10-004-SE Laura Jonesity of 1 eechobee
General Services Department
55 S.E. 3` Avenue, Room 101
Okeechobee, Florida 39974 -2903
Phone: (863) 763 -3372, ext. 218
ate: (r I/ 0
Fee Paid: 6T-61
1 Hearing: if//
Publication Dates:
Notices Mailed:
etition o.
Jurisdiction:
2° Hearing:
0-00t/
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Rezone, Special Exception and Variance
APPLICANT INFORMATION
Name of property owner(s): Anselmo and MaryAnn Madrigal
Owner mailing address: 1788 SW 8th Street Okeechobee, FL 34974
Name of applicant(s) if other than owner Laura Jones
Applicant mailing address: 181 SE 80th Avenue Okeechobee, FL 34974
e -mail address: 1auraeasyt ravel@yahoo.c om
Name of contact person (state relationship): Laur Jones (tenant)
Contact person daytime phone(s): 863- 357 -17
PROPERTY INFORMATION
Property address /directions to property: 510 NE 2nd Avenue
Okeechobee, FL 34972
Describe current use of property: commercial /consignment shop
Describe improvements on property (number /type buildings, dwelling units occupied or
vacant, etc. one occupied commercial building; two storage sheds
Approx. acreage: 0. 241 ac Is property in a platted subdivision? yes
Is there a use on the property that is /was in violation of a city or county ordinance? If so,
describe: No.
No.
Is a pending sale of the property subject to this application being granted?
Describe uses on adjoining property to the North:
North: vacant /multi family East: residential
South: r es ident ial West: commercial /Seacoast National Ban'.
Existing zoning: Light Commercial Future Land Use classification Commercial
Rezone X Special is for: pecial Exception Variance
Parcel Identification Number: 3- 15- 37 -35- 0010 00890 -0060
17
ATTACHMENTS
Applicant's statement of interest in property attached
Date
Rec'd.
/0H
Chk'd
Revised 7/08
Page 1 of 10
Revised 7/08
Page 2 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
22
List of surrounding property owners with addresses and location sketch of the subject
property. See the Information Request Form from the Okeechobee Property Appraiser's
Office (attached)
23
Affidavit attesting to completeness and correctness of the list (attached)
INFORMATION SPECIFICALLY RELATING TO A REZONE
Date
Rec'd
Chk'd
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
Applicant's materials addressing required findings for granting a rezoning (attach).
INFORMATION SPECIFICALLY RELATING TO A SPECIAL EXCEPTION
28
Describe the Special Exception sought: To allow a take out /delivery
restaurant within a Light Commercial (CLT) zoning district.
29
Are there similar uses in the area? If so, describe them: Ye s
Five Guys Burgers 2 blocks south west
30
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:
Take -out and delivery of salads and smoothies; two (2) employees;
Hours of operation 10:00 a.m. to 5:00 p.m.; no outdoor activities
Revised 7/08
Page 2 of 10
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)
g g q g P ePt�
INFORMATION SPECIFICALLY RELATING TO A VARIANCE
33
Describe the Special Exception sought:
34
Describe the physical characteristics of the property that make the variance necessary.
35
Did you cause or contribute to the characteristic necessitating the variance? If so, describe:
36
What is the minimum variance necessary?
37
Applicant's materials addressing standards for granting a variance (attach)
38
Applicant's materials addressing findings required for granting a variance (attach)
Confirmation of Information Accuracy
39
I hereby certify that the information in this application is correct. The information included
in this application is for use by the City of Okeechobee in processing my request. False or
misleading information may be punishable by a fine of up to $500.00 and imprisonment of
up to 30 days and may resulting the summary denial of this application.
Signature Printed Name Date
i% r. :_,2 Laura S. Jones October 4, 2010
Revised 7/08
Page 3 of 10
Anselmo MaryAnn Madrigal Property Owners
Laura Jones Applicant
Applicants Statement of Interest in Property
Anselmo and MaryAnn Madrigal currently own approximately 0.241 acres located at 510
NE 2n Avenue. The applicant, Laura Jones wishes to establish a take -out only restaurant
on the subject property. The restaurant will specialize in salads and smoothies and will
be limited to take -out and delivery only. The food is served out of a take -out style
storefront and will cater to the lunch crowd. In accordance with the City of Okeechobee
Land Development Regulations, a special exception will required.
The subject property is currently zoned Light Commercial (CLT) and lies within the
Commercial Corridor Mixed Use future land use classification of the adopted
comprehensive plan. The proposed use is consistent with the land development
regulations, comprehensive plan and the general area.
Laura Jones respectfully requests that the Board of Adjustments and Appeals approve the
request for a special exception to allow a take -out restaurant in a Light Commercial
CLT zoning district.
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FIl.EO FOR RECORD
01' EECI "1' 1 f:OUHit Y. 11.
2001 Mir; -8 PIi 11: 11
SHARON RODERTSOh
CLERK OF CIRCUIT COUR1
THIS GEED HOT EFFECTIVE UNTit
A.D. by M. Martinez, Secretary
Ho mad. the U d'r d of Washington, D.G. herein called the Grantor,
Housing and Urban MARIETTA F Development, is 3 3• 8
address is 40 NARit:TTA ST.. FIVE POINTS PLAZA, ATLANTA, GEORGIA w
GAL and MARYANN MADRIGAL, Husband and Wife Post dace address
ECHOBEE, FLORIDA 34974. tarekraer card k e vers a .et rra+
-ammo* me sues° war r Ao WSW r sea rmckreM,. tha
d eoeroeret
That the Gunter, for and in corelderelion of ma sum of Ten and Nol100 Dollars (510.00) and
besedns seas, eMns. remises' releases.
W i T N E S S E Is hereby acknowledged, leraby gr ads
What oarman as artcerta in l an dsausteInOke echobeeCootlt'S1deof Plaids.nit
conveys and urd cor'a""s++a�
t 5, Block 89, OKEECHOBEE, according to the Piat.ihereof as
5, of the Public Records of Okeechobee County, Florida.
pursued loos provisions of the Nailed Housing Ad. as amended USC
D Actin sin en
and appurtenances thereto betonak'a or N anywise appertaining, and the
reds, Issues and,'rain$ heed. And also M the estate. Add. is'. interest.
In pert as a ii*! al os Grader. of, In and o he same. and sway pert
Possession, claim end d old
sz roperty. parcel01neof. wUt appurtenances.
premises saltine appurtenances• unto the teantep(al. and es
I to o TO HAVE AND TO HOLD, t he above granted in fee Simple forever.
and bengal heirs and assigns d said tlrarteel'i. He their try
5 m orralio s and lights appealing el record end o mr
SUBJECT TO ALL covenants, rasbtclidre, i r eesdoert' c
paPailY races tar oa errant and subsequent Sieve and b
1�' o( tads an amoao wail would dart.
the Inrrlawful Wilms d ail persons dakdn0 W,
AND he dame Grantor doss hereby 'Ferrety warrant are lad against
through 01 under Grads.
tN WITNESS WHEREOF, sea said Grantor has sot his/her hand end seat des 01/11 and lawful gray- in•faat for and an
What of as said secretary of Housing and Urinal Development. under authority and by virtue ol F.R. 6 (lonu/o). as
arna'd ad. f lO 24, Chapter IL Pad 200, Subpart O.. and 35 F.R. 16106 (101171101, es emended by
MEL MARTiNEZ
Secretary. Depnlmnt si Housing and Urban Develop/nod
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Name of Property Owner(s): RY
Mailing Address: mg S 1,J
Property Address: 7b N E Arha, 44't..
Parcel ID Number:
Name of Applicant: .L aura 3 one 5
Home Telephone(4 3) 3 6-07.17 b cWork:
Revised 7/08
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
Tele: 863- 763 -3372 Fax: 863 763 -1686
LAND USE POWER OF ATTORNEY
rYU '4 Akol amore- M aclri ga(
Cell:
a CtZhCi‘ee-'/__f_k_
Home Telephone:($' 7 3 7q f4C Work: Cell 243) 7k3
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.
i
IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS
DAY OF S r 20t
Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn
acknowledged before me that they are the owner(s) of the real property described above and that they executed the
power of attorney for the purpose stated therein. Sworn and subscribed this ZQ day of t� "X'(20 4
ARY MELISSA A. ST NE
NOTARY PUBLIC
/1 \F SEAL STATE OF FLORIDA
Notary Public: j 1 lQ Q lJ C,( �+.�r Comm# DD965486
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Commission Expires: c f l ahN VP Expires 2/24 /2014
Page 10 of 10
3-15-37-35-0010-00890-0070
NIX CATHERINE S TRUSTEE
201 NE 5TH ST
OKEECHOBEE FL349722605
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3-15-37-35-0010-00890-0090
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OKEECHOBE FL34974
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701 NE 3RD ST
OKEECHOBEE FL34972
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3-15-37-35-0010-00780-0090
MEDINA J REYES GARCIA
5615 NE 3RD LANE
OKEECHOBEE FL34974
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Anselmo MaryAnn Madrigal Property Owners
Laura Jones Applicant
Standards for Granting a Special Exception
1. Demonstrate that the proposed location and site are appropriate for the use;
The subject property is zoned Light Commercial (CLT) and is located within the
Commercial Corridor. The existing building and site is an appropriate location for
this type of take -out restaurant. The applicant is proposing to open only for lunch.
There should be no adverse effect on adjacent or nearby residential properties.
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 efforts or needed
The existing building appears residential in nature and is compatible with
adjacent properties and the neighborhood in general. The site has previously
operated in a commercial fashion and has not adversely impacted adjacent or
nearby residential properties.
3. Demonstrate any landscaping techniques to visually screen the use from
adjacent uses; or explain why no visual screening is necessary;
The subject property is adequately screened from adjoining residential properties
by a wood privacy fence. No additional screening or buffering appears to be
necessary.
4. Demonstrate what is proposed to reduce the impact of any potential hazards,
problems or public nuisance generated by the use; or explain how the nature of
the use creates no such potential problems;
The general neighborhood along the highway strip is predominated by commercial
uses. The proposed restaurant is geared towards delivery and take -out food
service. Therefore, no potential hazards, problems or public nuisances are
anticipated. However, the applicant will work to minimize any possible adverse
impacts to the community.
5. Demonstrate how the utilities and other service requirements of the use can be
met;
Adequate utilities and the like exist and appear to be adequate. The utility
services would be altered, as needed, subject to the requirements of the health
department or utility providers..
6. Demonstrate how the impact of traffic generated will be handled, off site and on
site; a concrete parking
The site currently has an existing driveway proposed use. Considering the proposed
area, which appear to be adequate for the p ro p
restaurant is geared towards delivery and take -out only, the existing driveway
connection and parking area should be sufficient for the use.
Anselmo MaryAnn Madrigal Property Owners
Laura Jones Applicant
Findings Requuired for Granting a Special Exception
1. The use is not contrary to the Comprehensive Plan requirements;
The subject property is categorized as Commercial on the Future Lane Use Map
and is zoned Light Commercial. If allowed, the proposed restaurant would be
consistent and compatible with the Comprehensive Plan.
2. The use is specifically authorized as a special exception use in the zoning
district;
The proposed use is specifically permitted in the Light Commercial (CLT) zoning
district after issuance of a special exception use petition..
3. The use will not have an adverse effect on the public interest;
No. If approved, the use should not an
food choices to the public
In fact, the use will serve to provide healthy
4. The use is appropriate for the proposed location, is reasonably compatible with
adjacent uses and is not detrimental to urbanizing land use patterns.;
nated by
Yes. The general neighborhood along highway strip is
has been established. The subject
commercial uses. The existing land use pattern
property is located in the Commercial Corridor and is zoned appropriately for the
use. The proposed use is reasonably compatible with adjacent uses and is not
detrimental to urbanizing land use patterns.
5. The use will not adversely affect property values or living conditions, nor be a
deterrent to the development of adjacent property;
No. The proposed use should not adversely affect property values or living of
c nor be a deterrent to the development of adjacent property
the surrounding properties are already developed.
shou d not adversely affect property
commercial use on a commercial property
values or living conditions on adjacent properties or properties in the general area.
6. The use may be required to be screened from surrounding uses to reduce the
impact of any nuisance or hazard to adjacent
The subject property
currently has a wood privacy fence installed on the North,
South and East property boundaries. No additional screening or buffering appears
to be necessary.
7. The use will not create a density pattern that will overburden public facilities
such as schools, streets, and utility services;
Density would not be an issue for this site.
8.
The use will not create traffic congestion, flooding or drainage problems or
otherwise affect public safety;
The existing traffic conditions will not be adversely affected by the proposed use,
generated by the use, such activity
noting that although additional traffic may beg proposed use would not create
flooding or dramag
would be expecteden p r commercial blems or otherwise affec public safety.
SHEET
BOUNDARY TOPOGRAPHIC SURVEY LOCATED IN
SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST
TALLAHASSEE MERIDIAN
OKEECHOBEE COUNTY, FLORIDA
DESCRIPTION
Lot 6 and the West half of Lot 5, Block 89,
OKEECHOBEE, accordina to the plat thereof
recorded in Plat Book 5, Page 5, Public
Records of Okeechobee County, Fiorida.
SURVEYORS NOTES
Subject to easements and restrictions of record.
Lands describes hereon not abstracted by this office.
Underground utilities and foundations are not shown.
The description shown hereon was provided by the
client and /or his/her agent.
Not valid without the signature ana the original raised
seal of a Florida licensed surveyor and mapper.
The surveyor Lid not interview adjoining land owners
for unrecorded deeds or easements.
Elevations. if any, are based upon assumed datum.
Lands shown hereon are in Flood Zone C, as scaled from
FEMA FIRM panel ho. 120177 0200B, dated 2 -4 -81.
Address: 510 NE 2ND AVENUE, OKEECHOBEE, FL
SURVEYORS CERTIFICATE
I hereby certify that the attached sketch of survey
of the hereon described property is true and correct
to the best of my knowledge and belief as surveyed
in the field under my direct supervision. Subject to
the qualifications noted hereon.
PROJECT No.
Jaynes R. Almond, PSM
Professional Surveyor Mapper
Florida Registration No. LS5081
JAMES L A R. sU R ALMOND PSM
SCALE: FLDBK /PAGE
1" 30' 89/34
2973 SW 3RD TERRACE
OKEECHOBEE, FLORIDA 34974 -2684
TEL: (863) 467 -5700 FAX: (863) 467 -6121
EMAIL: almond®okeechobee.com
2433
OF 1
I REVISIONS
101-20-04; ADDED TOPOGRAPHIC SURVEY FILE
MAP OF BOUNDARY AND TOPOGRAPHIC SURVEY
SURVEY DATE: AUGUST 28, 2001
IN
THIS BAR IS IN'ENL ED TG MEASURE I INCH LONG
.T THE SCALE SHOWN. IF BAR i✓ CASUPES DIFFERENTLY
ENLARGE OR RE: UCE ACCORDINGLY.
0
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ri'V
W'✓
CONCRETE
35.00'
Sf�E!1
NE7"56'22'W
BENCHMARK
ELEVATION 27.86
SET NAIL DISK IN ASPHALT
ELEVATIONS NGVD 1929
1v
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rye' N89'59'48*'
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110.00'
ryh
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UP- FO.5/8= IR x
NO ID NUMBER
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50.00' P
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WOOD FRAME 11.95'
RESIDENCE
h 24.73'
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5.821 ALUMINUM
I COVERED SHELL
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ry 6
LOT 6
50.00' P k
50.04' M I"y�
36.72'
FD 5/8" IR S89'59'16"W
NO ID NUMBER
LOT 7
EDGE OF PAVEMENT
SWALE
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ON CONCRETE
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FORMERLY TWELFTH STREET
NE /6TH STREET
Nl 8
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FD 5/8" IRC
LB 6329
25.01'
23.62'
23.82'
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70' R/W
LOT 4
LOT 9
PREPARED FOR: MARYANNE MADRIGAL
BLOCK 89
OKEECHOBEE
PLAT BOOK 5, PAGE 5
OKEECHOBEE COUNTY
FLORIDA
1
0
z
LEGEND
M MEASURED DIMENSION
D DEED DIMENSION
P PLAT DIMENSION
CM CONCRETE MONUMEN
IR IRON ROD
IRC IRON ROD WITH CAP
WM WATER METER
WV WATER VALVE
UP UTILITY POLE
SPRINT SPRINT
L ARC LENGTH
CENTRAL ANGLE
R RADIUS DISTANCE
CH CHORD
SF SOUARE FEET
GAL GALLON
FD FOUND
PS PLAT BOOK
Pc PAGE
ORB OFFICIAL RECORDS BOOK
RAD RADIAL
NR NOT RADIAL
Staff Report
Special Exception Request
Prepared for: The City of Okeechobee
Applicant: Laura Jones (tenant)
Petition No.: 10- 002 -SE
1,1.1.?_!! Planning
Management Services, Inc.
1375 Jackson Street, Suite 206
Fort Myers, Florida
239 -334 -33
Serving Florida Local Governments Since 1988
Staff Report
Special Exception Request
Applicant's Name: Laura Jones (tenant)
Petition No. 10 -004SE
General Information:
North:
Owner:
Owner Address:
Site Address:
Applicant/Contact Person
Contact Phone:
Anselmo and MaryAnn Madrigal
1788 SW 8 Street
Okeechobee, FL 34974
510 NE 2nd Avenue
Laura Jones (tenant)
863 357 -1760
LOT 6 AND THE WEST HALF OF LOT 5, BLOCK 89, OKEECHOBEE, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC
RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
Parcel ID: 3- 15- 37 -35- 0010- 00 -0060
Adjacent FLUM Classifications, Zoning Districts, and Existing Land Use
Future Land Use Map Commercial
Zoning District: CPO
Existing Land Use: Vacant
East: Future Land Use Classification: Multi Family
Zoning District: RMF
Existing Land Use: Multi- family
South: Future Land Use Classification: Multi Family
Zoning District: RMF
Existing Land Use: Multi- family
West: Future Land Use Classification: Commercial
Zoning District: CHV
Existing Land Use: Bank
Staff Report
Special Exception Request
Applicant's Name: Laura Jones (tenant)
Petition No. 10 -004SE
Item before the Board of Adjustment:
The matter for consideration by the City of Okeechobee Board of Adjustment is a
Special Exception for a take -out only restaurant on a lot of approximately 0.241 acre
property located at 510 NE 2nd Avenue. A restaurant or cafe is (1) of the list of special
exceptions in the CLT, Light Commercial, Zoning District.
Description of the Situation:
The subject property occupies about 0.241 acre. The subject property is currently used
by the owner as a consignment shop. The existing parking area contains three parking
spaces. The square footage of the building is about 900 square feet. The new tenant
wishes to open a delivery/take -out only restaurant (salads and smoothies) with two
employees and operating from 10:00 a.m. to 5:00 p.om. Excluding the kitchen and
storage areas, the Applicant has related that the public area of the building approxi-
mates 300 square feet, which indicates the need for four parking spaces.
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.
(1) Demonstrate that the proposed location and site are appropriate for the use.
"The subject property is zoned Light Commercial (CLT) and is located within the
Commercial Corridor. The existing building and site is an appropriate location for this
type of take -out restaurant. The applicant is proposing to open only for lunch. There
should be no adverse effect on adjacent or nearby residential properties."
Staff Comment: We agree that the site and location are appropriate for a small
restaurant of this nature. There appears to be adequate room adjacent to the
existing parking lot to accommodate another parking space.
(3)
Staff Report Applicant's Name: Laura Jones (tenant)
Special Exception Request Petition No. 10 -004SE
(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 existing building appears residential in nature and is compatible with adjacent
properties and the neighborhood in general. The site has previously operated in a
commercial fashion and has not adversely impacted adjacent or nearby residential
properties."
Staff Comment: We agree. The slight increase in intensity in changing from a
consignment shop to a take -out only restaurant should have no appreciable
adverse impact on adjacent properties.
Demonstrate any landscaping techniques to visually screen the use from
adjacent uses; or explain why no visual screening is necessary.
"The subject property is adequately screened from adjoining residential properties by a
wood privacy fence. No additional screening or buffering appears to be necessary.
Staff Comment: We agree.
(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.
"The general neighborhood along the highway strip is predominated by commercial uses.
The proposed restaurant is geared towards delivery and take -out food service. Therefore,
no potential hazards, problems or public nuisances are anticipated. However, the
applicant will work to minimize any possible adverse impacts to the community."
Staff Comment: We agree. Most of the properties along 2nd Avenue are or are
expected to be in commercial use. Access to the site is only via NE 2nd Avenue
and no potential traffic hazards are expected as the result of a small delivery and
take -out restaurant in this location.
Staff Report
Special Exception Request Applicant's Name: Laura Jones (tenant)
Petition No. 10 -004SE
(5) Demonstrate how the utilities and other service requirements of the use can be
met.
"Adequate utilities and the like exist and appear to be adequate. The utility services
would be altered, as needed, subject to the requirements of the health department or
utility providers."
Staff Comment: According to the survey, the property is now served by a septic
tank. OUA has confirmed that there is no direct sewer connection available in
this area. Staff has a call in to the Health Department concerning the adequacy
of the septic system.
(6) Demonstrate how the impact of traffic generation will be handled off site and on-
site.
"The site currently has an existing driveway connection and a concrete parking area,
which appear to be adequate for the proposed use. Considering the proposed restaurant is
geared towards delivery and take -out only, the existing driveway connection and parking
area should be sufficient for the use.
Staff Comment: According to the 7th Edition of the ITE Trip Generation Report, a
fast -food restaurant without drive through service is the closest category for
which data is available. This type of use is estimated to generate 26.15 trips per
1,000 square feet during the PM peak hour. Assuming a 300 square foot facility,
such a restaurant could generate about 7.8 trips during the PM peak hour. While
this is likely to be greater than that of a consignment shop, we believe the small
size of the proposed use would result in a relatively modest increase in traffic
during the typical Tate- afternoon peak hour which is normally the time frame
where peak -hour traffic is likely to be a concern.
We do not entirely agree that the existing parking may be adequate. Based on a
requirement of one off street parking space per 75 feet of floor area for a
restaurant, and an estimated size of 300 square feet of public area (excludes
kitchen and storage areas), the parking requirement is likely to be four spaces.
This is one more than currently provided. However, it does appear that there is
adequate room adjacent to the parking area to accommodate one more parking
space.
Staff Report Applicant's Name: Laura Jones (tenant)
Special Exception Request Petition No. 10 -004SE
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
t1se findings:
(1) The use is not contrary to the Comprehensive Plan requirements.
"The subject property is categorized as Commercial on the Future Lane Use Map and is
zoned Light Commercial. If allowed, the proposed restaurant would be consistent and
compatible with the Comprehensive Plan."
Staff Comment: We agree that a delivery and take -out restaurant is a commer-
cial 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 proposed use is specifically permitted in the Light Commercial (CLT) zoning district
after issuance of a special exception use petition."
Staff Comment: We agree.
The use will not have an adverse effect on the public interest.
No. If approved, the use should not have an adverse effect on the public interest. In fact,
the use will serve to provide healthy food choices to the general public."
Staff Comment: We agree that the use will not have an adverse effect on the
public interest, provided the required number of off street parking spaces are
located on the site and the existing septic tank is adequate for the use, will be
modified to be adequate, or sanitary sewer hook -up is accomplished if necessary
and required.
(4) The use is appropriate for the proposed location, is reasonably compatible with
adjacent uses and is not detrimental to urbanizing land use pattems.
"Yes. The general neighborhood along the highway strip is predominated by commercial
uses. The existing land use pattern has been established. The subject property is located in
the Commercial Corridor and is zoned appropriately for the use. The proposed use is
reasonably compatible with adjacent uses and is not detrimental to urbanizing land use
patterns."
Page -6-
Staff Report Applicant's Name: Laura Jones (tenant)
Special Exception Request Petition No. 10 -004SE
(5)
Staff Comment: We agree that the use is appropriate for the proposed location
and is compatible with adjacent uses. Adjacent residential uses are buffered by
a wood privacy fence. The use will be open only during daylight hours with the
most activity occurring during the lunch hours. It does not appear that there will
be significant cooking and the likelihood of odors being noticed by nearby
residential uses appears remote. As a commercial use in an area envisioned as
a part of the area to be designated as the City's Commercial Corridor, the
proposed delivery/take -out restaurant 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.
"No. The proposed use should not adversely affect property values or living conditions, nor
be a deterrent to the development of adjacent property. Most of the surrounding properties
are already developed. The continuation of a commercial use on a commercial property
should not adversely affect property values or living conditions on adjacent properties or
properties in the general area."
Staff Comment: The development of the property as a small, limited menu,
delivery/take -out restaurant should not adversely affect property values. The use
will not be a deterrent to development of adjacent property, which will either
continue in multi family use or develop in one form or another of commercial use.
In either case, the proposed use will not be detrimental to the urbanizing land use
patterns 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.
"The subject property currently has a wood privacy fence installed on the North, South and
East property boundaries. No additional screening or buffering appears to be necessary."
Staff Comment: We agree and for the reasons set forth in item 4, previous, we
do not believe additional screening or buffering will be necessary.
The use will not create a density pattern that will overburden public facilities such
as schools, streets, and utility services.
"Density would not be an issue for this site."
Staff Comment: We agree.
Page -7-
Staff Report Applicant's Name: Laura Jones (tenant)
Special Exception Request Petition No. 10 -004SE
(8)
The use will not create traffic congestion, flooding or drainage problems, or
otherwise affect public safety.
"The existing traffic conditions will not be adversely affected by the proposed use, noting
that although additional traffic may be generated by the use, such activity would be expected
in a commercial district. The proposed use would not create flooding or drainage problems or
otherwise affect public safety."
Staff Comment: The traffic conditions discussed by the Staff in response to item
6 of the standards for granting a Special Exception are sufficient to indicate that
the use will not create traffic congestion. Since only a small amount of
impervious area will be added as a result of the addition of one parking space,
we do not envision any drainage problems.
Recommendation:
Based upon the foregoing analysis and findings, Staff recommends that Petition
Number 10- 004 -SE be Approved provided adequate parking can be provided and it is
determined that the existing septic is attached that meets Health
ensures provision the proposed use or a condition sionof an adequate
means to address the sanitary sewer needs of the use.
Submitted by:
James G. LaRue, AICP
LaRue Planning and Management Services, Inc.
November 10, 2010
Attachments:
Future Land Use Map
Zoning Map,
Property Appraiser's Aerial Photograph
1 Hearing Board of Adjustment, November 18, 2010
Staff Report
Special Exception Request
107
0 Madrigal Site
SINGLE FAMILY
MULTI FAMILY
RESIDENTIAL MIXED USE
COMMERCIAL
INDUSTRIAL
PUBLIC FACILITIES
Prepared ci LaRue Panning 8 management SmMCee. Inc
Applicant's Name: P eti{ ra Jones (tenant)
on No. 10 -004SE
Future Land Use Designations
Madrigal Site Environs
200 0 200 400 Feet
Page -9-
Staff Report
Special Exception Request
Zoning
Madrigal Site Environs
CI Madrigal site
H
RSF1
RMH
ii RSF2
RMF
CPO
CLT
CBD
CHV
IND
PUB
PUD-R
PUD -M
Prepared Dy. LaRue Ptanning Maagernens Services. Inc.
Applicant's Name: Laura Jones (tenant)
Petition No. 10 -004SE
200 0 200 400 Feet
Page -10-
Staff Report Applicant's Name: Laura Jones (tenant)
Special Exception Request
Petition No. 10 -004SE
Okeechobee County Property Appraiser Map Printed on 11/8/2010
Subject Property
Planning
Management Services, Inc.
1375 Jackson Street, Suite 206
"cart Myers. Florida
239 -334 -3366
Serving Florida Local Governments Since 1988
BILL TO
City of Okeechobee
Attn: Betty Clement
55 SE 3rd Avenue
Okeechobee, FL 34974
Email: bclement @cityofokeechobee.com
El FILE COPY
Invoice
DATE
12/2/2010
INVOICE
4808
DESCRIPTION
Planning Zoning Services for the month of November 2010
Consultant and staff review and preparation of staff reports.
Development Applications:
10- 004 -SE, Madrigal Special Exception for Take out/delivery restaurant (10.25
hrs)
General Planning:
Telephone calls with staff; responding to e-mails and minor inquiries from staff and
citizens /property owners; work on and prepare materials for BOAA meeting on
November 18th on storefront church issue and subsequent City Council
consideration.
Monthly services per agreement of 40hours $3500.00. Additional hours at
standard rate of $105.00 per hour.
Thank You For This Opportunity to Serve You!
P.O. NO.
HOURS
18.75
TERMS
Net 15
RATE
3,500.00
DUE DATE
12/17/2010
AMOUNT
3,500.00
Total $3,500.00
November 22, 2010
Dear Ms. Jones:
CITY OF OKEECHOBEE
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
Tele: 863 763 -3372 Fax: 863 763 -1686
VIA EMAIL
!aura easytravel a@yahoo.com
This letter is to officially advise you that the Board of Adjustment at its regular meeting on
November 18, 2010, approved your Special Exceptions, Petition No. 10- 004 -SE, to allow
restaurant, cafe ref. LDR's Sec. 90 -253 (1) for property located within a Commercial Light
Zoning District. Attached herewith please find a copy of the minutes for your records, which
also outlines the Special Conditions to which the Petition was approved by.
Please reference City Code Book Sec. 70 -348 Effective time limit on approvals. Paragraph (4)
Special exception use and variance approvals shall have a valid period of not more than two
years, prior to which a building permit application must be submitted or the approval
shall lapse.
Should you require additional information please do not hesitate to contact me.
Sincerely,
2 reet4iwkt
Betty J. Clement
General Services Coordinator
enclosure
January 10, 2011
Mrs. Laura Jones
181 Southeast 8th Street
Okeechobee, Florida 34974
Dear Mrs. Jones:
This letter shall serve to inform you that we have received additional processing fees from
the City Planner for your Special Exception Petition 10- 004 -SE, which exceeded your
petition fee of $500.00. We are aware that your petition was finalized November 18, 2010,
but we have been waiting for the final billing from the City Planner. Enclosed herewith,
please find an invoice indicating the additional fees due.
Please remit payment of $588.08, to the City of Okeechobee, Finance Department, 55 SE
3rd Avenue, Okeechobee, FL 34974, or you may contact India Riedel, in Finance, 763 -3372
ext 223, to discuss payment arrangements.
Should you require additional information please do not hesitate to contact me or
Administrator Whitehall. With best regards, I am
Sincerely,
an
Lane Gamiotea, CMC
City Clerk
LG /mj
City of Okeechobee
cc w /enclosure: Brian Whitehall, Administrator
India Riedel, Accounts Supervisor
55 S.E. Third Avenue Okeechobee, Florida 34974 -2903 (863) 763 -3372 Fax: (863) 763 -1686
Office of the City Clerk
U.S. Postal Service,.
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.com®
NMI
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage Fees
r To
Street, Apt. No.;
or PO Box No.
City, State, Z1P+4
Postage
Certified Fee
Postmark
Here
ew -dd s
PS Form 3800. August 2006
See Reverse for Instructions
Planning
Management Services, Inc.
1375 Jackson Street, Suite 206
ort Myers. Florida
9- 334 -3366
Serving Florida Local Governments Since 1988
BILL TO
City of Okeechobee
Attn: Betty Clement
55 SE 3rd Avenue
Okeechobee, FL 34974
Email: bclement @cityofokeechobee.com
[a FILE COPY
Invoice
DATE
12/2/2010
INVOICE
4808
DESCRIPTION
Planning Zoning Services for the month of November 2010
Consultant and staff review and preparation of staff reports.
Development Applications:
10- 004 -SE, Madrigal Special Exception for Take out/delivery restaurant (10.25
hrs)
General Planning:
Telephone calls with staff; responding to e-mails and minor inquiries from staff and
citizens /property owners; work on and prepare materials for BOAA meeting on
November 18th on storefront church issue and subsequent City Council
consideration.
Monthly services per agreement of 40hours $3500.00. Additional hours at
standard rate of $105.00 per hour.
Thank You For This Opportunity to Serve You!
P.O. NO.
HOURS
18.75
TERMS
Net 15
RATE
3,500.00
DUE DATE
12/17/2010
AMOUNT
3,500.00
Total
$3,500.00
November 22, 2010
Dear Ms. Jones:
This letter is to officially advise you that the Board of Adjustment at its regular meeting on
November 18, 2010, approved your Special Exceptions, Petition No. 10- 004 -SE, to allow
restaurant, cafe ref. LDR's Sec. 90 -253 (1) for property located within a Commercial Light
Zoning District. Attached herewith please find a copy of the minutes for your records, which
also outlines the Special Conditions to which the Petition was approved by.
Please reference City Code Book Sec. 70 -348 Effective time limit on approvals. Paragraph (4)
Special exception use and variance approvals shall have a valid period of not more than two
years, prior to which a building permit application must be submitted or the approval
shall lapse.
Should you require additional information please do not hesitate to contact me.
Sincerely,
Betty J. Clement
General Services Coordinator
enclosure
CITY OF OKEECHOBEE
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
Tele: 863 763 -3372 Fax: 863 763 -1686
VIA EMAIL
!aura easytravel@yahoo.com