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2010-01-21I. CALL TO ORDER Chairperson. Planning Board /Board or Adjustment and Appeals, January 21, 2010, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE Secretary. Chairperson Devin Maxwell Vice Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Osiel Luviano Board Member Douglas McCoy Board Member Malissa Morgan Alternate Member Karyne Brass Alternate Member Phil Baughman Attorney John R. Cook Senior Planning Consultant Bill Brisson Board Secretary Betty J. Clement III. MINUTES Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the October 15, 2009 regular meeting. IV. AGENDA Chairperson. CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS JANUARY 21, 2010 SUMMARY OF BOARD ACTION A. Requests for the addition, deferral or withdrawal of items on today's agenda. CUSSIO Chairperson Maxwell called the January 21, 2010 meeting to order at 6:00 p.m. Secretary Burnette called the roll: Present Absent with consent Present Present Present Present Present Present (moved to voting position) Present Absent Present Absent (Patty Burnette in attendance as well as City Clerk Gamiotea) Member Burroughs motioned to dispense with the reading and approve the Summary of Board Action for the October 15, 2009 Regular Meeting; seconded by Member McCoy. VOTE MAXWELL YEA HOOVER ABSENT BURROUGHS YEA KELLER- YEA MCCOY- YEA MORGAN YEA BRASS YEA BAUGHMAN NON- VOTING PAGE 1 OF 4 LUVIANO YEA MOTION CARRIED. Chair Maxwell asked whether there were any requests for additions, deferrals or withdrawals of items on today's agenda? There were none. V. CONSIDER PETITIONS AND APPLICATIONS. A. Petition No. 10- 001 -SE submitted by Mark Goodbread on behalf of property owner G -4 Land Cattle Inc. 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. JANUARY 21, 2010 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS PAGE 2 OF 4 USSI( Chair Maxwell announced the first item of business to consider, will be under the realm of the Board of Adjustment and Appeals, in order to consider approval or denial of a special exception petition. This Board is quasi-judicial and for the record, all eight items set out in Section 70- 373(c) shall be considered. He then yielded the floor to Mr. Brisson to review the petition and Planning Staff Report findings. Special Exception Petition No. 10- 001 -SE is to allow a drive- through service for a proposed fast -food restaurant on approximately one -acre of Heavy Commercial zoned parcel located at 2100 South Parrot Avenue. This is a permitted special exception in CHV. G -4 Land and Cattle Company own Lots 1 and 7 (less the North 23 feet) of Block 46. Gagbee, Inc. owns Lots 2, 3, the North 8.5 feet of 4, 8, 9, and the North 8.5 feet of 10 of Block 46, all within the First Addition to South Okeechobee Subdivision. The alley running North to South is closed as well. The applicant addressed all six items necessary to demonstrate the appropriate need and use of the special exception. The eight findings were addressed by the applicant with comments by the Planning Staff as follows: (1) the use is not contrary to the Comprehensive Plan requirements as it is a permitted special exception use. (2) As found in Section 90 -283 the drive through is specifically allowed. (3) The use will not have an adverse effect on the public interest provided there are provisions for safe and convenient ingress and egress during site plan review. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use pattems, so long as headlights from parked cars are shielded and areas where external influences such as noise from loudspeakers or music is located away from the residential areas directly to the west. (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property so long as items three and four above are addressed adequately. (6) The use will be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses such as the loudspeakers that would be used either for ordering or order taking, or for music, these areas should be removed from the westernmost areas of the property. (7) The use will not create a density pattem that will overburden public facilities such as schools, streets, and utility services. (8) Given the recommended conditions expressed earlier, the use will not create a traffic congestion, flooding or drainage problems, or otherwise affect public safety, as the traffic and drainage will be closely addressed during site plan review. Chair Maxwell then yielded the floor for the applicant to address the Board. Mr. Brad Goodbread and Mr. Mark Goodbread were both in attendance. However, they requested Project Engineer, Mr. Steve Dobbs, of Rudd Jones and Associates, whose address is 310 Northeast 6` Avenue, to address the Board on their behalf. Mr. Dobbs noted the applicants did not have any issues with the Special Conditions as recommended by Planning Staff. 92L V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. A. 3. Open Public Hearing for public comment for Petition No. 10- 001-SE Chair. 4. Close Public Hearing Chair. 5. Board Discussion. 6. Consider motion and vote. JANUARY 21, 2010 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS PAGE 3 OF 4 Chair Maxwell opened the Public Hearing for any questions or comments from the public at 6:19 p.m. There were none. Adjoining property owner, Mr. Edward Sizemore of 203 Southwest 21 Street had called the General Services Department to note that he would be in attendance at the meeting to voice his concerns of the project. However, Mr. Sizemore was not present. Chair Maxwell closed the Public Hearing at 6:20 p.m. The floor was opened for discussion between the Board regarding the petition for the Special Exception. Planning Staff is recommending approval with the following Special Conditions: Consideration be given during the site plan review process of the need to locate areas where loud speakers will be used during evening or nighttime hours to keep away from the western boundary of the property. Landscaping be required along the western boundary of the property as necessary to shield nearby residential areas from the effects of headlights of parking or parked vehicles. -Any additional future development of the balance of the 2.75 acre property Tying between South Parrott and Southwest 2nd Avenues and between Southwest 21St and 22nd Streets shall be limited to that which will generate average daily and evening peak hour traffic no greater than that set forth in the Traffic Impact Analysis prepared by LCJ Consulting, Inc., prepared for the Goody's Center /Oak's Plaza project and dated July 28, 2008, upon which the City's Transportation Concurrency Letter was based; or a new professional traffic analysis is conducted, the results of which show the mix of development on this 2.75 acre property will not result in the need of improvements to Southwest 21St Street or its intersection with South Parrot Avenue (U.S. Highway 441). The Board Members questioned the validity of the third Condition as the current project met traffic concurrency. Mr. Brisson explained this condition was more of a precautionary measure to make sure everyone was aware that the July 28, 2008 letter, which was submitted by the applicant as evidence that traffic concurrency will be met, may or may not work for potential development on the rest of the Block. The applicant noted they did not object to this Condition. Member Burroughs moved to approve Petition No. 10- 001 -SE to allow a drive through in a Heavy Commercial Zoning District with the three Special Conditions as outlined above and included in the Planning Staff Report; seconded by Member Brass. There being no further discussion, the vote was as follows: V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. A. 6. Consider motion and vote for Petition No. 10- 001 -SE continued. VI. NEW BUSINESS. V. ADJOURNMENT Chairperson. ATTEST: Betty J. Cle A. Consider any additional requests for amendments to the City's Land Development Regulations Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records of the Department. ent, Secretary Devjn Maxw II, Chairperson USSIO MAXWELL YEA HOOVER ABSENT BURROUGHS YEA KELLER- YEA MCCOY -YEA MORGAN YEA BRASS YEA JANUARY 21, 2010 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS PAGE 4 OF 4 VOTE BAUGHMAN NON VOTING There being no further items, Chair Maxwell adjourned the meeting at 6:23 p.m. LUVIANO YEA MOTION CARRIED. Chair Maxwell asked whether there were any requests for amendments to the City's Land Development Regulations? There were none offered. 323 Jan of of ea& Ofe af; SideIi V M) Dove r 6tutitoushA, 9 U 1/ eQ./)b 1I In eg in Qr9 �Ve4 G ck. 3 /no-4i iiivf adop,e, 6a4 me. f)taitium 6d/61 4461,v- Oc7 pt aL CO34. 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Lc,QST..S P l> fr e ia ne_ (3 t L D S 44. l A C� J OW r J in the matter of )1ID EPENDENT mom NEWSPAPERS OKEECHOBEE NEWS NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director 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 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. e J Judy Kasten Sworn to and subscribed before me this d ay of Notary Public, State of Florida at Large NOTARY PUBLIC -STATE OF FLORIDA Angie Bridges Commission #DD779718 Expires: APR. 20, 2012 BONDED THSU ATLANTIC BONDING CG., INC 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763 -3134 NOTICE OF CTTY PLANNING BOARD MEETING NOTICE: fie HQryof Okeechobee earning Bawd wdtmeetas the Local Planning Agency on T[tunday, January 21, 2010 at &011 p.m. or as soon thereafter as possible, to corelda ame ents, submit- ma by ON sif amendments to to �e Plan, which s NI amendments are with a es the Oty for final consideration. The meeting oil be held at'aty 55 Southeast 3rd Avenue, in the Council °umbers, Room 200, Okeechobee, PLEASE TAKE NaIICE MD BE ADVISED that no stenographk record by a certified court reporter MI be made of the foregoing meeting. Accordingly, any person who may seek to dedelan invoking Ithe mattes no- t n k c d and will be appeal for a ver record d the testimo- Please c Gennral -S Services at B63- 7663 333072 appeal o wel� be based. In accordance with the Americans w Ri ith Dlsabs Ad (ADA) of 1990 per should needing General Services ce 863-763-337 Br. Brian WMekall, Zoning Administrator 343893 ON 1/15/10. 00 CD 0 c CD CD O_ O_ O O_ CD CD O O. c 0) O CD 3 0 0 O_ a) 0) a) CO CD O. O O 0 0 O. CD N CD CD C a) O_ 5 CO a) O_ a) 0 CD CD C/) 3 3 a) 0 0) c0 co 0 a) a O_ w O a) a 0 O_ N_ 3 CD a) O a CD 0) D 0 0 CD 0 0 0 0 m O CO 3 CD CO a) 3 CD CD CO CncnDDD 000oW0000<0 n 7 0 m(0 N 2 a a a0) f 3 o' 3 3 0. 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(8631 763 1 686 /2 Fee Paid. 5% CO Jurisdiction: 1" Hearing: 11,2 2 Hearing: j4-- Publication Dates: 1-S --/o F-- 1- I3---/ Notices Mailed: Namdof applicant(s) if other than owner a y Applicant mailing address: 1c Name of contact person (state relationship): Contact person daytime phone(s): c r e Property address/directions to property:4a d 0 u(,,, t C7 -e O Z5 t Describe current use of property: Describe improvements on property `l (number /type buildings, dwelling units occupied or vacant, etc. o c L i t h ate. d 0t €c Is property in a platted subdivision? Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: Is a pending sale of the property subject to this application being granted? Future Land Use classification Parcel Identification Number 3 a Page of 10 18 Non- refundable application fee: Rezoning $850; Special Exception: $500; Variance: $500; all plus $30 /acre Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 19 Last recorded warranty deed 20 Notarized letter of consent form property owner (if applicant is different from property owner) 21 Three property surveys (one no larger than 11" x 17 containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to- nearest tenth of an acre 1- 22 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property App. Office (attached) 23 Affidavit attesting to completeness and correctness of the list (attached) 01 �'x�' 4. `'�2'. ice° a'..�KC 'd _zi a£ tt,0 F T Y`RELA I 'Il Q X20 3_ r�'�: d C'u.- A- 3a—__ G: 3 Srs�+i3$ 0 F 23 Current zoning classification: Requested zoning classification 24 What is the desired permitted use and intended nature of activities and development of the property? 25 Is a Special Exception necessary for your intended use? 26 Is a Variance necessary for your intended use? 27 Y x"` uc,.n ar Applicant's materials addressing required findings for granting a rezoning (attach `Q,L^ 3 1 i�x� $3� 7 INFO n r"L E C iC 3l RELATI 1T 17`Tl EC XCEl -:i -.sirs �-:t mr-.: =Pr c s._�a.,e>•�'+�er�€:;,.. a 9� i I 28 Describe the Special Exception sought: l.` t k Wi i v.: I V VI' i 1 "i,4 29 Are there similar uses in the area? If so, describe them: Ca O-Jf .f. fi n a, i/ b lf`i. 4. -R1 N ()X_ (in 4 6, oaf f3 a tetICA Pri Se.. 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: a 7 l Ff f 0! 116, an iixoted Revised 11/08 Page 2 of 10 Describe the Special Exception sought: Describe the physical characteristics of the property that make Did you cause or contribute to the characteris What is the minim ariance necessary? licant's materials addressing standards for granting a variance (attach) ariance necessary. necessitating the variance? If so, describe: Applicant's materials addressing findings required for granting a variance (attach) 39 I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and .y resulting the summary denial of this application. Sia a e +e Date I 1 ,4PP rg Ad 44 31 Applicant's materials addressing standards for granting a special exception (attach) 32 Applicant's materials addressing findings required for granting a special exception (attach) Revised 7/08 Page 3 of 10 Name of Property Owner(s): KQjtj 0 Cx b-i prcadAt Mailing Address: 17S '10 Rri S Okmac.GL> 6 wG T--{ 34+q''l Z Home Telephone_ Work: Cell: 54 f- ��p 1 /5 Property Address: t 515,14:4L t 4 Lam Parcel ID Number: 3-- 3 7_ (mac) r o. Ors IJ Name of Applicant: itlaKit c Home Telephone: 0 c Work:` 7 0 D j Cell: 3 Q 9( ct t.1Ly oI VKeecnobee 55 SE 3 Avenue Okeechobee, FL 34974 Tele: 863 -763 -3372 Fax: 863- 763 -1686 LAND USE POWER OF ATTORNEY Revised 7/08 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. 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 ther Sworn and subscribed this Nit day of (XICADV 2001 Notar4uhlic: Commission Expir NOTARY PUBLIC -STATE OF FLORIDA Sheryl D. Tanner SEAL Commission #DD852297 Expires: FEB. 03, 2011 BONDED Tk RU ATLANTIC BONDING CO., INC. Page 10 of 10 cl 0 .1 3 Parcel ID Number 3- 28 -37 -35 -0050- 00460 -0020 &3- 28- 37 -35- 0060 -00010 -0010 Prepared by and Return to: Okce- Tantie Title Company, loc. 105 N. W1M�\�6th Stmt 0knechul Florida 14972 VVnty Deed This Inde Exgcuted this January 7, 2003 A.D. Between SAMUEL i EVERETT, JR., A married person, whose address is x 507, Okeechobee, FL 34974, hereinafter called the grantor, to GAGBEE, IN Florida Corporation, whose post office address( 2575 Highway 70 East, Okeechobee, FL 34972, hereinafter called the grantee: (Whenever used basin C C Ili l grantor and "grantee" include a0 the panics to this instrument and the heirs, legal representatives and assigns of individuals, and the succesidOml assigns or =potations) Witnesseth, that t considerations, receipt whereof is unto the grantee, all that certain la Lots 2, 3 and 4, Block 46, FIRST A Page 17, Public Records ofOkeecho Northeast 1/4 of Section 28, Township .7-4. ND Lots 1 and 2, Block 1, ROYAL OAKS ADD1T s of Okeechobee County, Florida. These lots 1/4 of Section 28, Township 37 South, Range r Grantor herein Warrants that the above property ii2nar >r under the laws and constitution of the State of Florida. Parcel ID Number. 3-28-37-35-0050-00460-0020 and 3-28-37-35-0060-00010-0010 Subject 10 covenants, restrictions, easements of record and taxes for the current year. Together with all the tenements, hereditamenls and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to self and convey said land; that the grantor hereby fully warrants the title to said land and wilt defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2002. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, rrd delivere1 o r r reseni g !le%tilr_ %iri= Witness Printed Name State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this January 7, islarcc personally known to me or who has produced a drivers liens File Number 20914 DEED Okeechobee C7mers' Choice ntor, for and in consideration of the sum of Ten Dollars, ($10.00) and other vahtable 8eknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms in Okeechobee County, Florida, viz: ON TO SOUTH OKEECHOBEE, according to the Plat thereof recorded in Plat Book 1, nty, Florida. These lots lying in and comprising a part of that part of the East 1/2 of ,Sinuth Range 35 East, lying West of Parrott Avenue, Less the South 519.3 feet thereof. UEL D. EVERETT, Documentary Stamps paid in ant Afotary un CI C Intamptge Tax paid in the amount asy caarminl of '--o— Sharon Robe tsen Clerk of Circuit Court Okeec.tiobee County, Honda By Date_ 1-- /a- 3$3931 according to the Plat thereof recorded in Plat Book 1, Page 8, Public Records comprising a part of the South 519.3 feet of the Southeast 1/4 of Northeast a West of Parrott Avenue. Address: P.O- Box 507, Okeechobee, FL 34974 nt Name: MO t 921111396 FILED FOR RECORD nKEE<:Hi1FtE" COtlrlty. Flt. 03 JAN 10 PH 4:27 CLERK OF CIRCUIT COURT Renee lee Olathe, 4 MYtk M 8 SK N, 000/162.1 1701115 December 1, 2005 aenato TNU 1 qr 5N/ amaAaR alC n, who This instrument was prepared by: Return to: James M. Gann, P. A. P. O. Box 1596 Bellepde, Fl. 33430 P R -2 S 'sees cation No. 50- 00460 -0080 0 This Inde I re, made this EDW SIZF,MORE, SR., a single person whose post office address(i 203 S. W. 21st Avenue, Okeechobee, Florida, 34974 of the County of OkeechobCl State of Florida, grantor*, and ti 2 GAGBEE, IN whose post office address is of the County of Okeechobee Witnesseth that said grantor, for WARRANTY DEED (STATUTORY FORM SECTION 689.02, F.S.) Florida corporation 70 East, Okeechobee, Florida, 34972 `Ctaate of Florida, day of 4.40, ST 2007, Between 11I'1IIIuIflI FILE NUM 2007010944 OR BK 00636 PG 1729 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 08/07/2007 01:00 :08 PM RECORDING FEES 10.00 DEED DOC 1,750.00 RECORDED BY R Parrish Ps 1729; (1Ps) grantee*, e n. ideration of the sum of (510.00) .0 T and no/100 Dollars, and other good and valuable considerations to 3 in band paid by said grantee, the receipt whereof is hereby ac has granted, bargained and sold to the said grantee, and gran assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to-wit: Lots 8 and 9, Block 46 FIRST ADDITION office of the Clerk of the Circuit Court in an Subject to restrictions, reservations and easements of OUTH OKEECHOBEE, according to the plat thereof on file in the eechobee County, Florida, recorded in Plat Book 1, page 1 7. es subsequent to December 31, 2006. and said grantor does hereby fully warrant the title to said Ian wiu defend the same against lawful claims of all persons whomsoever. "Grantor" and "grantee" are used for singular or plural, as context requires. bless Whereof, grantor has hereunto set grantor's hand and seal the day and year first o- e3 M•r4w" .LO Printed na+ Pl. 110.b HA 17n STATE OF FLORIDA COUNTY OF PALM BEACH hD The foregoing instrument was acknowledged beform this is perso a or produced My commission expires: tor: ve written. Printed name: EDWARD J. SIZEMORE. SR. Grantor. Printed name: day of 1"11481A5T 2007, by EDWARD J. SIZEMORE, SR. He as identification LOITDraltir No Public Linda M. Woodham Coninlsalon 1 DD385441 Expires February 10, 2009 Book636 /Page1729 CFN #2007010944 Page 1 of 1 Prepared By and Return to John D. Cassels, Jr., Esquire Cassels McCall P.O g Ok ho Florida 34973 FileN6^9�87$5 Parcel ID Number:B- 28- 37 -35- 0050 00460 0010 �v C. J 111111111111111151111113111111 FILE NUM 2005007675 OR BK 00656 PG 0544 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 06/27/2008 04.46:05 P11 AMT 10.00 RECORDING FEES 18.50 DEED DOC 0.70 RECORDED BY M Pinon Pas 0544 54Si (2essi QUIT CLAIM DEED ,70e THIS THIS Q(O�CLAIM DEED executed this day of October, 2006, by GEORGE A. man, whose mailing address is 12575 Highway 70 East, Okeechobee, Florida AND CATTLE COMPANY, a Florida corporation, whose mailing address eechobee, FL 34974, GOODBREAD, a 34974, first party, to G is 12575 Highway 70 Ea s (Wherever used herelt terms "first party" and "second party" shall include singular and plural, heirs, legal rep f3tives and assigns of individuals and the successors and assigns of corporations, wheret>rontext so admits or requires.) WITNESSETH: That the said first party, for and ippcnsideration of the sum of $10.00 in hand paid by the said second party, the receipt whereof is hereby acknol does hereby remise, release and quit claim unto the said second party forever, all the right, title, inteir 4Fiaim and demand which the said first party has in and to the following described lot, piece or phitcerbf land, situate, lying and being in the County of OKEECHOBEE, State of Florida, to wit: if any. Signed, Sealed and Delivered in the presence of Print ame of Witness 18795 68327. W PD1 LOTS I AND 7, BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK I, PAGE 17. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH THREE (3) FEET THEREOF. The above described property does not constitute the homestead of the grantor. Subject to covenants, restrictions, reservations and easements of record and taxes for the current year, This instrument is given to correct the name of the Grantee where placed in the Grantor's name in error initially. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF the said first party has signed and sealed these presents the day and year first above written. Book656 /Page544 CFN #2008007675 A. GOOD Highway 7 Flori a 34974 Page 1 of 2 W ''ESS d r .4 O"2r. Printed Name of Witness f ��a STATE 1 ORIDA COUNTYtiFSI ECHOBEE The fdbing instrument was acknowledged before me this /I day of October, 2006. by GEORG E A. GOODBREAD identification. Printed Name of Witness-MY. 18793 68323. W PDI ho is personally known to me, or 0 who has produced as mission Expires: IT IS HEREBY CERTIFI WE HAVE PREPARED THIS INSTRUMENT FROM INFORMATION GIVEN TO �BY THE PARTIES HERETO. WE DO NOT GUARANTEE EITHER MARKETABILITY 4*;ITLE, ACCURACY OF DESCRIPTION OR QUANTITY OF LAND AS WE DID NOT EXAM TITLE TO THE PROPERTY INVOLVED. 7 .2.) Book656 /Page545 CFN #2008007675 Page 2 of 2 G4 Land and Cattle, Inc. G4 Land and Cattle, Inc. are requesting a Special Exception for Okeechobee County Property Appraiser's Parcel No. 3- 28- 37 -35- 0050 -00460 -0010 and adjoining parcel that will make up the north 135' of the block for a Drive Through Restaurant. The Future Land use on this entire block is Commercial. The current zoning on this entire block is Heavy Commercial and the alley in this block has been abandoned. This additional information is submitted in support of the above referenced Special Exception. 1. Demonstrate that the proposed location and site are appropriate for the use. The location and site are both appropriate for the proposed use as the site is located at the southwest corner of Highway 441 S and SW 21 Street and there is a 24 hour 7 day a week carwash to the south and an insurance business to the north and Wal -Mart to the east. Access to this intersection makes it uniquely situated for the proposed use since this intersection is probably the second most used intersection behind Highway 441 and SR 70. 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. The building is compatible with the surrounding buildings and uses. There is a mixture of architectural styles already present in the area and the proposed building will fit in with the various architecture styles present currently. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. The proposed site and parking area will be designed with a landscape buffer at the perimeter of the parcel sufficient to shield any headlights from parked or parking cars from escaping the site. 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. There are no anticipated hazards, problems or public nuisances anticipated by this use. 5. Demonstrate how the utilities and other service requirements of the use can be met. Utilities are accessible to the site with a 12" water main located on the east side of the parcel, gravity sewer accessible 1 block to the west on SW 3rd Avenue with an existing FDEP Permit No. 0040824 053 -DWC to extend service to this site. Electric service is available on the east side of the project. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. According to the traffic Engineer for the originally proposed Oak's Plaza, the traffic generated from both the proposed drive through restaurant as well as the additionally proposed sit down restaurant on the balance of the site will be less than the City agreed to in the City's Transportation Concurrency issued on October 20, 2008 and attached to this document. The site will be designed to adequately handle the onsite traffic. The above responses support the granting of the Special Exception on this parcel and justify the Board of Adjustments and Appeals to grant the Special Exception based on the following documentation. 1. The use is not contrary to the Comprehensive Plan requirements. The comprehensive plan allows a Drive- Through Restaurant in Heavy Commercial Zoning. 2. The use is specifically authorized as a special exception use in the zoning district. The City of Okeechobee's LDR No. 90 -283 specifically allows a Drive Through Restaurant with a Special Exception. 3. The use will not have an adverse effect on the public interest. This is in the public interest to take the currently undeveloped parcel and develop the parcel which will increase the value of the property and enhance this portion of the City. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. As shown above, this parcel is very well situated for the proposed use. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The addition of this project should increase property values along Highway 441S and should encourage development of adjacent property where businesses like to be close to high traffic business like the one proposed. This project will not deteriorate living conditions in the area. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. This project would not need to be screened to the north or south due to these parcels being currently developed commercially. There is residential to the west and with appropriate landscaping can be screened and offer buffering to the existing residences in this area. Previously, there was a restaurant in this block. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. As shown above, this project will not overburden any utilities, schools, or streets. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. As shown above, traffic congestion will not be a problem. The flooding or drainage problems should be abated somewhat since currently the site drains unabated into the surrounding streets and after development, there will be a drainage system that will attenuate any increased runoff from the site and will discharge directly into the FDOT drainage system instead of draining into the surrounding streets and entering the FDOT Drainage System through the inlet on Highway 441S. DESCRIPTION: EXHIBIT "A" SHEET 1 OF 2 PARCEL "A" LOTS 1, 2, 3, 7, 8, 9 AND THE NORTH 8.50 FEET OF LOTS 4 AND 10, BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 23.00 FEET OF SAID LOTS 1 AND 7, TOGETHER WITH THE VACATED ALLEY LYING ADJACENT TO SAID LOTS 1, 2, 3, 7, 8, 9 AND THE NORTH 8.50 FEET OF LOTS 4 AND 10, LESS AND EXCEPT THE NORTH 23.00 FEET OF SAID LOTS 1 AND 7. PARCEL "B" THE SOUTH 20.00 FEET OF THE NORTH 23.00 FEET OF LOTS 1 AND 7, BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TOGETHER WITH THE VACATED ALLEY LYING ADJACENT TO THE SOUTH 20.00 FEET OF THE NORTH 23.00 FEET OF SAID LOTS 1 AND 7. PROJECT SPECIFIC NOTES: (1) THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY, IT IS A SKETCH AND LEGAL DESCRIPTION ONLY. (2) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE FOR EASEMENTS, DEED RESTRICTIONS, ZONING SETBACKS, RIGHTS -OF -WAY OR ABANDONMENTS. (3) REPRODUCTIONS OF THIS DRAWING ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE SIGNING SURVEYOR. (4) REFERENCE SURVEY: SURVEY IS BASED ON BOUNDARY SURVEY PREPARED BY THIS OFFICE, DRAWING NUMBER 21412, SHEET 1 OF 1, DATED 11/01/07. (5) BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH RIGHT -OF -WAY LINE OF S.W. 21ST STREET, TAKEN TO BEAR SOUTH 89'59'58" EAST. (6) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. FLORIDA LICENSE NO. 4820 PROFESSIONAL SURVEYOR AND MAPPER KENNETH A. BREAUX, JR. PSM PREPARED FOR: DESCRIPTION PREPARE EXHIBIT FILE DWG NO: 23240 -1 SKETCH OF DESCRIPTION BRAD GOODBREAD DWG. DATE 10/13/09 SCALE: N/A JOB NO: 23240 BY WC CK KAB Surveyors Mappers, Y PP TRADEWINDS 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763 -2887 Fax: (863) 763 -4342 Email: twpseembargmail.com Inc. J DESCRIPTION DWG. DATE BY CK PREPARE EXHIBIT 10/13/09 WC KAB FB /PG: FILE SCALE: 1 50 DWG NO: 23240 -1 JOB NO: 23240 SAf Alb Att3ML i N 003527" W 41.47' ti to 9O S 00:3629` E� Po ti a5' ti S.W. 2ND AVENUE (ASPHALT ROAD) 70' R/W N 00'35'27" W 135.42' tO e it/ lor 75' PLATTED ALLEY (VACATED) S 00'36'29" E 135.28' T 0 1 240' 2..0' L -2 1 U.S. HIGHWAY 441 STATE ROAD 15 (PARROTT AVENUE) (ASPHAL T ROAD) 100' R/W g_ I O K ttq 41. so Pt 20.0' 2 Sr q O �jl ti GI EXHIBIT "A" SHEET 2 OF 2 o -g z 2; _g E 2 PREPARED FOR: SKETCH OF DESCRIPTION BRAD GOODBREAD Surveyors Sc Mappers, Inc. y PP ers 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763 -2887 Fax: (863) 763 -4342 Email: twpseembargmail.com TRADEWINDS J 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 334 -3366 Fax: 239 334 -6384 LaRue Planning Management Services, Inc. Staff Report Special Exception Request Prepared for: City of Okeechobee Applicant: G -4 Land and Cattle, Inc. Petition No.: 10-001-SE Staff Report Special Exception Request General Information: East: Site Address: Contact Person Contact Phone: Legal Description of Property Parcel "A LOTS 1, 2, 3, 7, 8, 9 AND THE NORTH 8.50 FEET OF LOTS 4 AND 10, BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC REORDS OF OKEECHOBEE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 23.00 FEET OF SAID LOTS 1 AND 7, TOGETHER WITH THE VACATED ALLEY LYING ADJACENT TO SAID LOTS 1, 2, 3, 7, 8, 9 AND THE NORTH 8.50 FEET OF LOTS 4 AND 10, LESS AND EXCEPT THE NORTH 23.00 FEET OF SAID LOTS 1 AND 7. Parcel "B THE SOUTH 20.00 FEET OF THE NORTH 23.00 FEET OF LOTS 1 AND 7, BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TOGETHER WITH THE VACATED ALLEY LYING ADJACENT TO THE SOUTH 20.00 FEET OF THE NORTH 23.00 FEET OF SAID LOTS 1 AND 7. Adjacent FLUM Classifications, Zoning Districts, and Existing Land Use North: Future Land Use Map Commercial Zoning District: Existing Land Use Future Land Use Classification: Zoning District: Existing Land Use: South: Future Land Use Classification: Zoning District: Existing Land Use West: Future Land Use Classification: Zoning District: Existing Land Use: Applicant's Name: G-4 Land Cattle, Inc. Petition No. 10 -001-SE 12575 SR 70 East Okeechobee, FL 34974 2100 South Parrott Avenue Mark Goodbread 863 634 -6999 Northeast: CHV, Northwest: RSF1 Office Building Insurance Agency Commercial CHV Retail Stores Wal -Mart Commercial CHV Vacant (same owner) Single- family Residential RSF1 Single Family Page -2- Staff Report Special Exception Request Applicant's Name: G-4 Land Cattle, Inc. Petition No. 10 -001-SE Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception drive through service for a proposed fast -food restaurant on approximately one -acre of CHV -zoned property located at 2100 South Parrot Avenue (U.S. 441). Drive through service is item (1) of the list of special exceptions in the CHV, Heavy Commercial, Zoning District. Description of the Situation: The subject property occupies about one acre of the approximately 2.75 acres owned by the Applicant and which encompasses the entire block bounded on the east by Parrott Avenue, on the west by SW 2 Avenue, on the north by SW 21 Street and on the south by SW 22 Street. The subject property is vacant except for one single family home which is located on the western portion of the property and is slated for demolition. Consistency with Land Development Regulations: Section 70 -373 (b) requires that the Applicant address, during his /her presentation to the Board of Adjustment, the following standards for granting a Special Exception. The Applicant has submitted, as part of the submission, the following statements and information addressing these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in this Arial typeface. G4 Land and Cattle, Inc. are requesting a Special Exception for Okeechobee County Property Appraiser's Parcel No. 3- 28- 37 -35- 0050- 00460 -0010 and adjoining parcel that will make up the north 135' of the block for a drive through restaurant. The Future Land Use on this entire block is Commercial. The current zoning on this entire block is Heavy Commercial and the alley in this has been abandoned. This additional information is submitted in support of the above referenced Special Exception. Staff Report Applicant's Name: G-4 Land Cattle, Inc. Special Exception Request Petition No. 10-001-SE (1) (3) Demonstrate that the proposed location and site are appropriate for the use. "The location and site are both appropriate for the proposed use as the site is located at the southwest corner of Highway 441S and SW 21st Street and there is a 24 hour 7 day a week carwash to the south and an insurance business to the north and Wal -Mart to the east. Access to this intersection makes it uniquely situated for the proposed use since this intersection is probably the second most used intersection behind Highway 441 and SR 70. ff Staff Comment: A previous plan for development of the full 2.75 acres was found to be acceptable from a traffic standpoint. That project involved a drive -in bank, high turnover (sit -down) restaurant and some general commercial floor space. While the use is not specifically the same, Staff is of the opinion that the location is an acceptable one for a retail or service use with drive -in /through service. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "The building is compatible with the surrounding buildings and uses. There is a mixture of architectural styles already present in the area and the proposed building will fit in with the various architecture styles present currently." Staff Comment: The primary purpose of this standard is not architectural or aesthetic styling compatibility, although that can be taken into account. This standard is primarily concerned with ensuring that the use, structures, and arrangement of structures are such that they are not uncharacteristically high, or perhaps overly massive with respect to nearby uses. Since such facilities are generally of limited height and size, Staff foresees no specific design efforts that would be necessary except that the location of any area where loudspeakers are used for taking orders or playing music during the evening or nighttime hours should be located away from the residential area across SW 2 Avenue. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "The proposed site and parking area will be designed with a landscape buffer at the perimeter of the parcel sufficient to shield any headlights from parked or parking cars from escaping the site." Staff Comment: We agree with the Applicant's response and this will specifically be addressed during the site plan review stage. Page -4- Staff Report Applicant's Name: G-4 Land Cattle, Inc. Special Exception Request Petition No. 10 -001-SE (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. (5) "There are no anticipated hazards, problems or public nuisances anticipated by this use." Staff Comment: We agree and note, as mentioned earlier, that landscaping and the physical locations of the structure, drive -in and drive through activities can alleviate any negative impacts upon the neighborhood. Demonstrate how the utilities and other service requirements of the use can be met. "Utilities are accessible to the site with a 12" water main located on the east side of the parcel, gravity sewer accessible 1 block to the west on SW 3rd Avenue with an existing FDEP Permit No. 0040824 053 -DWC to extend service to this site. Electric service is available on the east side of the project." Staff Comment: We agree that utilities are available and the specifics will be addressed during the site plan stage. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "According to the traffic Engineer for the originally proposed Oak's Plaza, the traffic generated from both the proposed drive through restaurant as well as the additionally proposed sit down restaurant on the balance of the site will be less than the City agreed to in the City's Transportation Concurrency issued on October 20, 2008 and attached to this document. The site will be designed to adequately handle the onsite traffic." Staff Comment: We have performed a perfunctory analysis of the proposed use to compare it with the development mix that was associated with the referenced October 20, 2008 letter of Transportation Concurrency issued by the City for the Oak's Plaza project. A copy of the above referenced Transportation Concurrency letter; Table 1 showing the development mix and traffic generation, and Figure 3 showing associated driveway volumes, as contained in the Traffic Impact Analysis of the Goody's Center /Oak's Plaza project, are included as attachments at the end of the Staff Report. According to the 7 Edition of the ITE Trip Generation Report, a fast -food restaurant with drive through service generates 496.12 trips per 1,000 square feet of gross floor area on an average weekday. Generation during the PM peak hour is 34.64 trips. Assuming a 2,500 square foot facility, a drive -in /through fast food restaurant will generate about 1,240 trips on the average weekday with the number of trips during the PM peak hour approximating 87. Page Staff Report Applicant's Name: G-4 Land Cattle, Inc. Special Exception Request Petition No. 10- 001-SE We agree that the proposed fast -food drive -in /through restaurant will result in Tess overall traffic and peak hour traffic than was estimated for the entire Goody's Center /Oak's Plaza Project (1,240 compared to 3,256 average daily trips and 87 peak hour trips compared 384). Further the traffic to be generated into and out of the driveway onto SW 21 Street, which was a major area of potential concern, is also less than that anticipated for the Goody's Center /Oak's Plaza Project as originally proposed (1,240 compared to 2,568 average daily trips and 87 peak hour trips compared to 322). However, assuming that the fast -food drive -in /through restaurant is replacing the previously proposed high- turnover sit -down restaurant, the newly proposed use generates considerably greater traffic than that which it is proposed to replace (1,240 compared to 534 average daily trips and 87 peak hour trips compared to 46). It should be remembered that the concurrency finding made by the City in October of 2008 contained the following caveat: It is therefore the finding of the City that the Goody's project, as cur- rently proposed, will require no off -site transportation improvements to be funded by the Applicant. This finding does not, however, extend to any development plan for the project that contains a mix of units or intensity of development different from, or more intense than, the mix of units or intensity of development upon which this finding is based, and which would alter the traffic patterns or levels of traffic determined to have been associated with the project as proposed." Consequently, since the mix of uses will be different from that previously proposed, and because a fast -food restaurant with drive -in /through service may be more intense, depending on the size of the establishment, than the previously proposed use which it is expected to replace, we suggest that any approval of the special exception carry with it the following condition: The subject property is part of the overall property for which a Transportation Concurrency Letter was issued by the City on 10 -20 -08 and addressed to Steve Fisher. As such, any further development of the overall 2.75 acre property lying between US 441 and SW 2nd Avenue and between SW 21 Street and SW 22 Street shall: (1) be limited to that which will generate average daily and PM peak hour traffic no greater than that forth in the Traffic Impact Analysis prepared by LCJ Consulting, Inc. prepared for the Goody's Center /Oak's Plaza project and dated 7 -28 -08 upon which the City's Transportation Concurrency Letter was based; or, (2) a new professional traffic analysis shall be conducted to ensure that the mix of development on this 2.75 acre property will not result in the need for improvements to SW 21 Street or its intersection with US 441. Page -6- Staff Report Applicant's Name: G-4 Land Cattle, Inc. Special Exception Request Petition No. 10-001-SE When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1) (8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface after which are the Staff comments pertaining to these findings: (1) The use is not contrary to the Comprehensive Plan requirements. "The comprehensive plan allows a Drive Through Restaurant in Heavy Commercial Zoning." Staff Comment: We agree that a drive -in /through restaurant is a commercial use contemplated within the Commercial Future Land Use Category. (2) The use is specifically authorized as a special exception use in the zoning district. (3) "The City of Okeechobee's LDR No. 990 -283 specifically allows a Drive- Through Restaurant with a Special Exception." Staff Comment: We agree. The use will not have an adverse effect on the public interest. "This is in the public interest to take the currently undeveloped parcel and develop the parcel which will increase the value of the property and enhance this portion of the City." Staff Comment: We agree that the use will not have an adverse effect on the public interest, provided provision for safe and convenient ingress and egress are shown during the site plan review stage. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use pattems. "As shown above, this parcel is very well situated for the proposed use." Staff Comment: We agree that the use is appropriate for the proposed locations provided provision for safe and convenient ingress and egress are shown during the site plan review stage. It is compatible with adjacent uses provided headlights from parked or parking cars are shielded and areas where external influences such as noise from loudspeakers or music will be located away from Page -7- Staff Report Applicant's Name: G-4 Land Cattle, Inc. Special Exception Request Petition No. 10- 001-SE (5) the residential areas to the west. As a commercial use in a largely commercial area, the proposed fast -food restaurant with drive -in /through service will not be detrimental to urbanizing land use patterns in the area. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The addition of this project should increase property values along Highway 441 South and should encourage development of adjacent property where businesses like to be close to high traffic business like the one proposed. This project will not deteriorate living conditions in the area." Staff Comment: We agree that development of the property as a fast -food restaurant with drive -in /through services will not adversely affect property vales. Provided such development is undertaken with consideration of the comments set forth in items (3) and (4), previous, living conditions will not be adversely affected. The use will not be a deterrent to development of adjacent property, but, the intensity of development on the remainder of the 2.75 acres on this block could be limited as a result of the proposed use or a new traffic study may be required for additional development. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "This project would not need to be screened to the north or south due to these parcels being currently developed commercially. There is residential to the west and with appropriate landscaping can be screened and offer buffering to the existing residences in this area. Previously, there was a restaurant in this block." Staff Comment: We agree, but also note that if loudspeakers are used either for ordering or order taking, or for music, these areas should be removed from the westernmost areas of the property. (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "As shown above, this project will not overburden any utilities, schools, or streets." Staff Comment: We agree. Staff Report Applicant's Name: G-4 Land Cattle, Inc. Special Exception Request Petition No. 10- 001-.SE (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "As shown above, traffic congestion will not be a problem. The flooding or drainage problems should be abated somewhat since currently the site drains unabated into the surrounding streets and after development, there will be a drainage system that will attenuate any increased runoff from the site and will discharge directly into the FDOT drainage system instead of draining into the surrounding streets and entering the FDOT Drainage System through the inlet on Highway 441 South." Staff Comment: Given the recommended conditions expressed earlier, we agree that traffic congestion will not be a problem; and agree that drainage consideration will be addressed at the site plan review stage. Recommendation: Based upon the foregoing analysis and findings, Staff recommends that Petition Number 10- 001 -SE be Approved with the following conditions: 1. Consideration be given during the site plan review process to the need to locate areas where loud speakers will be used during evening or nighttime hours away from the western boundary of the property. 2. Landscaping be required along the western boundary of the property as necessary to shield nearby residential areas from the effects of headlights of parking or parked vehicles. 3. Any additional future development of the balance of the 2.75 acre property Tying between US 441 and SW 2nd Avenue and between SW 21 Street and SW 22 Street shall (1) be limited to that which will generate average daily and PM peak hour traffic no greater than that set forth in the Traffic Impact Analysis prepared by LCJ Consulting, Inc. prepared for the Goody's Center /Oak's Plaza project and dated 7 -28 -08 upon which the City's Transportation Concurrency Letter was based; or (2) a new professional traffic analysis is conducted, the results of which show that the mix of development on this 2.75 acre property will not result in the need for improvements to SW 21 Street or its intersection with US 441. Staff Report Applicant's Name: G-4 Land Cattle, Inc. Special Exception Request Petition No. 10 -001 -SE Submitted by: James G. LaRue, AICP LaRue Planning and Management Services, Inc. January 13, 2010 Attachments: Future Land Use Map Zoning Map, Property Appraiser's Aerial Photograph Table 1, Trip Generation, from the Traffic Impact Analysis of Goody's Center Figure 3, Driveway Volumes, from the Traffic Impact Analysis of Goody's Center 1 Hearing Board of Adjustment, January 21, 2010 Page -10- Staff Report Special Exception Request 8 9 COMPREHENSIVE PLAN LAND USE SINGLE PAWL. MULTI FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDE`, -L 6't Ery JSE 1 2 3 2 4 5 6 Applicant's Name: G-4 Land Cattle, Inc. Petition No. 10 -001-SE Okeechobee Future Land Use Map J II. tv lI: J1I \LLI S.W. 21 ST STREET SW. 22 ND STREET subject property Page -11- Staff Report Special Exception Request 2 5 5 ZONING -al now oekies up Cr.-:9!.N K(SR#S% O(ST RIC( GNV. HEAVY COMMERCIAL ;IT LKi.' 40hr41ERCA1 C COMA PRCFEES.YCYA. CF►10E H DNS ^IJ rMOJS"P14. PVe. cveuc rac,lj11 wtv..xen PU.'YR MALY R1J.. RESIC{4744 wets. 4.06E R ReSiDE101K SINGLE FMrty 7SF1 RESff WV. SNd1E iA ^.Aiv ttttttt// r111111r•si a i it Applicant's Name: G-4 Land Cattle, Inc. Petition No. 10-001-SE Okeechobee Zoning Map SW 21 ST STREET S.W. 22 NO STREET subject property Page -12- Staff Report Special Exception Request subject property Applicant's Name: G-4 Land Cattle, Inc. Petition No. 10 -001-SE Okeechobee County Property Appraiser's Aerial Office i. Insuran gency:. al -Marx Page -13- Applicant's Name: G-4 Land Cattle, Inc. Special Exception Request Petition No. 10 -001-SE Staff Report Brian Whilehoil October 20, 2008 City of Okeechobee Steve Fisher 18812 Rio Vista Drive Jupiter, FL 33469 RE: TRANSPORTATION CONCIJRRENCY GOODY'S CENTER /OAKS PLAZA 2100 BLOCK OF S PARROTT AVENUE, OKEECHOBEE, FLORIDA Office of the City Administrator Background The City of Okeechobee has received Traffic Impact Analyses (TIA), prepared for the Applicant by Kimley -Horn and Associates, showing the estimated traffic impacts of the proposed Goody's Center development The subject site occupies the land located on the west side of US 441 between SW 21 and SW 22" Streets, all in Block 446 in the First Addition to South Okeechobee. The TIA is based on a mixed use development incorporating a 4,000 square foot drive -in bank, 4,200 square foot high turnover restaurant and I3,000 square feet of retail space. Access is to be provided by one full access driveway onto SW 21" Street and one full- access driveway on SW 22" Street. As pan of its original submissions and most recent presentations, the Applicant has offered to donate to the City frontage along SW 21" Street between US 441 and SW 2o Avenue, to a depth of twenty feet for possible fixture use in the event a right turn is needed from SW 21" Street onto Southbound US 441. Finding of Transportation Concurreney The City's consultants have reviewed the TIA prepared for the Applicant and representatives of both the Applicant and the City have consulted with the Florida Department of Transportation (FDOT). After reviewing the information provided by the Applicant and discussions with representatives of both the City and the Applicant, the FDOT has provided an e-mail clearly stating that the traffic generated by the proposed Goody's project is not sufficient to warrant installation of any right hand turn lane (Eastbound right or Southbound right) at the intersection of US 441 and SW 21" Street at this time (See attached copy). In previous correspondence, the FDOT has also stated that vehicular traffic generated by this project will not result in the need for improvements to the intersection of US 441 and SW 21" Street or to the signalization at this intersection. It is therefore the fording of the City that the Goody's project, as currently proposed, will require no off -site transportation improvements to be funded by the Applicant. This finding does not, however, extend to any development plan for the project that contains a mix of units or intensity of development different from, or more intense than, the mix of units or intensity of development upon which this finding is based, and which would alter the traffic patterns or levels of traffic determined to have been associated with the project as proposed. Further, the Applicant is reminded that this finding is in no way related to an approval of the location of buildings and vehicular use areas, interior circulation, or the location or sine of driveways providing ingress to and egress from the project. These considerations will be addressed during the site plan review process. C: Steve Dobbs, Rudd Jones, PE BE Associates, PA, 210 W North Park Street, Suite 204, Okeechobee FL 34974 Attachment 55 S.E. Third Avenue Okeechobee, Florida 34974 -2932 (863) 763 -3372 Fax: (863) 763 -1686 Page -14- Staff Report Applicant's Name: G-4 Land Cattle, Inc. Special Exception Request Petition No 10-001-SE From: Hancock, Ronnie Ronnie.Hancock @dot.state.ti.us> To: bill @larueplanning.com Cc: Chioma, Diann <Diann.Chioma©dot.state.fl.us Cashdollar, Donald <Dona Id.Cashdollar @dot. state.fl us Ransom, Larry cLarry.Ransom @dot.state.fi.us> Date: Wednesday, October 15, 2008 02:00 pm Subject: Right turn lanes US 441 21st Street Okeechobee Bill, Per our telephone conversation this afternoon, I am providing a clarification of FDOT's position regarding the turn lane requirements at the above referenced intersection. We are of the opinion that neither the peak hour projected total right turn volumes from southbound to westbound nor eastbound to southbound at this intersection meets the volume requirements for installation of a right turn lane at this time. As previously stated in prior correspondence, we do not object to the installation of right turn lanes, but we lack sufficient supporting volumes to require this developer to provide the turn lanes as part of their permit. If you have any further questions or need additional information, please don't hesitate to contact us. Thanks Ronnie L. Hancock Access Management Manager District One Traffic Operations Telephone (863)519 -2512 TABLE 1 GOOD Y'S CENTER TRIP GENERATION Lm,d Use loteesit; allY our r ots# V O,at 4,000 s.i. 986 49 27 92 91 i)rivkt Bank Higb Tumover (Sit -Down) Restaurant 4,200 s.f 534 48 25 28 18 General Cammerdal 13,000 s.f. 1,803 46 28 78 85 SrrbtnASf 3,323 143 1nteraal CantUrt Drive-in Bank 234 20 1 High Turnover (Sit -Dawn) Reslawim 234 11 General Commercial 234 36 1 Slrbaota/ 67 3 0 X r p 5 3 7ass-Bv CaM re Drive -In Bank 47% 434 A 12 11 42 42 High Turnover (Sit awn) Restaurant 1534 78 4 3 4 3 General Commercial 4411% 792 12 8 34 38 Subtotal 1,324 50 1 28 22 163 80 83 Driveway Volumes 3.256 140 77 63 384 193 191 N Prn osed 711 ra 1,932 90 49 41 221 113 101 Noe Trip gala o was a lathled us data: Duly Traffic Generation High Turnover (Sit -Down) want [PTE 932] v T 127.15 trips 1,000 sq. R. General C c m m c al [TIE 820] T e r°. a Q trips 1.000 sq. f Dnve•ln Hank [PTE 912] T 182.34 (X) 256.87 trips 1,000 sq. 11- AM Pock hour Traffic Generation High Turnover (Sit -Dawn) Restaurant (1TE 9321 T 11.52 trips 1,000 q.1! (52% in. 48% act) General Cauvnercial [1TE 820) T f0. trips 1,000 sq. A. (61% in, 39% oul) Drive -1n Hank [PPE 912] T 12.34 trips per 1,0001.0; (56%111. 44% out) PM Peak Hour Traffic Generation High Turnover (Sit-0owa) Rata [TIE 932] T =10.92 trips 1,000 sq. ft. (61% in, 39% out) Grnenl Commercial [PTE 820) T =o° w Lang' trips 1,000 sq. fl. (48'14 in, 5274 eat) Drive -1n Bank i rrs 912) A T 45.74 trips per 1,000 LL; (50X in, 50% out) Pass-By Capture High Turnover (Sit•Down) Restateant [1TE 932] la 13.009E General Catenrscial VIE 820] 4E- 45.1 -0.0225(A), A is Gcncral Retail in ksf Drive -In Bank (ITE 912] 47.00% Staff Report Special Exception Request k. uvd_+uwq 700.1 ypiotr {ayp qa es_rerl4IJintkr 1 d Applicant's Name: G-4 Land Cattle, Inc. Petition No. 10-001-SE 7 1:10 Page -16- Staff Report Special Exception Request Applicant's Name: G-4 Land Cattle, Inc. Petition No. 10-001-SE ari NOT TO SCALE 688 1 F 7 3 (183)95% I SITE 1 LEGEND AM PEAK HOUR VOLUME (10) PM PEAK HOUR VOLUME DAILY TRAFFIC VOLUME t 441 98 FIGURE 3 GOODYS CENTER DRIVEWAY VOLUMES �Iin inikaadales, iqe %2W= c\ o_stCVw\t..C•Vc•CC \M{-IC•a_ACV I..!¢M MC-1 .N 3S 2T1 tau. Yf wMtl.�a Page —17-