS AND APPLICATIONS. D. Petition No. 08- 012 -SE submitted by Kendall S. Phillips P.E. 1. Hear from Planning Staff to allow drive through services, ref.90- 283(1) for property located at 1100 S Parrott 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 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. DECEMBER 18, 2008 PBIBOA AGENDA PAGE 3 OF 3 City of Okeechobee General Services Department 55 S.E. 3 Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Comprehensive Plan Map Amendment Application and Checklist Please Check One: Small Scale Amendment (Under 10 Acres) Large Scale Amendment (Over 10 Acres) Name of property owner(s): m u I MINIM N OP &AM Q x qt-IE, Owner mailing address: Name of applicant(s) if other than owner (state relationship): Applicant mailing address: Applicant e -mail address: J 7IU /0 f /V 6 wet- c6w Name of contact person (state relationship): m hitvv,9wej L t oD i (ee,✓VC,' Contact person daytime phone(s): 471 /U Il,t d n, N g63- 7 3-17 7 3 Fax: P6 3 7634 Property address directions to property: 1 tik s" Parcel Identification Number: 3= P S- 3- 5 Ol d- 00 so__ a/ g o Size of the Property (in acres): 698 Current Zoning Designation: Current Future Land Use Designation: M F Existing Use of the Property: 1-1-6 Proposed Future Land Use Designation: net/f f:11-77//? y Mn e Y e /vtic Proposed Use of the Property: 0 oYn e I it Uniform Land Use Application (rev 7/08) Description of Surrounding Properties: n2 1 4 "/y ifsT s c ftt aln W ..5t C 0- V D <(7u +A v- 6;,,, Legal Description of the Property (Lengthy Description May be Attached): HI N/ i i i 5t. uZCeeci,v&a Fc 301 7; 3 -►c- 37 -3)- t�oio bo l S 31- '3S 00 /0 O 040.- Q /7v /l/D T /7L /g6 /c Page 1 of 2 1 Survey of Property (11" x 14 20" Scale) $500.00 Application Fee (non- refundable) Note: Resolution No. 98 -11 When the cost for advertising, publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual cost. Letter Outlining Request City Location Map (f` Notarized Letter of Owner's Authorization 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 $500.00 and imprisonment of up to 30 days and may result in the summary denial of this applicatio d l iud47n/n l Signature Printed Name Checklist for Comprehensive Plan Amendment applications 1 2 3 4a 4b 4c 4d 5 6 Completed and signed application Applicants letter outlining request Notarized letter of consent from owner Property survey certified boundary survey, date of survey, surveyor's name, address and phone number Legal description on survey Computation of total acreage to nearest tenth of an acre on survey G k Drawing size 11 x 17, if larger size, submit 13 copies City location map within 100 feet of subject property Application fee (non refundable) 500.00 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. Necessary only when the applicant is different from the property owner. Uniform Land Use Application (rev. 7/08) 10 )0 g4/07 Date 0 r.1 f'3f 0` t E (30 Page 2 of 2 Okeechobee County Property Appraiser Map Printed on 10/30/2008 9:21:15 AM i.3a 5 1 ,5 13540.1 8O AM SAAHO 4i,t4P L .$LS.rAKPoR Okeechobee County Property Appraiser W.C. "Bill" Sherman, CFA Okeechobee, Florida 863 -763 -4422 PARCEL: 3- 15- 37 -35- 0010 00180 -0180 CITY OF OKEECHOBEE LOTS 18 19 Name:A M S A HOLDINGS LLC SHAKOOR Site: 111 NE 11TH ST, OKEECHOBEE Mail: PO BOX 448 OKEECHOBEE, FL 349730448 Sales 8/30/2007 $0.001/ U Info 3/17/2005 $151,000.001 U 10/5/1999 $0.001/ U SINGLE FAM (000100) BLOCK 18 LandVal $23,750.00 BldgVal $83,024.00 ApprVal $106,774.00 JustVal $106,774.00 Assd $106,774.00 Exmpt $0.00 Taxable $106,774.00 24A 3 &O ft This information, Last Updated: 10/9/2008, 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 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. 1 Page 1 of 1 http /okeechobeepa.com/GIS/Print Map. asp? pjboiibchhjbnligcafcefocnfkfdfefdbblejngb 10/30/2008 10 /31/08 To whom it may concern: I art Planning to convert Commercial to shift my existing property of fice only. mY Big lake ho t1 (See Attached Application) me Health services office. Not a publizoned place It will be used Just for M ulti family to If you have place any question, Please call me at 863-763-7773 Sincerely i Muhammad Nooruddin Parcel ID Number. 345- 37 -35- 0010 -00180 -0170 Prepared by and return to: PHYLLIS WALKER Okee -Tonne Title Company, Ire. 103 NW 6th Sued Okeechobee, Florida 34972 FILE NO. 29330 Indenture, Executed this August 30, 2007 A.D. Between NA W.1LGEN and MARY A. ILGEN, HUSBAND and WIFE, is 867 CLIFF TOP ROAD, BLAINE, IN 37709, hereinafter called the grantor, to A.M.S. OLDINGS, LLC, A FLORIDA LIMITED LIABILITY, AND ARIF SHAKOOR, whose dress is: P.O. BOX 448, OKEECHOBEE, FLORIDA 34973, hereinafter called the grantee: et the tam "grantor' and "grantee' include all the parties to this irutrutsert and the bein, legal representatives and assigns of successors and assigns of corporations) Witn that the grantor, for and in consideration of the sum of Ten Dollars, (510.00) and other valuable considerations, race whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all the 1 s land situate in Okeechobee County, Florida, viz: Legal Description as Parcel ID Numbe 35- 0010 001804170 d Subject to covenao easements of record and taxes for the current year. Together with all the to To Have and to Hold, And the grantor hereby covenants grantor has good right and lawful authority to will defend the same against the lawful claims accruing subsequent to December 31, 2007. In Witness Whereof, the said d and sealed these presents the day and year first above written. Signed sealed and delivered in our presen Witness Primed Name Witness Printed Name 1111111111111111111 11111111 bereditaments and appurtenances thereto belonging or in anywise appertaining. simple forever. FILE NUM 2007012092 OR BK 00638 PG 0879 SHARON ROBERTSON. CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 09/04/2007 04:39:24 PM RECORDING FEES 18.50 DEED DOC 1.015.00 RECORDED BY N Arnold P9s 0879 8801 (2pos) said grantee that the grantor is lawfblly seized of said land in fee simple; that the convey said land; that the grantor hereby fully warrants the title to said land and whomsoever; and that said land is free of all encumbrances except taxes DONALD W. ILGEN Address: 867 CLIFF TOP ROAD, BLAINE, TN 37709 (Seal) State of TENNESSEE County of The foregoing instrument was acknowledged before me this August 30, 2007, by DONALD W. 'WEN and MARY A. ILGEN, HUSBAND and WIFE, who is/are personally known to me or who has produced a drivers license as identification. army ..PUBLIC 1 4.tar a4a4P" d Prtot Noma GG.... i MY COMM SION EXPIRES FEB. 4, 2008 My Commissloo Expires Book638 /Page879 CFN #2007012092 Page 1 of 2 Exhibit "A" LOTS 17, 18 AND 19, BLACK 18, OKEECHOBEE, ACCORDING TO THS PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID LAT BEING ALSO RECORDED N PLAT BOOK I, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA ALSO RECORDED III PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF KEECHOBEE COUNTY, FLORIDA 0 a �V" o� a Cam File Number. 29330 tai Description with Non lionneetod Book638 /Page880 CFN #2007012092 Page 2 of 2 DESCRIPTION: LOTS 17, 18 19 OF BLOCK 18 OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: 104 NW 11th STREET F.I. ZONE: PARCEL LIES WITHIN THE CITY LIMITS OF OKEECHOBEE FLOOD ZONES HAVE NOT BEEN DETERMINED IN THIS AREA LOT 13 LOT 14 LOT 15 LOT 16 E 1 E/P d/3 E/P STANDARD NOTES: 1. No search of the pub performed by the sur 2. The survey depicted 3. No responsibility or li 4. Not valid without the 5. There are no visible 6. No attempt was mad 7. This survey was prep Surveyors and Mappe NOTES PREPARED FOR THE EXCLUSIVt USE OF: FAEED KAHN MUHAMMAD NORUDDIN GULFSTREAM BUSINESS BANK A.M.S.A. HOLDINGS LLC. DESCRIPTION REFERENCE: DRE BEARING REFERENCE: BREF 15' TRADEWINDS 200SW 3r. AVENUE Okeechobee, FL 34974 Tel: (863) 63 -2887 LOT 10 47.5' PLAT CHW D IRC (HOOVER) 47.5' PLAT too LOT 17 FND IRC (TWPS)( 47. F' PI AT FND IRC (HOOVER) g' I7#o,if,a,t eir-u -LG 11 Certificate of uthorization No. LB 6719 4' CHAINUNK FENCE E/P =nnet A. eaux, Jr. (PSM 820 P 1 15' ALLEYWAY N 89'57'23" W 142.59' FND IRC (TWPS) �FND IRC (TWPS) 47.5' PLAT 47.5 PLAT TYPICAL WOOD OWER POLE 22.2' E/P d/3 d/3 LOT 9 47.5' PLAT 47.5' PLAT FNR, IRC (TWPS) N89'58'12 "W 142.59' NE 11th STREET 70' R/W is records for determination of ownership or restrictions affecting the lands shown was yor. ere is prepared exclusively for those parties noted. bility is assumed by the surveyor for use by others not specifically named. signature and embossed seal of Florida licensed surveyor and mapper #4820. bove ground encroachments except as shown. to locate underground improvements and /or encroachments (if any) as part of this survey. red in accordance with minimum technical standards established by the Florida Board of s (Chapter 61G17 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. No search of the public re•ords for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prep red exclusively for those parties noted and is not covered by professional liability insurance. 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 a Florida licensed surveyor and mapper. OKEE —TANTI TITLE INSURANCE COMPANY, INC. TICOR TITLE INSURANCE COMPANY FIRST AMERICAN TITLE INSURANCE COMPANY UNITED GENERAL TITLE INSURANCE COMPANY LOT 8 47.5' PLAT LOT 18 I LOT 19 BLO K 18 1 50.2' CONCR� 50.5' RESIDENCE ENCE 150.5' X CONC t U 0 22.3 8 DRIVEWAY rl IlyFRT FND IRC (HOOVER) CONC. ENCROACHES 5.1' 47.5' PLAT FND DRILL HOI.E N d m 0 O 0 d/3 d/3 1 inch 30 ft. G RAPHIC SCALE 30 0 15 30 I 0) 0 O o LOT 20 eFENCE o.1'W o.S CONC. ENCROACHES 4.3' L UNU. ENK:KUHUHES 1.1 E/P E/P woo.. OOOOOO DESCRIPTION DATE BY CK BOUNDARY SURVEY 07 -18 -07 KB KB FB /PG: SEE FILE SCALE: BOUNDARY SURVEY FILE: 13347- 071807. DWG JOB NO: 13347 LEGEND 0 —Set Iron Rod and Cap PSM 0 —Found CM —Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS ft= Baseline; BM=Benchmark; =Centerline; C= Calculated; CATV =Cable TV; CM= Concrete Monument; CONC =Concrete; D =Deed; 0 =Delto or Central Angle; E =East; E'LY =Easterly; E/P =Edge of Pavement; ESMT =Easement; F.I.R.M. =Flood Insurance Rate Map; FND =Fourfd; IP =Iron Pipe; IR &(C) =Iron Rod (ond ID Cop); 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; R =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 Uttlitiy and Drainage; R =Radius; R/W =Right -of -Way. S= South; S LY= Southerly, T= Tangenti TEL =Telephone Splice or Switch Box; W =West; W'LY= Westerly. UTIL= Utility(ies); =Spot Elevation based on indicated Datum. LaRue Planning Management Services, Inc. Staif Report SmaII scale Comprehensive PIan Amendment Applicant: Muhammad Nooruddin From: Multi Family To: Commercial Petition No. 08-007-SSA 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 334 -3366 Fax: 239 334 -6384 Staff Report Small Scale Amendment Applicant: Muhammad Nooruddin Petition No.: 08- 007 -SSA General Information Owner /Applicant: Applicant Address: Applicant Phone Number: Applicant Fax Number: Applicant E -mail Future Land Use Map Classification Zoning District Use of Property RMF Single Family Residence Acreage 0 488 acres Location: 104 111 NE 11 Street Muhammad Nooruddin PO Box 448 Okeechobee, FL 34972 863- 763 -7773 863 763 -6619 Nooruddin64( amail.com Existing Proposed Residential Mufti- Family Commercial CHV Professional Office 0 488 acres Legal Description: LOTS 17, 18, AND 19, BLOCK 18 OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5 PAGE 5 OF THE 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 Multi Family Residential to Commercial for three city lots comprising 0 488 acres of land on the north side of NE 11 Street between US 441 and NE 3 Avenue. The Applicant has also submitted an application to rezone the property from RMF to CHV to accommodate a home health care office. 1 Staff Report Small Scale Amendment Applicant: Muhammad Nooruddin Petition No.. 08- 007 -SSA Adjacent Future Land Use Map Classifications and Zoning Districts North: East: South: West: Future Land Use Map Zoning District: Existing Land Use: Future Land Use Map Zoning District: Existing Land Use Future Land Use Map Zoning District: Existing Land Use: Future Land Use Map Zoning District: Existing Land Use. Classification: Classification: Classification: Classification: Commercial RMF Single family residence Multi Family RMF Vacant Commercial RMF Single family residence Commercial CHV Commercial offices General Analysis and Staff Comments Based on the size of the property (0.488 acres) and the history of Small Plan Amendments approved by the City over the past 12 months, this application qualifies under Chapter 163, F.S as a Small Scale Amendment to the Comprehensive Plan In July of 2007, the City approved an SSA changing the Future Land Use desig- nation on this property from Commercial to Multi Family Residential to allow for construction and operation of an Assisted Living Facility (ALF). The Applicant has subsequently determined that the property is not of sufficient size to accommodate the facility he originally envisioned, and now wishes to operate an office for his home health service. This use requires commercial zoning. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and and uses of surrounding areas, and shall discourage urban sprawl. The proposed office use for the property is consistent with the Commercial Future Land Use Category and the policies that govern this category. The requested Commercial future land use designation is consistent with the general pattern of commercial expansion evident in this area east of US 441. Considering the pattern of prior approvals involving other lands similarly situated, it is Staff's opinion that the requested amendment is consistent with recent City policy and the Comprehensive Plan. 2 Staff Report Applicant: Muhammad Nooruddin Small Scale Amendment Petition No.: 08- 007 -SSA 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 limited intensity of potential commercial development, Staff believes that OUA has sufficient capacity to accommodate the water and sewer needs that would be associated with development of the subject property, particularly in Tight of the fact that up until July of 2007, the property carried a Commercial future land use designation and a home health care office could have been permitted as a matter of right. Similarly, demand for Solid Waste collection and disposal should be minimal and traffic generation is not likely to exceed that normally associated with businesses in close proximity to major arterial roadways. C. Compatibility with Adjacent and Nearby Land Uses The Florida Community Health Center is located immediately adjacent to the western boundary of the subject property and the property to the east is vacant. Despite the fact that the property to the north contains a single family residence and a mufti-family use is situated to the south across NE 1 1 th Street, Staff believes the policy of the City regarding properties within a block or two of US 441 in this general area envisions gradual transition to commercial use There appears to be an increasing interest in medical /health care related uses and other professional offices in the northern part of the City due, at least in part, to the hospital just north of the city limits. The requested land use change is consistent with this trend and the pattern of land uses in the general vicinity. Such uses are compatible with the multi family uses scattered in the vicinity as well as the vacant lands now designated for multi family use on the Future Land Use Map. Nearby residential properties can be suitably buffered from any potential negative impacts of commercial development. Recommendation Staff recommends approval of the Applicant's request to amend the Future Land Use Map from Mufti-Family to Commercial. Submitted by: James G LaRue, AICP December 9, 2008 Planning Board hearing: December 18, 2008 City Council Hearing: January 6, 2008 Attachments Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial 3 Staff Report Applicant: Muhammad Nooruddin Small Scale Amendment Petition No.: 08- 007 -SSA aboard C aline Raiilro H Nooruddin Site ad SINGLE FAMILY MULTI FAMILY RESIDENTIAL MIXED USE oar COMMERCIAL INDUSTRIAL PUBLIC FACILITIES FUTURE LAND USE NOORUDDIN SITE AND ENVIRONS NE 11frySt. r231.11111 I Z NE 10th St. 300 0 300 600 Feet 4 Ell Staff Report Small Scale Amendment Nooruddin Site H L RSF 1 (L_] RMH RSF2 ri RMF CPO CLT CBD CHV in I ND PUB PUD-R PUD-M ZONING NOORUDDIN SITE AND ENVIRONS Applicant: Muhammad Nooruddin Petition No.: 08- 007 -SSA 300 0 300 600 Feet 5 Staff Report Small Scale Amendment Okeechobee County Property Appraiser's Aerial Applicant: Muhammad Nooruddin Petition No: 08-007 -SSA 6 City of Okeechobee General Services Department 55 S.E. 3` Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 2 3 4 4a 5 6 8 9 110 11 12 13 14 15 16 17 Name of property owner(s): Okeechobee County c/o Cassels and McCall Owner mailing address: 403 NW 2nd Street Okeechobee, FL 34972 Name of applicant(s) if other than owner ARC/ Okeechobee Rehabilitation Applicant mailing address: e -mail address: Name of contact person (state relationship): Colin M Contact person daytime phone(s): 863- 763 -8600 Property address /directions to property: 403 2nd Ave Okeechobee, FL 34972 Describe current use of property: Describe improvements on property (number /type buildings, dwelling units occupied or vacant, etc. Approx. acreage: 1.425 Is property in a platted subdivision? No Is there a use on the property that is /was in violation of a city or county ordinance? If so, describe: Is a pending sale of the property subject to this application being granted? No Describe uses on adjoining property to the North: North: Business Office East: Drug Store Residence Ch Fulford Appraisal, Wright Dental South: West: Office Harvin Law Office and Vaca t Hous Existing zoning: CPO Future Land Use classification P U 6 Request is for: (X) Rezone (X) Special Exception Variance as applicabl Parcel Identification Number: 3- 15- 37 -35- 0010- 01070 -0070 )EIl1,!IE Applicant's statement of interest in property 99- year lease dated July 23, 1992 Revised 7/08 Date: (W Q'6 Petition No. 08 -008 —R Fee Paid: 0 .0 Jurisdiction: p 2 Ce_ 1" Hearing: al J g 10 9( 2" Hearing: 11 L..1. Publication Date Notices Mailed: c/o 200 NE 4th Ave Okeechobee, FL 34972 gatorlst @okeechobee.com Cameron es P p, ARC/ Okeechobee Rehabilitation Facility 1 Building occupied with Administration, Office Classrooms, Storage and Thrift Store. Thrift Store as part of educational facilities Page 1 of 10 18 19 20 21 22 23 23 25 26 27 28 29 30 Non refundable application fee: Rezoning $500; Special Exception: $250; Variance: $250; all plus $30 /acre previously paid 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. Last recorded warranty deed previously provided Notarized letter of consent form property owner (if applicant is different from property owner) previously provided Three property surveys (one no larger than 11" x 17 containing: previously provide 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 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) previously provided Affidavit attesting to completeness and correctness of the list (attached) previously provided Current zoning classification: PO Requested zoning classification l oc i 6 What is the desired permitted use and intended nature of activities and development of the property? To continue existing teaching facility for disabled citiz by allowing use of a Thrift Store as a teaching and educe program. Is a Special Exception necessary for your intended use? We do not believe so Is a Variance necessary for your intended use? We do not believe so Applicant's materials addressing required findings for granting a rezoning (attach). ens tion Describe the Special Exception sought: Identical to all previous uses, i. e. operation of administrative offices, classroom facilities to assist in training, education and gainful employmen of persons with disabilities, including nursery and retail train]. Are there similar uses in the area? If so, describe them: only to the extent of "on the job "training by local businesses for new employees One Stop Career Center is a few blocks away. 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: Providing an educational and job training prograu to persons with disabilities. Revised 7/08 Page 2 of 10 ng. 31 32 33 34 35 36 37 38 39 Applicant's materials addressing standards for granting a special exception (attach) Applicant's materials addressing findings required for granting a special exception (attach) Describe the Special Exception sought: Continued use of the property for the public purpose of conducting training and educational programs for persons with disabilities. Describe the physical characteristics of the property that make the variance necessary. None known Did you cause or contribute to the characteristic necessitating the variance? If so, describe: No What is the minimum variance necessary? Allow continued use for public purpose of providing training and educational programs for persons with disabilities Applicant's materials addressing standards for granting a variance (attach) Applicant's materials addressing findings required for granting a variance (attach) 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 ao-z. di A g/I*6:40,1 IdG4 cfr Revised 7/08 Page 3 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. 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 pattems. 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. Revised 7/08 Page 4 of 10 Telephone: perty .Address: arcel Tax ID Member: iTam e of Applicant !Home Telephone: of g Address: Owner "9-fter.-1" ckc_dt G ie"C.4.4 7 kc:=. Pc:Dete_7 CLEkk Owner Notary Public Crornmksi nes: City of Okeechobee Planning Department 55 SE 3rd. Ayenne; Okeechobee, FL 34974 Phone (941) 763-3373 Fax (941) 763-1686 LAND USE POWER OF ATTORNEY Name ofPinperty Owner(s): Okeechobee County c/o Cassels and NcCali 400 NW.2nd Street, Okeechobee, FL 34972-4106 N/A Work Telephone: 863 403 NW 2nd Street, Okeechobee, FL 34972 3-15 Okeechobee Rehabilitation Facility, N/A Work Telephone: 863-753-2419 eUndersigned, being the record title owner(s) ofthe real property descn1ed above., do hereby grant unto the Applicant stated above the BD riglitan power of attomeyto nuke application to the City of Okeechobee to change the land use of said property. This land use change may include i ezonn g of the property, the granting of special exceptions or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitretions and restrictions may be laced upon the use or operation of the property. Aftsstatinerxts upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification_ This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THF-11k. HANDS AND SEALS DAY OF &&--41. }91419,, Wjta6is ;erA27 4:7/fweCA6cfee Co.s/nik 2pez2„ rl. afore me the midereigned authority perscnally appeared the owner(s) named above wh sworn. acknowledged before me thatii3ey are the owner(s) ofthe real prop ey executed the power of attorney fca-the purpose stated therein. 19 being duly above and that and subscaibed this day SI SEAL NAME BATTON ELBERT R BRYANT JERALD D CAROL H CBC MANAGEMENT INC CHURCH OF OUR SAVIOUR EPISCOPA CHURCH OF OUR SAVIOUR EPISCOPA CONNER DEBORAH D FULFORD WAYNE H SR FULFORD T GJC PROPERTIES INC HAMRICK R E TRUST HARVIN WES SR KAY, ETAL. JOY D WORLEY REVOCABLE TRUST K V LAND COMPANY LAND TRUST NO. FOUR MONTESI CRAIG S MARSHA E OKEECHOBEE COUNTY OKEECHOBEE COUNTY OKEECHOBEE COUNTY PATEL KIRAN I KANCHAN K POWMESAMY RUKHOMANI D, ETAL. WILLIAMSON CATTLE COMPANY WRIGHT CLYDE R DEBORAH R WRIGHT J NEAL LINDA LEE WYATT FOREST MATTIE 23 records selected. OWNADDR1 2201 SW 28TH STREET 1789 SW 12TH TERRACE PO BOX 2558 200 NW 3RD ST 200 NW 3RD ST 301 NW 5TH STREET 4600 SW 16TH STREET PO BOX 670 %GIL CULBRETH PO BOX 848 900 E OCEAN BLVD STE 210B 395 SW 28TH TERRACE 490 NE 138TH STREET 745 SE MONTEREY RD 405 N PARROTT AVE %CASSELS MCCALL 507 N PARROTT AVENUE 5000 SW 70TH AVENUE PO BOX 248 12950 NE 18TH AVENUE 307 NW 5TH STREET 106 NW 5TH ST OWNCITY OW OWNZIP OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE STUART OKEECHOBEEE OKEECHOBEE STUART OKEECHOBEE OKEECHOBEE OKEECHOBEE DAVIE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE FL 349740000 FL 34974 FL 349732558 FL 349724125 FL 349724125 FL 349720000 FL 349740000 FL 349730670 FL 349730848 FL 34994 FL 34974 FL 34972 FL 349940000 FL 379720000 00000 00000 FL 349720000 FL 349720000 FL 33314 FL 349730248 FL 349725315 FL 349720000 FL 349722561 Okeechobee County Property Appraiser Map Printed on 10/2/2008 10:19:03 AM Page 1 of 1 Okeechobee County Property Appraiser V'V.C. "Bill" Sherman, CFA Okeechobee, Florida 863- 763 -4422 PARCEL: 3- 15- 37 -35- 0010 01070 -0070 03 COUNTY (008600) CITY OF OKEECHOBEE LOTS 7 TO 12 INC S 47 FT OF LOTS 1 TO 6 INC ALLEY LYING Name OKEECHOBEE COUNTY LandVal $260,580.00 Site: 403 NW 2ND AVE, OKEECHOBEE BldgVal $167,152.00 Mail: ApprVal $427,732.00 00000 JustVal $427,732.00 Sales Assd $427,732.00 Info Exmpt $427,732.00 Taxable $0.00 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. http /www.okeechobeepa.com /GIS/ Print_ Map. asp? pjboiibchhjbnligcafccjfhojiaehdomhlo 10/2/2008 e'a' t �L 8001 4:1: BOARD OF COMMISSIONERS OF EVERGLADES DRAINAGE DISTRICT DEED WHEREAS, the title to the laud hereinafter described becatue vested in the grantor under and by virturc of Section 63, Chapter 14717, Laws of Florida, Acts of 1931, as re-enacted by Section 8, Chapter 20658, Laws of Florida, ,Acts of 1941, or Section 15 (1), Cltapter 20658, Laws of Florida, Acts of 19-11, by tit tine of tax sale certificates or tax liens for Everglades Drainage District taxes, as hereinafter described. and, IIEREAS, the viten:ions of Section 67, Chapter 14/17, Laws of Florida, Acts of 1931, as amended by Section 11, Chapter 20658, Laws of Florida, Acts of 1941, with reference to the manner of selling said land, have been complied with, NOW, THEREFORE, 1+:NOW ALL MEN BY THESE PRESENTS: That the Board of Commis- sioners of Everglades Drainage District for and in consideration of the stun of $___Ofl1 x_._s3.x_te_en__-- Cellt.s _Dollars to it itt hand paid, the receipt whereof is hereby arl has granted, bargained and sold, and by these presents dues grant, bargain, scll and convey unto }�,li. Rt ilex.( son.,.-_& }`__.2"x'1L+9te@_...for_Okeec.2 obee Mejro-X'ial Hospital of _._Ol?eS'Gi1Db, e County, loZ.LC18 the following describer) land, .situate, lying and being itt O.)ceeac b_ee County, Florida. to -wit 619 -1930 3062 -141 1265 -1942 Lot 10, 131k. 107, City of Okeec_ obee e 631 -1930 3151-1941 P1343 -1942. Lots 7 and 8, Elk. 124, City of Okeechobee 5ubjcct to road rights of way and easements existing on the date of this decd. All outstandi valid taxes. Subject tai l$ hotac.7 xxotgt9C �f? Cadet. xt' Mx‘x; T L1Cr'QLatSC2('iIMIXIaY;i9C.Y.X- '1'(-i HAVE AND TO fi1OLD the above granted and described premises unto the said grantee and his heirs, successors and assigns forever. The following reservations shall not apply if the property hcreittabuve described is in area one acre or less The grantor does not sell and convey but hereby expressly reserves for itself, its successors and assigns, fifty percent of all of the oil, gas and other minerals and mineral rights, whether metallic or nonmetallic, which it now owns, in, on and under the surface of the lauds described herein, with the 1 erpctual right of ingress and egress to and front said land for the Purpose of drilling, exploring and mining and itt every w,tv operating ter such minerals and removing the saute. Saving and reserving unto the said 13oard of ComnisSlomet's of Fvcrglades Drainage District, ;mil its successors,- the right at any time to enter upon the said lauds and stake or cause to be made, or constructed thereon, such canals, sluice ware's, dikes and other works as may in the judgment of said ((11,ud, or its sucee.- sors, be necessary and needful for the drainage or reclamation of am' of the lands in the I•Aerglittles Drainage District, and to take front the said lands hereby conveyed and to use such gravel, stone or earth as may in the judgment of the Board, or its successors, be necessary to Ilse in the staking and construction of said canals, cuts, sluice -ways, dikes and other works upon said lands for the purposes aforesaid. And further saving and 'reserving unto the said Board, and its successors, the right to the exclusive possession, occupation, use and enjoyment of a strip of land running across the above described premises, one hundred thirty feet (130') on each side of the center line of any canal, -cut, sluice -way or dike that has been or may be made and constructed on said land by said Board. of Commissioners of Everglades l.)rainagc District, or its successors, for the purposes aforesaid, and the exclusive right to lake, use, dispose and enjoy any timber, cartl stone, rock or gravel lying' in and upon said strip of land, IN WITNESS WHEREOF, the Board of Commissioners of Everglades Drainage District has caused these presents to be signet) in its name by its Chairman, attested by its Secretary, and its corporate seal to t be hereunto affixed, at West Paint Beach, Palau Beach Countya Fldrida, this 2nd __d ay .f" S pF s t A. D., Nineteen Hundred and to -si y BOARD OF COMA•IISSIONERS OF EVERGLADES /bb AIN E DISTRICT, iF BOARD OF COMMISSIONERS OF EVERGLADES DRAINAGE DISTRICT DEED No 4VI o v/ x1: x 111, *o" w /h. laud a" o.' Florida, Au,,,nu ",,"".",^tl 1). 8, :.■".,5^ 1 1 N. ./m/ /5 /i u.,v',,uw,Y;, I/1_ m.` u nug/u/e /'",k, ///1./` I../.`,',un7,/^' 1.1 It xv'. /^.,w, N./ p'n 111 1 1 .^p/ 13'''w 1~111 v �t1c.,(;) .o., ^"o ,.=".""```,""r o'` 1` all outstanding valid ta s. 1 1 111 3,1.) ^l'.ve ./°,,.h,/ /.,"n., �/v 1 s""""at r'^ 'x /u x/'o/uT., 1 x I u u' /^."1.1 `'1', t ^1 ,=1;1r1' m'."^,/'/'',a^',"oa"/m".w.w^""..x.`~".. K- 111Y h c a ./"^""'1 I.t, L i. :ZauIe3. ug us Trustee for Clceool.otoe \na�ita� 1F.! ;7,05;')-1()41 l.162-Lidiz 1* l n S z`,, -i�z 01.:sac ee )2r,Tnl./4,.2 '`T A29 7,')LI~l 1�64~194�` �l''. I« 1 t `�por���ue o �~I��'` S0G6-Ig4l l26S-I94 11 vua Ik. t'keoclwbwn l60I-ly29 Z 1J44-Ip42 Lot, rlk~ City af cncwaoAobee IE.02~l329 3I5.:5-I941 164' Lots 14 11 and 18, K�. 124, City of Ckaoo`ob*e /.,u/,"/. ..n/131". /."n.," "/w/`x the ,xv,"./tcm/"/ I `x ,"aw",. hut ^,,`w .v`n``/` 1,11 ,x o.' w` and ./o", ".at ../"',1/ u. J.,./." ".ux/. ".,"..ux.. "/".I. /.,^.."'./m. "/,1.1,hinds 1 11~1 ,'a.',61,31'1 +^11.1 ''='1^°. 1111 1,1111 '11 .1111Ig'N1 111: 11' 111 1. r1',",1 ^r.1.11111`. o till. ^"112 111 3; ,"x .,"v^ °131 11'°.11 w"""~ I1"." /`'`0,1.». v, ",..o.,°u/11w/^""./."13, I 111.1t1t Hoc,' .1111" .x" ".'a, /11 o.' i.ux"■ v'^^/. /"".''~'.".'/.*`x"/^.m,./,,i."x",.re, ,".'",li,1,^.,1^ it, o.'/.,,k/,./../ 1 1, tol.• o.. 13111. 1 h,,. ,^..,."o u o~ o"' /11 III Ilt III II o",.^,.,^`"~/"./"""u ^"./p. v"..°. .'`~.o.^"^/^� ^n./ .v 'di Mg. set ou unto the w.(Ivwu,^oo .`.1.~` /~'.``...".'.,./"'/...,v ^"./,"i,."m.' ;tit ,"/1.".1. ^.00,"/ thirty .e'. on ,".11 ~u" m. ^"u, /i"` lie ;Hid o".~^"o,'/." said 1;1..u1., said Hoard ^//,,,x/^/.'w^/.";4.``..o^'.". 1- oit 'r``°. for o., :Jot ,mu. ,"o the °,/usin ,/,/.t 1,11<,, o/`,"= ,"o ."i'. rock ^,Q"`,/ lying ill ,"u mu strip ."la"o. /1\ 33 IT /'a^ 33 m`m.n1'. the Hoard w=111^,1011,1', ,t.z/~/,^ o=",^, o``"". p.m`* ,/p.•/ its I,, its Chairman, "vmtoo by /m ^"x .^,'.`"t, to /.`rtt""'^,"/""/. ;it »ox/.. u=".uutitv, l'Iori4. "L /',1ay u,m/""*u fP —3 X BOARD urcoMu ,Fml'x`1. ._L_ 4 u"/'""" This deed made this. ., 10.5.1t11. .,.day of. .„A. D. 194. 5., by the County of c chcP2ee State of Florida, party of the first part and. /Me nor i a 1 Hospital of' the Okee_chop .party of the second part, WITNESSETH: That the said party of the first part for and in consideration of the sum of 50. 00 Fifty &./i90 Dollars to it in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold unto the party of the second part, his heirs and assigns forever, the following described land, to-wit: lying and being in the County of Okeechobee, State of Florida: Lotslto 9 inc. and 11 and 12 107, City of Okeechobee, according to plat thereof filed and recorded in the office of —0 ilHiir• t.d.' Signed, sealed and delivered in the presence of ATTEST: Okeechobee the Clerk of the Circuit Court in and for Okeechobee County, State of Florida/ Clerk Circuit Court A Application No.. 1 9 Deed No ?0 UNDER CHAPTER 194, FLORIDA STATUTES 1941 Ok ee chobee County, Florida. COUNTY DEED COUNTY, FLORIDA IN TESTIMONY WHEREOF, and by virtue of the authority vested by law irtthe Board of County Commissioners, and for and on behalf of the County of. Okeechobee State of Florida, we, the under- signed, as members of the Board of County Commissioners for thc County and State aforesaid have executed this deed and have there- unto set our official signatures and seals, attested by the Clerk of the Circuit Court for said County, this the day of May A. D. 94 County Commissio Member Boar Mem Member Member Boad County C imissioners i•Board County Comm oners Board County Corrunissioners (SEAL) oard County Commissioners y 7 4' 4 J_r.„, 1 Z.!' "?;/4 10j PM'', 4 Al 8001'. c3U0 H. Ilaillerson, as Truste (SEAL) EAL) (SEA 4 Aa COUNTY OF Qke.achol e.e DEED NO 232= EflD J STATE OF FLORIDA THROUGH THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, GRANTOR (1) TO H. H. R> ulerson fl& Trustee fax- Okeec Kobe- e- ..Memorial_.Hospital.. otthe City of __Q.keeeh.obee County of. Okeacho.be.e.._ State of Fior.ida., GRANTEE WITNESSETH: Gl HEREAS, in pursuance of provisions of Section 9 of Chapter 18296, Laws of Florida, Acts of 1937, title to the lands hereinafter described vested in the State of Florida, and the said State by said Section of said (Chapter is authorized and empowered to sell said lands through the Trustees of the Internal Improvement Fund of the State of Florida; and (2) WHEREAS, pursuant to NOTICE duly given by said Trustees of the Internal Improvement Funcl, the land rt.I'erred to by the Certificates hereinafter described was offered for sale on the ltkclay of April._ 19-I._e in the county of 0.k obee and bids were received, and the said Trustees having accepted the highest u) !,,•st hid for said land, and having awarded the sale of the said land to the person making such hid. said 1 r: vn the GRANTEE herein named; Therefore, ';()`,1' ALLNIEN 13Y THESE PRESENTS: That the State of Florida, through the Trustees of the Internal Im,.rode(nriit Fund of the State of Florida, under authority of Section 9 of Chapter 18296, Laws of Florida, Acts of 1037. for and in consideration of the amount of Ten t�TldI[o /lU_Q_. DOLLARS 1:t 1 to them in hand paid, the receipt of which is hereby acknowledged, have granted, bargained and .old. and by these presents do grant, bargain, sell and convey all of the right, title and interest of the 'fate of Florida arising out of said Section 9 of Chapter 18296, unto the said GRANTEE,hi.S1x4IA, successors ;!;111 t. d in and to the following described land, situate, lying and being in the County uf__Oke_ohob.e.e, �;tnLe of Florida, as referred to, identified and described by State and County tax sale certificates to -wit: (1 1(ata DESCRIPTION Sec. Tp. Rg, Ac. Amount Recd 917 1930 5936 19;3 926 1930 6019 1933 Lot 10, Block 107, City of Okeechobee Lots 7 and 8, Block 124, City of Okeechobee i Yy71 (5) A.S Tt) ALL LANDS, there is reserved unto the State of Florida the title to an undivided ne half of all petro- leum and petroleum products. and title to an undivided three fourths of all other mineral; which may be found on or under the said land. together with the privilege outside any municipality, this date, to explore for and to thine and develop same. Said privilege to explore, mine and develop is to be conducted on and under lands inside any municipality, this date, only with the consent of the surface owner. (6) AS To ALL LANDS outside of any municipality, as of this dat.e,.there is reserved unto the State of Florida an easement for state road right of way, two hundred feet. (200) feet wide, lying equally pn each side of the center line of any state road existing on the date of this deed through so much of any parcel herein described as is within one hundred (100) feet of said center line (7) TO HAVE AND TO HOLD the above granted and described premises unto the said GRANTEE, and his Axe, successors and assigns forever, all in pursuance of Section 9 of Chapter 18296 aforesaid. (8) IN TESTIMONY WHEREOF the said Trustees of the Internal Improvement Fund of the State of Florida have hereunto subscribed their names and affixed the official seal of said Trustees, and have caused the seal of the Department of Agriculture of the State of Florida to be hereunto affixed, at the Capitol, in the City of Tallahassee, on this the MAY 13 1946 (SEAL) STATE OF FLORIDA BY: TRUSTEES INTERNAL f A IMPROVEMENT FUND (SEAL) I COMPTROLLER (SEAL) TREASURER (SEAL) (SEAL) s" TTO E (SEAL) DEPARTMENT OF AGRICULTURE et- 5.00 5.00 /9 COMMISSIONER (SEAL) OF AGRICULTURE As and Coniposing the TRUSTEES OF Ti VERNAL IMPROVEMENT FUND OF THE STATE dP' FLORIDA, DESCR /P17ON• LOTS 7 TO 1Z hvauSWV$ AND THE SOUTH 47 FEET OF LOTS 1 TO INYu,S I.E PLUS NE ALLEY WAY LYING 1N7HIV THE BLOC'C BLOCK 107. CITY OF OKEECHOBEE: ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4 PAGE 4 OF THE PUBIIC RECORDS OF C1ICEECtIOBEE COUNTY, FLORIDA. PROJECT SPEC /RC NOTES: 1) UNLESS SHOW 07HER)MSE ALL DIMENSIONS ARE CALCVLATED(C) AND MEASURED(M). 2) SITE ADDRESS 403 M NC 2ND AVENUE 3) PARCEL ID: 3-15 -37-35 -0010- 01070-0070 4) IH/S SURVEY IS NOT INTENDED 70 DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 5) F..LR_AL MAE ZONE UNDE773WINED, PARCEL LIES N/7HIV THE OKEECHOBEE CITY LIMITS 6) BEARING BASE THE CENTERLINE OF N.W 2ND AVENUE IS TAKEN 70 BEAR SOUTH 0022:39' KEST. 7) 771E DEBCRIP7T0N SHOWN HEREON WAS PROVIDED BY CLIENT OR CL/ENT REPRESENTATIVE 8) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE ADDITIONS 0R DELETIONS TO SURVEY MAPS LW REPORTS BY 07710? THAN THE SIGVWNG PARTY OR PARTIES IS PROHIBITED NITHOUT NRIT7E7N CONSENT OF THE SIGNING PARTY OR PARTIES 9) DATE OF LAST F7EZD SURVEY! 10/13/DEL PROJECT SPEC /RC LEGEND. F -F.E= FINISH FLOOR EZE✓ATION Kenneth A Breaux, Jr (PSI( 4820) BOUNDARY SURVEY PREPARED FOR ARC /OIKEECHOBEE REHABILITATION FACILITY, INC. TRADEWINDS SURVEYORS MAPPERS, INC. i PREPARED FOR THE EXCLUSIVE USE OF: 200 S.W. 9rd barn. Okeechobee. FL 94874 Tel: (863) 783 -2887 Far (883) 789 -4342 Emelt tnp.♦embargmri.00m ARC /OKEECHOBEE REHABILITATION FACILITY. INC. COURTESY COPY a Ave yr hoe mat =tae 1 taw =us ,ICI fen CAP SOW' F ...-F •a.r m yr.r.m Le w a.ar I/ i v 17.0.Dall37 *OM :e Alcor .u•• if 7 1 8 l PARCEL CONTAINS 1-1.42 ACRES 1 BLOCK 92 L s roeYa c a+a(cj xnaol►I AMMO ..w N •1.1.• t N.W. 57H STREET s Saw E MOM) S700r% M.S. KM KO FFE 4 r Fa.y mrm.,vu N.W. 47H STREET w arm- r arms* snare, w rs30 arar4 V BLOCK 1241 .mar. Tic SWIM Netts t Na .arch d 60 patio r.em% for determination of ertrAty or ,..lrbtlo. afloatatp 3,. 0016 Prom win performed by Si. anew. 2 The mo y e.e le pr•Par d .d ul.. tin y for pre= noted. 1 Ne OtLty lo a�.rrd by the ao y far we by news not ep.deealy nand. A Net .brad et. l ..tu. and rnAer.d sod of Florida award =steps and mapper N820. 6 Tare m. no .Fete move ground pwaad.nr,b =wept r Atom 6 No attempt a made to locate underground byrswmulb and/or Mme.A.n=tb Of on an part of NY asses 7. line wind' a :impend in aoerdm minimum technical Minding. 0Ao, 472 by the Florida Nerd of 9srlors rod Mowery (Chopt 0 ar .1617 -4 FAG) mu, to Section 471022 Florida Statirtea 174800 dle 00( 'NM J F la. le Off IN 071.0110, MI/ al 4.TI ar he. NV 1121,NrAir WWI) 173b0 OVA .7 0141.11fAST Wart .m GI SWUM --go, 1 LEGEND 0 Iran Rod Cop 'NAB .-Fang o S Fou an AB Found Ir Rod d (and Cop) -Found Pipe (and Cop) nnnows aft leraecoarnrea t.000 l. .....L (9C -[sv.� Ic 0-0.! or ri* .q. E Rv■Eal.nz N.,aM al I** ELT-E0..n4 FA M. alumna. Rae *.inn.. “-Math MtT+> .1% a (D» .....we_ .I4 Whet (mtu.) w I121: ars-wl I. e.. aaae t -wa.n, o.: aF -�I t Fu -0314 eye+ I e1 m PC. e .Ihe ..I-* Wm.,. a u s.`1..um ul. 419 S tot dr aD +nv sane'. un- u -:..I E.alta a .aal.e paean :V 11017 t amvdrntxw BOUNDARY SURVEY 1 -30' 1 of 1 MC Gil 10/14/08 K WC 22280 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 334 -3366 Fax: 239 334 -6384 LaRue Planning Management Services, Inc. Shoff Report Rezoning Request Applicant: ARC of Okeechobee Petition No. 08 -008 -R From: CPO To: PUB Staff Report Rezoning Request Applicant: Applicant Address: Contact Phone Number: Contact Person: The ARC of Okeechobee c/o 200 NE 2nd Avenue Okeechobee, FL 34972 863- 763 -8600 Colin M Cameron, Esq. Existing Future Land Use Map Public Classification Zoning District CPO Use of Property Rehab. Center with ancillary training activities (lapsed Acreage 1.425 acres Location: 403 NW 2 Avenue Legal Description: Applicant: ARC of Okeechobee Petition No.: 08 -008 -R General Information Proposed Public PUB Rehab. Center with ancillary training activities 1.425 acres CITY OF OKEECHOBEE LOTS 7 TO 12 INC S 47 FT OF LOTS 1 TO 6 INC ALLEY LYING IN SAID BLOCK 107 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 CPO to PUB to reinstitute a nonprofit rehabilitation and educational training facility with administrative offices, classrooms, storage, thrift store, and possibly outside activities such as employment training in gardening and nursery skills The property is owned by Okeechobee County and leased to the ARC of Okeechobee. (ARC stands for Association of Retarded Citizens) These activities had been undertaken in the past under the current CPO zoning, which is inconsistent with the current Future Land Use Designation of Public Since these would have been considered nonconforming uses in the CPO district, the Applicant is seeking to rezone the property to PUB to accommodate what is commonly considered a public or semi public type of use. 1 Staff Report Rezoning Request Applicant: ARC of Okeechobee Petition No.: 08 -008 -R Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification Zoning District: Existing Land Use South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Public CPO Vacant Commercial CHV Office and drugstore Commercial CPO Church Single Family CPO Office and single family Analysis: Section 70 -340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has not submitted any statements addressing these criteria. Following are Staff comments 1 The proposed use is not contrary to Comprehensive Plan requirements. By rezoning to PUB, the zoning of the subject property will be consistent with the Future Land Use designation applied to the property 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The Applicant has indicated that the uses to be associated with the property will be the same as previously undertaken, including the operation of administrative offices, classrooms for education of handicapped and disadvantaged persons, including training in nursery and retail operations such as growing and selling plants tended by the handicapped and disadvantaged persons, the making of and sale of crafts by handicapped and disadvantaged persons and retail sales of donated items. The principal purpose of the facility is to provide education in basic life skills and job training for persons with disabilities. Since the property is owned by the County and leased to a nonprofit entity providing what is generally considered a public service, the Staff is of the opinion that the uses proposed qualify as being allowable in the PUB district. It is not uncommon for charitable organizations to be permitted 2 Staff Report Applicant: ARC of Okeechobee Rezoning Request Petition No.. 08 -008 -R to located in public land use and zoning districts and undertake a variety of activities, including thrift stores and other ancillary commercial type activities which provide both income to the facility and job skills training for its clients 3 The proposed use will not have an adverse effect on the public interest. Neither the uses proposed by the Applicant nor other uses allowed in the PUB zoning district are expected to have no adverse effect on the public interest. 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 PUB zoning and the uses proposed are reasonably compatible with the commercial and public zoning and commercial uses to the east and west and church to the south The activities to be undertaken are to be essentially the same as had been undertaken in the past. 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. PUB zoning at this location is not expected to adversely affect property values or living conditions While there is one single family home to the northwest across NW 3 Avenue, all other uses in the immediate area are nonresidential in nature 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, if necessary, from any nuisance factors that may be associated with the uses proposed to be undertaken. 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 are not expected to vary significantly from that which might be associated with a use allowed in the CPO district if the Future Land Use designation were changed to Commercial. Similarly, traffic impacts associated with the proposed use under the CPO zoning are not expected to have any significant impact on the area 3 Staff Report Applicant: ARC of Okeechobee Rezoning Request Petition No.: 08 -008 -R 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. It appears that the Applicant will need to provide appropriate off street parking on the site, and this may require some on -site drainage improvements as well. 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 rezone the property from CPO to PUB Submitted by James G. LaRue, AICP December 9, 2008 Planning Board hearing: December 18, 2008 Council Hearing January 6, 2009 Attachments: Future Land Use Map Zoning Map County Property Appraiser's Aerial 4 Staff Report Rezoning Request SINGLE FAMILY MO MULTI FAMILY go COM MEi3C 14L MI PUBLIC FACILITIES FUTURE LANC USE ARC OF OKEECHOBEE SITE AND ENVIRONS i ii 100 C ICC 2C0 Feet Applicant: ARC of Okeechobee Petition No.: 08 -008 -R (A) 5 Staff Report Rezoning Request CHI' CPO PUB ZONING ARC OF OKEECHOBEE S E AND ENVIRONS 100 0 100 200 Feet —NE Applicant: ARC of Okeechobee Petition No.: 08 -008 -R (AD 6 Staff Report Rezoning Request VAC f CHURCH viCa nU.1i7s0'e PC1 43 R6466 POI& Okeechobee County Property Appraiser `t2 .6�a;�j 142 54 kd2.5 2! 14 4` 4- Applicant: ARC of Okeechobee Petition No.: 08 -008 -R 'RESTA j PARCEL: 3- 15- 37- 354110 -01O70 -0770 03 COUNTY (008600) CITY OF OKEECHOBEE LOTS 717 121NC S 47 FT OF LOTS 1 TO 6 INC ALLEY LYING IN SAID BLOCK 107 14_ s 4,7 x 5 47 5° 7 10 11 12 13 14 15 16 17 '1y of Okeechobee ,eneral Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 Date: I I t I Fee Paid: ls` Hearing: /,/)g) o b Publication Dates: 1 Notices Mailed: 0 Name of property owner(s): yyt ltir ail i Ol) 2 Owner mailing address: 6/N Li c./ U 3 Name of applicant(s) if other than owner 4 I Applicant mailing address: 4a e-mail address: /1/0 p/LU DO/A 6 G% )44/y. 5 Name of contact person (state relationship): Contact person daytime phone(s): 7 3 777 3 Property address /directions to property: ,t/ S eel(' C/o /yo Describe current use of property: iz ./BG+ Describe improvements on property (number /type buildings, dwelling units occupied or 0-t a _d— vacant, etc. R 5. 5, (Y 1 19 K 1 tlV iiC'1" U 4 al Approx. acreage: 0 L/88 Is property in a platted subdivision? a)c Is there a use on the property that is /was in violation of a city or county ordinance? If so, describe: 0 Is a pending sale of the property subject to this application being granted? Describe uses on adjoining roperty to the North: North: must Fflrv� t �L ytw East: Mctll*( /6 -`l South: e NV West: C-li V Existing zoning: nmyl f". 37y)/ L-/ Future Land Use classification Request is for: (V) Rezone Special Exception Variance Parcel Identification Number: 3- S- 7 3 S----- av i )'U O i 4 Z t 3'7 -35 dDi ATTACHMENT S Applicant's statement of interest in property Revised 7/08 Petition No. —O/ O ✓1 Jurisdiction: fje.e r Hearing: /h ii j 1 /VD Page 1 of 10 23 Current zoning classification: R m F Requested zoning classification (9_,e0 What is the desired permitted use and intended nature of activities and development of the property? (j 040114-UT A e d E4 ,N� 15 614.- JYvrie. i ce (2 o R4b/'r vimi v Is a Variance necessary for your intended use? Is a Special Exception necessary for your intended use? Applicant's materials addressing required findings for granting a rezoning (attach). 18 19 20 21 22 28 29 30 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. Last recorded warranty deed Notarized letter of consent form property owner (if applicant is different from property owner) 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 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) Affidavit attesting to completeness and correctness of the list (attached) Describe the Special Exception sought: Are there similar uses in the area? If so, describe them: 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: Revised 7/08 Page 2 of 10 1 NOV- 03- 2008(MON) 12:25 NEW RMERICRN PT Describe the Special Exception sought: Describe the physical characteristics of the property that make the variance Did you cause or contribute to the characteristic necessitating variance? If so, descr What is the minimum variance necessary? Applicant's materials addressing yeendards for granting a variance (attach) Applicant's materials addressini findings required for granting a variance (attach) 31 Applicant's materials addressing standards for granting a special exception (attach) [00 'd i nn 11 Applicant's materials addressing landings required for granting a special exception (attach) I hereby certify that the information in this application is comet. The information included in this application is for use by the C.lty of Okeechobee in processing my request. False or misleading information maybe 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. /Printed Name Date Signa �tre ALdromulf kooPutitr nllit e Rcriscd 7108 9891 £91 E98( aagoyaaasin to 6411 (FRX)18637636619 Page 3of10 P 001/002 aagogPaa>f0 ;o n4!D :2l NOW )8002 22 :21 (NDW)8002- ED -AON amtl /aie0 xd 10 /31/08 To whom it may concern; r am planning gQ 6 o Vert the existing property See Attached Application) Health services office. oa p public zoned Multi-family to If you have Not a public place. Y question, Please call It Will be used me at 863- Just for 763 -7773 Sincerely i .r mad Nooruddin Parcel ID Number. 3- 15- 37 -35- 0010 00180 -0170 Prepared by and Totem to: PHYUJS WALKER Okee -Torok Tide Company, Inc. 105 44W 6th Stern Okeechobee. Florida 34972 FILE N°. 29330 0 Indenture, Executed this August 30, 2007 A.D. Between NAj 1) W. ILGEN and MARY A. ILGEN, HUSBAND and WIFE, is 867 CLIFF TOP ROAD, BLAINE, TN 37709, hereinafter called the grantor, to A.M.S. OLDINGS, LLC, A FLORIDA LIMITED LIABILITY, AND ARIF SHAKOOR, ''111 whose is: P.O. BOX 448, OKEECHOBEE, FLORIDA 34973, hereinafter called the grantee: the term 'grantor" and 'grantee' include all the part e ies to this Instrument and the heirs, legal mpre,natives and assigns of d the successors and saigns of corporations) IW individua Legal Description as Parcel ID Make 'fit?= 35-0010-00180-0170 Witness Primed Name Wltn 3" that the grantor, for and in consideration of the sum of Ten Dollars, (SI0.00) and other valuable considerations, rece whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all tha land situate in Okeechobee County, Florida, viz: Witness Printed Nero 111111111111 11111111111111111111 VIIOIIIII111111111l 0 Subject to covennn easements of record and taxes for the current year. Together with all the to bcreditarnents and appurtenances thereto belonging or in anywise appertaining. C. To Have and to Hold, And the grantor b&eby cantata grantor has good right and lawful authority to will defend the same against the lawful claims accruing subsequent to December 3I, 2007. In Witness Whereof, the said d and sealed these presents the day and year first above written Signed, sealed and delivered in our presen TEN S O TAR J C I V V �.f�� simple forever. said grantee that the grantor is lawfully seized of said land In fee simple; that the convey said land; that the grantor hereby fully warrants the title to said land and whomsoever, and that said land is free of all encumbrances except taxes DON D W. ILGEN ccD4, Address: 867 CLIFF TOP ROAD, BLAINE, TN 37709 FILE NUM 2007012092 OR BK 00638 PG 0879 SHARON ROBERTSON/ CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 09/04/2007 04:39:24 P11 RECORDING FEES 18.50 DEED DOC 1,015.00 RECORDED BY N Arnold P9s 0879 8801 (2vos) (Seal) State of TENNESSEE County of The foregoing instrument was acknowledged before me this August 30, 2007, by DONALD W. ILGEN and MARY A. ILGEN, HUSBAND and WIFE, who is/are personally known to me or who had produced a drivers license as identification. lifeta 4 4 �yuVlrl�ss PriotNamer C a.ro /YW 44, 7 'honta5 My Comorissloo Expires 'MY COMMISSION EXPIRES FEB. 4, 2006 Book638 /Page879 CFN #2007012092 Page 1 of 2 LOTS 17, 18 AND 19, BLACK 18, OKEECFIOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID LAT BEING ALSO RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA ALSO RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF KEECHOBEE COUNTY, FLORIDA. I o t CP File Number. 29330 ty.i ogaip ion+au Noe Aid Moir% Choke 0 Exhibit "A" Book638 /Page880 CFN #2007012092 Page 2 of 2 NOV- 03- 2008(MON) 12:25 NEW RMERICRN PT Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners 1 hereby certify underthe penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners. addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. t therefore attest to this day of Signature of Applicant Aukaavykd Acot„LddLY Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to anOAAbscribed before me this day of to me or produced 200 'd 200 Re►sazd•ros 9891 E9L E98(XEH aagaq aa40 lo nail 1 Date 4.0z/ Personally known as identification and did not take an oath. Seal: (FRX)18637636619 P 002/002 Petition No. Q$'0 S ETTYJ.CLEMENT MY COMMISSION DD 393559 EXPIRES. February 7, 2009 Bonded Thar Notary Public Underwriters Prea I aag043aan }o n3c3 tt :21 (N0W)e00210 am ?1Ia3Q0 xb 22:21 (NOW)8002-E0 -A0N NAME A M S A HOLDINGS LLC SHAKOOR A M S A HOLDINGS LLC SHAKOOR ARAGON CANDIDO P GLORIA ARNOLD MICHAEL R BEVIS TRAVIS M BEVIS MICHAEL BROWNING WALTER R DONNA L CBC MANAGEMENT CORPORATION FAMILY HERITAGE HOLDINGS LLC FLORIDA COMMUNITY HEALTH CENTE GAGBEE INC GARAFOLA DEAN GOODELL RICHARD C MILRITA A HUSAIN MUZAFFAR TRUSTEE HUSAIN SURAIYA TRUSTEE JUAREZ EPIFANIO F JUAREZ EPIFANIO F JUAREZ EPIFANIO F NICHOLS KENNETH R BARBARA J NOORUDDIN MUHAMMAD SHAHNAZ NOORUDDIN MUHAMMAD SHAHNAZ NOORUDDIN MUHAMMAD S SHAHNAZ NOORUDDIN MUHAMMAD S SHAHNAZ NORTH AMERICAN ISLAMIC TRUST,I PATEL BAKUL K HINA R REDICKER JACKIE MELINDA REDIKER JACKY A SURFACE RICK J SURFACE RICK J VIPRA LLC 29 records selected. OWNADDR1 PO BOX 448 PO BOX 448 1796 SE 6TH LANE P 0 BOX 203 102 NW 10TH STREET 10104 S DUNSIN AVE DR P 0 BOX 2558 205 NE 2ND STREET 4450 S TIFFANY DRIVE 12575 HWY 70 EAST 1233 SW 4TH TERRACE 244 QUAIL RIDGE TRAIL 12138 DIEDRA CT 12138 DIEDRA CT 2925 SE 26TH STREET 2925 SE 26TH STREET 2925 SE 26TH STREET 114 NE 11TH STREET 7993 STEEPLE CHASE COURT 7993 STEEPLE CHASE COURT 1065 SE 23RD STREET 1065 SE 23RD STREET 10900 W WASHINGTON STREET 5903 NW FAVIAN AVENUE 201 NE 10TH STREET 109 NE 10TH STREET PO BOX 3322 1108 S 8TH STREET 11168 LANDS END CHASE OWNCITY OW OWNZIP OKEECHOBEE FL 349730448 OKEECHOBEE FL 349730448 OKEECHOBEE FL 349744755 OKEECHOBEE FL 349730203 OKEECHOBEE FL 34972 S JORDAN UT 840950000 OKEECHOBEE FL 34973 OKEECHOBEE FL 34972 WEST PALM BEACH FL 334070000 OKEECHOBEE FL 34972 POMPANO BEACH FL 33060 FRANKLIN NC 287340000 ORLANDO FL 32825 ORLANDO FL 32825 OKEECHOBEE FL 349740000 OKEECHOBEE FL 349740000 OKEECHOBEE FL 349740000 OKEECHOBEE FL 349722143 PORT ST LUCIE FL 34986 PORT ST LUCIE FL 34986 OKEECHOBEE FL 34974 OKEECHOBEE FL 34974 INDIANAPOLIS IN 462312047 PORT ST LUCIE FL 34986 OKEECHOBEE FL 349720000 OKEECHOBEE FL 349722105 FORT PIERCE FL 34948 FT PIERCE FL 34950 PORT ST LUCIE FL 34986 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. 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 Tight of the above criteria and offer a recommendation for approval or denial. Revised 7/08 Page 4 of 10 DESCRIPTION: LOTS 17, 18 19 OF BLOCK 18 OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: 104 NW 11th STREET F.I.R.M. ZONE: PARCEL LIES WITHIN THE CITY LIMITS OF OKEECHOBEE FLOOD ZONES HAVE NOT BEEN DETERMINED IN THIS AREA LOT 13 LOT 14 LOT 15 LOT 16 E/P E/P d/3 E/p STANDARD NOTES: 1. No search of the pub performed by the sur 2. The survey depicted 3. No responsibility or li 4. Not valid without the 5. There are no visible 6. No attempt was mad 7. This survey was prep Surveyors and Mappe NOTES No search of the public re The survey depicted here is prep by the surveyor for use by oth DESCRIPTION REFERENCE: DRE BEARING REFERENCE: BREF 15' e 1I a d/3 Mck° LOT 17 E/P A d, eaux, J (PSM 820 P7' TRADE INDS ��yy r- p ,LoinaG I Q/7cUtCQ i, J )UC. 00o Certificate of uthorization No. LB 6719 i nn et' A. 200SW 3r• AVENUE Okeechobee, FL 34974 Tel: 63 -2887 LOT 10 47.5' PLAT OHW D IRC (HOOVER) 47.5' PLAT 4' CHAINLINK FENCE 15' ALLEYWAY N 89'57'23" W 142.59' ND IRC (11NPS7 FND IRC (TWPS) 47.5' PLAT 47.5 PLAT TYPICAL WOOD OWER POLE I �t 22.2' E/P LOT 9 47.5' PLAT LOT 18 Pa OKEE —TAN11 TITLE INSURANCE COMPANY, INC. TICOR TITLE INSURANCE COMPANY FIRST AMERICAN TITLE INSURANCE COMPANY UNITED GENERAL TITLE INSURANCE COMPANY BLO K 18 kL I CONCRITE 60.5' RESI ENCE •40.5' FND IRC (TWPS) 47.5' PLAT 5' PI AT FNQ, IRC (TWPS) FND IRC (HOOVER) N89'58'12 "W 142.59' d/3 d/3 X CONC LOT 8 47.5' PLAT LOT 19 U 22.3 8 DRIVEWAY 47.5' PLAT FND DRILL HOLE DESCRIPTION BOUNDARY SURVEY Is O O LOT 20 $FENCE 0.1'W m X11 0 O NE 11th STREET 70' R/W FND IRC (HOOVER) d/3 FB /PG: SEE FILE FILE: 13347— 071807. D WG 1 inch 30 ft. G RAPHIC SCALE 3 0 15 30 CONC. ENCROACHES 5.1' CONC. ENCROACHES 4.3' UUNU. t_NUHUAUHLS 1.1 E/P E/P is records for determination of ownership or restrictions affecting the lands shown was yor. ere is prepared exclusively for those parties noted. bility is assumed by the surveyor for use by others not specifically named. signature and embossed seal of Florida licensed surveyor and mapper #4820. bove ground encroachments except as shown. to locate underground improvements and /or encroachments (if any) as part of this survey. red in accordance with minimum technical standards established by the Florida Board of s (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. ords for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. red exclusively for those parties noted and is not covered by professional liability insurance. No responsibility or liability is assumed rs not specifically named. Not valid without the signature and embossed seal of a Florida licensed surveyor and mapper. PREPARED FOR THE EXCLUSIV= USE OF: FAEED KAHN MUHAMMAD NORUDDIN GULFSTREAM BUSINESS BANK A.M.S.A. HOLDINGS LLC. DATE 1 BY CK J SCALE: BOUNDARY SURVE KB J JOB NO: 13347 07-18-07 KB LEGEND 0—Set Iron Rod and Cap PSM 0 CM •—Found Iron Rod (and Cap) —Found Pipe (and Cop) ABBREVIATIONS 1t =Baseline; BM =Benchmark; q.-Centerline; C =Calculated; CATV =Cable TV; CMS Concrete Monument; CONC— Concrete; D =Deed; A =Delta or Central Angle; E =East; E'LY— Easterly E/P =Edge of Pavement; ESMT=Easement; F.I.R.M. =Flood Insurance Rate Mop; FND =Fourfd; IP -Iron Pipe; IR &(C) =Iron Rod (and ID Cop); 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; i'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 Utllltiy and Drainage; R Radius; R/W =Right of Way, S= South; SLY =Southerly, T= Tangenti TEL =Telephone Splice or Switch Box; W =West; W'LY =Westerly, UTIL= Utllity(les);, =Spot Elevation based on indicated Datum. 0 Z Prepared for: City of Okeechobee Applicant: Muhammad Nooruddin Petition No. 08-011-R From: RMF To: CHV 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 334 -3366 Fax: 239 334 -6384 LaRue Planning Management Services, Inc. gaff Report Rezoning Request Staff Report Rezoning Request General Information Future Land Use Map Classification Zoning District Use of Property Acreage Owner /Applicant: Applicant Address: Applicant Phone Number: Applicant Fax Number: Applicant E -mail Location: 104 111 NE 11 Street Muhammad Nooruddin PO Box 448 Okeechobee, FL 34972 863- 763 -7773 863 763 -6619 Nooruddin64( amail.com Applicant: Muhammad Nooruddin Petition No.: 08 -011 -R Existing Proposed Residential Multi Family Commercial RMF CHV Single Family Professional Office Residence 0.488 acres 0.488 acres Legal Description: LOTS 17, 18, AND 19, BLOCK 18 OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5 PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request: The Applicant requests a zoning change from RMF (Residential Multiple Family) to CHV (Heavy Commercial) for three city lots comprising 0 488 acres of land on the north side of NE 11 Street between US 441 and NE 3td Avenue to accommodate a home health care office. 1 Staff Report Rezoning Request Adjacent Future Land Use Map Classifications and Zoning Districts: Future Land Use Map Zoning District: Existing Land Use: East: Future Land Use Map Zoning District: Existing Land Use: South: Future Land Use Map Zoning District Existing Land Use: West: Future Land Use Map Zoning District: Existing Land Use: North: Classification: Classification: Classification: Classification: Applicant: Muhammad Nooruddin Petition No.: 08 -011 -R Commercial RMF Single family residence Multi Family RMF Vacant Commercial RMF Single family residence Commercial CHV Commercial offices General Comments: A single family residence is now located on the property. In July of 2007, the City approved an SSA changing the Future Land Use designation on this property from Commercial to Multi Family Residential to allow for construction and operation of an Assisted Living Facility (ALF) The Applicant has subsequently determined that the property is not of sufficient size to accommodate the facility he originally envisioned, and now wishes to operate an office for his home health care service. The Applicant has stated that the property will be strictly an office use and health care services will not be provided on the site This use requires Commercial future land use designation and commercial zoning. The owner has submitted an application for the required Small Scale Amendment (SSA) Analysis: Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has not submitted any statements addressing these criteria. Following are the Staff comments 1. The proposed use is not contrary to Comprehensive Plan requirements. The CHV zoning and proposed professional office use are consistent with the Commercial Future Land Use Category Further, the proposed use and CHV zoning appear to be consistent with the general pattern and the limits of commercial expansion evident in the area east of US 441 northward from NE 9 Street. However, in order to provide for a well planned mix of compatible and uses in the area, a less intensive commercial zoning may be more appropriate. 2 Staff Report Applicant: Muhammad Nooruddin Rezoning Request Petition No.: 08 -011 -R 2 The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Professional offices are allowed in the CHV as well as the CLT and CPO zoning districts. However, upon rezoning to CHV the Applicant will not be limited to office uses, but will retain the option of developing the property in any of the uses permitted within the CHV district. 3. The proposed use will not have an adverse effect on the public interest. Neither Commercial use in general, nor professional office use in particular on this site, is expected to have an adverse effect on the public interest. 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 areas to the north, south and east of subject property are largely designated for residential uses. Properties to the immediate north and south are developed in either single family or multi family uses. The addition of a professional office use on the site is considered compatible with surrounding uses. Expansion of commercial zoning two or three Tots deep from US 441 is consistent with the general pattern and the limits of commercial expansion evident from NE 9 Street northward However, since the Applicant intends to develop the property only for office use, and in light of the fact that, except for parcels fronting directly onto US 441, properties in the imme- diate are already developed residentially, a less intensive commercial district such as CLT or even CPO may be more appropriate than CHV 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. Professional offices are considered to be compatible with multi family and other residential uses and should not be a deterrent to improvement or development of adjacent properties. However, some of the more intensive uses allowed in the CHV District could adversely affect adjacent or nearby properties. 3 Staff Report Applicant: Muhammad Nooruddin Rezoning Request Petition No.: 08 -011 -R 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 An office can be suitably buffered from surrounding uses if necessary However, it may be more difficult to protect adjacent residential properties from the impacts of other more intensive uses allowed in the CHV district. The details of necessary buffering will be addressed during the site plan review stage. 7 The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density is not an issue and the likely demands associated with commercial development of this site are not expected to overburden public facilities such as schools, streets, and utility services, particularly since up until July of 2007 this property was designated for Commercial use on the Future Land Use Map 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No potential problems with regard to traffic congestion are foreseen and only stan- dard drainage improvements are expected to be necessary and which are not anticipated to create any flooding or drainage problems Specific improvements will be reviewed and approved during site plan review. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. Recommendation: While commercial zoning is certainly appropriate for the property, given the existing residential development in the immediate area we recommend rezoning the property to either CLT or CPO rather than the requested CHV Submitted by' James G. LaRue, AICP December 9, 2008 Planning Board hearing December 18, 2008 City Council Hearing January 6, 2008 Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial 4 Staff Report Rezoning Request ir 411 NW 11th Street a oa rd C NW 1Qh &reet_ Nooruddin Site 1 1 SINGLE FAMILY r I M ULT I FAMILY 1 RESIDENTIAL MIXED USE COMMERCIAL INDUSTRIAL PUBLIC FACILITIES FUTURE LAND USE NOORUDDIN SITE AND ENVIRONS NE 12h St. 1 NE 9th Street 11 NE llthSt. E ru NE 10th St. Applicant: Muhammad Nooruddin Petition No.: 08 -011 -R 300 0 300 600 Feet 5 Nooruddin Site H RSF1 RMH RSF2 RMF CPO CLT CBD CHV IND PUB PUD-R PUD-M Staff Report Rezoning Request ZONING NOORUDDIN SITE AND ENVIRONS 300 0 300 600 Feet Applicant: Muhammad Nooruddin Petition No.: 08 -011 -R 6 Staff Report Rezoning Request Okeechobee County Property Appraiser's Aerial Applicant: Muhammad Nooruddin Petition No.: 08 -011 -R 7 1 Name of property owner(s): Brothers Two Develop ers Inc. 2 Owner mailing address: p.O. Box 1824, Sebring, FL 33871 -1824 3 Name of applicant(s) if other than owner MIDFLORIDA Federal Credit Union 4 Applicant mailing address: 129 South Kentucky Avenue, Suite 700 L :'wland, FL 33801 4a e-mail address: Gayle(aMidFlorida. can 5 Name of contact person (state relationship) Kendall S. Phillips (Engineer 6 Contact person daytime phone(s): (863) 66 4835 s ^.d Property address /directions to property: 1100 South Parrott Avenue (U.S. Hwy. 441 South) South of SR 70 /U.S. Hwy. 441 intersection (on west side). Describe current use of property: Fast food restaurant with drive thru window (recently closed). Describe improvements on property (number /type buildings, dwelling units occupied or vacant, etc. 10 Approx. acreage: 0 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: 12 Is a pending sale of the property subject to this application being granted? Yes Describe uses on adjoining property to theme: North: Canmercial East: Ccxmercial West: RPCi cianti ai Future Land Use classification 15 Request is for: Rezone X Special Exception Variance 16 Parcel Identification Number: 3 21 0040 00160 0010 CcxnnPrri al City of Okeechobee General Services Department 55 S.E. 3` Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 6 17 Applicant's statement of interest in property Contract purchaser Revised 7/08 Date: f ri 6 u Fee Paid: i i OJ 1" Hearing: L L)) 3' I D SY Publication Dates: Notices Mailed: Petition No. (t) S Jurisdiction: 8,0 r Hearing: licant) Page 1 of 10 23 .Qurrent zoning classification: Requested zoning classification Wha e desired permitted use and intended nature of activities and development of the 24 property? Is a Special Exception necessary for your ded use? Is a Variance necessary for your intended use? Applicant's materials addressing required findings for granting a rezoning (attach 18 19 20 21 22 2 29 30 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. Last recorded warranty deed Revised 7/08 Enclosed Notarized letter of consent form property owner (if applicant is different from property owner) Enclosed Three property surveys (one no larger than 11" x 17 containing: Enclosed 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 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) Enclosed Affidavit attesting to completeness and correctness of the list (attached) Enclosed Describe the Special Exception sought: Allow drive through service. (1) Dr1 ve. +h�� Are there similar uses in the area? If so, describe them: Yes, there are other banks with drive -thru lane, teller service. 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: Branch bank with three (3) drive -thru lanes, and 1 ATM /By -Pass Lane, 9 employees, Monday- Friday 7 -7, Saturday 9 -1 Page 2 of 10 31 Applicant's materials Enclosed 32 35 36 37 38 39 Applicant's materials Enclosed Describe the Special Exception sought: addressing standards for granting a special exception (attach) addressing findings required for granting a special exception (attach) Describe the physical characteris of the property that make the variance necessary. Did you cause or contribute to the characteristic necessitating the variance? If so, describe: What is the minimum variance necessary? Applicant's materials addressing standards for granting a variance (attach) Applicant's materials addressing findings required for granting a variance (attach) 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 Revised 7/08 Gayle O'Brien Chief Adm. Officer opagc Page 3 of 10 STANDARDS FOR GRANTING A SPECIAL EXCEPTION (Sec. 70- 373(b), pages CD70:19 20 in the LDRs) Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 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 or needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. 1. The proposed location for the bank drive -thru lanes is the same as the existing (previous) fast food drive thru window. It is adjacent to the interior lot line, adjacent to a neighboring commercial use. 2. The existing building and proposed drive -thru canopy are as far as reasonably possible from the residential area, to the west, west of 2nd Street. 3. Adjacent to existing commercial and 300' from residences 4. Hours of operation (close at 7 p.m. and 1 p.m. on Saturdays) prevent any possible nuisance to residents to the west. Much less than existing order speaker and pick -up window for previous restaurant. 5. There are no additional utility or service requirements caused by drive -thru service. 6. Ample queue length is provided for the drive -thru lanes and the throat distance for the driveway on 11 Street, S.W. is located to prevent congestion at the South Parrott Avenue intersection Revised 7/08 Page 5 of 10 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION (Sec. 70- 373(c) page CD70:19 in the LDRs) It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an adverse effect on the public interest. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. 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 required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above standards and required findings and offer a recommendation for approval or denial. 1. The Comp Plan allows this use. 2. The use is listed in the Code as a Special Exception Use for CHV zoning. 3. The drive -thru function has no effect on public interest. 4. The proposed drive -thru is a customary feature of all branch bank facilities, many of which are found in Okeechobee CHV zoning. 5. The proposed drive -thru will have no negative impact on adjacent property values or living conditions since it is located adjacent to an interior lot line, next to existing commercial. It will have no impact on further development of adjacent property. 6. There is no chance of any nuisance or hazard, so no screening is needed. 7. There is no effect on development density patterns due to this drive -thru proposal. 8. Traffic is staged through a bank drive -thru so that peaks do no occur that will cause traffic congestion. The proposed use will occur over an existing paved parking lot and will not cause flooding or drainage problems; nor will it affect public safety. Revised 7/08 Page 6 of 10 M 09.II Lass Rost trtatnprat TO [Oa10UtttaN RAMCO FORM 34 flak 257 rac_ 694 Thfs 'Warranty deed Made th. 4-0 day 4 STKBCR. A. D. 1983 PHILIP Y. BERGER and JESSICA S. BERGER, his wife hereinafter called the grantor. to BROTHERS TWO DEVELOPERS, INC. a corporation existing under the laws 4 th. State of Florida addnmsal Post. Office Box 433, Sebring, Florida 33870 hereinafter called the grantee: ..d ►act. the scan. •'•males'• tad "entree" l.ei.dt all the prpes M hY imam st ad .L. hilt/, k .3 tepele ..d ..1 t. �ad..h, ..d /h. MK lean lad t tt,.1 .1 i 1Uit nesseth: That the grantor. for and tn consideration of the sum•of S 10.00 and other valuable considerations, receipt whereof is hereby ac&enouiledged. hereby grants, bargains, ,e1br, aliens, re- mhos. ►chases, conveys and Confirms unto th. grantee, all that certain land situate !n._.. Okeechobee County, Florida, viz: Lots 1, 2, 3, 7, 8, and 9, Block 16, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 7, Public Records of Okeechobee County, Aida. ct to restrictions, reservations, covenants, and easements of record,_ Together wise appertaining. To eve an f ad the grantor h in fee simple; that the g grantor hereby fully warrants all persons whomsoever: and 10 December 31. 19 82. i!h all the tenements, hereditament, and appurtenances thereto belonging or in any het ra nts with said grantee that tlq grantor is lawfully seised of said land r h• right and lawful authority to sell and convey said land: that !h.•. said land and will defend the same against the Iau+ful Claims of t. la nd is free of all encumbrances, except taxes awning subsequent Id In Minns Whereof, the sat first above written. Stet,, sealed and dedelivere in our presence: *G l_t.. STATE OF FLORIDA, COUNTY OF OKEECHOBEE- SET I A. D. 1983 FILED FOR RECORD OKEECHOBEE COUNTY.FLx 15 1.933 SEP 22 PH 01 CLIF BETTS. J. CLERK OF CIRCUIT COURT the same to fee simple forever, officer duly authorized in the State aforesaid and in the Count 77Th Liu_ r unrrd prrparrd RETURN TOIdbbru i4 it. Barber, Hangar, Okeechobee Abstract Company 302 11. W. 3rd St., Okeechobee, FL 33171, as a aaces• sag laddeat to the issuance of title Interims. 0 n with its permanent poslof flee STATE a1- 1 LORIDA DOCUMEt•1TARY STAMP TA DEPT. OF pEVEttUE .1 WWII i 3 0 7 3 5 I or-has hereunto set iki' rhand and seal the day and year I 1 �'EL CERTIFY that on this day, before me. an take acknowledgments, personally appeared PHILIP Y. BERGER and JESSICA S. BERGER, his wife w ate known to be the penona described in and who executed the foregoing Instrument and Wore me that theyzecuted the same. WITNESS my hand and official seal in the County and State late aforesaid this by they acknowledged e�S .`,.1� Itltil (l, at sL Notary Public, State Of Florida 111 r 4 ti My Commission Expires May 28, °BS c1� y �'•rru nrn r»raa' 7. Name of Property Owner(s): Brothers 'No Developers, Inc. Mailing Address: Home Telephone: Property Address: Parcel 1(D Number: Name of Applicant: Home Telephone: Revised 7/08 OWNER City of Okeechobee 55 SE 3r Avenue Okeechobee, FL 34974 Tele: 863- 763 -3372 Fax: 863- 763 -1686 LAND USE POWER OF ATTORNEY P.O. Box 1824 Sebring, FL 33871 -1824 Work: Cell: 1100 South Parrott Avenue 3- 21- 37 -35- 0040 -00160 -0010 Gayle O'Brien- MIDFLORIDA Federal Credit Union Work: (863) 616-2147 Cell: (863) 640 -6217 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department IN VV[TNIi5 OF Tly UNDERSIGNED l -IAVE SET THEIR HAND D SEALS "PHIS -2 DAY OF r" 20 d I 411011. OWNFR�� 1). Vt coP W, WITNESS W1TNLISS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this 2-Y day of Dch he r 200 Notary Publ1c i'f�r ('�L.L 2 SEAL 0,111,RNFS ii,�� Commission Expires: EXP;;; 5.201; P 0 0 i 4 4 9 I tg! k!\■0 Page 10 of 10 Petition No. Q C I Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners 1 hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of October 24 2008 and the assertions made to me by members of that Office that the information reviewed constitutes the most recent informatio a ailable to that vg I therefore attest to this day of Ign ture of Applicant Gayle O'Brien Chief Adm. Officer NIDFLORIDA Federal Credit Union Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to an51 subscribed before me this 20 day of Oc b 2O R Personally known to me V or produced as identification and did not take an oath. 666 Notary Publ9 St j1'- of Florida Revised 7/08 14 LESLEY JACOBSON MY COMMISSION A DD 509605 W EXPIRES: January 23 2010 1,:p4:0$ Bonded mru Notary Public Underwriters D e ii72.13 114.0 Seal: 1 Page 8 of 10 PIN P 2- 21- 37- 35 -0A00- 00046 -0000 P 2- 21- 37- 35- 0A00- 00044 -0000 P 2- 21- 37- 35 -0A00 -00045 -0000 P 3- 21- 37 -35- 0040 00150 -0070 P 3- 21- 37- 35- 0040 -00160 -0010 P 3- 21 -37 -35 -0040- 00070 -0120 P 3- 21 -37 -35 -0040- 00180 -0010 P 3-21-37-35-0040-00080-0050 P 3- 21 -37 -35 -0040 -00070 -0070 P 3- 21 -37 -35 -0040- 00170 -0010 P 3- 21 -37 -35 -0040- 00080 -0010 P 3- 21- 37- 35- 0040 00070 -0040 P 3- 21- 37- 35 -004A -00000 -0010 P 3- 21- 37- 35 -004A- 00000 -0030 P 3- 21- 37- 35 -004A -00000 -0040 P 3- 21- 37- 35 -004A- 00000 -0050 P 3- 21- 37- 35 -004A -00000 -0060 P 3- 21- 37- 35 -004A -00000 -0070 P 3- 21- 37- 35 -004A -00000 -0080 P 3- 21- 37- 35 -004A- 00000 -0090 P 3- 21- 37- 35 -004A- 00000 -0100 P 3- 21- 37 -35- 0040 -00070 -0010 P 2- 21- 37- 35 -OA00 -00043 -0000 P 3- 21- 37 -35- 0040 -00080 -0040 P 3- 21 -37 -35 -0040 -00160 -0070 P 3- 21 -37 -35 -0040- 00080 -0090 P 3- 21 -37 -35 -0040- 00150 -0110 P 3- 21- 37- 35 -004A- 00000 -0020 P 3- 21- 37 -35- 0040 00150 -0010 P 3- 21- 37 -35- 0040 00170 -0070 P 3- 21- 37 -35- 0040 00170 -0030 OWNER NAME ALI IMTIAZ ALTOBELLO ETHEL M REVOC TRUST ALTOBELLO FRANK TRUSTEE, ETAL BIG LAKE CHURCH OF CHRIST, INC BROTHERS TWO DEVELOPERS INC CITY OF OKEECHOBEE CONLON DAVID M ROSE M FRASER JAMES E III GARCIA NAHUM H HAZELLIEF DAVID E PREVATT S KIDD CARMELITA LAMB OF GOD MINISTRIES INCORPO LAWRENCE RONNIE LAWRENCE ELL LAWRENCE RONNIE LAWRENCE ELL LAWRENCE RONNIE LAWRENCE ELL LAWRENCE RONNIE LAWRENCE ELL LAWRENCE RONNIE LAWRENCE ELL LAWRENCE RONNIE LAWRENCE ELL LAWRENCE RONNIE LAWRENCE ELL LAWRENCE RONNIE LAWRENCE ELL LAWRENCE RONNIE LAWRENCE ELL LEMAC LLC MENIHTAS PROPERTIES LLC MERRITT CHRISTOPHER W OKEECHOBEE UTILITY AUTHORITY PRIMITIVE BAPTIST CHURCH SAIN GARY T LINDA RAE TURLINGTON JOHN MARK JILL P UTT /COOK LLC WALKER LENORA M WU RULI NG KOKCHAM brothers2withiri300ft, 10/24/2008, Page 1 HOUSE NUMBER STREET NAME 1001 S PARROTT 1105 S PARROTT 1115 SW 3RD 1100 S PARROTT 1206 SW 2ND 1008 SW 2ND 115 SW 10TH 1200 S PARROTT 1000 SW 2ND 1012 S PARROTT 1124 S PARROTT 1128 S PARROTT 1130 S PARROTT 1132 S PARROTT 1134 S PARROTT 1136 S PARROTT 1138 S PARROTT 1140 S PARROTT 1120 S PARROTT 1000 S PARROTT 1111 S PARROTT 1006 SW 2ND 1003 SW 3RD 1117 SW 3RD 1126 S PARROTT 1102 SW 2ND 1201 SW 2ND 1208 S PARROTT STREET PREFIX AVE AVE AVE AVE AVE AVE ST AVE AVE AVE AVE AVE AVE AVE AVE AVE AVE AVE AVE AVE AVE AVE AVE AVE AVE AVE AVE AVE 1. ` 'ROP - I1 It i- ar- 3.46- roe- a.wwo$f V f r MMNIO7t vWO M.ua n Y A �1 5 aox an avrtoam rt ao»ru O SUGM .rs n sso7 s a� 1 -sa 1 NV 074/0 arRr r _yl 1 taA. Door ass Naar Mal T as•- 1 1 r+ 1 1�{ r a y eti ISOOOTPf•y Ii r L s a N OOYS2? W 11Y.Y7�L =1b. 1 11 I d m. »Y a I j 1 r a La s• I L i t 1 1 �.I 1 v h" -ti)n 1,1', 1,17 ,1111 l i I d Iill ,L' 1 L 111 l I t. I r, Ir I1 1 I I, 1 III J ul 45 3 A 1 I i I 1 h 1 1 1 1 I r \p 1 I II s 1 ;crar^ 1 k 6 L d' 5 `ra ru. MOW e s 4' 00 POMO WOO a SNICK MEDIAN (ALAI/MRS NOT LOCATED Y as 1 BOUNDARY TOPOGRAPHIC SURVEY PART OF BLOCK 16, SOUTH OKEECHOBEE LOCATED IN SECTIONS 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA a i l 1. BLOCK 15 ##i4 I Ii A SOUTH OKEECHOBEE 77 I a 171 ;:s fIa Oa /a}l tial it f Al 5 x 1 0/Of 40411 4 tr MORGAN PHIU PB ENGINEERING la eland, Dr 45 s 1 1 T Deborah L Pesysy, P8M ,I. a 1.1 ACC RAM 'MOM PUNIOA PHONE ale MINS PAM SIN WNW i r r; v o..., M MP P., Ca MP row wr: 2 3-14 0 to y co TLMN LANE eo�scg #�R �,2A 1 1 11UP 5 PillgillS 1111! W THIS SURVEY IS NO NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR I AND MAPPER. J arc 10/31,11 MST 451E B 5' CMP PIPE INV ELEV -2349 ND OF PIPE IS IN POOR NDI110N- CRUSHED URIED S89 "E 84 98' ASPHALT CURB 4 23 5 0 25 '26 ,5 4/ /j9 4. '-27 I x g,9 24 e7I „D. x27. I 1' BOTTOM ELEV -22 65 W 19" CAP 195 ELEV -22.65 NE 16" CMP INV ELEV. -22.68 S 16" CMP INV. ELEV .2276 252 R/W LINE x 1 516 x 15 5 5 FOUND 5/8" STEEL ROD CAP STAMPED L83335 AT SW CORNER OF BLOCK 7 60 /PVC PIPE (POSSIBLE CLEANOUT)I 212 x2 BENCH MARK 2 ELEV. -24.75 FOUND 5/8" STEEL ROD CAP STAMPED LB6329 AT NW CORNER OF PROPERTY 15" CMP PIPE N INV ELEV -2379 S INV. ELEV. -�4 25 BOTH ENDS 0 PIPE ARE IN POOR CONDITION- CRUSHED BURIED "1 .5 48 6 77 2 y 73 `jA 5� 67 2 56--4 6 1 O1 x2$5 2. 1 69 1 05 9 2 6,8 541 25 55 355 7,4 5 9 N I x3 552 n T i I r x 2 e 7J I y iI 2111 27 56 2 IJ 25 ,44 14.05 4.66 I I I2 6 3. 3 I I o M I LOT 8 2524 I r 16 a 6.2 60] 59 I w w v Q g 25 IN ,n 1. .2 1 Z Zx B9 G7 x 27 5 6 x 1T )4 5 25.5' 1 2 ry 97 g m I e X m I I -sa F /iv "56 /i t5' 2V O x 2792 2569„ 2514 Z A x2765 714J 23 e6' 6" 5 /°6 �6 2 45 I 1, 1 )Wi 1 I x ,7. 25 95 2555 2 88 END OF CENTERLINE OF 2' BIDE HEDGE-BERM x15 96 t1' 2 579 x15 STEEL PLATE (UNABLE TO REMOVE) „20.0 2 5 3 LOT 9 x 251 '77 415g3 x2 CONC. PAD FOR ELECTRIC 2y 69 TRANSFORMER LOT 10 -970RD C 40' PLATTED RIGHT OF W 2 6= 11TH 96 1 .151 yYLLOS SMA I >I�IYL� �F'�xy1� 115.0 .2 12 IO' RR x y5 42 23 4 x. METAL SIG 1 J ∎2l (BROKGLASES 5 N) g0 25q, 1 6," 2 26- 6- 35 57 2 5 j"`- 1 25 49 x1537 ,,n4�F 1�9 ASPHALT x 2 517 2,5 L Oi 1 x2450 2 x2518 I x2 25 x25 8000 L IGHT POLE 67 6 2 5 65 .64 t46� x24 1523\ 1I604 SIGN 25 25 2563 CONC. PAD FOR PUMP AND IRRIGATION SYSTEM '44TH PANEL BOX AND ELECTRICAL BOX x25 .15 41513 x 2610 x2 (GLASS BROKEN) SPEAKER 80X I MENUE SIGN 425 2506 17 BLOCK 7 SOUTH OKEECHOBEE x3546 x2 5,45 ,.6 A CLUSTER OF 5-12" 4 PALMS 57 N '52'10" 15 2 25 5 60 9w 5 6 0 06 y 2510 n BASIN C5EN "25— �CENIER GRATE TOP 01.05-24.88 BOTTOM ELEV.-21 98 E 12" CMP INV ELEV -21 98 2y 3 W 12" CAP INV ELE5 =2213 UNABLE x25 06 TO FIND END OF NEST PIPE) x1 540 x1 5,48 25 2 5 ,A 7!19 x2 x2 .2 x2 1 /2596 2594 15 .25 j3 CENTERLINE OF 2' WIDE HEDGE -BERM x25 CONC. PAD GREASE TRAP GAS STORAGE TANK 'MT STORMWATER MANHOLE COVER TOP ELEV. -25.31 BOTTOM ELEV. -24.53 Worland, Florida 33103 (103)1196.4139 (dam), (333) 693-0130 Mid Cedillas* o6 Authorization No. 00009914 x15 53 5 .441 x2 554 2511 254 2 x 85.00' ,5s 245` i 25— as 17" 4 t RT2" 25 1 3 .x 6 V� CONC. LID THAT HAS BEEN CEMENTED SHUT 1 -STORY CONC BLOCK BUILDING FINISH FLOOR ELEV. 26 21 3- 21- 37 -35- 0040 -00160 -0010 BROTHERS TWO DEVELOPERS INC PROPERTY ADDRESS. 1100 5 PARROTT AVE, MAIUNG ADDRESS P 0 80X 1824 SEBRING, FL 338711824 LEGAL. SOUTH OKEECHOBEE LOTS 1 2 3 7 8 9 ABOVE GROUND LESS THE W 15, FT OF LOTS 7 8 9, ALSO A 15 PROPANE GAS FT ALLEY OF SOUTH OKEECHOBEE TANK x2 x 25.14 70 0" x25. .2 OVERHANG x2 567, 2 5,47 25 2 57 0 24' 2 56 1 x25 x2554 x25;,5 ASPHALT l 26 RAMP CONC. CURB x2 x11 2 x„.26 yg3 285.00'(P) ti --414: •2P— 4 f -N 89'51'49 W 284.95' 2 56 5 �w2~� x� 66 x6 -26- .1cJ 9 -26, 26 oT a 7 �6 r '26.901 6 o oB iz D 2 2y 9 J 2 `57 .4 2 aE.TEIffis3K,PONO x '22 -5517' 2 r 2s p1 "ab� "25'9" x16�2�- x 266, 7 11..- 2 2,� x2 g 71 2 32 i 2 }5 69 M Morgan Phiifips Engineering Group, LLC S7Z9 Edpswood C AMS, 9uRa Hahon6d Soda ara WW Vortical S I dp. rota Correa 1u data CONC WALK .13 {15,0 x2525 2 515 x25 5' .,C 00 N x 15 92 x 15\9 1 "4 6 412 CLUSTER OF 6 PALM TREES 2 512 2 30 T T 26-- 2 612 64 [11.noma iN 14/1Ag Of -tam DsNi1M/brosn tot KS1 ndnd bN KSP 2`7" BF 25 33 25 44 -V WOOD DECK LOT 1 x25 x25 8x2524 x2517 SIGN WITH MARQUEE .25 52 CENTERLINE OF 2' WIDE HEDGE -BERM x 25 31 x 25 22 g,14,2 LOT CURB LOT 2 STOP x1533 5 ,64 ONC. RAMP x1 527 x 25. 50 x15 EXISTING x2526 x15 ST CAPTAIN D's x25 DRIVE='THRU LOT x 3 5 LOT 4 1' x2 y2 24 ,3 x1 x2 METAL S ON MASS .5,6 25 5e 3.68 25 1 y1U x2 25 15 1 57126- 2 5711 x1 x 1fi, 15 6 oie 94 8 I I 5 2g 2e 6� 2 N I I 16 j4 26' y 15.5 1 2f 540), 249 42 23 62 415 03 54 14 44 45 251 :1b BENCH 6488 4 LEV. -24,67 SET 5/8” STEEL CAP STAMPED I EOP 0 30 DRAINAGE INLET RATE (UNABLE OBTAIN INVERT) I44. 11 x 3 I H I 7 I I l k CNI LA 2 I C UJ C I w Z� a 07 1 25 O 7 64 11 I 218 FOUIiD 5/8" STE96L ROD a (NO CAP) 001I 0.5'0 by I 1 1 MIDFLORIDA FEDERAL CREDIT UNION OKEECHOBEE BRANCH OWL:CHOBE& FLORIDA nnn nnn -n n Jn F sw 11TH ST Elm r r2TH ST n 1 1 SITE LOCATION MAP NOT TO SCALE Randall L PONIM, PL 10530 SR 70 PARCEL NUMBER: 3- 21 -37 -35 -0040- 00160 -0010 LEGAL DESCRIPTION: (O.R. BOOK 257, PAGE 695) LOTS 1,2,3,7,8, AND 9, BLOCK 16, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA (O.R. BOOK 370, PAGE 1480 FILE NO. P9517E) LESS AND EXCEPT THE WEST 15.00 FEET OF LOTS 7, 8 AND 9, BLOCK 16, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA (PREPARED BY PEAVEY) AND THAT PART OF CLOSED ALLEY LYING BETWEEN LOTS 1,2,3,7,8 AND 9, BLOCK 16, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA MO LA 11'41800110BEE 3.NC, 'WUJ S 44NR077 48 015 HWr 44. 504tH OKEECHOBEE FL P OZOT Nw 1461 Shoot No. 2 w (i) N 17 19 18 S.W. 11th STREET 17 n 20 23 26 1 27 16 21 24 15 22 25 28 29 30 31 32 N POWER .10011iliaL .01..1.1 Ill la Morgan Phillips Engineering Group, LLC tantd bad '9156 Edgewood Drhre Bu Group, Gods Lakeland. Florida 33606 MAIM de; Oats eater (668) 661.4635 (a16ae), (ems) 51&0130 (160 oehmasta of Au6draro lon No. 00006664 Corona h'i 14 DRIVE -THRU LANES SUBJECT TO SPECIAL EXCEPTION REQUEST 13 12 11 1 XF means I 101-111r.eq N/A Nun Mt -Itr17 10/16/0/ oarp ed/DraM ale Na/ 10MAXI Dhbted bo N! 10 9 EXISTING BUILDING 8 7 6 POWER 5 4 2,600 S.F. 3 DRIVE THRU LANES 1 ATM /BY -PASS LANE 32 PARKING SPACES (INCLUDING 2 HANDICAP) T 0 2 W z F- 0 CC CC Q 0_ C/5 MIDFLORIDA FEDERAL CREDIT UNION OKEECHOBEE BRANCH A,Q/IQ, Narddl 0. Phida% ►L 110030 AMORA FLO OKEECHOBEE 9NNLM 1100 S PARROT AVE N d HWY MI SOUTH P50 CY N. Sheet No. 2 1461 Deb Z 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 334 -3366 Fax: 239 334 -6384 LaRue Planning Management Services, Inc. St aff Report Special Exception Request Prepared for: City of Okeechobee Applicant: MidFlorida Federal Credit Union Petition No.: 08- 012 -SE Staff Report Applicant's Name: MidFlorida Federal Credit Union Special Exception Request Petition No. 08- 012-SE General Info 11 n: North: Owner: Contact Person Owner Address: Contact Phone Property Address Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use Brothers Two Developers, Inc. Kendall S Phillips PO Box 1824 Sebring, Fl 33871 -1824 863 665 -4835 1100 South Parrott Avenue Legal Description of Subject Property: LOTS 1, 2, 3, 7, 8, AND 9, BLOCK 16, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA Adjacent FLUM Designations, Zoning Districts, and Existing Land Use Commercial CHV Church Multi- Family RSF1 Single- family residence and Vacant Commercial CHV Offices and Vacant Multi Family RMF Multi- family residences Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the CHV Zoning District for branch bank with drive -thru facilities to be located at 1100 South Parrott Avenue. 2 Staff Report Applicant's Name: MidFlorida Federal Credit Union Special Exception Request Petition No. 08- 012-SE Description of the Situation: The subject property encompasses about 43,000 square feet, is designated Commercial on the Future Land Use Map, and is zoned CHV. Approval of a Special Exception is required in order to allow drive through service facilities on the property. The existing 2,600 square -foot building had been, until recently, operating as a Captain D's fast food restaurant with a drive through service window. The building will be converted to a bank utilizing the existing drive through lane and a comple- ment of two additional drive- through lanes and one drive -up ATM lane that will also serve as a by -pass lane. According to the site plan, vehicular access will be via both SW 11 Street and SW 2nd Avenue. The SW 11 Street driveway will replace the previous driveway to US 441, which will be eliminated. The bank will employ approximately 9 people and will operate during the hours of 7:00 am to 7:00 pm, Monday through Friday, and from 9.00 am to 1:00 pm on Saturdays. The subject property substantially exceeds the minimum lot area of 6,250 square feet and minimum lot width of 50 feet. The location of the building appears to meet all required setbacks. The parking layout will be modified and the number of parking spaces proposed will exceed the City's minimum off- street parking require- ment of one space per 300 square feet of floor area Co i u y 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 brief statements addressing each of these standards. They are provided below in Times Roman typeface to facilitate the Board's review. 3 Staff Report Applicant's Name: MidFlorida Federal Credit Union Special Exception Request Petition No. 08- 012-SE (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) (5) Demonstrate that the proposed location and site are appropriate for the use. `The proposed location for the bank drive -thru lanes is the same as the existing (previous) fast food drive -thru window. It is adjacent to the interior lot line, adjacent to a neighboring commercial use." "The existing building and proposed drive -thru canopy are as far as reasonably possible from the residential area, to the west, west of 2 Street" Demonstrate any landscaping techniques to visually screen the use from adjacent uses, or explain why no visual screening is necessary. "Adjacent to existing commercial and 300' from residences." (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. "Hours of operation (close at 7 p.m. and 1 p.m. on Saturdays) prevent any possible nuisance to residents to the west. Much less than existing order speaker and pick- up window for previous restaurant." Demonstrate how the utilities and other service requirements of the use can be met. There are no additional utility or service requirements caused by drive -thru service." (6) Demonstrate how the impact of traffic generation will be handled off site and on -site. Ample queue length is provided for the drive -thru lanes and the throat distance for the driveway on 11 Street, S.W. is located to prevent congestion at the South Parrott Avenue intersection. 4 Staff Report Applicant's Name: MidFlorida Federal Credit Union Special Exception Request Petition No. 08- 012-SE 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). The Applicant's statements are provided below in Times Roman typeface followed by the Staff comments: A. The use is not contrary to the Comprehensive Plan requirements. "The Comp Plan allows this use." We agree, 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. "The use is listed in the Code as a Special Exception Use for CHV zoning We agree. Section 90 -283 specifically authorizes drive -thru services as a special exception use within the CHV Zoning District. C. The use will not have an adverse effect on the public interest. "The drive -thru function has no effect on the public interest." We agree, drive -thru service is not expected to have an adverse impact on the public interest at this location, which has until recently been the site of another drive through facility. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "The proposed drive -thru is a customer feature of all branch bank facilities, many of which are found in Okeechobee CHV zoning." We agree. As can be seen on the aerial at the end of this report, the subject property is bordered on the north by a church and on the south by an office building with room for additional commercial uses To the west across SW 2 Avenue there are multi family buildings To the east (across Parrott Avenue /US 441)), there is some vacant land and a single family home. Both of these parcels, while zoned RSF1 carry Mufti-Family future land use designations. The proposed bank with drive -thru services is appropriate for this location. It is reasonably compatible with adjacent uses and is not contrary or detrimental to urbanizing land use patterns 5 Staff Report Applicant's Name: MidFlorida Federal Credit Union Special Exception Request Petition No. 08- 012-SE E The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The proposed drive -thru will have no negative impact on adjacent property values or living conditions since it is located adjacent to an interior lot line, next to existing commercial. It will have no impact upon further development of adjacent property." We agree. Drive -thru services should not adversely affect property values or living conditions in the area. The only residential properties that could possibly be affected are the multi family residences to the west, and these are across the street and are unlikely to be significantly affected. F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "There is no chance of any nuisance or hazard, so no screening is needed." We agree Staff does not foresee significant adverse impacts or the need for extraordinary measures to protect the adjoining properties. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "There is effect on development density patterns due to this drive thru proposal. We agree. The proposed drive -thru facilities are not expected to over- burden public utility services. Commercial facilities such as the proposed bank will have no impact on school facilities 6 Staff Report Applicant's Name: MidFlorida Federal Credit Union Special Exception Request Petition No. 08- 012-SE H The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Traffic is staged through a bank drive -thru so that peaks do no[t] occur that will cause traffic congestion. The proposed use will occur over an existing paved parking lot and will not cause flooding or drainage problems; nor will it affect public safety." According to the "7 Edition ITE Trip Generation Report" a fast food establishment with a drive -thru generates 34.64 trips per thousand square feet. In this instance the former fast food business operating at this site could have been expected to generate about 90 trips during the weekday PM peak hour. By comparison, a drive -in bank can be expected to generate 51 08 trips per drive -in lane during the PM peak hour This indicates that the proposed facilities are likely to generate about 153 trips during the weekday PM peak hour, or an increase of about 41%, if the ATM /bay -pass lane is not counted. Eliminating an access point on US 441 is almost always an improvement. On the surface we believe that, despite the likely increase in traffic generation at the site, replacing the driveway onto US 441 with the SW 11 Street driveway will improve traffic circulation in the area without adversely affecting the nearby residential uses Recommendation: Based upon the foregoing analysis and findings, Staff recommends approval of Petition No. 08- 012 -SE. Submitted by: James G. LaRue, AICP Planning Consultant December 9, 2008 Board of Adjustment hearing: December 18, 2008 Attachments Zoning Map Property Appraiser's Aerial Photograph 7 Staff Report Special Exception Request MidFlorida Site H RSF1 RMH r- RSF2 RMF CPO CLT A CBD 1 CHV IND L 1 PUB PUD -R PUD -M Applicant Name: MidFlorida Federal Credit Union Petition No.: 08- 012 -SE ZONING MidFlorida Credit Union Site and Environs 300 0 300 600 Feet 8 Staff Report Applicant's Name: MidFlorida Federal Credit Union Special Exception Request Petition No. 08 -012 -SE Okeechobee County Property Appraisal Aerial 9 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 r copy of advertisement being a J in the matter of MA- 4. 141 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of a/.2, ._..aO 6 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. Swirn to and subscribed before me this Ig day of AD aGee 7. 7 7W64; gl--zi,--r-e'-‘0' L ary Public, State of Florida at Large c'. Commission DD505311 9 o Expires January 10, 2010 �l OF ce Bonded Troy Fam krsurance. kit 804385-7019 J J NEWSPAPERS OKEECHOBEE NEWS 107 S.W 17th Street, Suite D, Okeechobee, FL 34974 INDEPENDENT 4.4 (863) 763 -3134 NOTICE OF CITY PLANNING BOARD MEETING NOTICE: The thy of Okeechobee Planning Board will meet as the Local Planning Agency on Thursday; December 18,, 2008 al 6:00 p.m. or as soon thereafter as possible, to consider any proposed amendments, submitted by City Staff or citizens, t o the adopted City Comprehensive Plan, which may inciude amendments to the adopted Land Devebpmenf Regulations ((DR's NI amendments are forwarded, with a recommendation, to the City Council for foal consideration. The meeting will be held at City Hall, 55 Southeast 3rd Avenue;.in the Conned Chambers, Room 200, Okeechobee, Florida. A copy of the agenda may be obtained from the City web site www.cityofokeecho- bee.com a contact the General Services Department, bclementOci votskeecho- bee.com, (863) 763 -3372 x 218. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and 'evidence upon which the appeal is to he based. General Services media are used for the sole'purpose of back -up for the department. in accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding sho contact Betty Clement no later than two (2) working days prior 1- ro ll TDD 1.800- 955 -8770 (voice) or 1 -800- 955- 87 y71 (TIY). hearing or voice impaired, BY: Brian Whifehal), Zoning Administrator 302911 ON 12/3,12/08 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 ,)p r i 6-6,c) in the matter of INDEPENDENT J NEWSPAPERS OKEECHOBEE NEWS 107 S.W 17th Street, Suite D, Okeechobee, FL 34974 C44 a in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspa er in the issues of I; 3 ra -A661 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. j waryl to and subscribed before me this tary Public, State of Florida at Large Ocoly PVe/ Janetta Thiboult Commission DD505311 o Expires January 10, 2010 or P-.& Bonded Troy Fain insurance. tint 80 MS7019 >f day of �1�T� ATE ,t3° (863) 763-3134 NOTICE OF CONSIDERATION OF PROPOSED COMPREHENSIVE PUN AMENDMENTS NOTICE: A PUBUC HEARING vittl be held before the City of Okeechobee Planning Board/Board of Adjustment and Appeals on Thursday, December 18, 2008 at 6:00 p.m. or as soon thereafter as possble. The meeting will be held at City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200,,Okeechobee, Rodda. To consider a request for a Comprehensive Plan Small Scale NUB Land Use Map Amendment Application No. 08-007-SSA. The application is submitted by Muham- mad Noorudthn, on behalf of properly owner s),, A.M.S.A. Holdings, LLC. a app8- c ation is. to change the Future Land Use from Multi-Family (MF) to Commercial (C) for property located at 111 Northeast 11th Street Legal description: Lots 17 through 19 of Block 18, Okeechobee, according to the plat thereof rocdrded in Plat Book 5, Page 5 Public Records at Okeechobee County, Florida. A copy of the agenda may be obtained from the City websde www.cltvofokeecho- 880.GQS or contact the General Services Department, 6clementCScavatokeecho- I1CG&ffiL (863) 763.3372 8 218. A copy of the entire application(s) are available at the General Services Department The Planning Board will make recommendations to the CIIy Count for consideration and final adoption tentatively scheduled for Tuesday, January 6, 2009. PLEASE TAKE NOTICE AND BE ADVISED that A any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this ma wtuwtdch d includes the testimony and evidence e o record �echrth eeappppeea 11 to be based. General Services media are used for the sole purpose back-up for the depalhnent In accordance with the Americans with Disabilities Act (ADA) and Honda Statute 286.26, persons wilt disabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no later than two (2) waking days prior to the p roc ng at 863- 763 -3372 x 218; 8 you are hearing or voice impaired, call TDD 1- 800.9 8770(voice) or 1- 800. 965.8771 (TTY). BY: Brian Whitehall, Zoning Administrator Application No. 08-007-SSA 302916 ON 12/3,12/08 INDEPENDENT Iiiiiii NEWSPAPERS OKEECHOBEE NEWS 107 S W 17th Street, Suite D, Okeechobee, FL 34974 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 Atu 4-- &.ciiy 2 in the matter of Y in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of a/3 (20 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. day of Swor to and subscribed before me this ary Public, State of Florida at Large Janetta Thiboult Commission DD505311 o Expires January 10, 2010 cc f Bonded Troy Fain insurance inc 800-3857019 NOTICE OF CONSIDERATION OF PROPOSED SPECIAL EXCEPTION NOTICE: A PUBLIC HEARING will be held before the City of Okeechobee Planning Board/Board of Adjustment and Appeals on Thursday, December 18, 2008 at 6:00 p.m. or as soon thereafter as possible. The meebn9 will be held at City Hall, 55 SE 3rd Avenue, in the Counct Chambers, Roam 200, Okeechobee, Ronda. To consider Special Exception Petition No. 08. 012 -SE, submitted by Kendal S. Phil- lips, Engineer for MidRorida Credit Union, on behalf of property owner(s), Broth- ers Two. Developers, Inc., to allow a Drive- through service within a Heavy Commercial Zoning District (Ref. Code Book Section 90- 283(1)). Property is located at 1100 South Parrott Avenue. Legal descripbon: Lots 1 to 3 and 7 to 9 of Block 16, South Okeechobee, and is approxknatey 0.98 acres. A copy of the entire applications) and agenda are available in the General Servic- es Office, Rm 101 at City Hall or by calling Betty Clement at (863) 763 -3372 x 218. Please be advised that the Board of Adjustment and Appeals will serve as the decision malting body (quasi judicial), an behalf of the City, to approve or deny Special Exception Petitions, PLEASE TAKE NOTICE AND BE ADVISED thatii any person desires to appeal any decision made by the Board of Adustrnents and Appeals with respect to any mat- ter considered at this meeting, or seating will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media is for the sole purpose of backup for official records of the department to accordance with the Americans with Disabilities Act (ADA) and Ronda Statute 286.26, persons wdh rOsabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no later than two (2) woddng days prior to the proceeding at 863-763-3372 x 218; if you are hearing or voice im- paired, call TDD 1-800-955-8770 (voice) or 1-800-955-8771 (TN). BY: Brian Whitehall, Zoning Administrator Paton No. 08 -012 -SE 302920 ON 12/3,12/08 (863) 763 -3134 J J INDEPENDENT NEWSPAPERS OKEECHOBEE NEWS 107 S_W.17th Street, Suite D, Okeechobee, FL 34974 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 t t in the matter of US 2 y711 -41.4 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 1 day of 1 Swg)rn to and subscribed before me this 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, an d 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. AD ao CU ■-;;WZ -----;51-,-/--2-zo ary Public, State of Florida at Large 4 Expires January 10, 2010 114 0.0 Bonded Troy Fan Insurance. hnc 800-385-70i9 (863) 763-3134 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 on Thursday December 18, 2008 at 6:00 p.m. or as soon thereafter as possible. The meeting wit be held at City Hall, 55 Southeast 3rd Avenue, in the Counct Chambers, Room 200, Okeechobee, sl a.. g he tti io"cprdilApr a •requestto zoning district from Residential Multiple family `(RMF)to Coinnlercial Professional Office (CPO) tor.Petition No. 08. 011 -R: The petition is.being submitted by Muhammad Nooruddin on behalf of property own er(s) A.M.S.A. Holdings, LLC. The property is located at 111 Northeast 11th Street Legal description: Lots 17 to 19 of Block 18, Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 10 Public Records of Okeechobee County, Florida, and is approximately 0.488 acres; A copy of the agenda may be obtained from the City website wwwcilvotokeecho- bee.cnm or contact the General Services Department pclement8cilvofokeecho- bee.corg, (863) 763 -3372 x 218. A copy of the entire application(s) are available at the General Services Department. The Planning Board wig make recommenda- tions to the City Council for consideration and final adoption tentatively scheduled for Tuesday, January 20, 2009. PLEASE TAKE NOTICE AND BE ADVISED that 0 any person desires to appeal any decision made by the Planning Board/Board of Adjustments and Appeals with re- spect to any, mater considered at this meeting, Of hearing wig 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. Media are used for the sole purpose of back -up for the General Services Office. In accordance with the Americans with Disabilities Act (AOA) and Ronda Statute 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 863-763-3372 x 218; if you are heanng orvoice im- paired, call 1DO 1-800- 955 -8770 (voice) or 1-800-955-8771 (TTY). BY: Brian Whitehall, Zoning Administrator Petition No. 08 -011 -1 302919 ON 1213,12/08 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� M -f1.) in the matter of "4:04 (J in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published 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. won to and subscribed before me this J J DEPENDENT NEWSPAPERS OKEECHOBEE NEWS 1 6 C' _1:_ day of Q.vi A ll e:3-t 0 X z 7�q otary Public, State of Florida at Large ey Janetta Thiboult Commission DD505311 o Expires January 10, 2010 F bonded Troy Faro insurance Mc 800.385:7019 107 S.W 17th Street, Suite D, Okeechobee, FL 34974 (863) 763 -3134 NOTICE OF CONSIDERATION OF PROPOSED ZONING 8EClASSIFICATION NOTICE: A PUBIJC HEARING will be held before the City of Okeechobee Planning Board/Board of Adjustment and Appeals on Thursday, December 18, 2008 at 6:00 p.m. or as soon thereafter as possible. The meeting will be held at City Hall, 55 Southeast 3rd Avenue, in the Courre0 Chambers, Room 200, Okeechobee, Florida. To consider a request to charge the zoning district from Commercial Professional Office (CFO) to Public Facitmbes (PUB) for Petition No. 08- 008 -R. The petition is being submitted by Colin 'Cameron, Attorney for ARC/Okeechobee Rehabilitation, on behalf of property owner(s) Okeechobee County. The property is located at 403 Northwest 2nd Avenue. Legal descd n: Lots 7 to 12, inclusive, and the South 47 feet of Lots t to 6, in- clusive, us alleyway lying within the block of. Block 107, Okeechobee, accord- ing to a plat thereof recorded m Plat' Book 5, Page 5 Public Recordg of Okeechobee County, Rodda, anp is approximately t425 acres; A copy of the agenda may be obtained from the City website www.cilivofnkeecho- beu Qm. or contact the General Services Department, bclement s ityofokeecho- Dou o, (863 763.3372 x 218. A copy of the entire application(s) are available at the General Services Department The Planning Board will make recommenda- tions to the City Council for consideration and final adoption tentatively scheduled for Tuesday, January 20, 2009. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the PIa0ning Board/Board of Adjusbnents and Appeals with re- spect to any matter consibered at this meeting or healing will rieedd 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. Media are used for the sole purpose of back -up for the General Services Office. in accordance with the Americans with Disabilities Act (ADA) and Ronda Statute 286.26, persons with 8sabi hties needing special accommodation to participate in this proceeding should contact Betty Clement, ne lat than two (2) worldng days prior paired, call TD -800 955 0 (voice) or 1- 1 800 -95 8771 (TT t)). a voice im- BY: Brian Whitehall, Zoning Administrator Petite i No. 08- 008-R• 302917 ON .12/3,12/08