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1094 LDRs 90-572 Signs ORDINANCE NO. 1094 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CODE OF ORDINANCES SECTIONS 90-572(a)(1) BY CHANGING r..r THE METHOD FOR CALCULATING THE AMOUNT OF BUILDING SIGNAGE ALLOWABLE FOR BUILDINGS WITH A SINGLE BUSINESS OR OCCUPANT; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716, as amended, known as the Land Development Regulations within the City; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and Land Development Regulations to address certain inconsistencies or outdated regulations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the Code a more consistent and easier to understand document; and WHEREAS,the City's Planning Board, acting as the Local Planning Agency, has reviewed the proposed amendments, at a duly advertised meeting held on September 20, 2012 and hereby recommends certain changes, amendments or modifications to the Code to present to the City Council for ordinance adoption; and WHEREAS,the City Council agrees with the Planning Board's recommendation and finds enacting such amendments to be in the best interest of its citizens of said City. NOW THEREFORE, the City Council for the City of Okeechobee, Florida, does herein approve, adopt and amend the City Code of Ordinances as follows: SECTION 1. Amendment and Adoption. That Chapter 90, ZONING, ARTICLE IV, Division 5, Signs, Section 90-572(a)(1), Code of Ordinances for the City of Okeechobee, Florida, are amended in the following respects: Sec. 90-572 — Building Signs (a) Building signs for buildings with a single business or occupant; (1) The total area of all building signs for an enterprise shall not exceed Owe one (1) square foot of sign face area for each linear foot of property along the front of the lot. - - - _ • - = = - - - is-50-square ee ) For the purpose of this section, the front of the lot is that side upon which the property is addressed. SECTION 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Language to be added is underlined Language to be deleted is struele-through Ordinance No. 1094 Page 1 of 2 SECTION 3. Severability. If any provision or portion of this ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 16th day of October, 2012. James E. Kirk, Mayor ATTEST: : a Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second • ' al Public Hearing this 13th day of , November, 2012. r James E. Kirk, Mayor ATTEST: 411" i rCc�c � Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: QJo n R. Cook, City Attorney Language to be added is underlined Language to be deleted is struek-through Ordinance No. 1094 Page 2 of 2 City of Okeechobee Date: 8_1 y-._la Petition No. /0/-00 1-?F} General Services Department Fee Paid: 5CX).00 5114I12 Jurisdiction: P13 t✓ C� 55 S.E. 3`d Avenue, Room 101 1s` Hearing: q_ f_ja 2nd Hearing: Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: !IJ-I Ln-r a Fax: (863) 763-1686 Notices Mailed: APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: McDonald's Corporation —Agent: Code Checkers, Inc., Susanne Wildner 2 Mailing address: P.O. Box 3211, Jupiter, FL 33469 3 E-mail address: info @codecheckers.com 4 Daytime phone(s): 561-743-8066 Do you own residential property within the City? ( ) Yes LXJ No 5 If yes, provide address(es) Do you own nonresidential property within the City? LXJ Yes ( ) No 6 If yes, provide address(es) 401 NE Park Street REQUEST INFORMATION Request is for: (_,X_) Text change to an existing section of the LDRs 7 ( ) Addition of a permitted use ( ) Deletion of a permitted use ( ) Addition of a special exception use ( ) Deletion of a special exception use ( ) Addition of an accessory use ( ) Deletion of an accessory use • Provide a detailed description of text changes to existing section(s) showing deletions in strikeout and additions in underline format. (This description may be provided on separate sheets if necessary.) (a) Building signs for buildings with a single business or occupant; (1) One square foot of sign face area for each linear foot of the building width that faces the a street or access drives (for example, if the width of the building facing the front-of-the-lot one street is 50 feet wide and building length facing an additional street is 100 feet,the maximum total sign face area for all building signs is 150 square feet.) 8 (2) No single building sign on any one side of a building shall exceed 60 square feet of sign face area, except that such size limit shall not apply to a building sign facing parallel to US 441 or SR 70 when the sign is located on a single-use building located on property fronting on US 441 or SR 70. (3) Where building signs are placed upon more than one side of the building, the combined sign face area, shall not exceed the amount permitted by subsection (a) above. Provide a detailed listing of use(s)to be added or deleted and the zoning district(s) and section(s)to be changed. (This description may be provided on separate sheets if necessary.) . t ` A 9 REQUIRED ATTACHMENT Non-refundable application fee of$500 1'0• c K . 3R 1S Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges - 10 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. Confirmation of Information Accuracy 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 punishabl- by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this applicaa %i. Si! ature Printed Name Date j�v ' ciS ^tE W L -o eva. CA4c55 ”4/2ol2- cop� kz-12.5) o1/41c. — ACsEtiT ..�.,�+cbs For questions relating to this application packet, call General Services Dept. at(863)-763-3372, Ext. 218 LDR Amendment Application Page 2 of 3 Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to be changed. (This description may be provided on separate sheets if necessary.) 9 Sec.90-572(a)(1) REQUIRED ATTACHMENTS Non-refundable application fee of$500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges -When 10 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. For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 FINDINGS REQUIRED FOR GRANTING A CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16 as modified for a text amendment) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed request is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change and its likely effects: 1. Are not contrary to Comprehensive Plan requirements. N/A 2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s)affected. Text Amendment is Requested for Clarification of `> Specifically the Wall Sign Regulation for determining allowable area of signs on multi-street frontage lot with a narrow Building Street Front. 3. Will not have an adverse effect on the public interest. No. This Text change may help the public better identify businesses from a side street. 4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning districts affected,and is not contrary or detrimental to urbanizing land use patterns. Yes. This Text change is appropriate,reasonable&compatible. 5. Will not adversely affect property values or living conditions,or be a deterrent to the improvement or development of other properties in the zoning district(s)affected or nearby thereto. No. Text change will not adversely affect property values or living conditions,or be a deterrent to the improvement or development of other properties in the zoning district(s)affected or nearby thereto. 6. Can be suitably buffered from surrounding uses,so as to reduce the impact of any nuisance or hazard to the neighborhood. Text Change is only for business wall signs per code allowed now in Sec 90-572. 7. Will not create a density pattern that would overburden public facilities such as schools,streets,and utility services. N/A 8. Will not create traffic congestion,flooding or drainage problems,or otherwise affect public safety. N/A 9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions. Text Amendment should only clarify restriction. Sec.90-572(a)(2)remains intact to limit maximum size of any building wall sign to 60 sq'. Amended Addition: 10. Your responses addressing the above fmdings should be as descriptive as possible. You should also make a case for your request by explaining why the existing regulation is inappropriate or inadequate,and why what you are proposing is appropriate not only for your particular interest but also for other property owners and the City as a whole. Attach additional pages as may be necessary to adequately make your case. The City will,in the Staff Report,address the request and evaluate it and your submission in light of the above criteria and the overall appropriateness of the request and offer a recommendation for approval, approval with changes,or denial. *McDonald's 401 Park Street Zoning Review COMMENTS: (As originally proposed)there would be four signs, not counting the existing pole sign. Proposed Max. area of all building Location of Sign signs allowed (sf) signs(sf) [§90-572(a)(1)& (3)] 1. "McDonald's" on roof on front 39.5 of building 2. "M" on front wall 14.0 3. "McDonald's" on roof on west side of building(drive-thru 39.5 side) 4. "M" on east side wall(non- 14.0 drive thru side) TOTAL 107 49 Street Frontages Max. total area of all signs, SR 70: 144'; (one pole or ground sign and NE 4th Av: 300' all building signs) [§90- NE 5th Av: 150' 573(a)] [144 + '/2 of 150)+( '/z of 300)=3691 Comment: Only 49 square feet of building signs are allowed. The proposal contemplated 107 square feet. (a) Building signs for buildings with a single business or occupant; (1) One square foot of sign face area for each linear foot of the building width that faces the front of the lot (for example,if the width of the building facing the front of the lot is 50 feet wide,the maximum total sign face area for all building signs is 50 square feet). (2) No single building sign on any one side of a building shall exceed 60 square feet of sign face area, except that such size limit shall not apply to a building sign facing parallel to US 441 or SR 70 when the sign is located on a single-use building located on property fronting on US 441 or SR 70. (3) Where building signs are placed upon more than one side of the building,the combined sign face area,shall not exceed the amount permitted by subsection (a)above. [Note, this reference should be to subsection (1.), not(a)] The following limitations shall apply to the number and type of all signs except temporary signs, and building signs covered under sections 90-570 and 90-572, respectively. (a) Total number of all signs. Only the following number and types of signs and advertising devices shall be located on any lot or parcel at any one time,subject to the following conditions: (1) Ground signs and pole signs(permit required). One ground sign or pole sign is allowed in the front yard,and such sign shall not exceed 50 square feet in sign area and 20 feet in height, and shall not be closer than 25 feet to a residential district. (2) Inflatable wind signs,search lights, and spot lights(permit required).Not more than one inflatable wind sign or search light or spot light shall be permitted on a single lot or parcel. Inflatable wind signs, search lights,and spot lights shall be permitted only within the commercial and industrial zoning districts and only under the following conditions: a. Issuance of a sign permit shall be required; b. No such inflatable wind sign,search light,or spot light shall be displayed on the same property more than two times per year and no period of display shall exceed 14 total days; and, c. No such inflatable wind sign,search light,or spot light shall be placed on the public right-of-way. (3) Other signs such as portable signs, banners, and non-inflatable wind signs(no permit required). a. On lots with one single-occupancy building, not more than a total of three such signs shall be allowed on a single lot or parcel and only under the following conditions: 1. The total area of such signs shall not exceed 48 square feet. 2. The maximum size of any banner shall be sixteen square feet in area and eight feet in height. b. On lots with multiple buildings or a multiple occupancy building, one portable sign, banner, or noninflatable wind sign is allowed for each unit within the building(s)and such sign, banner, or noninflatable wind sign shall not exceed sixteen square feet in area or eight feet in height. (b) Total area of all signs. The combined sign area of building signs,ground signs and pole signs is limited to one square foot for each linear foot of property on a frontage street, plus one square foot for each two linear feet of property on side streets. In addition the total area of other signs identified in subsection (a)(3), above,shall not exceed 48 square feet. Spa u les RE: McDONALD'S RESTAURANTS State of Florida—All State and Local jurisdictions Ref: 2012 Major Remodel &New Projects OMNIBUS AGENT AUTHORIZATION FOR CODE CHECKERS, INC. KNOW ALL MEN BY THESE PRESENTS: That TIM CHESS, Area Construction Manager for McDonald's Corporation, a Delaware corporation, whose principal place of business is One McDonalds Plaza, Oak Brook, Illinois, 60523, and duly authorized agent/employee and attorney in fact of the corporation, does hereby authorize and appoint and/or SUSANNE WILDNER of CODE CHECKERS, INC., to act on his behalf and as agent for McDONALD'S CORPORATION as follows: (1) To submit and procure all permits, plan review, land use approvals, special conditions, conditional use, variances, and development orders for the construction, re- construction and development of McDonald's restaurant sites throughout the State Of Florida. (2) To sign all papers, execute under oath and do all things necessary, appropriate or incidental to the procurement of the foregoing land use and development review and approval. This authorization will stay in effect for one year after the date signed below unless terminated in writing at an earlier date. All permitting authorities, local and regional governments, utilities, and all persons or entities presented herewith may on this written authoriz 'on, and any copies and facsimiles hereof. CODE CHECKERS is authorized to tailor this au orization for a specific permitting agency by adding project specific information above. TIM CHESS, Area Construction Manager McDonald's Corporation STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me, the undersigned authority, this /[d day of$t' & F t3, 2012, by TIM CHESS, Area Construction Manager of MCDONALD's CORPORATION, who is personally known to me or has produced. as identification. NOTARY PtJBLIC.STATE OF FLORIDA "s. Jonathan M. Pules NOT• - ' •LIC/STATE OF� F ORID A Commission#DD867605 Print Names err . ,,r, t es �. ,:..-`Expires: APR.05,2013 My Commission expires: APR_ (95 2c4.3 BONDID17iRUUXfLANl7CBO DLNGCO..INC i s w i i d n e r RE: McDONALD'S RESTAURANTS State of Florida–All State and Local jurisdictions Ref: 2012 Major Remodel &New Projects OMNIBUS AGENT AUTHORIZATION FOR CODE CHECKERS, INC. KNOW ALL MEN BY THESE PRESENTS: That TIM CHESS, Area Construction Manager for McDonald's Corporation, a Delaware corporation, whose principal place of business is One McDonalds Plaza, Oak Brook, Illinois, 60523, and duly authorized agent/employee and attorney in fact of the corporation, does hereby authorize and appoint J. MARK PAULES and/or of CODE CHECKERS, INC., to act on his behalf and as agent for McDONALD'S CORPORATION as follows: (1) To submit and procure all permits, plan review, land use approvals, special conditions, conditional use, variances, and development orders for the construction, re- construction and development of McDonald's restaurant sites throughout the State Of Florida. (2) To sign all papers, execute under oath and do all things necessary, appropriate or incidental to the procurement of the foregoing land use and development review and approval. This authorization will stay in effect for one year after the date signed below unless terminated in writing at an earlier date. All permitting authorities, local and regional governments, utilities, and all persons or entities presented herewith may on this written authorization, and any copies and facsimiles hereof. CODE CHECKERS is authorized to tailor this aut Yr ation for a specific permitting agency by adding project specific information above. TIM CHESS, Area Construction Manager McDonald's Corporation STATE OF FLORIDA COUNTY OF The foregoing ytstrument was acknowledged before me, the undersigned authority, this t c, day of ►-c^r3rzu 6—y, 2012, by TIM CHESS, Area Construction Manager of MCDONALJ 's CORPORATION, who is personally known to me or has produced. as identification. 'NOTARY P LIC/STATE OF F ORIDA 'OTARY PUBLIC-STATE OFFLORIDA Susanne M. Wildner Print Name.ti ►�-�^� - :Commission#DD788514 - •• Expires: JULY 17,2012 My Commission expires: t in/7 �Z 0 Bo NDEDTHRIIATLANTICB BONDING CO.,INC, POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That I, CATHERINE A. GRIFFIN, Vice President of McDonald's Corporation, a Delaware corporation, whose principal place of business is One McDonald's Plaza, Oak Brook, Illinois 60523, being desirous of appointing an attorney-in-fact to act on behalf of the corporation, do hereby nominate, constitute and appoint Michael Motta, Development Director, Tim Chess, Area Construction Manager. Rosangela DeMello, Area Construction Manager, Ramon Santos, Area Construction Manager, Stephanie Tyrrell, Area Construction Manager, Jose Villar, Area Construction Manager, Pia Viphuthanond, Area Construction Manager members of the McDonald's Real Estate and Construction Department at its regional office location at 10150 Highland Manor Drive, Suite 470, Tampa, Florida 33610, as true and lawful attorney-in-fact with the following powers for and on behalf of McDonald's USA, LLC, a Delaware limited liability company regarding the following: 1. To prepare, file, execute and otherwise prosecute any and all types of applications for rezoning, special use permits, subdivisions, variances and any other land use matter necessary for the construction and development of McDonald's restaurants located in the State of Florida. 2. To appear before administrative and legislative bodies, to present testimony to such bodies and to otherwise represent McDonald's USA, LLC, a Delaware limited liability company in zoning and other land use hearings in cities, municipalities and counties located in the State of Florida. 3. To do any other act on behalf of McDonald's USA, LLC, a Delaware limited liability company with regard to land use applications and procedures involved in the construction and development of McDonald's restaurants in the State of Florida. 4. To exercise all powers and to do all acts on behalf of McDonald's USA, LLC, a Delaware limited liability company deemed by said attorney-in-fact to be incidental to, or necessary or appropriate to carry into full effect the foregoing powers, hereby ratifying and confirming all that said attorney can lawfully do or cause to be done buy virtue hereof. This power of attorney shall remain in full force and effect until revoked by me provided further that said revocation shall be of no effect in respect to parties acting or things done in reliance herein prior to the actual receipt by them of written notice of said revocation. This power of attorney shall terminate one (1) year from the date hereof unless sooner revoked by me. In witness whereof, I have executed this agreement this 2 day of February. 2012. ATTEST: McDONALD'S CORPORATION, a Delaware corporation 4.a, a — By:_ `: Sal Ruth A. Schoenmeyer, Senior Counsel Catherine A. Griffin, Vice- STATE OF ILLINOIS } COUNTY OF DUPAGE } ss. I Gwen E. Nakutis, a Notary Public in and for the said county and state aforesaid, DO HEREBY CERTIFY that Catherine A. Griffin, Vice President and Ruth A. Schoenmeyer, Senior Counsel of McDonald's Corporation who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this 2 day of February, 2012. OFFiCIAL SEAL /- GIVEN E NAKUTIS a="fr My commission expires O41 APU$L{i STATE OF ILLINOIS Gwen E. Nakutis, Notary Public MY COMMISSION EXPIRES:04/18;14 C:\Documents and Settings\mc10563\Application Data\Hummingbird\DM\Temp\CORPLEGAL-#1031 •-v1- a u is_ _Power_of Attorney_doc MCD0NALD'S CORPORATION CERTIFICATE OF SECRETARY I, Gloria Santona, as an officer of McDonald's Corporation, a corporation organized and existing under the laws of the State of Delaware, United States of America (the • "Company"),hereby certify as follows,as of the date hereof: 1. I am the duly appointed, qualified and acting Corporate Executive Vice President, General Counsel and Secretary of the Company. 2. •Catherine A. Griffin is the duly appointed, qualified and acting Corporate'Vice President — Deputy General Counsel and Assistant Secretary of the Company, and, as such, is vested with and maintains • the powers and responsibilities incident thereto, as authorized by the Delaware General Corporation Laiv, the Company's Restated Certificate of Incorporation, and the Company's Amended and Restated . By-Laws. • 3. The signature opposite Catherine A. Griffin's name below is hei genuine signature: ... Catherine A. Griffin �_ IN WITNESS WHEREOF, I have hereunto set my hand on this —day o l�.:..A. 2007. - 4 McDONALD'S CORPORATION . Gloria Santona Corporate Executive Vice President,General Counsel and Secretary • • • • Document#:403240-vi D_SearchResults Page 1 of 2 Okeechobee County Property Appraiser 2011 Certified Values CAMA updated:8/9/2012 Parcel: 3-15-37-35-0010-01510-0040 Parcel List Generator (Retrieve Tax Record I «Next Lower Parcel Next Higher Parcel» Property Card 2011 TRIM(pdf) , I. Interactive GIS Map Print Owner & Property Info Search Result:1 of 1 Owner's Name FRANCHISE REALTY GIS Aerial Site Address 401 NE PARK ST, OKEECHOBEE C., t}, w, %MCDONALD'S CORPORATION '. „4 4,w Mailing COLUMBUS ACCOUNTING CENTER Address PO BOX 182571 f > COLUMBUS, OH 432182571 i►+ t , .%tt 1 ' CITY OF OKEECHOBEE LOTS 4 5 6 7 8,LOT 9 LESS S 15 FT OF �� �" ',-w s :" r , Description E 6.17 FT BLOCK 151 AND ALLEY LYING BETWEEN , AFORESAID LOTS y,. p t � - l°-° NOTE:This description is not to be used as the Legal Description for this t L , 4 parcel in any legal transaction. ' `° ilk Land Area 1.038 ACRES SR/R 35 RDAD 70 , Neighborhood 518630.00 Tax District 5o . :z,. ,. .. - < DOR Use Code RESTAURANT Market Area 40 0 82 `164 246 328 410 492 674 et (002100) The DOR Use Code shown here is a Dept.of Revenue code.Please contact the Okeechobee County Planning&Development office at 863-763-5548 for specific zoning information. Property &Assessment Values 2011 Certified Values Mkt Land Value cnt: (2) $174,438.00 Just Value $476,698.00 Ag Land Value cnt: (o) $o.00 Class Value $0.00 Building Value cnt: (1) $221,459.00 Assessed $476,698.00 XFOB Value cnt: (6) $80,801.00 Value Total Exempt Value $0.00 Appraised $476,698.00 Total Taxable Value Value $476,698.00 Show Similar Sales within 1/2 mile Sales History (_� �— ( Fill out Sales Questionnaire i Sale Date Book/Page Inst.Type Sale VImp Sale Qual Sale RCode Sale Price 3/1/1977 196/777 V Q $95,000.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value Show Sketch 1 RES F/F GD(005701) 2000 3364 4604 $221,459.00 Extra Features&Out Buildings-(Show Codes Code Desc Year BIt Value Units Dims Condition (% Good) WAL6 B 8'CBS 1SID 2000 $1,326.00 0000059.000 0 x 0 x 0 PD(080.00) LCM2 LGHT C MER 2000 $5,760.00 0000006.000 0 x 0 x 0 PD(080.00) LNI1 LGHT INCD 2000 $90.00 0000001.000 0 x 0 x 0 PD(075.00) ASPH 7 WITH BASIN 2000 $64,529.00 0024078.000 0 x 0 x 0 PD(080.00) http://www.okeechobeepa.com/GIS/D_SearchResults.asp 8/17/2012 www.sunbiz.org- Department of State Page 1 of 3 FLORIDA DEPARTMENT OF STATE ,L * k: DIVISION OF CORPORATIONS Pniki Home Contact Us E-Filing Services Document Searches Forms Help Entity Name Search Submit Detail by Entity Name Foreign Profit Corporation MCDONALD'S CORPORATION Filing Information Document Number 842255 FEI/EIN Number 362361282 Date Filed 12/29/1978 State DE Status ACTIVE Last Event DROPPING DBA Event Date Filed 12109/1996 Event Effective Date NONE Principal Address ONE MCDONALD'S PLZ OAK BROOK IL 60523 US Changed 01/05/2006 Mailing Address P.O. BOX 66351 AMF O'HARE AIRPORT CHICAGO IL 60666 US Registered Agent Name & Address PRENTICE-HALL CORPORATION SYSTEM, INC. 1201 HAYES ST STE 105 TALLAHASSEE FL 32301 US Address Changed: 04/01/1994 Officer/Director Detail Name&Address Title CEO SKINER, JAMES ONE MCDONALD'S PLZ OAK BROOK IL 60523 Title P THOMPSON, DONALD ONE MCDONALD'S DR OAK BROOK IL 66523 Title V httn-//wvvw.sunbiz.org/scrints/cordet.exe?action—DETFIL&ina doc number=-842255&inu ... 8/5/2012 www.sunbiz.org- Department of State Page 2 of 3 COYNE, MARTIN ONE MCDONALD'S PLAZA OAK BROOK IL 60523 Title CFO BENSEN, PETER ONE MCDONALD'S PLAZA OAK BROOK IL 60523 Title S SANTONA,GLORIA ONE MCDONALD'S PLAZA OAK BROOK IL 60523 Title AS MILLER, MARCY ONE MCDONALD'S PLZ OAK BROOK IL 60523 Annual Reports Report Year Filed Date 2010 01/07/2010 2011 02/19/2011 2012 01/03/2012 Document Images View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format • _ View image in PDF format View image in PDF format " View image in PDF format ------------- View image in PDF format View image in PDF format View image in PDF format View image in PDF format — _ View image in PDF format Note: This is not official record. See documents if question or conflict. httn://www.sunbiz.ora/scripts/cordet.exe?action=DETFTL&inq doc number=842255&inq ... 8/5/2012 www.sunbiz.org- Department of State Page 3 of 3 Entity Name Search Submit I Home Low,,,,.: 1,1,s .s,-arches Seivices I and Pf 0; Fic,i Oa, DepaitmerA of State httn://www.sunbiz.ora/scrints/cordet.exe?action—DETHL&inq doe numb er=842255&i ncL... 8/5/2012 2012 FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#842255 Secretary of State Entity Name: MCDONALD'S CORPORATION Current Principal Place of Business: New Principal Place of Business: ONE MCDONALD'S PLZ OAK BROOK, IL 60523 US Current Mailing Address: New Mailing Address: P.O. BOX 66351 AMF O'HARE AIRPORT CHICAGO, IL 60666 US FEI Number:36-2361282 FEI Number Applied For( ) FEI Number Not Applicable( ) Certificate of Status Desired( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: PRENTICE-HALL CORPORATION SYSTEM, INC. 1201 HAYES ST STE 105 TALLAHASSEE, FL 32301 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: Title: CEO Name: SKINER,JAMES Address: ONE MCDONALD'S PLZ City-St-Zip: OAK BROOK,IL 60523 Title: P Name: THOMPSON,DONALD Address: ONE MCDONALD'S DR City-St-Zip: OAK BROOK,IL 66523 Title: V Name: COYNE,MARTIN Address: ONE MCDONALD'S PLAZA City-St-Zip: OAK BROOK,IL 60523 Title: CFO Name: BENSEN,PETER Address: ONE MCDONALD'S PLAZA City-St-Zip: OAK BROOK,IL 60523 Title: S Name: SANTONA,GLORIA Address: ONE MCDONALD'S PLAZA City-St-Zip: OAK BROOK,IL 60523 Title: AS Name: MILLER,MARCY Address: ONE MCDONALD'S PLZ City-St-Zip: OAK BROOK,IL 60523 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: MARCY MILLER AS 01/03/2012 Electronic Signature of Signing Officer or Director Date THIS ORDINANCE HAS NOT BEEN SUPPLEMENTED TO THE CODE PLEASE REFER TO THE LANGUAGE IN THIS ORDINANCE AS THE MOST RECENT AND CORRECT. ORDINANCE NO. 1094 AN ORDINANCE OF THE CITY OF OKEECHOBEE,FLORIDA AMENDING THE CODE OF ORDINANCES SECTIONS 90-572(a)(1) BY CHANGING THE METHOD FOR CALCULATING THE AMOUNT OF BUILDING SIGNAGE ALLOWABLE FOR BUILDINGS WITH A SINGLE BUSINESS OR OCCUPANT; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716,as amended,known as the Land Development Regulations within the City; and WHEREAS,the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and Land Development Regulations to address certain inconsistencies or outdated regulations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the Code a more consistent and easier to understand document;and WHEREAS,the City's Planning Board,acting as the Local Planning Agency,has reviewed the proposed amendments, at a duly advertised meeting held on September 20, 2012 and hereby recommends certain changes, amendments or modifications to the Code to present to the City Council for ordinance adoption; and WHEREAS,the City Council agrees with the Planning Board's recommendation and finds enacting such amendments to be in the best interest of its citizens of said City. NOW THEREFORE, the City Council for the City of Okeechobee, Florida, does herein approve, adopt and amend the City Code of Ordinances as follows: SECTION 1.Amendment and Adoption. That Chapter 90, ZONING,ARTICLE IV, Division 5, Signs,Section 90-572(a)(1), Code of Ordinances for the City of Okeechobee, Florida, are amended in the following respects: Sec. 90-572—Building Signs (a) Building signs for buildings with a single business or occupant; (1) The total area of all building signs for an enterprise shall not exceed One one (1) square foot of sign face area for each linear foot of property along the front of the lot. For the purpose of this section,the front of the lot is that side upon which the property is addressed. SECTION 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Language to be added is underlined Language to be deleted is struek-through Ordinance No. 1094 Page 1 of 2 SECTION 3.Severability. If any provision or portion of this ordinance is declared by a court of competent jurisdiction to be void,unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 16th day of October, 2012. James E. Kirk, Mayor 'ATTEST: 0 gin CvC Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and al Public Hearing this 13th day of .November, 2012. James E. Kirk, Mayor ATTEST: trLC �au�7 Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: te • 2z Jo n R. Cook, City Attorney Language to be added is underlined Language to be deleted is struck-through Ordinance No. 1094 Page 2 of 2 NOVEMBER 13,2012-REGULAR MEETING-PAGE 4 OF 8 AGENDA COUNCIL ACTION -DISCUSSION-VOTE VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION-Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING TO CONSIDER ORDINANCE ADOPTION AT 6:14 P.M. A. 1.a) Motion to read by title only proposed Ordinance No. 1094, Petition Council Member Watford moved to read by title only,proposed Ordinance No.1094,Petition No.12-007-TA,amending No. 12-007-TA, amending Section 90-572(a)(1), Building signs for Section 90-572(a)(1), Building signs for buildings with a single business or occupant;seconded by Council Member buildings with a single business or occupant-City Attorney(Exhibit Williams. 1). b) Vote on motion to read by title only. VOTE KIRK-YEA MAXWELL-YEA O'CONNOR-YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1094 by title only. Attorney Cook read proposed Ordinance No. 1094 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE,FLORIDA AMENDING THE CODE OF ORDINANCES SECTIONS 90-572(a)(1)BY CHANGING THE METHOD FOR CALCULATING THE AMOUNT OF BUILDING SIGNAGE ALLOWABLE FOR BUILDINGS WITH A SINGLE BUSINESS OR OCCUPANT;PROVIDING FOR FINDINGS OF FACT;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE," 2. a) Motion to adopt proposed Ordinance No. 1094. Council Member O'Connor moved to adopt proposed Ordinance No. 1094;seconded by Council Member Williams. b) Public discussion and comments. Mayor Kirk asked whether there were any questions or comments from the public.There were none.The amendment reflects these proposed changes:90-572(a)(1)The total area of all building signs for an enterprise shall not exceed One one(1)square foot of sign face area for each linear foot of property along the front of the lot.-thee-building width _ _ -`: :-- : -; :• :' ; --': -- ' ••: - - . For the purpose of this section,the front of the lot is that side upon which the property is addressed. This change is consistent with other provisions of the sign regulations and will be easier for Staff to administer.The Planning Board voted unanimously to recommend approval. Council Member Watford asked whether this would solve the signage problems at McDonalds,Administrator Whitehall responded yes. c) Vote on motion. VOTE KIRK-YEA MAXWELL-YEA O'CONNOR-YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. CLOSE THE PUBLIC HEARING-Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:17 P.M. Exhibit 1 Nov 13, 2012 ORDINANCE NO. 1094 C Lat -to Li 1u + 1 -'UL AN ORDINANCE OF THE CITY OF OKEECHOBEE,FLORIDA AMENDING THE CODE OF ORDINANCES SECTIONS 90-572(a)(1) BY CHANGING u (0gc j AMOUNT THE METHOD FOR CALCULATING THE SIGNAGE ALLOWABLE FOR BUILDINGS WITH A SINGLE BUSINESS Lte Ntioi X OR OCCUPANT; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716,as amended,known as the Land Development Regulations within the City; and WHEREAS,the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and Land Development Regulations to address certain inconsistencies or outdated regulations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development;and to create new ordinance or regulation to better serve the public and to make the Code a more consistent and easier to understand document;and WHEREAS,the City's Planning Board,acting as the Local Planning Agency,has reviewed the proposed amendments, at a duly advertised meeting held on September 20, 2012 and hereby recommends certain changes,amendments or modifications to the Code to present to the City Council for ordinance adoption; and WHEREAS,the City Council agrees with the Planning Board's recommendation and finds enacting such amendments to be in the best interest of its citizens of said City. NOW THEREFORE, the City Council for the City of Okeechobee, Florida, does herein approve, adopt and amend the City Code of Ordinances as follows: SECTION 1.Amendment and Adoption. That Chapter 90, ZONING,ARTICLE IV, Division 5, Signs, Section 90-572(a)(1), Code of Ordinances for the City of Okeechobee, Florida, are amended in the following respects: Sec.90-572—Building Signs (a) Building signs for buildings with a single business or occupant; (1) The total area of all building siqns for an enterprise shall not exceed ene one (1) square foot of sign face area for each linear foot of property along the front of the lot. is--56-square-feet.)For the purpose of this section,the front of the lot is that side upon which the property is addressed. SECTION 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Language to be added is underlined Language to be deleted is ti".,ayl. Ordinance No. 1094 Page 1 of 2 SECTION 3.Severability. If any provision or portion of this ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable,then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 4.Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this le day of October,2012. James E.Kirk, Mayor ATTEST: Lane Gamiotea,CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 13'" day of November,2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is strnckthrougfr Ordinance No. 1094 Page 2 of 2 Date: 8_14-j R , Petition No. Exhibit 2 partment Fee Paid: `ice,Go gir.4IIR Jurisdiction: j 3 C toom 101 1 Hearing: Cf-..a6-1a 2n' Hearing: rf:� =�-1-� r` 10_16-1R —, as 39974-2903 IPhone: (863) 763-3372, ext. 218 Publication Dates: _ / l -10-0 or _ Fax: (863) 763-1686 Notices Mailed: APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: McDonald's Corporation -Agent: Code Checkers, Inc., Susanne Wildner 2 Mailing address: P.O. Box 3211, Jupiter, FL 33469 3 E-mail address: info @codecheckers.com 4 Daytime phone(s): 561-743-8066 Do you own residential property within the City? ( ) Yes LXJ No 5 If yes, provide address(es) Do you own nonresidential property within the City? LXJ Yes ( ) No 6 If yes, provide address(es) 401 NE Park Street REQUEST INFORMATION Request is for: LXJ Text change to an existing section of the LDRs ( ) Addition of a permitted use ( ) Deletion of a permitted use 7 ( ) Addition of a special exception use ( ) Deletion of a special exception use ( ) Addition of an accessory use ( ) Deletion of an accessory use • Provide a detailed description of text changes to existing section(s) showing deletions in strikeout and additions in underline format. (This description may be provided on separate sheets if necessary.) ;.c. 90-57? - Building sa ns:, (a) Building signs for buildings with a single business or occupant; (1) One square foot of sign face area for each linear foot of the building width that faces the from a street or access drives (for example, if the width of the building facing the front-of-the-tot one street is 50 feet wide and building length facing an additional street is 100 feet,the maximum total sign face area for all building signs is 150 square feet.) 8 (2) No single building sign on any one side of a building shall exceed 60 square feet of sign face area, except that such size limit shall not apply to a building sign facing parallel to US 441 or SR 70 when the sign is located on a single-use building located on property fronting on US 441 or SR 70. (3) Where building signs are placed upon more than one side of the building, the combined sign face area, shall not exceed the amount permitted by subsection (a) above. Provide a detailed listing of use(s)to be added or deleted and the zoning district(s) and section(s) to be changed. (This description may be provided on separate sheets if necessary.) . t� N A 9 Ail a'���'z°.f� xr p� rtl4 ,�^.".x x Chi w l.a�;vt'�-Mt3/ "'�` .y�,�� 't� t �:n, � ..x�+U�.0 ,a-'�y`'s+rl:�,i i7 � r.,•. � F�c it S 4�+. `i �w �I1,P` ` '. - ..',I s+, ,�w '`4f: Yvtd: s5 lh�.nz aX.�� a h.v�-.i,� r�':-... .r'��..R�..*x-3.wEX b-.•. Non-refundable application fee of$500 1170• C K 4*. 3c).15. Note: Resolution No.98-11 Schedule of Land Development Regulation Fees and Charges - 1Q 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. Confirmation of Information Accuracy 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 punishabl 7 by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this applica"n. ature Printed Name Date ,4 /4 J4,54.NNE 1N ti-covera. m C.4,4-&-55 , 4l2at2- ccpE c.4C k 23 i c. — AtaEti1't" ■ c.00.3•44-ns For questions relating to this application packet, call General Services Dept. at(863)-763-3372, Ext. 218 4 LDR Amendment Application Page 2 of 3 Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to be changed. (This description may be provided on separate sheets if necessary.) 9 Sec.90-572(a)(1) REQUIRED ATTACHMENTS Non-refundable application fee of$500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges -When 10 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. For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 FINDINGS REQUIRED FOR GRANTING A CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16 as modified for a text amendment) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed request is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change and its likely effects: 1. Are not contrary to Comprehensive Plan requirements. N/A 2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s)affected. Text Amendment is Requested for Clarification of Specifically the Wall Sign Regulation for determining allowable area of signs on multi-street frontage lot with a narrow Building Street Front. 3. Will not have an adverse effect on the public interest. No. This Text change may help the public better identify businesses from a side street. 4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning districts affected,and is not contrary or detrimental to urbanizing land use patterns. Yes. This Text change is appropriate,reasonable&compatible. 5. Will not adversely affect property values or living conditions,or be a deterrent to the improvement or development of other properties in the zoning district(s) affected or nearby thereto. No. Text change will not adversely affect property values or living conditions,or be a deterrent to the improvement or development of other properties in the zoning district(s)affected or nearby thereto. 6. Can be suitably buffered from surrounding uses,so as to reduce the impact of any nuisance or hazard to the neighborhood. Text Change is only for business wall signs per code allowed now in Sec 90-572. 7. Will not create a density pattern that would overburden public facilities such as schools,streets,and utility services. N/A 8. Will not create traffic congestion,flooding or drainage problems,or otherwise affect public safety. N/A 9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions. Text Amendment should only clarify restriction. Sec.90-572 (a)(2) remains intact to limit maximum size of any building wall sign to 60 sq'. Amended Addition: 10. Your responses addressing the above findings should be as descriptive as possible. You should also make a case for your request by explaining why the existing regulation is inappropriate or inadequate,and why what you are proposing is appropriate not only for your particular interest but also for other property owners and the City as a whole. Attach additional pages as may be necessary to adequately make your case. The City will,in the Staff Report,address the request and evaluate it and your submission in light of the above criteria and the overall appropriateness of the request and offer a recommendation for approval, approval with changes,or denial. i[7 !i d c cFt. .___ that ., sorrt- . ef Ci n t gay,. a> :!°. o �_ i'f-g l e :,§, �51�. ?.. .T:sS)ctrf�;' . °�E74i. a&ih +e'sE��Ffsi .4eSo. for c`:S ��'� cE�� Li ._, ft_. °._ t: f ! a ! ..t .t t ![ r! e : '> J ;:rk - ; t [ A:. j ! i cii,L e " T �t...l..- � AC�1. � �.l..l ����Ad �,� t C';S ��.� v..� t... t _,E'd text.. 1!> . .. '-;: i i ,.t.r'..b .rci ;a' r sf i,.... . §)[ .§+; . this d .t ri', .l they t.h the that .1.7..?'._ .,c.at t.. :.?E... _w .h.c .,..af1 ., � .)_.i,-r k ld x 1 it tt A,t ii._T cnr1 bint. : area t ,uidF i ,, `4 � 1.c .._ t+?, scp.eat. . ':;<< r. ! <<.l..1 tin .!::! i t. I i`:'':)II a la ltct ,,'::' S `t`C, .. ..-,5 one ur ioot for,c 1Y two !Inc c rf :,'i:•Jt Hie sIT t `_i v,iI ., _ - , s iii; . ):i t rr. . _ ., it. ;.Ittte Lfibel r o t;k *McDonald's 401 Park Street Zoning Review COMMENTS: (As originally proposed) there would be four signs, not counting the existing pole sign. Proposed Max. area of all building Location of Sign signs allowed (sf) signs(sf) [§90-572(a)(1)& (3)] 1. "McDonald's" on roof on front 39.5 of building 2. "M" on front wall 14.0 3. "McDonald's" on roof on west side of building(drive-thru 39.5 side) 4. "M" on east side wall(non- 14.0 drive thru side) TOTAL 107 49 Street Frontages Max. total area of all signs, SR 70: 144'; (one pole or ground sign and NE 4th Av: 300' all building signs) [§90- NE 5th Av: 150' 573(a)] [144 +(t/2 of 150)+( 1/2 of 300)=13691 Comment: Only 49 square feet of building signs are allowed. The proposal contemplated 107 square feet. rot t t) I,.t'l,'st.?!.. ci �. .. 's.. .. 90.-577 1 Riff rft.: (a) Building signs for buildings with a single business or occupant; (1) One square foot of sign face area for each linear foot of the building width that faces the front of the lot (for example,if the width of the building facing the front of the lot is 50 feet wide,the maximum total sign face area for all building signs is 50 square feet). (2) No single building sign on any one side of a building shall exceed 60 square feet of sign face area, except that such size limit shall not apply to a building sign facing parallel to US 441 or SR 70 when the sign is located on a single-use building located on property fronting on US 441 or SR 70. (3) Where building signs are placed upon more than one side of the building,the combined sign face area, shall not exceed the amount permitted by subsection(a)above. [Note, this reference should be to subsection (1), not (a)} The following limitations shall apply to the number and type of all signs except temporary signs, and building signs covered under sections 90-570 and 90-572, respectively. (a) Total number of all signs. Only the following number and types of signs and advertising devices shall be located on any lot or parcel at any one time,subject to the following conditions: (1) Ground signs and pole signs (permit required). One ground sign or pole sign is allowed in the front yard, and such sign shall not exceed 50 square feet in sign area and 20 feet in height, and shall not be closer than 25 feet to a residential district. (2) Inflatable wind signs,search lights, and spot lights(permit required). Not more than one inflatable wind sign or search light or spot light shall be permitted on a single lot or parcel. Inflatable wind signs, search lights, and spot lights shall be permitted only within the commercial and industrial zoning districts and only under the following conditions: a. Issuance of a sign permit shall be required; b. No such inflatable wind sign,search light,or spot light shall be displayed on the same property more than two times per year and no period of display shall exceed 14 total days; and, c. No such inflatable wind sign,search light,or spot light shall be placed on the public right-of-way. (3) Other signs such as portable signs, banners, and non-inflatable wind signs(no permit required). a. On lots with one single-occupancy building, not more than a total of three such signs shall be allowed on a single lot or parcel and only under the following conditions: 1. The total area of such signs shall not exceed 48 square feet. 2. The maximum size of any banner shall be sixteen square feet in area and eight feet in height. b. On lots with multiple buildings or a multiple occupancy building, one portable sign, banner, or noninflatable wind sign is allowed for each unit within the building(s)and such sign, banner,or noninflatable wind sign shall not exceed sixteen square feet in area or eight feet in height. (b) Total area of all signs. The combined sign area of building signs,ground signs and pole signs is limited to one square foot for each linear foot of property on a frontage street, plus one square foot for each two linear feet of property on side streets. In addition the total area of other signs identified in subsection (a)(3), above, shall not exceed 48 square feet. 7 , lv , ,, `� SS _'?. t `E _ _.. ,C'Icd \��: ��.,1�.. iU`14, RE: McDONALD'S RESTAURANTS State of Florida—All State and Local jurisdictions Ref: 2012 Major Remodel &New Projects OMNIBUS AGENT AUTHORIZATION FOR CODE CHECKERS, INC. KNOW ALL MEN BY THESE PRESENTS: That TIM CHESS, Area Construction Manager for McDonald's Corporation, a Delaware corporation, whose principal place of business is One McDonalds Plaza, Oak Brook, Illinois, 60523, and duly authorized agent/employee and attorney in fact of the corporation, does hereby authorize and appoint Y.vv, s ";+•..•m=N; and/or SUSANNE WILDNER of CODE CHECKERS, INC., to act on his behalf and as agent for McDONALD'S CORPORATION as follows: (1) To submit and procure all permits, plan review, land use approvals, special conditions, conditional use, variances, and development orders for the construction, re- construction and development of McDonald's restaurant sites throughout the State Of Florida. (2) To sign all papers, execute under oath and do all things necessary, appropriate or incidental to the procurement of the foregoing land use and development review and approval. This authorization will stay in effect for one year after the date signed below unless terminated in writing at an earlier date. All permitting authorities, local and regional governments, utilities, and all persons or entities presented herewith may on this written authorizplan, and any copies and facsimiles hereof. CODE CHECKERS is authorized to tailor this au ftonzation for a specific permitting agency by adding project specific information above. TIM CHESS, Area Construction Manager McDonald's Corporation STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me, the undersigned authority, this J( day of '#'ts3, 2012, by TIM CHESS, Area Construction Manager of MCDONALD's CORPORATION, wh__o___is__oetsonally known to me or has produced. as identification. t NOTARY PW3UC4TATR OF FLORIDA NOT '� '�N;LIC/STATE OFF ORIDA """4.s Jonathan M. Pules _Commission#DD867605• Print Namencor» e�,. '.4 c u.�� ��., 'Expires: APR.05,2013 My Commission expires: APR._ e)5f. 2r:4.3 Dorn' "'x""T'"xr'c BONDING CO..nac RE: McDONALD'S RESTAURANTS State of Florida-All State and Local jurisdictions Ref: 2012 Major Remodel & New Projects OMNIBUS AGENT AUTHORIZATION FOR CODE CHECKERS, INC. KNOW ALL MEN BY THESE PRESENTS: That TIM CHESS, Area Construction Manager for McDonald's Corporation, a Delaware corporation, whose principal place of business is One McDonalds Plaza, Oak Brook, Illinois, 60523, and duly authorized agent/employee and attorney in fact of the corporation, does hereby authorize and appoint J. MARK PAULES and/or 3316101=0411201100R of CODE CHECKERS, INC., to act on his behalf and as agent for McDONALD'S CORPORATION as follows: (1) To submit and procure all permits, plan review, land use approvals, special conditions, conditional use, variances, and development orders for the construction, re- construction and development of McDonald's restaurant sites throughout the State Of Florida. (2) To sign all papers, execute under oath and do all things necessary, appropriate or incidental to the procurement of the foregoing land use and development review and approval. This authorization will stay in effect for one year after the date signed below unless terminated in writing at an earlier date. All permitting authorities, local and regional governments, utilities, and all persons or entities presented herewith may on this written authorization, and any copies and facsimiles hereof. CODE CHECKERS is authorized to tailor this au T ation for a specific permitting agency by adding project specific information above. TIM CHESS, Area Construction Manager McDonald's Corporation STATE OF FLORIDA COUNTY OF The foregoing i,strument was acknowledged before me, the undersigned authority, this ti c, day of/-izu..s,2.,/. , 2012, by TIM CHESS, Area Construction Manager of MCDONAI2's CORPORATION, who is personally known to me or has produced. as identification. NOTARY P ESLIC/STATE OF F ORIDA NOTARY PUBLTC-STATEOFFLORIDA �j Susanne M. Wildner Print Name: 3 ,s2lN u vV 1.L.r>•00"1- oz:z Commission#DD788514 My Commission expires: -y' -y4 o tz Expires: JULY 17,2012 BONDED THRD ATLANTIC BONDING CO.,INC. • POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That I, CATHERINE A. GRIFFIN, Vice President of McDonald's Corporation, a Delaware corporation, whose principal place of business is One McDonald's Plaza, Oak Brook, Illinois 60523, being desirous of appointing an attorney-in-fact to act on behalf of the corporation, do hereby nominate, constitute and appoint Michael Matta, Development Director, Tim Chess, Area Construction Manager. Rosangela DeMello, Area Construction Manager, Ramon Santos, Area Construction Manager, Stephanie Tyrrell, Area Construction Manager, Jose Villar. Area Construction Manager; Pia Viphuthanond, Area Construction Manager members of the McDonald's Real Estate and Construction Department at its regional office location at 10150 Highland Manor Drive, Suite 470, Tampa, Florida 33610, as true and lawful attorney-in-fact with the following powers for and on behalf of McDonald's USA, LLC, a Delaware limited liability company regarding the following: 1. To prepare, file, execute and otherwise prosecute any and all types of applications for rezoning, special use permits, subdivisions, variances and any other land use matter necessary for the construction and development of McDonald's restaurants located in the State of Florida. 2. To appear before administrative and legislative bodies, to present testimony to such bodies and to otherwise represent McDonald's USA, LLC, a Delaware limited liability company in zoning and other land use hearings in cities, municipalities and counties located in the State of Florida. 3. To do any other act on behalf of McDonald's USA, LLC, a Delaware limited liability company with regard to land use applications and procedures involved in the construction and development of McDonald's restaurants in the State of Florida. 4. To exercise all powers and to do all acts on behalf of McDonald's USA, LLC, a Delaware limited liability company deemed by said attorney-in-fact to be incidental to, or necessary or appropriate to carry into full effect the foregoing powers, hereby ratifying and confirming all that said attorney can lawfully do or cause to be done buy virtue hereof. This power of attorney shall remain in full force and effect until revoked by me provided further that said revocation shall be of no effect in respect to parties acting or things done in reliance herein prior to the actual receipt by them of written notice of said revocation. This power of attorney shall terminate one(1)year from the date hereof unless sooner revoked by me. In witness whereof, I have executed this agreement this 2 day of February. 2012. ATTEST: McDONALD'S CORPORATION, a Delaware corporation Au a £- t Ruth A. Schoenmeyer, Senior Counsel Catherine A. Griffin,Vice—Prokident STATE OF ILLINOIS } COUNTY OF DUPAGE } ss. I Gwen E. Nakutis, a Notary Public in and for the said county and state aforesaid, DO HEREBY CERTIFY that Catherine A. Griffin, Vice President and Ruth A. Schoenmeyer, Senior Counsel of McDonald's Corporation who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this 2 day of February, 2012. OFFICIAL SEAL GWEN E NAKUTIS 04".4- • ' My commission expires 0410 1'4puauc-STATE OF ILLINOIS Gwen E. Nakutis, Notary Public MY COMMISSION EXPIRES:04/18114 C:\Documents and Settings\mc10563\Application Data\Hummingbird\DM\Temp\CORPLEGAL-#1031 •-vi- a u is Power_of_Attorney_doc McDONALD'S CORPORATION CERTIFICATE OF SECRETARY I, Gloria Santona, as an officer of McDonald's Corporation, a corporation organized and existing under the laws of the State of Delaware, United States of America (the "Company"),hereby certify as follows,as of the date hereof: I. I am the duly appointed, qualified and acting Corporate Executive Vice President, General Counsel and Secretary of•the Company, 2. -Catherine A. Griffin is the duly appointed, qualified and acting Corporate 'Vice President — Deputy General Counsel and Assistant Secretary of the Company, and, as such, is vested with and maintains the powers and responsibilities incident thereto, as authorized by the Delaware General Corporation Law, the Company's Restated • Certificate of Incorporation, and the Company's Amended and Restated • By-Laws. • • 3. The signature opposite Catherine A. Griffin's name below is her genuine signature: _. • Catherine A. Griffin `_1_\ IN WITNESS WHEREOF, I have hereunto set my hand on this 2.3-\ day o ii A. 2007. McDONALD'S CORPORATION %su-f\k, • . Gloria Santona Corporate Executive Vice President,General . - Counsel and Secretary • • • • • • • • Document it 403240-v1 ,., , 1.'-'"''''''....7r f:—' '- , 7-4T,M7741g-17,7-- -- -- 7",•-t.ittv,"IkvINF:1-1,:' ' , -7,-77Ailvirr .7.„.7. - -'.; al „.„, iffirirAMPAPP4Otriehib ' I' 19 1115h- LI. IA ” 71 "..1`..* - - ilk 0 '., ''i',' --.. . ...:-., . , ., , ,,..' va IP - 7 *----,. -- -ie- - (S% 14 l 6 , !.,.: Itti .41F-110" * 4( 11101. r willitordritel Staff Report Request for Text Amendment to the Land Development Regulations Prepared for: The City of Okeechobee Applicant: McDonald's Corporation Petition No.: 12-001-TA 1,,,it Li a Planning & Management Services, Inc, ;.• ...',.dr.s. 1375 Ja,ks....Street,Suite 206 Fart Alyers,fk)ritla 239-33 t 3366 Serving Florida Local Governments Since 1988 INDEPENDENT NEWSPAPERS OKEECHOBEE NEWS 107 S.W.17th Street,Suite ll,Okeechobee,FL 34974 (863)763-3134 J 114 STATE OF FLORIDA 0.0 4O C.710- COUNTY OF OKEECHOBEE 1 l-6-0 Before the undersigned authority personally flcd pt IICL appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in • Okeechobee County, Florida, that the attached copy of advertisement being a_. j-4 4... in the matter of .._t. _ tom PUBLIC NOTICE in the 19th Judicial District of the Circuit Court of CONSIDERATION OF ADOPTING Okeechobee County, Florida, was published in said • PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, `J 1' Florida will on Tuesday,November 13,2012 at 6:00 p.m.or as soon there- after possible,at City Hall,55 SE 3rd Ave.,Okeechobee,FL,conduct a PUB- newspaper in the issues of LIC HEARING to consider final reading for adoption of the following Ordinance into law: No. 1094: AN ORDINANCE OF THE CITY OF OKEECHOBEE,FLORIDA AMENDING THE CODE OF ORDINANCES I ( 'a- (J EATING THEaAMOUNTI>OF BUILDING S GNAGE AL OWAB E FOR BUIDINGS WITH A SINGLE BUSINESS OR OCCUPANT;PROVID- ING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY;� Affiant further says that the said Okeechobee News AND PROVIDING FOR AN EFFECTIVE DATE. M members of the public are encouraged to attend and participate in said is a newspaper published at Okeechobee, in said > Hearing.The proposed ordinance may be inspected in its entirety by mem- I' hers of the public at the Office of the City Cork during normal business hours,Mon-Fri,8:00 AM-4:30 PM,except for holidays. Okeechobee County, Florida, and that said newspaper PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting.Accordingly, has heretofore been � ublished continuously in said any person who may seek to appeal any decision involving the matters no- ticed y ticed herein will be responsible for making a verbatim record of the testimo- Okeechobee County, Florida each week and has been ny and evidence at said meeting upon which any appeal is to be based. , Please contact City Administration at 863-763-3372,or website atyofokee- chobee.com,to obtain a copy of the agenda. entered as second class mail matter at the post office in In accordance with the Americans with Disabilities Act(ADA)of 1990 per- sons needing special accommodation to participate in this proceeding Okeechobee, in said Okeechobee County, Florida, for should contact the City Clerk's Office at 863-763-3372 for assistance. `J by:James E.Kirk,Mayor period of one year next preceding the first publication 429Lane o hots',MC,City Clerk 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 advertiseme r publication in the said newspaper. _.._....._.._._ ._�'�` '"�.'.=--- ---�.._....___ __........................_____._..........._....._ ___...Tom.Byrd. . Sworn to and subscribed before me this � J (J, :r� Gam-2'.)C l(}-AD __day of 10— .._.__. Notary Public, State of Florida at Large Z LI 1 c L si*ti : ANGIE BRIDGES +: (to r- MY COMMISSION#EE 177653 EXPIRES:April 20 2016 %4',p�4'` Banded T YU Notary Public Underwriters Lane Gamiotea Citt 1691t From: Melisa Jahner <mjahner @cityofokeechobee.com> Sent: Tuesday, November 13, 2012 12:11 PM To: Bill Brisson Cc: Lane Gamiotea Subject: City Council agenda and exhibit Attachments: exhibit.pdf; Nov 13 2012.pdf «...» «...» Melisa Jahner, CMC Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 863-763-3372 ext. 215 863-763-1686 (fax) Notice: Any Electronic Data Sent Or Received through This E-Mail Address is Public Record and Governed By: the State of Florida, Public Records Law. 1 F�1 e Q R.d- 10 4 Lane Gamiotea From: Melisa Jahner <mjahner @cityofokeechobee.com> Sent: Tuesday, November 13, 2012 1:25 PM To: info @codecheckers.com Cc: Lane Gamiotea Subject: City of Okeechobee City Council Agenda and Exhibit Attachments: Nov 13 2012.pdf; exhibit.pdf Good Afternoon Ms. Wildner, Attached you'll find the agenda and the exhibit for your convenience, regarding the building signs . Should you have any questions, please contact me. «...» «...» Melisa Jahner, CMC Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 863-763-3372 ext. 215 863-763-1686 (fax) Notice: Any Electronic Data Sent Or Received through This E-Mail Address is Public Record and Governed By: the State of Florida, Public Records Law. 1 f7q5' OCTOBER 16,2012-REGULAR MEETING-PAGE 13 OF 17 AGENDA COUNCIL ACTION-DISCUSSION-VOTE VIII. PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED. ow Discussion regarding additional instructions due to proposed The Council then turned the discussion to the properties that were addressed in proposed Ordinance No. 1092,the Ordinance No. 1093 being voted down continued. FLU changes, as these need to have their rezonings considered. Council instructed Staff to prepare a new ordinance, necessary advertisements and notifications to address the five properties, Map ID No. 12b, 12c, 13a, 17 and 18, and set it for first reading at either the November 13 or December 4 meeting, keeping the January 15,2013,final hearing date. CLOSE THE PUBLIC HEARING-Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR FIRST READING OF ORDINANCES AT 8:04 P.M. IX. NEW BUSINESS CONTINUED. B. 1.a) Motion to read by title only proposed Ordinance No. 1094 and set Council Member Watford moved to read by title only, proposed Ordinance No. 1094 and set November 13,2012,as November 13, 2012 as a final public hearing date, LDR a final public hearing date, LDR Amendments; seconded by Council Member O'Connor. Amendments-City Planning Consultant(Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK-YEA MAXWELL-YEA O'CONNOR-YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1094 by title only. Attorney Cook read proposed Ordinance No. 1094 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE,FLORIDA AMENDING THE CODE OF ORDINANCES SECTIONS 90-572(a)(1)BY CHANGING THE METHOD FOR CALCULATING THE AMOUNT OF BUILDING SIGNAGE ALLOWABLE FOR BUILDINGS WITH A SINGLE BUSINESS OR OCCUPANT;PROVIDING FOR FINDINGS OF FACT;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE" 2. a) Motion to approve the first reading of proposed Ordinance No. Council Member O'Connor moved to approve the first reading of proposed Ordinance No.1094;seconded by Council 1094. Member Watford. b) Discussion. Planner Brisson provided the purpose for the changes to the sign regulations, as initiated by McDonalds. The amendment reflects: 90-572(a)(1)The total area of all building signs for an enterprise shall not exceed One one(1) square foot of sign face area for each linear foot of property along the front of the lot. -- e.` ;'-; • -; - -- - :'-: ':-- .- : -:,; - -- . For the purpose of this section,the front of the lot is that side upon which the property is addressed. This change is consistent with other provisions of the sign regulations and will be easier for Staff to administer. The Planning Board voted unanimously to recommend approval. '744 OCTOBER 16,2012-REGULAR MEETING-PAGE 14 OF 17 AGENDA COUNCIL ACTION-DISCUSSION-VOTE IX. NEW BUSINESS CONTINUED. B. 2.c) Vote on motion for proposed Ordinance No. 1094. VOTE KIRK-YEA MAXWELL-YEA O'CONNOR-YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. C. Motion to adopt proposed Resolution No. 12-09, City Government Council Member O'Connor moved to adopt proposed Resolution No. 12-09, City Government Week; seconded by Week-City Clerk(Exhibit 5). Council Member Watford. There was a brief discussion on this item. Attorney Cook read proposed Resolution No. 12-09 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE,FLORIDA RECOGNIZING CITY GOVERNMENT WEEK,OCTOBER 21 THROUGH 27,2012,AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES; PROVIDING FOR AN EFFECTIVE DATE." VOTE KIRK-YEA MAXWELL-YEA O'CONNOR-YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. D. Motion to adopt proposed Resolution No. 12-10, Construction Council Member Watford moved to adopt proposed Resolution No. 12-10, Construction Agreement with Florida Agreement with FDOT-City Administrator (Exhibit 6). Department of Transportation (relating to CDBG-ED No. 12DB-OH-07-57-02-E08,constructing turn lanes on North Park Street, a/k/a State Road 70 East, between Southeast 10t to 13th Avenues); seconded by Council Member Williams. There was a brief discussion on this item. Attorney Cook read proposed Resolution No. 12-10 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING THE CONSTRUCTION AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENTS;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE." VOTE KIRK-YEA MAXWELL-YEA O'CONNOR-YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. E. Motion to adopt proposed Resolution No. 12-11, regarding Council Member Watford moved to adopt proposed Resolution No. 12-11 regarding Amendment 4; seconded by Amendment 4-City Administrator(Exhibit 7). Council Member O'Connor. There was a lengthy discussion on this item,with Council Member Maxwell noting his concerns and objections to its adoption. Foie : 4)440,610/7mcw &Axe wan- We Exhibit 4 tftr&tv4 Ord iogii ORDINANCE NO. 1094 OCt 16, 2012 6tc4le.6141)0 AN ORDINANCE OF THE CITY OF OKEECHOBEE,FLORIDA AMENDING THE CODE OF ORDINANCES SECTIONS 90-572(a)(1) BY CHANGING THE METHOD FOR CALCULATING THE AMOUNT OF BUILDING SIGNAGE ALLOWABLE FOR BUILDINGS WITH A SINGLE BUSINESS OR OCCUPANT; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716,as amended,known as the Land Development Regulations within the City; and WHEREAS,the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and Land Development Regulations to address certain inconsistencies or outdated regulations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development;and to create new ordinance or regulation to better serve the public and to make the Code a more consistent and easier to understand document;and WHEREAS,the City's Planning Board,acting as the Local Planning Agency,has reviewed the proposed amendments, at a duly advertised meeting held on September 20, 2012 and hereby recommends certain changes,amendments or modifications to the Code to present to the City Council for ordinance adoption; and WHEREAS,the City Council agrees with the Planning Board's recommendation and finds enacting such amendments to be in the best interest of its citizens of said City. NOW THEREFORE, the City Council for the City of Okeechobee, Florida, does herein approve, adopt and amend the City Code of Ordinances as follows: SECTION 1.Amendment and Adoption. That Chapter 90, ZONING,ARTICLE IV, Division 5, Signs, Section 90-572(a)(1), Code of Ordinances for the City of Okeechobee, Florida, are amended in the following respects: Sec. 90-572—Building Signs (a) Building signs for buildings with a single business or occupant; (1) The total area of all building signs for an enterprise shall not exceed 6rte one (1) square foot of sign face area for each linear foot of property along the front of the lot. ..• • : ..': - - --- - - : met.)For the purpose of this section,the front of the lot is that side upon which the property is addressed. SECTION 2.Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Language to be added is underlined Language to be deleted Is strv,kthroagtr Ordinance No. 1094 Page 1 of 2 SECTION 3. Severability. If any provision or portion of this ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 16"' day of October,2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC,City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 13"' day of November,2012. James E.Kirk, Mayor ATTEST: Lane Gamiotea, CMC,City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is struck-through Ordinance No. 1094 Page 2 of 2 ty of Okeechobee Date: 8_j►+_j a Petition No. - eneral Services Department Fee Paid: v c,co $I141,2 Jurisdiction: pj3 C L_:_ 3 S.E. 3`d Avenue, Room 101 1st Hearing: q. .c-!a 2"d Hearing: /0-/6-!a tkeechobee, Florida 39974-2903 'hone: (863) 763-3372, ext. 218 Publication Dates: 'ax: (863) 763-1686 Notices Mailed: I I-134 APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: McDonald's Corporation —Agent: Code Checkers, Inc., Susanne Wildner 2 Mailing address: P.O. Box 3211, Jupiter, FL 33469 3 E-mail address: info @codecheckers.com 4 Daytime phone(s): 561-743-8066 Do you own residential property within the City? ( ) Yes LXJ No 5 If yes, provide address(es) Do you own nonresidential property within the City? LXJ Yes ( ) No 6 If yes, provide address(es) 401 NE Park Street REQUEST INFORMATION Request is for: LX_) Text change to an existing section of the LDRs ( )Addition of a permitted use ( ) Deletion of a permitted use 7 ( )Addition of a special exception use ( ) Deletion of a special exception use ( ) Addition of an accessory use ( ) Deletion of an accessory use • Provide a detailed description of text changes to existing section(s) showing deletions in strikeout and additions in underline format. (This description may be provided on separate sheets if necessary.) (a) Building signs for buildings with a single business or occupant; (1) One square foot of sign face area for each linear foot of the building width that faces the front-of-the-lot a street or access drives (for example, if the width of the building facing the front-of-the-lot one street is 50 feet wide and building length facing an additional street is 100 feet,the maximum total sign face area for all building signs is 150 square feet.) 8 (2) No single building sign on any one side of a building shall exceed 60 square feet of sign face area, except that such size limit shall not apply to a building sign facing parallel to US 441 or SR 70 when the sign is located on a single-use building located on property fronting on US 441 or SR 70. (3) Where building signs are placed upon more than one side of the building, the combined sign face area, shall not exceed the amount permitted by subsection (a) above. Provide a detailed listing of use(s)to be added or deleted and the zoning district(s) and section(s)to be changed. (This description may be provided on separate sheets if necessary.) . � N q 9 Non-refundable application fee of$500 'Pa. c K 3915 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges - 10 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. Confirmation of Information Accuracy 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 punishabi- by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this applica '-fin. e Printed Name Da `_ ' Date 6cA,64 4Ase�V 14-0A,02.7fiai G44L^55 ”4l2cAr2- G cspE G.14£- 1c b25., I NG A 6EArr c.bwv4cz For questions relating to this application packet, call General Services Dept. at(863)-763-3372, Ext. 218 4 LDR Amendment Application Page 2 of FINDINGS REQUIRED FOR GRANTING A CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16 as modified for a text amendment) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed request is justified. Specifically, the Applicant should provide in his/her application and presentatil sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change and its likely effects: 1. Are not contrary to Comprehensive Plan requirements. N/A 2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s)affected. Text Amendment is Requested for Clarification of Specifically the Wall Sign Regulation for determining allowable area of signs on multi-street frontage lot wil a narrow Building Street Front. 3. Will not have an adverse effect on the public interest. No. This Text change may help the public better identify businesses from a side street. 4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning districts affected,and is not contrary or detrimental to urbanizing land use patterns. Yes. This Text change is appropriate,reasonable&compatible. 5. Will not adversely affect property values or living conditions,or be a deterrent to the improvement or development of other properties in the zoning district(s)affected or nearby thereto. No. Text change will not adversely affect property values or living conditions,or be a deterrent to the improvement or development of other properties in the zoning district(s)affected or nearby thereto. 6. Can be suitably buffered from surrounding uses,so as to reduce the impact of any nuisance or hazard to the neighborhood. Text Change is only for business wall signs per code allowed now in Sec 90-572. 7. Will not create a density pattern that would overburden public facilities such as schools,streets,and utility services. N/A 8. Will not create traffic congestion,flooding or drainage problems,or otherwise affect public safety. N/A 9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions. Text Amendment should only clarify restriction. Sec.90-572 (a)(2)remains intact to limit maximum size of any building wall sign to 60 sq'. Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to be changed. (This description may be provided on separate sheets if necessary.) Sec.90-572(a)(1) REQUIRED ATTACHMENTS Non-refundable application fee of$500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges -When 0 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. =ar questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 " 0(4 th3013 The Updates!The from the City Administrator's Desk 55 SE 3rd Av., Okeechobee, FL 34974 ° 7916° City Council meeting of Oct 16, 2012 • Colton Brown and Matthew Saucier on Agenda for recognition for achieving Eagle Scout. You recall Mr. Colton's project was all the benches in Flagler Park...he did a remarkably great job with this! • CDBG Housing rehab project bids—On the Agenda is the award of bids opened 9/19/12 for the grant funded housing rehab project. The comprehensive exhibit describes the consultant's (Nancy Phillips & Assoc) recommendation, the improvements for each project along with a bid tab. Budget summary: $560k-housing rehab; $105k admin; $35k occupant relocations. • Legislation — Constitution Amendment 4 ballot question. On the Agenda is a proposed Resolution addressing the Constitutional Amendment 4 as proposed by the FL Leag of Cities. The Resolution points out several issues but in the end simply"urges its residents to carefully consider the potential adverse consequences" of the November ballot question. • Main Street Beautification grant— I placed in your box (and if not picked up, now enclosed in your packet) excerpts from the grant application that the City advocated as the last Council meeting. • Street closings on the Agenda as reflected in Exhibits 7 — 9. Building Dept/ General Services: • Zoning and Future Land Use map conflicts— Ord's 1092 & 1093 on the Agenda reflect the Planning Board recommendations to the conflicts. Enclosed in the packets for supporting info is the memo directed to the Planning Board from LaRue's Brisson along with the September 20 Board minutes. • McDonald's sign regulation amendment request (Ord 1094 on the Agenda) — Some time ago, I referred to the request from McDonald's for a more liberal signage provision so as to allow adequate side street signage. Currently the Code provides for `building signs' as 1 sq' for each linear foot of the building facing the front of the lot. McDonald's claims that's too restrictive and is requesting 1 sq' for the building facing any street, giving them credit for the side street. Bill and I both agree that the 'perfect sign ordinance' may be a bit restrictive and there is much data included in the Staff report, but in the end the Planning Bd agreed w/ Brisson's proposal of simply identifying the limitation based on the very quantifiable lot size, with the restriction being 1 sq ft of building signage for each 1 linear foot of frontage property line. In McDonalds' case the end result signage is about the same as their request. Page 1 Amended Addition: 10. Your responses addressing the above findings should be as descriptive as possible. You should also make a case for your request by explaining why the existing regulation is inappropriate or inadequate,and why what you are proposing is appropriate not only for your particular interest but also for other property owners and the City as a whole. Attach additional pages as may be necessary to adequately make your case. The City will,in the Staff Report, address the request and evaluate it and your submission in light of the above criteria and the overall appropriateness of the request and offer a recommendation for approval,approval with changes,or denial. *McDonald's 401 Park Street Zoning Review COMMENTS: (As originally proposed) there would be four signs, not counting the existing pole sign. Proposed Max. area of all building Location of Sign signs allowed (sf) signs(sf) [§90-572(a)(1) & (3)] 1. "McDonald's" on roof on front 39.5 of building 2. "M" on front wall 14.0 3. "McDonald's" on roof on west side of building (drive-thru 39.5 side) 4. "M" on east side wall(non- 14.0 drive thru side) TOTAL 107 49 Street Frontages Max. total area of all signs, SR 70: 144'; (one pole or ground sign and NE 4th Av: 300' all building signs) [§90- NE 5th Av: 150' 573(a)] [144 +(Y2 of 150)+( '/2 of 300)=13691 Comment: Only 49 square feet of building signs are allowed. The proposal contemplated 107 square feet. (a) Building signs for buildings with a single business or occupant; (1) One square foot of sign face area for each linear foot of the building width that faces the front of the lot (for example, if the width of the building facing the front of the lot is 50 feet wide,the maximum total sign face area for all building signs is 50 square feet). (2) No single building sign on any one side of a building shall exceed 60 square feet of sign face area, except that such size limit shall not apply to a building sign facing parallel to US 441 or SR 70 when the sign is located on a single-use building located on property fronting on US 441 or SR 70. (3) Where building signs are placed upon more than one side of the building,the combined sign face area,shall not exceed the amount permitted by subsection(a)above. [Note, this reference should be to subsection. (1), not(a)] The following limitations shall apply to the number and type of all signs except temporary signs, and building signs covered under sections 90-570 and 90-572, respectively. (a) Total number of all signs. Only the following number and types of signs and advertising devices shall be located on any lot or parcel at any one time,subject to the following conditions: (1) Ground signs and pole signs (permit required). One ground sign or pole sign is allowed in the front yard, and such sign shall not exceed 50 square feet in sign area and 20 feet in height, and shall not be closer than 25 feet to a residential district. (2) Inflatable wind signs,search lights, and spot lights(permit required). Not more than one inflatable wind sign or search light or spot light shall be permitted on a single lot or parcel. Inflatable wind signs, search lights, and spot lights shall be permitted only within the commercial and industrial zoning districts and only under the following conditions: a. Issuance of a sign permit shall be required; b. No such inflatable wind sign,search light, or spot light shall be displayed on the same property more than two times per year and no period of display shall exceed 14 total days; and, c. No such inflatable wind sign,search light,or spot light shall be placed on the public right-of-way. (3) Other signs such as portable signs, banners, and non-inflatable wind signs(no permit required). a. On lots with one single-occupancy building, not more than a total of three such signs shall be allowed on a single lot or parcel and only under the following conditions: 1. The total area of such signs shall not exceed 48 square feet. 2. The maximum size of any banner shall be sixteen square feet in area and eight feet in height. b. On lots with multiple buildings or a multiple occupancy building,one portable sign, banner,or noninflatable wind sign is allowed for each unit within the building(s)and such sign, banner,or noninflatable wind sign shall not exceed sixteen square feet in area or eight feet in height. (b) Total area of all signs. The combined sign area of building signs,ground signs and pole signs is limited to one square foot for each linear foot of property on a frontage street, plus one square foot for each two linear feet of property on side streets. In addition the total area of other signs identified in subsection (a)(3), above,shall not exceed 48 square feet. m p e u l e s ' RE: McDONALD'S RESTAURANTS State of Florida—All State and Local jurisdictions Ref: 2012 Major Remodel & New Projects OMNIBUS AGENT AUTHORIZATION FOR CODE CHECKERS, INC. KNOW ALL MEN BY THESE PRESENTS: That TIM CHESS, Area Construction Manager for McDonald's Corporation, a Delaware corporation, whose principal place of business is One McDonalds Plaza, Oak Brook, Illinois, 60523, and duly authorized agent/employee and attorney in fact of the corporation, does hereby authorize and appoint 3SZIRIMBEidAliSS and/or SUSANNE WILDNER of CODE CHECKERS, INC., to act on his behalf and as agent for McDONALD'S CORPORATION as follows: (1) To submit and procure all permits, plan review, land use approvals, special conditions, conditional use, variances, and development orders for the construction, re- construction and development of McDonald's restaurant sites throughout the State Of Florida. (2) To sign all papers, execute under oath and do all things necessary, appropriate or incidental to the procurement of the foregoing land use and development review and approval. This authorization will stay in effect for one year after the date signed below unless terminated in writing at an earlier date. All permitting authorities, local and regional governments, utilities, and all persons or entities presented herewith may on this written authoriz 'on, and any copies and facsimiles hereof. CODE CHECKERS is authorized to tailor this au orization for a specific permitting agency by adding project specific information above. TIM CHESS, Area Construction Manager McDonald's Corporation STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me, the undersigned authority, this /4, day of9e$Egkire3, 2012, by TIM CHESS, Area Construction Manager of MCDONALD's CORPORATION, who is personally known to me or has produced. / as identification. NOTARY PUBLIC4TATR of FIARIDA •"''"••• Jonathan M. Paules O NOT 'j LIC/STATE OF F RIDA , = '� ; :Commission#DD867o05 Print Namenc4nc i cu. �`l cut,��, 1.,;,; Expires: APR.05,2013 My Commission expires: APR_ 05!. 2,c1.3 BoxD�ncxcnnnrrncuo�DU�GCO..nQc swildner . ' RE: McDONALD'S RESTAURANTS State of Florida-All State and Local jurisdictions Ref: 2012 Major Remodel &New Projects OMNIBUS AGENT AUTHORIZATION FOR CODE CHECKERS, INC. KNOW ALL MEN BY THESE PRESENTS: That TIM CHESS, Area Construction Manager for McDonald's Corporation, a Delaware corporation, whose principal place of business is One McDonalds Plaza, Oak Brook, Illinois, 60523, and duly authorized agent/employee and attorney in fact of the corporation, does hereby authorize and appoint J. MARK PAULES and/or 312025111=1421210M of CODE CHECKERS, INC., to act on his behalf and as agent for McDONALD'S CORPORATION as follows: (1) To submit and procure all permits, plan review, land use approvals, special conditions, conditional use, variances, and development orders for the construction, re- construction and development of McDonald's restaurant sites throughout the State Of Florida. (2) To sign all papers, execute under oath and do all things necessary, appropriate or incidental to the procurement of the foregoing land use and development review and approval. This authorization will stay in effect for one year after the date signed below unless terminated in writing at an earlier date. All permitting authorities, local and regional governments, utilities, and all persons or entities presented herewith may on this written authorization, and any copies and facsimiles hereof. CODE CHECKERS is authorized to tailor this au r ation for a specific permitting agency by adding project specific information above. TIM CHESS, Area Construction Manager McDonald's Corporation STATE OF FLORIDA COUNTY OF The foregoing i,strument was acknowledged before me, the undersigned authority, this 1 c day of -nrzuz € y, 2012, by TIM CHESS, Area Construction Manager of MCDONAL S CORPORATION, who is personally known to me or has produced. , ' identification. 'igOTARY /STATE OF FLORIDA SOTARYPUBLICSTATEOFFLORIDA `� •""" Susanne M. Wildner 'f Print Name: Suss"A,E '_f tL00\30'2- :Commission#DD788514 My Commission expires. �'t /--1/4 a tZ �•-,�,,,,' Expires: JULY 17,2012 BODED THRU ATLANTIC BONDING CO.,INC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That I, CATHERINE A. GRIFFIN, Vice President of McDonald's Corporation, a Delaware corporation, whose principal place of business is One McDonald's Plaza, Oak Brook, Illinois 60523, being desirous of appointing an attorney-in-fact to act on behalf of the corporation, do hereby nominate, constitute and appoint Michael Motta, Development Director, Tim Chess, Area Construction Manager, Rosangela DeMello, Area Construction Manager, Ramon Santos, Area Construction Manager, Stephanie Tyrrell, Area Construction Manager, Jose Villar, Area Construction Manager, Pia Viphuthanond, Area Construction Manager members of the McDonald's Real Estate and Construction Department at its regional office location at 10150 Highland Manor Drive, Suite 470, Tampa, Florida 33610, as true and lawful attorney-in-fact with the following powers for and on behalf of McDonald's USA, LLC, a Delaware limited liability company regarding the following: 1. To prepare, file, execute and otherwise prosecute any and all types of applications for rezoning, special use permits, subdivisions, variances and any other land use matter necessary for the construction and development of McDonald's restaurants located in the State of Florida. 2. To appear before administrative and legislative bodies, to present testimony to such bodies and to otherwise represent McDonald's USA, LLC, a Delaware limited liability company in zoning and other land use hearings in cities, municipalities and counties located in the State of Florida. 3. To do any other act on behalf of McDonald's USA, LLC, a Delaware limited liability company with regard to land use applications and procedures involved in the construction and development of McDonald's restaurants in the State of Florida. 4. To exercise all powers and to do all acts on behalf of McDonald's USA, LLC, a Delaware limited liability company deemed by said attorney-in-fact to be incidental to, or necessary or appropriate to carry into full effect the foregoing powers, hereby ratifying and confirming all that said attorney can lawfully do or cause to be done buy virtue hereof. This power of attorney shall remain in full force and effect until revoked by me provided further that said revocation shall be of no effect in respect to parties acting or things done in reliance herein prior to the actual receipt by them of written notice of said revocation. This power of attorney shall terminate one(1)year from the date hereof unless sooner revoked by me. In witness whereof, I have executed this agreement this 2 day of February. 2012. ATTEST: McDONALD'S CORPORATION, a Delaware corporation /der=v Q L -- Ruth A Schoenmeyer, Senior Counsel Catherine A. Griffin,Vice-Orekident STATE OF ILLINOIS } COUNTY OF DUPAGE } ss. I Gwen E. Nakutis, a Notary Public in and for the said county and state aforesaid, DO HEREBY CERTIFY that Catherine A. Griffin, Vice President and Ruth A. Schoenmeyer, Senior Counsel of McDonald's Corporation who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this 2 day of February, 2012. OFFICIAL SEAL/*- GWEN E NAKUTIS %��C !L y'rr My commission expires 041d 11'APusuc-STATE OF ILLINOIS Gwen E. Nakutis, Notary Public MY COMMISSION EXPIRES:04118/14 C:'.Documents and Settings\rnc105631Application Data\Hummingbird\DM\Temp\CORPLEGAL-#1031 •-v1- a u is_ _Power_of Attorney_doc 1 McDONALD'S CORPORATION CERTIFICATE OF SECRETARY I, Gloria Santona, as an officer of McDonald's Corporation, a corporation organized and existing under the laws of the State of Delaware, United States of America (the "Company"),hereby certify as follows,as of the date hereof: 1. I am the duly appointed, qualified and acting Corporate Executive Vice President, General Counsel and Secretary of the Company. 2. Catherine A. Griffin is the duly appointed, qualified and acting • Corporate 'Vice President — Deputy General Counsel and Assistant Secretary• of the Company, and, as such, is vested With and maintains the powers and responsibilities incident thereto, as authorized by the Delaware General Corporation Law, the Company's Restated Certificate of Incorporation, and the Company's Amended and Restated . By-Laws. • 3. The signature opposite Catherine A. Griffin's name below is her genuine signature: Catherine A. Griffin NuoiWilk IN WITNESS WHEREOF, I have hereunto set my hand on this ; —day o its j. 2007. McDONALD'S CORPORATION • . Gloria Santona Corporate Executive Vice President,General . Counsel and Secretary • • • • • • • Document n:403240-vi � Aa Pi Is A * 0 �¢ -* o 'i s 4. 4,44 :. AV dire. i 91 5.111. ilfPw o Staff Report Request for Text Amendment to the Land Development Regulations Prepared for: The City of Okeechobee Applicant: McDonald's Corporation Petition No.: 12-001-TA I gt fill lI-;4 Planning W & Management Services, Inc, ,> .,Iv.;Jac ksnn Strets.'Nolte_>t)6 "� \ Fart‘hers.Hot-WA Serving Florida Local Gm ernlnents Since 1988 Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA General Information Owner/Applicant: McDonald's Corporation Agent: Code Checkers, Inc. Agent Address: P.O. Box 3211, Jupiter, Florida Contact Person: Susanne Wildner Phone Number: 561-743-8066 E-mail Address info @codecheckers.com Request Applicant is requesting a text amendment to Sec. 90-572(a)(1) of the Land Development Regulations to change the method of calculating the square footage of sign face area allowable for building signs on buildings with a single occupant. The requested change is proposed to read as follows: Sec. 90-572. —Building Signs (a) Building signs for building with a single business or occupant; (1) One square foot of sign face area for each linear foot of the building width that faces the front of the lot a street or access drives (for example, if the width of the building facing the front of the lot one street is 50 feet wide and building length facing an additional street is 100 feet,the maximum total sign face area of all building signs is 150 square feet.) The effect of the change is to increase the amount of sign face area allowable by including in the calculation of allowable sign face area building frontage on side and rear streets as well as the primary street frontage. Sem ng Florid:*I n,..,1 G01,c rn n ni.'i,i 198E Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA Anal sip : Section 70-340 of the Land Development Regulations requires that all petitions for change of the land development regulations shall be considered in relation to the following criteria, where applicable. The Applicant has provided comment to each of the required findings. These are repeated in this Times Roman typeface. Staff comments follow the Applicant's statements and are shown in Arial typeface. 1. The proposed change and its likely effects are not contrary to Comprehensive Plan requirements. "N/A" Staff Comment: No modification of sign regulations would be in conflict with the City's Comprehensive Plan. 2. The proposed change and its likely effects are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected. "Text Amendment is Requested for Clarification of Sec. 90-572. - Building Signs. Specifically the Wall Sign Regulation for determining allowable area of signs on multi- street frontage lot with a narrow Building Street Front." Staff Comment: We do not agree that the proposed change is a clarification. Rather, it is a significant change in the manner that the allowable area of building signs is calculated. Nevertheless, our research indicates to us that the changes to Sec. 90-572 under Ordinance 994 could be considered to have resulted in rather severe reductions in allowable building signage. We believe the method of calculating allowable signage should be relaxed somewhat, thereby allowing a modest increase in building signage for single tenant occupancies, but we do not favor the specific change proposed by the Applicant. This opinion applies as well to the Staff Comments offered on each of the following criteria. The Staff's position will be explained more fully later in the Staff Report. 3. The proposed change and its likely effects will not have an adverse effect on the public interest. "No. This Text change may help the public better identify businesses from a side street." Staff Comment: We do not believe that a modest increase in the size of allowable signage will have an adverse effect on the public interest. However, most businesses, particularly those on major thoroughfare, do not rely upon identification from side streets. In fact, most business relay more on pole signs for identification than building signs. While improvement of visibility from side streets may result from a proposed change, it is not a significant basis upon which to base an amendment to the LDRs. 2 Srr■i,ag Florida Lo..i t,ok:rlaflae.11ts Stn e 100, Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA 4. The proposed change and its likely effects are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning districts affected, and is not contrary or detrimental to urbanizing land use patterns. "Yes. This Text change is appropriate, reasonable & compatible." Staff Comment: A modest change in the amount of building signage allowable will be appropriate for the commercial locations where the signage will occur and will not be detrimental to urbanizing land use patterns. These areas are established commercial areas where signage is expected. 5. The proposed change and its likely effects will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district(s) affected or nearby thereto. "No. Text change will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district(s)affected or nearby thereto." Staff Comment: A modest change in the amount of building signage allowable will be appropriate for the commercial locations where the signage will occur and will not adversely affect property values or living conditions in the various commercial zoning districts. 6. The proposed change and its likely effects can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "Text Change is only for business wall signs per code allowed now in Sec 90-572." Staff Comment: Building signage is not normally considered to require buffering from surrounding uses. 7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "N/A" Staff Comment: We agree this is not applicable. 8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "N/A" Staff Comment: We agree this is not applicable. ttts:= 3 Se to ing f loricla I(...11 Goce_nnments Sftue 198-`, Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA 9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions. "Text Amendment should only clarify restriction. Sec.90-572 (a)(2) remains intact to limit maximum size of any building wall sign to 60 sq'." Staff Comment: On the contrary, modest relaxation of the limits on building signage will reduce restrictions in the commercial zoning districts. Further, the Applicant has been instructed that he/she should make a case for the request by explaining why the existing regulation is inappropriate or inadequate, and why what is proposed is appropriate not only his/her particular interest but also for other property owners and the City as a whole. The Applicant provides the following rationale in his/her response to the above instructions: "It is McDonald's position to be Community Minded; to support, improve, maintain and rein- force the communities in which they operate. So with respect and consideration for Okeechobee's current Land Development Regulations, we are requesting this text amendment only to clarify Sec. 90-572. - Building Signs. Specifically, only the Wall Sign Regulation Text for determining allowable area of signs on multi-street frontage lots with a narrow Building on Street Front. Currently, the regulation unfairly limits the building wall signs of multi-frontage businesses that have a narrow building on the addressed street front and face additional streets/ access ways. Based on the City's position that the `front of the lot' definition as referred to in City Code Sec. 90-572 refers to the street upon which the property is addressed and absent an assigned street address, the front of the lot is considered that side fronting on the most major roadway classification. McDonald's Zoning Review attached on page 5-6 is the perfect example* of the regulations adverse effect on a business. The outcome is clearly illustrated by the recently remodeled McDonald's. After a short survey of just the businesses located near & around our location on State Road 70, we quickly located multiple existing locations that would suffer directly should they need to re-sign their business under this latest code regulation. This text change correction would not allow for any greater benefit to these narrow building frontage businesses other than what is already enjoyed by all other multi-frontage businesses. By striking the language noted in our proposed text amendment, the intent of the code would not be diluted but amended to correct this disparity. In fact, they would still be subject to the same limiting applicable current regulations of signs that would remain intact: Sec.90.572 (a)(2) - Maximum Side Wall Signs 60sq' & Sec. 90-573 —Maximum Total Area of All Signs - limits the combined sign area of building signs, ground signs and pole signs to one square foot for each linear foot of property on a frontage street, plus one square foot for each two linear feet of property on side streets." f l3' t 4 Sc•,ving[J,,rids Lt?i:lt t:,«te rnntent.;tiinc'e 198S • Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA Staff Comments When Ordinance 994 was adopted, the calculation of the amount of building signage on single-occupancy buildings was not questioned. While other parts of the new sign ordinance were thoroughly discussed during consideration of Ord. 994, no one on the Planning Board or the City Council questioned the change in how allowable building signage was calculated. Consequently, Sec. 90-572 was adopted as proposed in the City Attorney's initial draft. This represented a dramatic reduction in the amount of signage that would be allowed. Prior to Ord. 994, a single-occupancy use could calcu- late the amount of allowable signage based on the linear feet of the property fronting on a street as well as property along a side or rear street. Ordinance 994 reduced the calculation to include only the building frontage along the front of the lot. In some instances the amount of building signage allowable under the current regulations is less than 10% of that before the adoption of Ord. 994. During the Site Plan Review of the McDonald's renovation, it was found that the pro- posed signage exceeded that allowable under the Code. When McDonald's recognized that it could only have 49 square feet of building signage, the firm decided that this was insufficient and, after discussion with the City Staff, it was determined that the most appropriate approach would be to request a change to the text of Sec. 90-572. We agree in principal with the Applicant's request, but after analyzing the situation, believe that there is a better solution than that proposed by the Applicant. While the Applicant's proposal does address the problem associated with multi-frontage parcels with narrow buildings facing the front of the lot, it also increases the amount of signage permissible on larger lots with larger buildings more than we believe is appropriate. Also, the Applicant's approach still bases the amount of signage allowable on the size of the building facing the various streets. We believe this is cumbersome and requires that the frontage of the building be calculated. This can sometimes be difficult when there are irregularities in the shape of the building. Therefore, we propose returning to calculation of allowable signage to a method based on the linear street frontage along the front of the lot. Since the dimension of the front of a lot is easily determined and can be found on any survey, no special calculations are required. Our proposal is to calculate the allowable building signage based on one square foot of signage for each linear foot along the front property line. Linear footage of property along rear streets or side street property lines are not counted in the calculation. Following is a table showing how much building signage is allowed prior to Ord. 994, under the current regulations, as proposed by the Applicant, and under the proposal recommended by the Staff. 5 Ser'ia};t Imnia Imam Garernnaeiu Since ['l�' Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA ALLOWABLE BUILDING SIGN SQUARE FOOTAGE SELECTED SINGLE-OCCUPANY SITES ON SR70 AND US 441 ORIGINAL PRIOR TO CURRENT APPLICANT'S STAFF ORD. 994 REGULATIONS PROPOSAL PROPOSAL %of BUSINESS ADDRESS SF SF %of Orig. SF Orig. SF %of Orig. McDonald's 401 NE Park St. 525 49 9% 149 28% 144 27% Wendy's 502 NE Park St. 525 40 8% 130 25% 140 27% Orig. Eqpt. Auto &Truck Parts 415 NE Park St. 375 105 28% 195 52% 150 40% Walgreen's 100 NW Park St. 1350 120 9% 520 39% 300 22% Region's Bank 305 NE Park St. 675 115 17% 300 44% 150 22% Eye Care Center 520 S Parrott Av. 290 65 22% 130 45% 100 34% Golden Corral 700 S Parrott Av. 800 70 9% 265 33% 200 25% Cowboy's BBQ 102 SW 14th St. 750 150 20% 260 35% 300 40% TD Bank 1506 S Parrott Av. 1250 110 9% 320 26% 250 20% Average 726.7 91.6 252.1 192.7 Percent of signage allowed prior to Ord. 994 12.6% 34.7% 26.5% The specific data for each of the foregoing businesses, upon which the above results are predicated, are provided in the appendix to this report. ',9 Sewing rlorirla Local f,mtrnntens Since I088 Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA Recommendation In lieu of the changes to Sec. 90-572 proposed by the Applicant, Staff recommends the following changes. Sec. 90-572. —Building Signs (a) Building signs for buildings with a single business or occupant; (I) The total area of all building signs for an enterprise shall not exceed One one square foot of sign face area for each linear foot of property along the front of the lot.—the building width that faces the front of the lot(for example, if the width of the building facing the front of the lot is 50 feet wide the maximum total sign face area of all building signs is 50 square feet.) For the purpose of this section, the front of the lot is that side upon which the property is addressed. Submitted by: Wm. F. Brisson, AICP September 12, 2012 Planning Board Hearing: September 20, 2012 Council Hearing: 1st Reading, October 16, 2012 2"d Reading, November 6, 2012 Attachments: Appendix: Supporting data ISINIESAGN 7 'WI.% g Floriela LOLal t oternmcnr, 198' APPENDIX COMPARISON OF BUILDING SIGN SQUARE FOOTAGE ALLOWED SELECTED SINGLE-OCCUPANCY SITES ON SR 70 AND US 441 UNDER PRIOR AND CURRENT REGULATIONS, AND NEW ALTERNATIVE PROPOSALS. Eye TD OE Auto& Region's Care Golden Cowboys Bank Truck Characteristic McDonald's Wendy's Parts Walgreen's Bank Center Corral BBQ Lot size (approx. sf) 43,200 44,100 22,500 90,000 45,000 14,000 60,000 45,000 75,000 Lot width at front (approx. If) 144 140 150 300 150 100 200 300 250 Lot depth (approx If) 300 315 150 300 300 140 300 150 300 Bldg. size (approx. sf) 4,900 3,600 9,450 16,800 8,050 4,225 8,750 8,250 5,500 Bldg.facing front of lot(approx. If) 49 40 105 120 115 65 70 150 110 Bldg. depth (approx. If) 100 90 90 140 70 65 125 55 50 #of street frontages 2 2 2 4 3 2 3 3 4 Square feet of signage allowed: Prior to Ord.994(i) 516 525 375 1350 675 290 800 750 1250 Currently(2) 49 40 105 120 115 65 70 150 110 Per Applicant's proposal(3) 149 130 195 520 300 130 265 260 320 Per Staff proposal(4) 144 140 150 300 150 100 200 300 250 (1) = Front lot width times 1.5 plus other street frontages (2) = Building frontage (3)=Total linear footage of building facing streets (4) = Front lot width NOTE: It is assumed these are single-occupancy buildings. Building and lot dimensions are approximate as measured from GIS mapping and/or Google aerial photography. 8 SEPTEMBER 20,2012-PLANNING BOARD•PAGE 11 OF 12 _ ..Ef D ?oN 131SCUSSf&N .VOTE VI. REZONING PUBLIC HEARING CONTINUED. E.1. Motion to recommend rezoning the following property from Holding Board Member Burroughs moved to recommend the City Council rezone on the property listed on Map ID No.17,below, to Residential Multiple Family(RMF): from H to Residential Multiple Family(RMF),based on and as recommended by the Planning Staff Report findings; seconded by Board Member McCoy. 2. Public Comments and Discussion Map ID No.17 is owned by Ruth G.Spradley and Gale B.Nemec,it is a vacant 1.600 unplatted acre,triangular shaped parcel located West of Southwest 7th Avenue and North of Southwest 6th Street,contiguous to Blocks 190 and 191,City of Okeechobee. The property owners were mailed a certified letter from Clerk Gamiotea, explaining the proposed changes.There were 13 courtesy notices mailed to surrounding property owners within 300 feet,as well as a sign posted on the parcels.Chair Hoover asked whether there were any questions from the public on this property.There were none. 3. Vote on Motion VOTE HOOVER-YEA BURROUGHS-YEA BRASS•YEA KELLER-YEA MCCOY•YEA MORGAN-ABSENT RITTER-YEA BAUGHMAN•YEA MCCREARY-NIA MOTION CARRIED CLOSE THE PUBLIC HEARING FOR REZONINGS-CHAIRPERSON. CHAIR HOOVER CLOSED THE REZONING PUBLIC HEARING AT 7:32 P.M.ALL ITEMS WILL BE PRESENTED TO THE CITY COUNCIL ON OCTOBER 16,2012. VII. NEW BUSINESS-Chairperson. A. Consider Petition No. 12-001—TA, amending Land Development Ms.Susanne Wildner submitted Petition No.12-001-TA on behalf of McDonalds Corporation,requesting a change in Regulations, Section 90-572(a)(1), Sign Regulations- McDonalds the Land Development Regulations,Section 90-572,Building Signs,Paragraph(a)(1),for building with a single business Corporation(Exhibit 2). or occupant.The current regulations reads one square foot of sign face area for each linear foot of the building width that faces the front of the lot(for example,if the width of the building facing the front of the lot is 50 feet wide, the maximum total sign face area for all building signs is 50 square feet). The applicant is requesting the City consider changing this to increase the amount of allowable sign face area to include in the calculation not only the front street but side and rear streets as well. The Planning Staff Report,presented by Mr.Brission specifically responded to the applicants case,a brief history of the changes made to the sign regulations and a comparison table as to how much signage they would be allowed prior to and after the adoption of Ordinance No.994,which completely revised the sign regulations.While Planning Staff did not recommend adopting the proposed changes as requested by the applicant,the following recommended changes were offered:`The total area of all building signs for an enterprise shall not exceed one square foot of sign face area for each linear foot of property along the front of the lot.For the purpose of this section,the front of the lot is the side upon which the property is addressed" SEPTEMBER 20,2012-PLANNING BOARD-PAGE 12 OF 12 «` .. AGENDAS .. .. le. - a c` I� ..IK ` CeFb 777 VII. NEW BUSINESS CONTINUED. A. Consider Petition No. 12-001—TA, amending Land Development Board Member Burroughs moved to approve Petition No.12-001-TA,submitted by Ms.Susanne Wildner,on behalf of Regulations,Section 90-572(a)(1),Sign Regulations continued. property owner McDonald's Corporation,and recommend the City Council consider amending Section 90-572(a)(1), as presented by Planning Staff,"The total area of all building signs for an enterprise shall not exceed one square foot of sign face area for each linear foot of property along the front of the lot.For purposes of this section,the front of the lot is that side upon which the property is addressed;"seconded by Board Member McCoy. 1. Public Comments and Discussion regarding Petition No.12-001-TA. Chair Hoover asked whether there were any questions from the public on the proposed amendment.There were none. 2. Vote on Motion VOTE HOOVER-YEA BURROUGHS-YEA BRASS-YEA KELLER-YEA McCoy YEA MORGAN-ABSENT RITTER-YEA BAUGHMAN-YEA MCCREARY-N/A MOTION CARRIED. B. Consider any additional requests for amendments to the City's Land Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. Development Regulations. There were none. VIII. ADJOURNMENT-Chairperson. There being no further items on the agenda,Chairperson Hoover adjourned the meeting at 7:45 p.m. • 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. ATTEST: Dawn T.Hoover,Chairperson Patty M.Burnette,Secretary , INDEPENDENT oriiii NEWSPAPERS OKEECHOBEE NEWS 107 S.W.17th Street,Suite D,Okeechobee,FL 34974 (863)763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida-,that the attached copy of advertisement being a , e 6 7J,izc :',c c' -'.. in the matter of °.__ <f��‘..:.:.r�c t`_�(� ,r_ ��_�.._e>. . "�— -- NOTICE OF CITY PLANNING BOARD MEETING in the 19th Judii1 District of the Circuit Court of NOTICE:The Cityof Okeechobee Planning Board will meet as the Local arming Agency on Thursday,Se m6er 20,2012 at 6 PM or as soon Okeechobee County, Florida, was published in said after as possible,atOty HaB,�`SE 3rd Aye,w,i 200,okeea,obee,FL., consider any�proposed amendments,submitted by City Staff or citizens,to newspaper in the issues of read d Land Development R g do sh(DR's AI amenidmer are for- -rded,with a recommendation,to the Oty Council for final consideration. "' � / All Interested rt es are encouraged to attend.Please contact General Ser- L-f f 4L __ ,-' at 863-70-33 72,or webs to dtyofokeechobee.com,to obtain a copy d _ 5--) L. / .--"1 f the a PLEASE g TAKenda. E NOTICE AND BE ADVISED that no stenographic record by a Affiant further says that the said Okeechobee News alined court reporter will be made of the foregoing meeting.Accordingfy Y :Y•: ,n who may seek to appeal any decisbn i rrie2g the rerte:no- herein will be responsible for making a verbatim record of the testimo- is a newspaper published at Okeechobee, in said afd a ricerr at sad meeting upon whkh a^y appeal is to be based aaardance with the Americerrs with DlsaMlihes Act(ADA)of 1990 per- Okeechobee County, Florida, and that said newspaper needi spedalaccammodanont oPrtldpatelnthisproceedingshould •�ntad the General Services Office at 863.763-3372 for assistance, has heretofore been published continuously in said 261740 9' Chairperson 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 ication in the said newspaper. ate% /� Tom Byrd Sworn to and subscribed before me this J T—day of _. L- ' (4 zz_ 4, AD -N. Notary Public, State of Florida at Large . it t l j __J/r *(i'(�..) " "'" ANGIE BRIDGES Y s MY COMMISSION#EE 177653 1/44-. ,€ EXPIRES:April 20,2016 '�%•••c`w Bonded Thru Notary PttWk UnderErtitefs SEPTEMBER 20,2012-PLANNING BOARD-PAGE 11 OF 12 ,.�... :.. ` END . r . . ` ., :; „w p JON,DISCUSSION VOTE VI. REZONING PUBLIC HEARING CONTINUED. E.1. Motion to recommend rezoning the following property from Holding Board Member Burroughs moved to recommend the City Council rezone on the property listed on Map ID No.17,below, to Residential Multiple Family(RMF): from H to Residential Multiple Family(RMF),based on and as recommended by the Planning Staff Report findings; seconded by Board Member McCoy. 2. Public Comments and Discussion Map ID No.17 is owned by Ruth G.Spradley and Gale B.Nemec,it is a vacant 1.600 unplatted acre,triangular shaped parcel located West of Southwest 7"'Avenue and North of Southwest 6th Street,contiguous to Blocks 190 and 191,City of Okeechobee. The property owners were mailed a certified letter from Clerk Gamiotea,explaining the proposed changes.There were 13 courtesy notices mailed to surrounding property owners within 300 feet,as well as a sign posted on the parcels.Chair Hoover asked whether there were any questions from the public on this property.There were none. 3. Vote on Motion VOTE HOOVER-YEA BURROUGHS-YEA BRASS-YEA KELLER-YEA McCoy YEA MORGAN-ABSENT RITTER•YEA BAUGHMAN•YEA MCCREARY-NIA MOTION CARRIED CLOSE THE PUBLIC HEARING FOR REZONINGS-CHAIRPERSON. CHAIR HOOVER CLOSED THE REZONING PUBLIC HEARING AT 7:32 P.M.ALL ITEMS WILL BE PRESENTED TO THE CITY COUNCIL ON OCTOBER 16,2012. VII. NEW BUSINESS-Chairperson. A. Consider Petition No. 12-001—TA, amending Land Development Ms.Susanne Wildner submitted Petition No.12-001-TA on behalf of McDonalds Corporation,requesting a change in Regulations, Section 90-572(a)(1), Sign Regulations-McDonalds the Land Development Regulations,Section 90-572,Building Signs,Paragraph(a)(1),for building with a single business Corporation(Exhibit 2). or occupant,The current regulations reads one square foot of sign face area for each linear foot of the building width that faces the front of the lot(for example,if the width of the building facing the front of the lot is 50 feet wide,the maximum total sign face area for all building signs is 50 square feet).The applicant is requesting the City consider changing this to increase the amount of allowable sign face area to include in the calculation not only the front street but side and rear streets as well. The Planning Staff Report,presented by Mr.Brission specifically responded to the applicants case,a brief history of the changes made to the sign regulations and a comparison table as to how much signage they would be allowed prior to and after the adoption of Ordinance No.994,which completely revised the sign regulations.While Planning Staff did not recommend adopting the proposed changes as requested by the applicant,the following recommended changes were offered: The total area of all building signs for an enterprise shall not exceed one square foot of sign face area for each linear foot of property along the front of the lot,For the purpose of this section,the front of the lot is the side upon which the property is addressed," SEPTEMBER 20,2012-PLANNING BOARD-PAGE 12 OF 12 AGENt .w VII. NEW BUSINESS CONTINUED. A. Consider Petition No. 12-001—TA, amending Land Development Board Member Burroughs moved to approve Petition No.12-001-TA,submitted by Ms,Susanne Wildner,on behalf of Regulations,Section 90-572(a)(1),Sign Regulations continued. property owner McDonald's Corporation,and recommend the City Council consider amending Section 90-572(a)(1), as presented by Planning Staff, The total area of all building signs for an enterprise shall not exceed one square foot of sign face area for each linear foot of property along the front of the lot.For purposes of this section,the front of the lot is that side upon which the property is addressed;"seconded by Board Member McCoy. 1. Public Comments and Discussion regarding Petition No.12-001-TA. Chair Hoover asked whether there were any questions from the public on the proposed amendment.There were none. 2. Vote on Motion VOTE HOOVER-YEA BURROUGHS-YEA BRASS-YEA KELLER•YEA MCCOY-YEA MORGAN-ABSENT RATER•YEA BAUGHMAN•YEA MCCREARY-NIA MOTION CARRIED. B. Consider any additional requests for amendments to the City's Land Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. Development Regulations. There were none. VIII. ADJOURNMENT-Chairperson. There being no further items on the agenda,Chairperson Hoover adjourned the meeting at 7:45 p.m. 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. ATTEST: Dawn T.Hoover,Chairperson Patty M.Burnette,Secretary \C' 011141.1. AP OF4 a°E a°I(S,4.1.h , 41 '444' ' C÷% , 4ti.,-: -0 I°� yak � : Ili It> .. .,,,,,,17", — . 14):41. vie . .,:,,... ,---7--, .,,,,,k&t1/4. - 'She ft -711111:111;.. 791 54Carile Staff Report Request for Text Amendment to the Land Development Regulations Prepared for: The City of Okeechobee Applicant: McDonald's Corporation Petition No.: 12-001-TA . ,, .t 1#1 Planning = & Management :Serer ices, Inc. ' 13 5 Fat. Street,Suite.{)O °"' Fort 3134;r3,FWort.." 339..i3't 33 Serving Florida Local Governments Since 1988 O Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA General Information Owner/Applicant: McDonald's Corporation Agent: Code Checkers, Inc. Agent Address: P.O. Box 3211, Jupiter, Florida Contact Person: Susanne Wildner Phone Number: 561-743-8066 E-mail Address info @codecheckers.com Request Applicant is requesting a text amendment to Sec. 90-572(a)(1) of the Land Development Regulations to change the method of calculating the square footage of sign face area allowable for building signs on buildings with a single occupant. The requested change is proposed to read as follows: Sec. 90-572.—Building Signs (a) Building signs for building with a single business or occupant; (1) One square foot of sign face area for each linear foot of the building width that faces the front of the lot a street or access drives (for example, if the width of the building facing the front of the lot one street is 50 feet wide and building length facing an additional street is 100 feet, the maximum total sign face area of all building signs is 150 square feet.) The effect of the change is to increase the amount of sign face area allowable by including in the calculation of allowable sign face area building frontage on side and rear streets as well as the primary street frontage. 116 1 Serving fluridt Local(a)vernmenI,.Sin.c Iti)SS Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA Analysis Section 70-340 of the Land Development Regulations requires that all petitions for change of the land development regulations shall be considered in relation to the following criteria, where applicable. The Applicant has provided comment to each of the required findings. These are repeated in this Times Roman typeface. Staff comments follow the Applicant's statements and are shown in Arial typeface. 1. The proposed change and its likely effects are not contrary to Comprehensive Plan requirements. "N/A" Staff Comment: No modification of sign regulations would be in conflict with the City's Comprehensive Plan. 2. The proposed change and its likely effects are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected. "Text Amendment is Requested for Clarification of Sec. 90-572. - Building Signs. Specifically the Wall Sign Regulation for determining allowable area of signs on multi- street frontage lot with a narrow Building Street Front." Staff Comment: We do not agree that the proposed change is a clarification. Rather, it is a significant change in the manner that the allowable area of building signs is calculated. Nevertheless, our research indicates to us that the changes to Sec. 90-572 under Ordinance 994 could be considered to have resulted in rather severe reductions in allowable building signage. We believe the method of calculating allowable signage should be relaxed somewhat, thereby allowing a modest increase in building signage for single tenant occupancies, but we do not favor the specific change proposed by the Applicant. This opinion applies as well to the Staff Comments offered on each of the following criteria. The Staff's position will be explained more fully later in the Staff Report. 3. The proposed change and its likely effects will not have an adverse effect on the public interest. "No. This Text change may help the public better identify businesses from a side street." Staff Comment: We do not believe that a modest increase in the size of allowable signage will have an adverse effect on the public interest. However, most businesses, particularly those on major thoroughfare, do not rely upon identification from side streets. In fact, most business relay more on pole signs for identification than building signs. While improvement of visibility from side streets may result from a proposed change, it is not a significant basis upon which to base an amendment to the LDRs. Lugui 2 Sewing Ilurida t.rxal Gc7crrnment.,Since 1085 Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA 4. The proposed change and its likely effects are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning districts affected, and is not contrary or detrimental to urbanizing land use patterns. "Yes. This Text change is appropriate, reasonable & compatible." Staff Comment: A modest change in the amount of building signage allowable will be appropriate for the commercial locations where the signage will occur and will not be detrimental to urbanizing land use patterns. These areas are established commercial areas where signage is expected. 5. The proposed change and its likely effects will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district(s) affected or nearby thereto. "No. Text change will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district(s) affected or nearby thereto." Staff Comment: A modest change in the amount of building signage allowable will be appropriate for the commercial locations where the signage will occur and will not adversely affect property values or living conditions in the various commercial zoning districts. 6. The proposed change and its likely effects can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "Text Change is only for business wall signs per code allowed now in Sec 90-572." Staff Comment: Building signage is not normally considered to require buffering from surrounding uses. 7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "N/A" Staff Comment: We agree this is not applicable. 8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "N/A" Staff Comment: We agree this is not applicable. 3 Benin};Iloricla Loral( Siore l48■ Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA 9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions. "Text Amendment should only clarify restriction. Sec.90-572 (a)(2) remains intact to limit maximum size of any building wall sign to 60 sq'." Staff Comment: On the contrary, modest relaxation of the limits on building signage will reduce restrictions in the commercial zoning districts. Further, the Applicant has been instructed that he/she should make a case for the request by explaining why the existing regulation is inappropriate or inadequate, and why what is proposed is appropriate not only his/her particular interest but also for other property owners and the City as a whole. The Applicant provides the following rationale in his/her response to the above instructions: "It is McDonald's position to be Community Minded; to support, improve, maintain and rein- force the communities in which they operate. So with respect and consideration for Okeechobee's current Land Development Regulations, we are requesting this text amendment only to clarify Sec. 90-572. - Building Signs. Specifically, only the Wall Sign Regulation Text for determining allowable area of signs on multi-street frontage lots with a narrow Building on Street Front. Currently, the regulation unfairly limits the building wall signs of multi-frontage businesses that have a narrow building on the addressed street front and face additional streets/ access ways. Based on the City's position that the `front of the lot' definition as referred to in City Code Sec. 90-572 refers to the street upon which the property is addressed and absent an assigned street address, the front of the lot is considered that side fronting on the most major roadway classification. McDonald's Zoning Review attached on page 5-6 is the perfect example* of the regulations adverse effect on a business. The outcome is clearly illustrated by the recently remodeled McDonald's. After a short survey of just the businesses located near & around our location on State Road 70, we quickly located multiple existing locations that would suffer directly should they need to re-sign their business under this latest code regulation. This text change correction would not allow for any greater benefit to these narrow building frontage businesses other than what is already enjoyed by all other multi-frontage businesses. By striking the language noted in our proposed text amendment, the intent of the code would not be diluted but amended to correct this disparity. In fact, they would still be subject to the same limiting applicable current regulations of signs that would remain intact: Sec.90.572 (a)(2) - Maximum Side Wall Signs 60sq' & Sec. 90-573 —Maximum Total Area of All Signs - limits the combined sign area of building signs, ground signs and pole signs to one square foot for each linear foot of property on a frontage street, plus one square foot for each two linear feet of property on side streets." 4 St ftnig EJorida LOCad Goe ern items Since l')8' Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA Staff Comments When Ordinance 994 was adopted, the calculation of the amount of building signage on single-occupancy buildings was not questioned. While other parts of the new sign ordinance were thoroughly discussed during consideration of Ord. 994, no one on the Planning Board or the City Council questioned the change in how allowable building signage was calculated. Consequently, Sec. 90-572 was adopted as proposed in the City Attorney's initial draft. This represented a dramatic reduction in the amount of signage that would be allowed. Prior to Ord. 994, a single-occupancy use could calcu- late the amount of allowable signage based on the linear feet of the property fronting on a street as well as property along a side or rear street. Ordinance 994 reduced the calculation to include only the building frontage along the front of the lot. In some instances the amount of building signage allowable under the current regulations is less than 10% of that before the adoption of Ord. 994. During the Site Plan Review of the McDonald's renovation, it was found that the pro- posed signage exceeded that allowable under the Code. When McDonald's recognized that it could only have 49 square feet of building signage, the firm decided that this was insufficient and, after discussion with the City Staff, it was determined that the most appropriate approach would be to request a change to the text of Sec. 90-572. We agree in principal with the Applicant's request, but after analyzing the situation, believe that there is a better solution than that proposed by the Applicant. While the Applicant's proposal does address the problem associated with multi-frontage parcels with narrow buildings facing the front of the lot, it also increases the amount of signage permissible on larger lots with larger buildings more than we believe is appropriate. Also, the Applicant's approach still bases the amount of signage allowable on the size of the building facing the various streets. We believe this is cumbersome and requires that the frontage of the building be calculated. This can sometimes be difficult when there are irregularities in the shape of the building. Therefore, we propose returning to calculation of allowable signage to a method based on the linear street frontage along the front of the lot. Since the dimension of the front of a lot is easily determined and can be found on any survey, no special calculations are required. Our proposal is to calculate the allowable building signage based on one square foot of signage for each linear foot along the front property line. Linear footage of property along rear streets or side street property lines are not counted in the calculation. Following is a table showing how much building signage is allowed prior to Ord. 994, under the current regulations, as proposed by the Applicant, and under the proposal recommended by the Staff. 5 Sen'in);I karma %11p.:rnnlents Since 108,. Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA ALLOWABLE BUILDING SIGN SQUARE FOOTAGE SELECTED SINGLE-OCCUPANY SITES ON SR70 AND US 441 ORIGINAL PRIOR TO CU$R NT APPLICANT'S STAFF ORD. 994 REGULATIONS PROPOSAL PROPOSAL %of BUSINESS ADDRESS SF SF %of Orig. SF Orig. SF %of Orig. McDonald's 401 NE Park St. 525 49 9% 149 28% 144 27% Wendy's 502 NE Park St. 525 40 8% 130 25% 140 27% Orig. Eqpt.Auto&Truck Parts 415 NE Park St. 375 105 28% 195 52% 150 40% Walgreen's 100 NW Park St. 1350 120 9% 520 39% 300 22% Region's Bank 305 NE Park St. 675 115 17% 300 44% 150 22% Eye Care Center 520 S Parrott Av. 290 65 22% 130 45% 100 34% Golden Corral 700 S Parrott Av. 800 70 9% 265 33% 200 25% Cowboy's BBQ 102 SW 14th St. 750 150 20% 260 35% 300 40% TD Bank 1506 S Parrott Av. 1250 110 9% 320 26% 250 20% Average 726.7 91.6 252.1 192.7 Percent of signage allowed prior to Ord.994 12.6% 34.7% 26.5% The specific data for each of the foregoing businesses, upon which the above results are predicated, are provided in the appendix to this report. L:. } Serving Florida Local Iiincirnmenrx Since 19$M Staff Report Applicant's Name: McDonald's Corporation Request for Text Amendment to LDRs Petition No. 12-001-TA Recommendation In lieu of the changes to Sec. 90-572 proposed by the Applicant, Staff recommends the following changes. Sec. 90-572. —Building Signs (a) Building signs for buildings with a single business or occupant; (1) The total area of all building signs for an enterprise shall not exceed One one square foot of sign face area for each linear foot of property along the front of the lot. the building width that faces the front of the lot (for example, if the width of the building facing the front of the lot is 50 feet wide the maximum total sign face area of all building signs is 50 square feet.) For the purpose of this section, the front of the lot is that side upon which the property is addressed. Submitted by: Wm. F. Brisson, AICP September 12, 2012 Planning Board Hearing: September 20, 2012 Council Hearing: 1st Reading, October 16, 2012 2"d Reading, November 6, 2012 Attachments: Appendix: Supporting data Serving;Florida Loral(; t rnments Slnre I')H2t APPENDIX COMPARISON OF BUILDING SIGN SQUARE FOOTAGE ALLOWED SELECTED SINGLE-OCCUPANCY SITES ON SR 70 AND US 441 UNDER PRIOR AND CURRENT REGULATIONS, AND NEW ALTERNATIVE PROPOSALS. Eye TD OE Auto& Region's Care Golden Cowboys Bank Truck Characteristic McDonald's Wendy's Parts Walgreen's Bank Center Corral BBQ Lot size (approx. sf) 43,200 44,100 22,500 90,000 45,000 14,000 60,000 45,000 75,000 Lot width at front (approx. If) 144 140 150 300 150 100 200 300 250 Lot depth (approx If) 300 315 150 300 300 140 300 150 300 Bldg. size (approx. sf) 4,900 3,600 9,450 16,800 8,050 4,225 8,750 8,250 5,500 Bldg.facing front of lot (approx. If) 49 40 105 120 115 65 70 150 110 Bldg. depth (approx. If) 100 90 90 140 70 65 125 55 50 #of street frontages 2 2 2 4 3 2 3 3 4 Square feet of signage allowed: Prior to 94,994(4 516 525 375, 1350 675 290 800 750 1250 CurrentlyP) 49 40 105 120 115 65 70 150 110 Per Applicants proposal�3� 149 130=''';�% 195 520 300 130 265 260 320 Per Staff proposal(4) 144 140 150 300 150 100 200 300 250 (1) = Front lot width times 1.5 plus other street frontages (2) =Building frontage (3)=Total linear footage of building facing streets (4)= Front lot width NOTE: It is assumed these are single-occupancy buildings. Building and lot dimensions are approximate as measured from GIS mapping and/or Google aerial photography. 8 Patty Burnette To: swildner @codecheckers.com Subject: Minutes from the Planning Board Meeting Attachments: 092012 PB Minutes.pdf Hi Susanne. Attached are the Planning Board minutes pertaining to the Text Amendment change application you submitted on behalf of McDonald's.The Planning Board moved to approve and recommended that the City Council consider amending Section 90-572(a)(1),as presented by Planning Staff.The 1st Reading for City Council will be October 16th and the Final Reading will be November 13, 2012 at 6:00p.m. in the Council Chambers. If there is anything further I can do for you, please let me know. Have a great day, Patty rvi Patty 9V1.. Burnette GeneraCServices Coordinator City of Okeechobee 55 Southeast 3rd avenue Okeechobee, EL 34974 T'er 863-763-3372 ext. 218 'Fax: 863-763-1686 e-mail:phi inietreo:oC_itl/ott kecc iiobcc.iorit website: ituotok eec{wi wive.coi_ii NOTICE: Due to Florida's broad public record laws,this email may be subject to public disclosure. i Patty Bumette From: Mark Paules <mpaules @codecheckers.com> Sent: Thursday,September 20, 2012 10:45 AM To: pburnette @cityofokeechobee.com Cc: Brian Terry;Tim Chess Subject: FW: McD's Okeechobee Hearing Contact Info12-001-TA McDonalds Corporation Attachments: 12-001-TA McDonalds Corporation.doc Dear Patty, McDonald's is scheduled to appear before the Planning Board this evening (see attached). Unfortunately, Susanne Wildner,their representative will not be able to attend due to a health issue requiring surgery today. She will be back in the office next week if you require any additional information. Briar n Terry, Land Design South, has been authorized by Tim Chess, McDonald's to represent in her place. We apologize for any inconvenience this may cause. Sincerely. Mark Paules Code Checkers, Inc. mpaules@codecheckers.com (561) 743-8066 CODE CHECKERS,INC.IS A CONSULTATION SERVICE COMPANY ONLY. REPRESENTATIVES OF CODE CHECKERS,INC.ARE CODE/PROCEDURE CONSULTANTS&CONSTRUCTION/DEVELOPMENT PERMIT/APPROVAL EXPEDITERS,ONLY. CODE CHECKERS,INC.'S CONSULTATION SERVICES EXCLUDE SUCH SERVICES AS THOSE SUPPLIED BY AN ATTORNEY,ARCHITECT,ENGINEER,SURVEYOR,ACCOUNTANT,INVESTMENT COUNSELOR,CONSTRUCTION CONTRACTOR OR ANY OTHER LICENSED TYPE PROFESSIONAL CONTRACTORS. MUNICIPAL/GOVERNMENT CODE,PROCEDURES&PERMIT/LICENSE/APPROVAL REQUIREMENTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. CODE CHECKERS,INC. 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From: Susanne Wildner f mailto:swildner©codecheckers.coml Sent: Thursday, September 20, 2012 7:56 AM To: moaules©codecheckers.com Subject: McD's Okeechobee Hearing Contact Infol2-001 TA McDonalds Corporation Mark If for some reason,while I am out for surgery, you need to contact Patty Burnette City of Okeechobee General Services Dept. and Hearing Contact,see attached. Feel free to check my file for any other information if it is required. Thanks, OLD (3 Ai OKEECHOBEE CODE b/ l i) / h T (3) One ground sign is permitted in the front Sec. 90-57I1. Signs requiring temporary use yard, and shall not exceed 50 square feet permit. in sign area, 20 feet in height, nor be closer than 25 feet to a residential r,'s Temporary signs may be permitted after issu- trict. once of a temporary use permit by the city,accord- ing to the following re: :i ations: (4) These additional signs are prohibited: off- premises, portable, and wind signs. (1) A permit for temporary signs may be (LDR 1998, § 573) issued for a business opening or special event; such sign shall: Sec. 90-588. Signs in commercial and dus- a. Conform with city building codes. trial districts. b. Not be counted as part of the perma- The following regulations shall apply to signs Went sign allocation. in commercial, central business and industrial c. Be permitted for not more than seven zoning districts: days in any six months' period. (1) Total area of all signs for an enterprise d. f:e removed within two days after shall not exceed 11/2 square feet for each culmination of the event. linear foot of property on a frontage street, e. Not be erected on property without plus one square foot for each linear foot of written authorization of the owner property on side streets. or resident. (2) Building and wall signs, and one ground (2) Maximum permissible temporary signage sign are permitted to advertise services, shall be as follows: and the sale or manufacture of products on the premises,so long as there exist one a. Number of signs: two business establishment and structure on b. Total sign face area: 50 square feet the lot. c. Height: eight feet (3) One ground sign is permitted in the front (LDR. 1998, § 577) yard, and shall not exceed 30 feet in height, nor be closer than 25 feet to a Sec. :'1-572. Off-pr:anises signs. residential district. (LDR 1998, § 574) The following additional regulations shall ap- ply to ofd premises signs: Sec. :',1.569. Signs in public use districts. (1) Off-premises signs shall be calculated as allocation for the part of the total signage The following regulations shall apply to signs property on which it is located. in public use districts: Only signs erected by a governmental agency shall be permitted. (2) No off-premises sign shall be erected on (LDR. 1998, § 575) property without the written authoriza- tion of the owner or resident thereof. Sec. 90=570. Signs for uses permitted by ape- (3) No off-premises sign shall be located within del exception use petition. 300 feet of a residential district, railroad crossing, public school, public park or The following regulations apply to signs for recreation area,house or worship,or cerrn- uses permitted by special exception use petition: etery, measured along the common right- Signs shall conform to conditions imposed at the time of approval and to the zoning district regu- lations, of-way line.whichever are more stringent. (4) Ex;:ept for directional signs, of premises (LDR. 1998, § 576) sign shall not be closer than 15 feet to a CD90:42 NfliV e. Is not located on a public right-of-way. (3) Signs, including portable signs, to announce or advertise such temporary uses as fairs,carnivals, circuses, revivals, sporting events, festivals or any public, char itable educational or religious event or function, provided that the sign: '1 a. Is located on the lot same property where the event will occur or,if located elsewhere, the written consent of the property owner on which the sign(s) will be located has been c obtained, b. Is not displayed more than 14 days prior to the event, and c. Is removed within three days after the event. • (4) Within,the CBD District only, temporary portable signs placed on the city owned sidewalk in front of the business provided they do not interfere or endanger pedestrian traffic and are not displayed any time other than during the normal operating hours of the business. (Ord.No. 994, § 1, 4-21-2009; Ord.No. 1058, § 1, 4-6-2010) Editor's note: Ord.No. 1058, § 1, adopted.April 6, 2010, amended § 90-570(title)to read as herein set out. Former § 90-570(title) pertained to permitted temporary signs (no permit required). Sec.90-571. Freestanding monument signs. Freestanding monument signs are permitted within all commercial and industrial zoning districts provided that; (1) The sign area for each multiple occupancy complex and each occupant not located in a multiple occupancy complex shall not exceed 64 square feet in area, or eight feet in A.11 height. (2) No development shall have more than one freestanding monument sign. (3) They are located consistent with all applicable set back requirements and are not located in a public right-of-way. (Ord.No. 994, § 1, 4-21-2009) Sec.90-572. Building signs. (a) Building signs for buildings with a single business or occupant; (1) One square foot of sign face area for each linear foot of the building width that faces the front of the lot(for example, if the width of the building facing the front of the lot is 50 feet wide,the maximum total sign face area for all building signs is 50 square feet. (2) No single building sign on any one side of a building shall exceed 60 square feet of sign face area, except that such size limit shall not apply to a building sign facing parallel to US 441 or SR 70 when the sign is located on a single-use building located on property fronting on US 441 or SR 70. - -(3) Where building signs are placed upon more than one side of the building,the combined sign face area, shall not exceed the amount permitted by subsection(f)above. (b) Building signs for buildings with multiple businesses or occupants. (1) One square foot of sign face area for each linear foot of the unit occupied by one business or occupant,provided that no such building sign shall exceed 48 square feet of sign face area for any one business (for example, if the width of a unit or several units occupied by one business is 24 feet, then one sign, a maximum of 24 square feet of sign face is permitted). , Aug 24 12 08:51a Code Checkers, Inc 5617438067 p.1 Susanne Wildner From: Susanne Wildner <swildner@codecheckers.com> Sent: Friday, August 24, 2012 9:20 AM To: 'Patty Burnette' Subject: RE:Authorization Letter for 401 Park,Okeechobee RE: Text Amendment application for McDonald's Post-it''Fax Note 7B71 aate7p/. .y,/ ;r of 1 will Fax then put original in the Overnight for your rile. To pR Fronj / Pa9` ' �� u�+3 Tt z; °XL� 44A�k�C_ J tLL ' 2. M. co�D�P_ . c¢ 'try :r� �:'t-. �' �S ct4ct,sE tev„c cut_ , 2_s_l' jl,: it :+i. 1,r @: :ODE CHECKERS INC, �C� �\ PholeA. (. .,J1 ($ Ph c itl �4 -� „ (° � � Fax - Fax# w info @codecheckers.con From: Patty Burnette f mailto:pburnette 0)cityofokeechobee.com] Sent: Friday, August 24, 2012 8:17 AM To: 'Susanne Wildner' Subject: RE: Authorization Letter for 401 Park, Okeechobee RE: Text Amendment application for McDonald's Good Morning Susanne. I really should have the original for our files. Thank you so much and have a great weekend. Patty From: Susanne Wildner jmailto:swildnerna codecheckers.com1 Sent: Friday, August 24, 2012 8:03 AM To: 'Patty Burnette' Subject: Authorization Letter for 401 Park,Okeechobee RE: Text Amendment application for McDonald's Good Morning Patty Can I fax or do you need original? Susanne M. 'y':'i)dr. CODE CHECKERS, INC. P.O. Box 3211 JL;adfer:T€( esta 3 ash;- ^16:, info@codecheckers.com;:r www.codecheckers.com From: Patty Burnette f mailto:pburnettei cityofokeechobee.coml Sent: Thursday, August 23, 2012 1:49 PM To: swildnerftcodecheckers.com Subject: Text Amendment application for McDonald's Hi Susanne. I need to ask for one additional document that I need for the application...Just an authorization letter from McDonald's Corporation that authorizes you or Code Checkers to sign on their behalf for this. Should you have any questions, please just let me know. Thanks, Aug 2412 08:52a Code Checkers, Inc 5617438067 p2 1'`I ' Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974 Tel: 863-763-3372 ext. 218 Fax: 863-763-1686 pburnette a(�cityofokeechobee.com website: www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 2 CITY OF OKEECHOBEE, FLORIDA 55 S.E.3rd Avenue, Okeechobee, FL 34974 Ng. , A jj(863)763-3372 20 II� (RECEIVED from ( cdk C�{�(�� 1 )1C__ FL/L._ htuictAxek of k tto S CU'%C 0 Dollars • fia 17--6(1 Al old moi .. C,(..-0 100 • ' 12.1 $ Ob.C>C) C 14LL C175 v CLERK CITY OF OKEECHOBEE, FLORIDA 55 S.E.3rd Avenue,Okeechobee, FL 34974 No 035051 (863)763-3372 OAdui US T 4- 20 l a, RECEIVED from Fait_ h ,(,t'1Cit,CC%t_ Cato tka)t: afl6t r (/00 Dollars ✓' fX 6-p e k c.pi--)t- BUA,aLuL n CLERK $ 64z.c�c� C K 3975