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10-002-SE Triple E MgtCity General 55 S.E. Okeechobee, Phone: 1 FA of Okeechobee Services Department 3" AveTme, Room 1 01 Florida 34974 -29f13 (863) 763, -3372, ext. '21' f863 76 i -16f D ate: 1 A 1 a et tr on o /O (2 it Fee Paid: -��c� `o" ��i�s�rcti� ©:1�: �:�o I Hearin 2 H earin il v c g" Publication Dates: v d Notices Mailed: Rezone, Special ;.Exception and Variance APPLICANT INFORMATION Dale Rec'dd C1tiFc' 1 Name of property owner(s): Owner maiilmg address. y ,,..4 257 9. J c c 3 Name of applicant(s) if other than owner 3 v 4 Applicant mailing address: io cli ,t, 4a e -mail address: t� l k 5 Name,:c,f contact person (state relationship): Caul P�� e z IV i,,,/ 6 Contact person daytime phone(s): 4,1 0 1C2,-- 1-7 L iP OPERTY INFORMATION Property address /directions to property: 2/7 v 'c: 1 8 Describe current use of property: .7 ".7 ,,t_ 1 s ,4-7 ebe,9/u, G 9 Describe improvements on property (number/type buildings, dwelling units occupied or vacant. etc. 1 5'1 7 42/ rd 1 10 Approx. acreage: 0 y Is property in a platted subdivision? y ea in violation of a city or county ordinance? If so, 11 Is there a use on the property that is /was describe: 12 Is a pending sale of the property subject to this application being granted? 13 uses on adjoining property to North: .W�:. c.�., `c -.mac. 3 T o; 'C' South t `)7)0 .-C 0 47 the North: Eas G% n )Sl i 9 t) t- "4 T West: f c/` S'7 ti e lt Future Land Use classification Z 14 Existing zoning: 1.'' 15 Request is for: 11ezone (..%l^'cial Exception Variance 16 Parcel Identification Number: 3-01-377 35--` 43,24)._c, )}„7 0e ATTACHMENTS Applicant's statement of interest in property EXHIBIT 4 Revised 7;08 Page 1 of 10 18 1 Non refundable. application fee: Rezoning $850; Special Exception: "$5 :00; Variance: $500; all plus $30i'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 t,/ 19 20 Notarized letter of consent form property owner (if applicant is different from property owner) t s4 R 21 Three property surveys (one no larger than 1 1" x 17 containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description e. Computation of total acreage to nearest tenth of an acre 1 List of surrounding property owners with addresses and location sketch of the subject 22 property. See the information Request Form from the Okeechobee Property Appraiser's Office (attached) 23 Affidavit attesting to completeness and correctness of the list (attached) t/ INFORMATION SPECIFICALLY RELATING TO A REZONE Date Recd Chk'd 23 Current zoning classification: Requestzr zoning classification What is the desired permitted use and inter d' d nature of activities and development of the 24 property'? Is a Special Exception nee ary for your intended use? 25 is a Variance n essary for your intended use? 26 Appli" nt "s materials addressing required findings for granting a rezoning (attach). 27 7' INFORMATION SPECIFICALLY RELATING TO A SPECIAL EXCEPTION Describe the Special Exception sought: 28 N. pat( o C .(..ev0rm(Ib d eSi (Yl eC 4 `fore 66t.,u n f MAO S(1.1E c c do r d c`) ale hei.e5 Are there similar uses in the area? If so, describe them: g 29 tin Jo. Po roil- av('. Ti 3 A t ��G.re. Sc- )C tiO i n is S nro* TLSe Z .Z0(1c Lit i If a business briefly describe the nature of the business, it of employees, hour, of operation and any activities to be conducted outside of a building: 3 c, ISt 7, i f 5 Q i .(`�IC9,,.ee pwr7(C; 1tis u coictityl -N0 ip-Open Moil 1-0 �t..L b6ptCu� tJC e iii es oftelloy +u Revised 7/08 Page 2 of 10 Revised 7/08 Page 3 of 10 31 Applicant "s materials addressing standards for granting a special exception (attach) I- -26 32 Pp g g q grantin a s ecial exce h Applicant's materials addressing findings required for granting special 3-Xx V p t l lSP'ECI 'ICALLY -tZ ]bAT11 G; M 33 Describe the Special Exception sought: ;U. r 34 Describe the physical characteristics of the property t,a make the variance net 35 Did you cause or contribute to the eh' cteristic necessitating the variance? If so, describe: i 1 36 What is the 'rfimum variance necessary? 3 Applicant's materials addressing standards for granting a variance (attach) �I Applicant's materials addressing findings required for granting a variance (attach) I I I t 1 ,.iv 'i+: K 4.^ f 'f 6 R R. =R, ".'x�;.'�. ✓Rea Mh,"2:i.,ha +Fiw.I(t' "n�ti 39 k 1 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 ray resulting the summary denial of this application. Shire primed Nam Date .r- 1,- 116''' Y I Revised 7/08 Page 3 of 10 Parcel Identification No: This Instrument Prepared By etum to: TITLE INSURANCE AGENCY, INC. BRIGHTON STREET LUCIE, FL 34953 o LJ` This Quite ll ibeed, made this 11116 day of December, 2007, between NANA'S PETRO UM, INC., A DISSOLVED inn DA CORPORATION, Grantor, to TRIPLE E. MANAGEMENT, INC., A FLORIDA CORPORATI t to ,M,:ose se address is 2457 NE OCEAN BLVD 24, STUART, FL, Grantees. itnesset that •.r, for and in consideration o TEAL' the sum of NO /100 ($10.00 DOLLARS, and .er :ood and valuable consideration to Grantor in hand paid by Grantees, the receipt of which is hereby acknowledge j granted, bargained and quitclaimed to the said Grantees and Grantees' heirs and assigns forever, the following de v q,+ land, situate, lying and being in the County of MARTIN, State of Florida, to -wit: LOTS 4, 5 AND 6, BL TO THE PLAT THEREO LUCIE COUNTY, FLORID 1, PAGE 11, PUBLIC RECO THIS DEED CORRECTS THA TA CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 553, P 1877, WHICH CONTAINED AN INCORRECT ACKNOWLEDGEMENT IN TB ROPER OFFICER OF CORPORATION WAS NOT RECITED AND GRANTOR ACTED NESS. Wi ess #11PPrinnte 1 4-- J2� itn '7 ,tur (•t Witness #2 Printed Name STATE OF FLORIDA COUNTY OF ST. LUCIE SEAL My Commission Expires: File IT07650 CORRECTIVE QUITCLAIM DEED ed in our presence: I.A �iLS T ADDITION TO CITY OF OKEECHOBEE, ACCORDING �RDED IN PLAT BOOK 2, PAGE 26, PUBLIC RECORDS OF ST. A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK KEECHOBEE COUNTY, FLORIDA. FILE Hutt 20070 1681 3 OR BK 010645 PG 0397 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 12/27/2007 12:14:44 FM RECORDING FEES 10.00 DEED DOC 0.70 RECORDED BY 6 Meubourn Pi 039 C1os1 To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantees forever. f, the Grantor has hereunto set he/she hand and seal the day and year first above written. Book645 /Page397 CFN #2007016813 PEREZ, PRESIDENT NANA'S PETROLEUM, INC. The foregoing instrument was acknowledged before me this 11th day of December, 2007, by EMILIO PEREZ, \J(C.E RESIDENT, N A'S PETROI%EUM, INC., who is personally known to me or who has produced Tpn�� C►_�c O. as identification. ignature Printed Notary Signature LAURA ENGLE MY COIMI*OR 1 °D aaoaa EXPIRES Fsbnwy I4, KOS sowed tbu Nairn rwr ue4MYa Page 1 of 1 Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This 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. I therefore attest to this day of Signature of Applicant J Z_ Applicant 'Fp or typed) Name o State of Florida County of Okeechobee Revised 7/08 Sworn to and subscribed before me this .20 day of t.Janiletrr/ .20/0 Personally known to me or produced Fl- Drr Vfr5 L /rr/7Se as identification and did not take an oath. Ufa ekiV2I-th Seal: Notary P,iblic, State of Florida Notary Public State of Florida Patty M t3urnette J My Commission DD82 "332 p d' Expires 510/02/2012 Page 8 of JO SUBJECT PROPERTY WITHIN 100' 1 inch 100 feet 3- 21- 37 -35- 0020 -02290 -0010 GRACE BRETHREN CHURCH INC 701 S PARROTT AVE OKEECHOBEEFL 349745137 -6Th 3- 21 -37 -35 -0020- 02300 -0040 CGS OF OKEECHOBEE INC 608 S PARROTT AVENUE OKEECHOBEEFL 34974 3- 21- 37 -35- 0020 -02300 -0010 HOOKER CHRISTINE P 1902 SW 3RD AVE OKEECHOBEEFL 349746151 SW-719-1-ST LI) z 3- 21 -37 -35 -0020- 02200 -007C SHAH KIRIT R DIPIKA K 6525 JESSY CIR LAKE WQRTHFL 334670000 St ErTH ST 3- 21- 37 -35- 0020 02200 -010C 3RYAN DENNIS L ANITA t- 6300 SE 128TH AVE OKEECHOBEEFL 349740000 .4C C.* 'Pi I MP ^Tort P 0,91. .a,G y 1 Y1 of 1 SUBJECT PROPERTY WITHIN 100' 1 inch 100 feet 1 1 .`7 O T �I I V Cr) I -I 6 7 8 10 11 218 4 5 7 8 9 10 11 12 6 ST 5E 3W 2 1 12 9 8 7 1 2 4 5 6 g 3 2 6 5 L 7 8 3 230 4 10 11 12 5 7 6 Ic SE—FFH+& SW ST Legend g a 1 1 1 2 I SUBJECT PROPERTY WITHIN 100' 1 inch 100 feet 1 1 Owne?s Name TRIPLE E MANAGEMENT INC Site Address 601 Assessed Value $186,425.00 5 PARROTT AVE, OKEECHOBEE Mailing Address 1457 NE OCEAN BLVD #24 STUART, FL 349961538 Description 1ST ADDITION TO CITY OF OKEECHOBEE LOTS 4 5 6 BLOCK 229 NOTE: This description is not to be used as the Legal Description for this parcel m any legal transaction. Land Area 0.488 ACRES S/T/R 21 -37 -35 Neighborhood 518610.00 Tax District 50 DOR Use Code SERVICE ST (002600) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning Development office at 863 763 -5548 for specific zoning information. Just Value $186,425.00 Class Value so.00 Assessed Value $186,425.00 Exempt Value $0.00 Total Taxable Value $186,425.00 Mkt Land Value cnt: (1) $156,600.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $28,244.00 XFOB Value cnt: (2) $1,581.00 Total Appraised Value $186,425.00 Sale Date Book/Page Mist. Type Sale Vimp Sale Qua! Sale Mode Sale Price 12/11/2007 645/397 QC I U 01 $0.00 12/17/2004 553/1877 QC I U 03 $0.00 5/1/1991 .323/1482 QC I U 03 $100.00 5/1/1990 314/502 WD I Q $95,000.00 5/1/1987 287/610 WD I U 03 $144,000.00 2/1/1984 0/ WD V U 03 $150,000.00 V111tVti}Yl10 Okeechobee County Property Appraiser CAMA Updated: 1/8/2010 Parcel: 3 21 37 -35 -0020- 02290 -0040 [Next Higher Parcel» Next Lower Parcel Owner Property L& Propel Assessment Via es Characteristics Okeechobee County Property Appraiser hittp://www.ok e ec ho beepa. com/6IS/D SearchResults.asp Search Result: I of 29 Next l 2009 Certified Values Parcel List Generator) Retrieve Tax Record [.,Property Card interactive, GIS Map ,F Print I GIS Aerial Search Result: 1 of 29 Next» Show Similar Sales within 1/2 mile rage 1 OT ,L ei of e Values Bldg Sketch Show Sketch Bldg diem Bldg Desc 1 i SERV STATN (006400) I I Year Bit Heated S.F. Actual S.F. Bldg Value 1 966 1458 2066 $28,244.00 Code CONC B FENC A Desc COM SLB WL 6'C /L 3BRB Year BR 1980 1980 Value $873.00 $708.00 Units 0001532.000 0000266.000 Dims Ox OxOxO Condition (14 Good) PD (025.00) PD (025.00) I Lnd Code Desc 067S�P2 SO PARROTT (MKT) Units 0000150 000 FF (0000000.488AC) Adjushnents Eli Rate 1.00/1.00/1.00/1.00 $1,044.00 Lnd Value I $156,600.00 CAMA Updated: 1/8/2010 1/20/2010 TAXING AUTHORITY MILEAGE RATE TAX AMOUNT SCHOOL -RLE .00516300 $972.18 COUNTY .00627190 $1,180.98 CITY-OKEECHOBEE .00674320 $1,269. 72 SOUTH FL. WAT MGMNT .Q0062400 $117.50 SCHOOL -DISC .00249800 $470.37 COUNTY BOND .00023000 $43.31 CHILDRENS COUNCIL .00031190 $58.73 PENALTY /INTEREST $123.38 ADVERTISING FEE $1.20 COMMISSION CHARGE $211.81 ONLINE TAX SALE $14.00 TOTAL AD- VALOREM: $4,112.79 uereste warrora uKeecnooee LountX fax Lorrector rage 1. or 1 NOTICE Of AD VALOREM TAXES NON -AD VALOREM ASSESSMENTS BILL# R 3166700 2008 REAL ESTATE TA)( /NOTICE RECEIPT FOR OKEECHOBEE COUNTY AD VALOREM TAXES NON -AD VALOREM ASSESSMENTS TAXING AUTHORITY TAX AMOUNT TOTAL NON -AD VALOREM: $0.00 COMBINED TAXES ASMTS: UNPAID BALANCE: }Hu i; tient Ti History" $4,463.18 $4,463.18 Outstanding Tax PROPERTY R 3- 21- 37- 35- 0020- 02290 -0040 TRIPLE E MANAGEMENT INC 1457 NE OCEAN BLVD #24 STUART, FL 34996 -1538 .48 ACRES 1ST ADDITION TO CITY OF OKEECHOBEE LOTS 4 5 6 BLOCK 229 FAIR MKT VALUE $188,297.00 DIST 50 ASSESS $188,297.00 EXEMPT VALUE $0.00 TAXABLE VALUE $188,297.00 Year 2008 2007 Roll R R Dill 3166700 -C 3165600 -I $4,469.43 $4,154.11 Total Dut Accrued Penalties $468.63 $1,067.16 Total Due $4,938.06 $5,221.27 ;9.3.3 Reference 3375 CERT. 3219 CERT. http /www.okeechobeecountytaxcol lector .com /PrintB ll.aspx?TaxBillNo= 31667... 12/19/2009 6) C A1 1 Iv 7( /1° `r( ,4-1/4 eijz ,-)tziz /.fi 1- 2 //E 701 6 VC)? A-4,S e 7/„0 1- 1 c,)fr./-". O 0 i e C .Ic /-9 9C r ft- Cc-- GI IC d Z- 2 c y 1, 17i 1, ii- 02 f; 54t1 e L.) 1' )47 BOUNDARY SURVEY FOR: TRIPLE E MANAGEMENT, INC. OKEECHOBEE FLORIDA Scale 2 2 Sheet Note Book W 1016 Soudleas ee l4,, Strt Phone (561) 9966615 O Work Order No. Fernando Gonzalez, P.S.M: Florida License No. 4994' 50.00'(p). (1) 550 w z d N o E LO CI- d B.) 0 0 O) w 0 ct w 0 z z J 3 Er 1- (n 50. ©0'(p) cn 1.2'. 02' U7 (4) 0 SOUTH R/W LINE OF SE 6TH STREET APPARENT PHYSICAL USE 'SKIP JACK SIGN CANOPY 33.0' 44.87' FOUND CONCRETE MONUMENT b U. 1 N89'51'15 "E(m) 142.5'(p) 141.82'(m) 27. 1.' 27.1 ro c U1 LOT 4 X X 1.4' LOT 5 CONCRETE SLAB NOT LOCATED NO ACCESS LOT 6 CHAIN—LINK FENCE SHOWN OUT OF SCALE LEGEND (1) FOUND}' IRON PIPE NO ID (2) FOUND g" IRON ROD NO fD (3) FOUND r IRON ROD NO ID (4) FOUND IRON ROD IN CONCRETE NO ID (p) INDICATES PLAT (m) INDICATES MEASURED DISTANCE INDICATES CENTERLINE t S89'48'04 "W(m) BLOCK 229 LOT 7 142.5'(p) 142.22'(m) (2) to 0 u7 x 0 r 0.5' 0.6' 2.0 The survey of the property shown and described hereon was executed according to the description furnished by client, which is shown transcribed verbatim. THIS SURVEY WAS EXECUTED WITHOUT A TITLE SEARCH OR ABSTRACT OF TITLE BEING PROVIDED. No search of the public records was made by PAG SURVEYORS, INC. PAG SURVEYORS, INC. has no knowledge of any recorded or unrecorded instruments other than the ones furnished by client and shown under DESCRIPTION. UNDERGROUND IMPROVEMENTS HAVE NOT BEEN LOCATED. The boundaries shown on this survey reflect only those called for in the description fines and may not necessarily be the same as the es of ownership. CERTIFICATION DESCRIPTION: furnished by client, as recorded in O.R.B. (Unless it bears the signature and the original raised seal of the 00553,P.1877 Florida licensed Surveyor and Mapper whose appears below, this "Lots 4,5,6, of Block 229, FIRST ADDITION OF CITY OF drawing is for informational purposes only and is not valid.) OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, I HEREBY CERTIFY that the property shown and Page 26 of the Public Records of St. Lucie County, and a copy of said described hereon was surveyed under my direction plat being recorded in Plat Book 1, Page 11 of the Public Records of on February 4, 2010 as indicated on this plat. Okeechobee County, Florida, recorded in O.R. Book 259, Page 1500." r FURTHER CERTIFY that this survey meets the Minimum Technical Standards set forth by the Florida Board of Professional Surveyors and Mappers pursuant to Chapter 472.027 Florida Statutes nd Chapter 61 .1.7 -6 Florida AtItThnist a live Obde. RAW INDICATES RIGHT -OF -WAY BASIS OF BEARINGS: THE EAST RIGHT -OF -WAY LINE OF PARROT AVENUE BEARS NORTH (assumed) AND ALL OTHER BEARINGS ARE RELATIVE THERE 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: Triple E Management, Inc. Petition No.: 10- 002 -SE s Staff Report Special Exception Request Owner: Owner Address: Site Address: Contact Person Contact Phone: Applicant's Name: Triple E Management, Inc. Petition No. 10 -002 -SE General Information: Triple E Management, Inc. 246 E. Main Street Pahokee, FL 33476 601 S. Parrott Avenue Emilio Perez 561 902 -7606 Legal Description of Property LOTS 4, 5 AND 6, BLOCK229, FIRST ADDITION TO CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 26, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Adjacent FLUM Classifications, Zonin: Districts, and Existin Land Use Future Land Use Map Zoning District: Existing Land Use: East: Future Land Use Classification: Zoning District: Existing Land Use: North: South: Future Land Use Classification: Zoning District: Existing Land Use: West: Future Land Use Classification: Zoning District: Existing Land Use: Commercial CHV Convenience store across S.E. 6th St. Commercial RSF1 Grace Brethren Church and Christian Academy Commercial CHV Grace Brethren Church and Christian Academy including parking lot Commercial CHV Office building across U.S. 441 Staff Report Special Exception Request Applicant's Name: Triple E Management, Inc. Petition No. 10 -002 -SE Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for an auto repair /mechanics shop with outdoor sales and storage of tires and automobiles on approximately 0.48 acre of CHV -zoned property located at 601 South Parrot Avenue (the southeast corner of U.S. 441 and S. E. 6 Street.) Description of the Situation: The parcel carries a Future Land Use designation of Commercial and is zoned CHV, Heavy Commercial. The building was originally constructed in about 1966 and has been an automotive repair shop with outdoor sales and storage of tires and /or autos for over 20 years. The property has been under the same ownership since at least the early 1990s although the business itself has been run by tenants. However, for more than six months there has been no operating business on the site and the special exception has lapsed. As a result, in accordance with Sec. 70 -373 (f), Nonuse, the owner must reapply for the special exception for auto repair and outdoors sales and storage. Consistency with Land Development Regulations: Section 70 -373 (b) requires that the Applicant address the following standards for granting a Special Exception, during his /her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. "Location has been a mechanic shop /repair shop for over 20 years." We agree that the location and site are appropriate for the use. The property is located on a major arterial (U.S. 441) and is zoned CHV which allows an auto service station and mechanical and repair services, as well as outdoor sales and storage as Special Exception uses. Staff Report Applicant's Name: Triple E Management, Inc. Special Exception Request Petition No. 10 -002-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) "Same design for over 20 years." The business has been in operation in essentially the same design for the past 20 or so years. However, aerial photographs of a few years back indicate haphazard parking and a general lack of orderliness associated with the storage of vehicles. Given the fact that a new special exception is needed, the Board of Adjustment has commonly required an owner to eliminate unsightly or disorderly aspects of prior operations. We understand that the owner and /or new tenants have been working with the Building Official to improve compliance with code requirements. The fact that the site is almost entirely paved would make it difficult and expensive to provide more landscaping and otherwise alter the basic layout of the site. However, we believe it would be advisable to improve the condition of the fence which provides some screening of the business from the church immediately east of the property. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "Repair will be done inside bay." While it is true that actual mechanical repairs will be conducted inside, the rear of the property provides an unappealing view from the church property. As noted above, improving the fencing would provide more appropriate screening to the rear. (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. "Been a repair shop over 20 years (same owner never had a nuisance problem)." We recognize that the business has been in operation for a long time. However, any step that can improve the flow of traffic onto and off of U.S. 441 to businesses fronting this heavily travelled roadway should be taken when the opportunity presents itself. There are four driveways onto the site, two from U.S. 441 and two from SE 6 Street. We believe that sound access management practice would be to eliminate duplicative driveways onto U.S. 441 whenever possible. In Page -4- Staff Report Applicant's Name: Triple E Management, Inc. Special Exception Request Petition No. 10 -002-SE (5) addition, eliminating access points that are too close to street intersections would improve traffic flow and safety. In this case we suggest that the owner /tenant be required to close the driveways located closest to the corner of U. S. 441 and SE 6 Street. Doing so should have little or no practical effect upon potential customers' ability to access and leave the site, and will eliminate points of potential vehicular conflict. Closing the driveway need not be an expensive proposition, and could probably be accomplished by erecting bollard (posts) in the ground on the site preventing ingress and egress at these locations. We would also suggest that the easternmost entrance be paved, as it now appears to be largely a dirt driveway. Demonstrate how the utilities and other service requirements of the use can be met. "Utilities already in place." Recognizing the continued use of the property over all but six or so months, it is clear that utilities and other service requirement have been and will continue to be met. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "Same impact of traffic over 20 years (never had any problem off site or on site)." There is no reason to expect that traffic impacts will vary significantly from those that have been associated with the business in the past. Staff Report Special Exception Request Section 70- 373(c) (1) (8): 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. "No." We agree that a repair shop 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. "Yes." "No." Applicant's Name: Triple E Management, Inc. Petition No. 10 -002 -SE We agree; the CHV district allows an auto service station and mechanical and repair services, as well as outdoor sales and storage as Special Exception uses. (3) The use will not have an adverse effect on the public interest. We agree that the use will not have an adverse effect on the public interest, and, if the driveway entrances nearest to the corner of U.S. 441 and SE 6th Street are closed, the public safety and interest will be advanced. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "Adjacent Location with same use (1) J J Auto Care, 420 Parrott Ave (2) Tire Z Zone, 1815 Parrott Ave (3) Gilbert Snapper, 315 South Parrott." Page -6- Staff Report Applicant's Name: Triple E Management, Inc. Special Exception Request Petition No. 10 -002 -SE (5) We agree that the location and site are appropriate for the use. The property is located on a major arterial (U.S. 441) and is zoned CHV which allows an auto service station and mechanical and repair services, as well as outdoor sales and storage as Special Exception uses. The proposed use is not significantly different from other vehicle related use located in the City. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "No." If the fence along the rear property line is improved and the noted driveways are blocked, we believe the overall living conditions in the area will be improved. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "Repair work to be done inside." While it is true that actual mechanical repairs will be conducted inside, the rear of the property provides an unappealing view from the church property. As noted previously, improving the fencing would provide more appropriate screening to the rear. (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "No." Density is not an issue with a commercial use and no significant increase in commercial intensity is envisioned that would have a negative effect upon public services or facilities. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "No." We agree that traffic congestion will not be a problem and traffic safety will be improved if the driveways nearest the corner are closed. Since there is no increase change in the physical extent of improvements, drainage should remain essentially the same as previous. Page -7- Staff Report Special Exception Request Applicant's Name: Triple E Management, Inc. Petition No. 10 -002-SE Recommendation: Based upon the foregoing analysis and findings, Staff recommends that Petition Number 10- 002 -SE be Approved with the following conditions: 1. The condition of the fence along the rear property line should be improved. 2. The driveways located closest to the corner of U. S. 441 and SE 6 Street should be closed to vehicular traffic through bollard (posts) or some other acceptable method. 3. The eastern driveway onto SE 6 Street should be improved. Submitted by: James G. LaRue, AICP Planning Consultant March 10, 2010 Attachments: Future Land Use Map Zoning Map, Property Appraiser's Aerial Photograph 1 Hearing Board of Adjustment, March 18, 2010 Staff Report Applicant's Name: Triple E Management, Inc. Special Exception Request I Okeechobee Future Land Use Map 5:W. fi TH STREET S.W. 7TH STREET TH STREET COMPREHENSIVE PLAN LAND USE IFAOIL Ibl LILT I ;?.NIIL c D1abERCIIA.L INDUSTRIAL PLEILI C FAC11I111ES FRIED (DENT LAILLAIX D USE subject property Petition No. 10 -002-SE 221 10 7 8 9 5 4 3 Staff Report Applicant's Name: Triple E Management, Inc. Special Exception Request Petition No. 10-002-SE M 10 11 12 ZONING 3 2 1 at dive .r.wr. COD- COMM OLISMESS DISTRICT CIN- HEAVY COMMERCIAL CLT L'6FR COMMERCIAL CPO COMA PROrCSSIONAL OITICC HCLDNG ND •INDLSIRIAL PLO ALEILIC FACILITIES IRLIDACREO RM RESID.'N IIAL ARE AMU RAN RESIDENTIAL MORLE NCPE RSF I RESIDEM+AL SINGLE FAMLY NSF, RESIDER' AALSIOLEFAMLI S.W. 6 TH STREET 9 8 S.VV. 7 Tii STREET Okeechobee Zoning Map iu subject property 6 5 4 I I 3 2 1 1 221 10 7 8 9 6 5 4 SE. 511H S lt± I 4 3 5 3 S.E. 6 TFN STREET 2 1 7 8 9 10 11 12 6 5 4 7 8 9 6 5 4 7 8 9 SE 7 III S1IREET Page -lo- Staff Report Special Exception Request 1k= subject property Applicant's Name: Triple E Management, Inc. Petition No. 10 -002SE Okeechobee County Property Appraiser's Aerial in the matter of INDEPENDENT NEWSPAPERS OKP3sC 1013U NTW5h J 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 .f' 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. Judy Kasten Sworn to and subscribed before me this _day of AD Notary Public, State of Florida at Large NOTARY PUBLIC -STATE OF FLORIDik Angie Bridges #DD779718 Expires: APR. 20, 2012 BONDED THRU ATLANTIC BONDING CO., INC, 107 SS\ 1 ?tl; Strret, Huth- D, Okecchnhee, (863) 763 -3134 PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION A PUBLIC HEARING will be held before the City of Okeechobee Board of Adjustment and Appeals on Thursday, March 18, 2010 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Cham- bers, Rm 200, Okeechobee, Florida. The agenda is available on the City website www.cityofokeechobee.com, or contact the General Services De- partment, pbumette@cityofokeechobee.com, 863 763 -3372 x 217. Under consideration is Special Exception Petition No. 10- 002 -SE, submitted by property owner, Triple E. Management Inc., Emilis Perez, President, to allow mechanical and repair services and an outdoor vehicle sales lot within a CHV Zoning District (Ref. Code Book Section 90- 283(7)(18). Property is lo- cated at 601 S. Parrott Ave. Legal: Lots 4 to 6 of Block 229, First Addition to City of Okeechobee, as recorded in Plat Book 1, Page 11, Public Records of Okeechobee County, Florida. All members of the public are encouraged to attend and participate in said Hearing. The entire petition may be inspected during regular business hours, Mon -Fri, Bam- 4:30pm, except for holidays. The Board of Adjustment and Appeals serves as the decision making body (quasi judicial), on behalf of the City, to approve or deny Special Excep- tions. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of Adjustment and Appeals with re- spect to any matter considered at this meeting, or hearing will need to en- sure 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 used for the sole purpose of back -up for the depart- ment. In accordance with the Americans with Disabilities Act (ADA) of 1990 persons needing special accommodation to participate in this proceeding should contact the General Services Office at 863- 763 -3372 for assistance. by: Brian Whitehall, Zoning Administrator Petition No. 10- 002 -SE 347492 ON 2/28;3/10/10