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2014-05-15CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MAY 15, 2014 SUMMARY OF BOARD ACTION AGENDA I. CALL TO ORDER - Chairperson. Planning Board /Board of Adjustment and Appeals, May 15, 2014, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice Chairperson Terry Burroughs Board Member Phil Baughman Board Member Karyne Brass Board Member Douglas McCoy Board Member Les McCreary Board Member Gary Ritter Alternate Board Member John Creasman Alternate Board Member (vacant position) Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty M. Burnette III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the March 20, 2014, Regular Meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 461 PAGE 1 OF 6 ACTION - DISCUSSION - VOTE Chairperson Hoover called the May 15, 2014 meeting to order at 6:00 p.m., held in the Council Chambers located at City Hall, 55 Southeast 3`d Avenue, Okeechobee, Florida 34974, Room 200. Board Secretary Burnette called the roll: Present Absent (with consent) Present Present Present Present Present Absent (with consent) Position Vacant Present Present Present Board Member McCoy moved to dispense with the reading and approve the Summary of Board Action for the March 20, 2014, Regular Meeting; seconded by Board Member Ritter. There was no discussion on this item. VOTE HOOVER - YEA MCCREARY - YEA BURROUGHS -ABSENT BAUGHMAN - YEA BRASS - YEA RITTER - YEA CREASMAN - ABSENT MOTION CARRIED. MCCOY - YEA Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There being none, the agenda stands as published. 462 AGENDA V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. A. Petition No. 14- 001 -SE, submitted by Albert Zakhary on behalf of property owner, First Bank of Indiantown /Harbor Community Bank, to allow drive - through service within the Central Business District Zoning District (Ref. Sec. 90 -313 (1)) and located at 205 Northeast Park Street. Legal: Lots 7 to 9 of Block 153, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County public records, containing approximately 0.488 acres. The proposed use is for a Dunkin Donuts with a drive - through service (Exhibit 1). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 001 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. MAY 15, 2014 - PLANNING BOARD - PAGE 2 OF 6 ACTION - DISCUSSION - VOTE CHAIRPERSON HOOVER OPENED THE QUASI- JUDICIAL PUBLIC HEARING AT 6:01 P.M. Petition No. 14-001-SE, was submitted by Albert Zakhary on behalf of property owner, First Bank of Indiantown /Harbor Community Bank, for Lots 7 to 9 of Block 153, City of Okeechobee and located at 205 Northeast Park Street to allow drive - through service within the Central Business District (CBD) Zoning District. The proposed use is for a Dunkin Donuts with a drive - through service. This being a quasi - judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Bill Brisson, Senior Planner, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida and Steven L. Dobbs, P.E., SLD Engineering, 1062 Jakes Way, Okeechobee, Florida. Chairperson Hoover yielded the floor to Planning Consultant Brisson to present the Planning Staff Report. The site has an existing 5,007 square foot building. The applicant is proposing to remodel the building so that 2,000 square feet will be utilized as office spaces, 1,807 square feet designated for storage, and the remaining 1,200 square feet for the retail store. Due to the building design, (built in 1963 as the local post office), it is proposed to access the drive - through via the 15 foot wide East/West alleyway. Planning Staff's recommendation for denial is based on two sets of criteria. One being the site's consistency with the current Land Development Regulations (LDR's), and the other, findings required to consider a Special Exception. Planning Staff's responses to the applicant's presentation on consistency with the LDR's are while the location can certainly be considered appropriate for a drive - through service facility, there are doubts about the site's ability to provide safe and convenient access, interior circulation and the need to use the public alley to provide access for the drive - through. The principle use will be located within the building and uses within the building will be compatible with adjacent uses. The same may not necessarily be said about using the public alley to the north for access to the drive - through facility. Despite this property being zoned CBD, two of the properties on the north side of the alley are single family homes. Typically Dunkin Donuts stores are open 24 hours for drive - through business or at least open in the early morning hours and remain open through the late evening hours. The homes would be subject to vehicular traffic and lighting from headlights during hours when such traffic is not usually in the alley. There should be some form of fence or buffer between the residences and the alley, though this would mean having to place one of these on City property assuming it would be acceptable to the City. AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. A. 2. Hear from the Planning Staff, Special Exception Petition No. 14-001 - SE continued. 3. Hear from the Property Owner or designee /agent. MAY 15, 2014 - PLANNING BOARD - PAGE 3 OF 64.6 3 ACTION - DISCUSSION - VOTE Drive - through traffic along the alley and associated vehicle noise and lights during late night or early morning hours may be a nuisance to the adjoining single family homes. There are no problems expected in the provisions of utilities or public services. Traffic headed west will have the easier path on and off the site based on an analysis submitted by the applicant. Weekday PM peak hour traffic will not be increased when compared to the previous use. Problems are foreseen with the drive - through facility in its proposed location and access in the manner shown. Given that the alley is currently used to provide access to the rear parking for the retail business to the north as well as providing access to the parking in the rear for two businesses immediately adjacent to the east, conflicts are likely. Planner Brisson believes that there will be a serious potential for conflicts between drive - through customers coming via the alleyway and those accessing the drive - through via the driveway on Northeast 2nd Avenue, with vehicles pulling into or out of parking spaces at the north end of the front parking lot. Planning Staff's responses to the applicant's presentation on the required findings to consider the Special Exception, are that the proposed use is not inherently contrary to the Comprehensive Plan. Drive - through service is specifically listed as a Special Exception use in the CBD Zoning District. The use, in and of itself, would not be expected to have an adverse effect upon the public interest. This particular use is not believed to be appropriate for this specific location given its potential effects, including potential vehicular conflicts and the potential nuisance factors of traffic noise and lights upon nearby residential uses during the early morning hours. Concern over the potential for noise and lighting impacts during late night and early morning hours on the two residential properties, located north of the alley, could be improved by a fence or vegetative screening along that side of the alley. However, this would require either placing the fence or screening on the public alleyway or the properties of the single family residences which would need approval by either the City or both property owners. The use will not create a density pattern that will overburden public facilities such as streets, schools, and utility services. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Mr. Brisson elaborated that in addition he felt that it was not the job of the Technical Review Committee (TRC) to design a site that would work for the applicant. The applicant should present a site plan that is adequate to accommodate this type of use and then present it to the TRC. By approving the Special Exception, one may assume that the TRC will have the responsibility of making the site work. Mr. Bobby Tucker, Real Estate Agent, whose office is located at 104 Northwest 7th Avenue, Okeechobee, was administered an oath by Notary Public Patty Burnette, and responded affirmatively. Mr. Tucker and Mr. Dobbs were in attendance for the applicant. They discussed specifics of the proposed site, and concerns utilizing the alleyway for the drive - through access. Mr. Tucker added, he is in a tough situation as he has shown the building 19 times, and traffic is the major problem. Board Members Brass, McCoy, McCreary and Ritter voiced concerns with the alley usage. 464 AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. A. 3. Hear from the Property Owner or designee /agent, Special Exception Petition No. 14- 001 -SE continued. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a motion to approve or deny petition. b) Board discussion on motion to approve or deny Petition No. 14-001 - SE continued. c) Vote on motion. CLOSE PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. MAY 15, 2014 - PLANNING BOARD - PAGE 4 OF 6 ACTION - DISCUSSION - VOTE There may be several challenges with congestion and public safety depending on traffic volume. Chairperson Hoover, countered that the concerns raised fall under the scope of the TRC to be worked out during the site plan review process. Attorney Cook reminded the Board they are to determine whether the use is appropriate to the area. They can approve the Special Exception and place conditions on it; although it was the TRC's authority to determine a way to design the internal flow. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There was none. The petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to fourteen surrounding property owners. Secretary Burnette received one phone call from a surrounding property owner who did not state objections or concerns. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to the applicant or anyone else regarding the application, or visited the site. Board Member Baughman disclosed that he and Mr. Dobbs in discussed the traffic flow map. Board Member Baughman moved to approve Petition No. 14- 001 -SE, submitted by Albert Zakhary on behalf of property owner, First Bank of Indiantown /Harbor Community Bank, to allow drive - through service within the Central Business District Zoning District (Ref. Sec. 90 -313 (1)) and located at 205 Northeast Park Street. Legal: Lots 7 to 9 of Block 153, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County public records, containing approximately 0.488 acres for the proposed use of a drive - through Dunkin Donuts (based on the required findings submitted by the applicant, with responses from Planning Staff), seconded by Board Member McCreary. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCREARY - YEA BURROUGHS -ABSENT BAUGHMAN - YEA BRASS - NO RITTER - No CREASMAN - ABSENT MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE QUASI- JUDICIAL PUBLIC HEARING AT 7:03 P.M. MCCOY -YEA 1 1 1 AGENDA VI. NEW BUSINESS. A. Discuss proposed amendments to the Land Development Regulations - Chairperson. 1. a) Consider a recommendation to extend the Impact Fee Moratorium for another year, July 1, 2014 to June 30, 2015 (Exhibit 2). b) Board discussion. c) Vote on motion to recommend to extend the Impact Fee Moratorium for another year, July 1, 2014 to June 30, 2015 continued. 2. Consider any other proposed LDR amendments. MAY 15, 2014 - PLANNING BOARD - PAGE 5 OF 64 6 5 ACTION - DISCUSSION - VOTE Proposed LDR amendments were added for consideration below: The City Council along with the Board of County Commissioners and School Board adopted the collection of Impact Fees. The City's fees are outlined in Code Book Section 71 -13 for Public Works, 71 -23 for Law Enforcement, and 71 -33 for Fire Facilities. Due to economic issues, the City Council has suspended the collection of City Impact Fees since July 1, 2011, on an annual basis. The School Board suspended the collection of their Impact Fees as well, since October 11, 2011. As the Local Planning Agency, the Planning Board has been requested to review the matter and offer a recommendation to the City Council, either to adopt or not adopt the extension of the moratorium to collect City Impact Fees for an additional year, July 1, 2014 to June 30, 2015. Board Member Baughman made a motion to recommend the City Council extend the Impact Fee Moratorium for another year, July 1, 2014 to June 30, 2015; seconded by Board Member Ritter. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCREARY - YEA BURROUGHS - ABSENT BAUGHMAN - YEA BRASS - YEA RITTER - YEA CREASMAN - ABSENT MOTION CARRIED. MCCOY - YEA Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. There were none offered. 466 AGENDA VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. ATTEST: pot,t, Patty Murlhette, Secretary Dawn T. Hoover, Chairperson MAY 15, 2014 - PLANNING BOARD - PAGE 6 OF 6 ACTION - DISCUSSION - VOTE There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:11 p.m. 1 0 22 Dunkin' Donuts City of Okeechobee, Florida SPECIAL EXCEPTION EXHIBIT JOB No.:2014013 SHEET 02 OF 02 EXISTING AND PLANTE BE REMOVED LLI n ®~ 4 I DUNKIN DOUGHNUTS 1 H R 7)C CP) I 1 4997)c) 50(1' ■ b I ' mow., b .0> SITE a BENCHMARK Ll.. " - + ` °� N89 ,.,, 634" (C) 149.85' 150'(P) DRIV I9 TRU ♦ SH35634,9(C) 9- 94(.„) ,to(c) "" SE NAIL , r ,,,.. J' 49.99 (C) 50:P) Ft WINDOW DRIVE —THRU o PICK —UP WINDOW O P "OKEECHOBEE" A BLOCK 153 LOT 11 , C- 12 DRIVE THRU ��_ ONE -STORY CONCRETE BLOCK BUILDING ,_ LOT 9 .I 'lz 0 I. . 1 -, LO 7 — I — 44.ey i (- — i = THE TO � -� _� °' T -- DRIVE—THRU U RE A A ? n Irz+ 0 I-- _ �� M1� 1 (AL!.. EXISTING t h �K $ - PA G 9.4 (, JU �Y) � T` -`^ f,4 » ., , )or( J( f M CL,, n a ,9.a .;: ?;1', -rwl -9. DUNKIN D GH DOUGHNUTS _�,_,,,4 4 h , , , � , 589'54'59 "W (C) 149.82 150'(P) !� - -- -� -- �c1?I o9 »(c - TO REMOV�). rte W= — �"illim Ce X .� h 1 STATE ROAD #70 - -- I PRIMARY VERTICAL I CONTROL POINT CSS G NCRL it bcNUMLNI H141 HRA 5 MSC SMVP:9- -Q72 19::30 9..EVA1CN: 2°.900' !NFORMA ON PER NGS DA'/. MO' * I NOM \ i ..` - �- - 1 NOTE: PARKING SPACES ALONG WEST SIDE OF BUILDING TO BE REMOVED. TOTAL EXISTING PARKING: 26 TOTAL PROPOSED PARKING: 18 3- 15 -37 -35 -0010 -01530 -0070 CITY OF OKEECHOBEE LOTS 7,8 & 9; BLOCK 153 SCALE: 1 " =20' 0 10 20 40 C FIRST BANK OF INDIANTOWN 0.488ac . CALL 4S HOURS BEFORE YOU DIG IN FLORIDA, ITS THE LAW Sunshine Stete 8 One Caii 0 22 Dunkin' Donuts City of Okeechobee, Florida SPECIAL EXCEPTION EXHIBIT JOB No.:2014013 SHEET 02 OF 02 Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Albert Zakhary Petition No.: 14-001-SE Planning & Management Service, Sirect, Suitt. 2.06 Fiona, 239 3366 Serving Florida Local Giivernments Since 1988 Staff Report Special Exception Request Applicant's Name: Albert Zakhary Petition No. 14- 001 -SE General Information Owner / Applicant Applicant Address Site Address Contact Person Contact Phone Number Email Address Future Land Use Map Classification Zoning District Use of Property Acreage First Bank of Indiantown /Albert Zakhary 4993 Highway 441 South Okeechobee, FL 34974 205 NE Park Street Stephen L. Dobbs 863 - 824 -7644 alzakhary@yahoo.com Existing Commercial CBD, Central Business District Former First Bank of lndiantown 0.49 (21,358 sq. ft.) Proposed Commercial CBD, Central Business District Dunkin Donuts & Offices with drive - through service 0.49 (21,358 sq. ft.) Legal Description of Propert Legal: Lots 7, 8 and 9, Block 153, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida Location: 205 NE Park Street, FL Parcel Identification Number: 3- 21- 37 -35- 0010- 01530 -0070 Item << Before the Board ofAd'ustmentr' The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for drive - through service at a proposed Dunkin Donuts retail store to be located in the former First Bank of Indiantown building at 205 NE Park Street The retail store will comprise 1,200 square feet of floor area including the drive - through facility. The remainder of the 5,007 square foot building will be devoted to 2,000 square feet of offices and 1,807 square feet of storage. The retail and office uses and storage associated with these uses are permitted uses in the CBD Zoning District, but drive - through service requires approval of a Special Exception. Serving Hof I oc ;,,A enuuc•m ti Croce I')M Staff Report Special Exception Request Applicant's Name: Albert Zakhary Petition No. 14- 001 -SE Description of the Situation The parcel carries a Future Land Use designation of Commercial and is zoned CBD. The site was previously the First Bank of Indiantown. There was no drive - through ser- vice associated with the former bank. The Applicant is proposing to use the alleyway immediately north of the property to provide access to the drive through service. Ad'acent FLUNG Classification, Zonin • District, and Existin • t Land Use North Future Land Use Map Zoning District Existing Land Use East Future Land Use Classification Zoning District Existing Land Use South Future Land Use Classification Zoning District Existing Land Use West Future Land Use Classification Zoning District Existing Land Use Commercial CBD Retail and offices and single - family homes Commercial CBD Newman AC building beyond which is a vacant lot. Public Facilities PUB Flagler Park Commercial CBD CVS Pharmacy Consistenc . with,, Land Develo • ment Regulations Section 70- 373(b) requires that the Applicant address the following standards for granting a Special Exception, during his /her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. The Applicant's statements are shown in 'Times Roman typeface. Staff comments follow and are shown in this Arial typeface. Et14[ i itizricla 1, t I.rim tfun "1 & 1982+ Staff Report Special Exception Request Applicant's Name: Albert Zakhary Petition No. 14- 001 -SE (1) Demonstrate that the proposed location and site are appropriate for the use. "The site is located in the Central Business District in the heart of town near the busiest intersection in Okeechobee County. This is a perfect location for this business." While the location can certainly be considered appropriate for a drive - through service facility, we have doubts about the site's ability to provide safe and con- venient access and interior circulation and the need to use the public alley to provide access for the drive - through. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. (3) "The site and building are existing and the proposed owner wishes to use the existing lay- out as shown on the exhibits submitted in support of this Special Exception." While the principal use will be located within the building and uses within the building would be compatible with adjacent uses, the same may not necessarily be said about using the public alley to the north for access to the drive - through facility. Despite being zoned CBD, two of the properties on the north side of the alley are single - family homes. Since Dunkin Donut stores are typically open 24- hours for drive - through business (or at the least open in the morning sometime between 4am and 6am and remain open through the late evening hours), these homes will be subject to vehicular traffic and lighting from headlights during hours when such traffic is not usually in the alley. Demonstrate any landscaping techniques to visually screen the use from adja- cent uses; or explain why no visual screening is necessary. "There is no plan to change the landscaping other than the removal of the tree and planter at the southwest corner of the building to allow the drive through to be constructed on the west side of the building as shown on the submitted exhibits." We do not believe there is a fence or vegetation between the two single - family residences and the alley proposed to be used for access to the drive - through service. There should be some form of fence or vegetative buffer, but this would have to be placed on City property assuming this were acceptable to the City. Serrim; Florid& 11/tal4 11111 111 Since 1988 Staff Report Applicant's Name: Albert Zakhary Special Exception Request Petition No. 14- 001 -SE (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. (5) "The nature of the business is all business will be conducted inside the building and there will be no additional potential hazards, problems or public nuisances generated by this change of use." We disagree. Drive - through traffic along the alley and associated vehicle noise and lights during late night or early morning hours may be a nuisance to the adjoining single - family homes. Demonstrate how the utilities and other service requirements of the use can be met. "The only additional utility requirements will be additional electrical service to a restaurant service, which will require an additi 400 amps, all other utilities currently connected to the building are sufficient to meet the demand of this proposed use." We do not expect problems in the provision of utilities or other public services. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "All traffic headed east will be encouraged with the signage shown to use NE 3rd Avenue and then enter the alley to proceed to the drive- through. After FDOT finishes the SR70, Highway 441 intersection improvements, the new curbing will ensure this route. This traffic to continue east will have to enter SR 70, turn right on NE 2nd Avenue, and go around the block to turn east on SR 70. Traffic headed west will have an easier path, they will be encouraged with the signage shown to turn right on NE 2nd Avenue to access the drive - through, then simply exit onto SR 70 to the right and proceed along their previous route." Traffic Generation: The Applicant has submitted an analysis showing the Weekday PM Peak Hour Traffic expected to be generated by the proposed uses compared to that generated by the former First Bank of Indiantown. Estimated trip generation was based on ITE's 8th Edition ITE Trip Generation Report. In summary, we agree with the Applicant's estimates of 43.16 trips for proposed uses compared with 60.68 trips for the former bank. Consequently there will be no increase in peak hour traffic as a result of the proposed use. ;wing Florida 1. 1 1.1overith us S)r 1988 Staff Report Special Exception Request Applicant's Name: Albert Zakhary Petition No. 14- 001 -SE Ingress, Egress and Internal Circulation: We realize the site plan shown as the Special Exception Exhibit is not final and would be subject to change either by the Applicant or as a result of stipulations to the final site plan by the Technical Review Committee (TRC). However, consi- deration of how ingress, egress, internal circulation and the potential for conflicts among adjacent uses must be considered to determine whether or not it is likely that the proposed drive - through facility can be reasonably accommodated within the confines of existing situations in and around the proposed facility. In this instance, we foresee problems with the drive - through facility in its pro- posed location and access in the manner shown on the Special Exception Exhibit./ Given that the alley is currently used to provide access to the rear park- ing for the retail facility to the north as well as providing access to parking in the rear of the Newman AC building immediately adjacent to the east, conflicts are likely. Furthermore, we believe that there is serious potential for conflicts between drive - through customers coming via the alleyway and those accessing the drive - through via the driveway on NE 2nd Avenue, and with vehicles pulling into or out of parking spaces at the north end of the front parking lot. See the aerial at the end of this report for schematic of internal and external circulation. Section 70- 373(0 (1) When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1) -(8). The required findings are listed below followed by the Applicant's state-. ments in Times Roman typeface. Staff comments follow and are shown in Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "The Central Business District is aligned for business such as the one proposed and is absolutely within the spirit or the Comprehensive Plan." We agree that the proposed drive - through service is not inherently contrary to the Comprehensive Plan Soli"„ Florida Io-.iI i:ooGrrnmem, Since 1988 Staff Report Applicant's Name: Albert Zakhary Special Exception Request Petition No. 14- 001 -SE (2) The use is specifically authorized as a special exception use in the zoning district. (3) "According to the City of Okeechobee Code of Ordinances Section 90- 313(1), drive - through services is permissible in this zoning district." We agree, drive - through service is specifically cited as a Special Exception use in the CBD Zoning District. The use will not have an adverse effect on the public interest. "It should have a positive effect on neighboring businesses by attracting people to the area and a positive effect on the public interest." In and of itself, a drive - through service use would not be expected to have an adverse effect upon the public interest. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. (5) "Yes, this parcel is already developed so the urbanizing land use has been established and the business is compatible with all adjacent uses." We do not believe this particular use is appropriate for this specific location given its potential effects including potential vehicular conflicts; and the potential nuisance factors of traffic noise and lights upon nearby residential uses during the early morning hours as set forth previously under the responses to the stan- dards set forth in Sec. 90- 373(b). The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "This change will not negatively impact property values or living conditions, nor deter development of adjacent property as all adjacent property is already developed." Use of the alleyway immediately north of the subject property for access to a drive - through service that is likely to be open late at night and /or during the very early morning hours could be expected to negatively affect living conditions at the two residential uses on the north side of the alleyway as noted previously under the responses to the standards set forth in Sec. 941- 373(b). n1, 1' It) i(a 1 of -aI 1.;( Since 14Rt; Staff Report Special Exception Request Applicant's Name: Albert Zakhary Petition No. 14- 001 -SE (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. (7) "No hazards or impacts are anticipated by this use to adjacent uses." Staffs concern over the potential for noise and lighting impacts during late night or early morning hours on the two residential properties on the north side of the alley could be ameliorated by a fence or vegetative screening along the north side of the alleyway. However, this would require that the fence or screening be placed on the public alleyway or the single - family residences' property and would have to be approved by either the City or both property owners. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "This use will not overburden public facilities including streets and as stated previously the utilities already servicing this site are sufficient for the proposed use." Density is not an issue and it is unlikely that public facilities, including public streets will be overburdened by the levels of utility demand or traffic generated by the proposed use. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "There are no adverse impacts anticipated to the above mentioned categories for this proposed use." We agree. Sarcing Huiitla Loc11 C;ovel )ments Sin Staff Report Special Exception Request Applicant's Name: Albert Zakhary Petition No. 14- 001 -SE Recommendation Based on the foregoing analyses, Staff recommends denial of the requested special exception for drive - through service. Submitted by: Wm. F. Brisson, AICP Planning Consultant May 7, 2014 Board of Adjustment Hearing: May 15, 2014 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses 1'Irarida'.oral Got °cnvnenis •ii)tia 1988 W sir,,, ,, ,%3 4i. Staff Report Applicant's Name: Albert Zakhary Special Exception Request Petition No. 14-001-SE FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS 11 • • Subject Property COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY no MULTI - FAMILY as COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Iefe4rAno, ,.11,104.10.3,444wIlecowwi4v, Serving El rid. Local Governments Since 19SS 9 203 253 Staff Report Applicant's Name: Albert Zakhary Special Exception Request Petition No. 14- 001 -SE n ZONING MAP SUBJECT SITE AND ENVIRONS Subject Property ZONING l♦ CBD - COMM BUSINE: DISTRICT CHV - HEAVY COMMERCIAL _F- LIGHT COMMERCIAL PCB - COMM PROFESSIONAL OFFICE H - HOLDING IND - INDUSTRIAL DJ 5 - PUBLIC FACILITIES PU D -MIXED PU D -R RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOME RSF1 - RESIDENTIAL SINGLE FAMILY RS F2 - RESIDENTIAL SINGLE FAMILY , Serving Florid:: E oc.il Governiinems Since lingS IL A Staff Report Special Exception Request Applicant's Name: Albert Zakhary Petition No. 14-001-SE AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES ete:4723 2012. 27'1 3 • • = Srrving Florickt Loral Governments Since 1988 11 .�' rrr�nrnrrrr am . , ,. „dr,. ,,,,,,,.,. ,.. ,. ,... ..i.,.. j .. 4 i * • '.::-.-":: -' 3 c8. .. gyp^_.. Legend ' '� F SF Drive Through ► 1 1 1 , I it, ..,:rf-,, i . Entering Vehicles '� y ��F - >! Exiting Vehicles ice!! ; SF f: i Non Drive Through , 4r.•. l _ PARKING S ' „...„ - P wpl x.. s. t..,,,,,..,,,,,,,,,,,..,, 11 rj , 4, .., ., . ._ ... 4,,,v.,„ .. 3 t u Vizipli” ;,-.. ' ...-4',*.*'' , r '-' • - .4 ".4 *. a 411"H- aa. 1 ; • I , „ 4 4 'ill.: 41:— .. .. , _ a �t ' l'r.,.',-..-,..- -..-r..i...:,,-, --- 1 2 ..... R`d �p .. -... - �' rz _ awl.....- , in 1 4 "'max* ; i aT b,? II 111 f e.:�.;•_,+,.*,w++�w« «.,+raa+::xiw..�^+.z*s.. >, - .. ....- . «. ' 3.,r -' - «,uvrr.av`�.. e - 1,-• . ;�« ,ter,,; a c. 6 ..na �� ^�Y.mgr 'w6�'z m. -a�,re: . <^„ war.^°•, ,rum. ♦vL t ,, ,. � , �. � a.rrnwa5a...H_,ww. ._ --- - a cr .7 , 4 } , } ., .T .„4„;,,.,:i--:::;-... =rs,Y � u � � «z a �*��.' � a � �,.:...� ,� ,. ,� .:« F CCD �� n y' 7J m-o x o o 0 70 fD (D Dunkin' Donuts Traffic Projections and Analysis Conversion of a former Bank Building into a Drive Through Restaurant Development for Albert Zakhary City of Okeechobee, Florida Prepared April 2014 By: Steven L. Dobbs, P.E. # 48134 Steven L. Dobbs Engineering, LLC Florida Certificate of Authorization No. 29206 1062 Jakes Way Okeechobee, FL 34974 1 Introduction: The purpose of this report is to the City of Okeechobee the information needed to assess the impact of conversion of this property from a Banking Facility to a Drive - Through Restaurant Facility. The site is approximately 0.5 acres in size and used to house Harbor Community Bank, formerly known as the First Bank of lndiantown is located in Sections 15, Township 37 South, Range 35 East. It is located in Okeechobee County, on Highway 70 E, on the following parcel (Parcel ID 3- 15- 37 -35- 0010- 01530- 0070). The site is currently fully developed. The future use will be a Drive - Through Restaurant. Traffic Data Analysis: The use classification for the existing use is Walk -in Bank (911) and the future use will be Drive - Through Restaurant and office space. The existing square footage for the bank is 5,007 according to the Okeechobee County Property Appraiser's website. Of this existing square footage, all of it will be classified as Walk -in Bank. Walk -in Bank Usage Walk -In Bank Land Use: (911) Building Size: 5,007 sf Average Vehicle Trip Ends vs 1,000 sf Based on 8th Edition ITE Trip Generation Rates Weekdays Weekdays = Peak PM Traffic Equation Average Trips Trips Trips Entering Exiting Rate Total Entering Exiting 44% 56% 12.12 60.68 26.70 33.98 The Drive - Through Restaurant will break the existing space down as follows: 1,200 sf, Drive - Through Restaurant, 2,000 sf Offices, 1,807 sf Storage. The use classification for Drive - Through Restaurant is 934 and the General Office is 710 and the Traffic Generated is broken down below: Drive - Through Restaurant Land Use: Restaurant with Drive - Through (934) Building Size: 1,200 sf Average Vehicle Trip Ends vs 1,000 sf Based on 8th Edition ITE Trip Generation Rates Equation Average Trips Trips Trips Entering Exiting Rate Total Entering Exiting Weekdays Weekdays = Peak PM Traffic 44% 56% 33.48 40.18 17.68 22.50 2 Offices Land Use: Building Size: General Office (710) 2,000 sf Average Vehicle Trip Ends vs 1,000 sf Based on 8th Edition ITE Trip Generation Rates Equation / Average Trips Trips Trips Entering Exiting Rate Total Entering Exiting Weekdays Weekdays = Peak PM Traffic 44% 56% 1.49 2.98 1.31 1.67 Based on the proposed new use of the building, the total traffic generated is actually less than the original use. This section of SR 70 two east bound lanes and two west bound lanes with a turn lane in the middle with no left hand turn to the west of this site on NE 2nd Avenue, but a full intersection at SR 70 and NE 3rd Avenue to the east of the site. The current FDOT Right of Way is built out with plans from FDOT to improve the intersection in the near future with two left hand turn lanes to the south on Highway 441. Part of the improvement is to install a concrete curb to prevent a left hand turn onto NE 2nd Avenue. This is currently striped that way with no physical constraint to limit that maneuver. The posted speed limit is 25 MPH with a signalized intersection 1 block to the west and a flashing yellow light 1 block to the east and the average annual daily traffic from FDOT's information for this segment of road is 26,500 trips. FDOT would not warrant any improvements on or off site other than making the exit onto SR 70 a right out only. MEMORANDUM TO: Planning Board Members FROM: DATE: May 8, 2014 SUBJECT: Exhibit 2 Board Secretary Burnette Recommendation on extending Impact Fee Moratorium for 1 year As you are aware, the City Council along with the Board of County Commissioners and School Board adopted the collection of Impact Fees. The City's fees are outlined in Code Book Section 71 -13 for Public Works, 71 -23 for Law Enforcement and 71 -33 for Fire Facilities. Due to economic issues, the City Council has suspended the collection of City Impact Fee's since July 1, 2011, on an annual basis. The School Board suspended the collection of their impact fee's as well since October 11, 2011. The City Council will be considering extending the suspension another year at their M a y 2 0 t h meeting. As the Local Planning Agency, the Planning Board has been requested to review the matter and offer a recommendation, by motion, to the City Council, either to adopt or not adopt the extension of the moratorium to collect City Impact Fee's for an additional year, July 1, 2014 to June 30, 2015. Thank you. City of Okeechobee Planning Board /Board of Adjustment and Appeals Patty's Hand written Minutes May 15, 2014 Pg 1 of I. Call To Order - Chairperson: Chair Hoover called the May 15, 2014, Planning Board /Board of Adjustment and Appeals Regular Meeting to order at CO: DO p.m. II. Chairperson, Board Member Staff Attendance - Secretary. III. Minutes - Secretary. A. Board Member c�"( moved to dispense with the reading and approve the Summary of Planning Board /Board of Adjust ent and Appeals Action for the March 20, 2014 regular meeting; seconded by Board Member Discussion: VOTE PRESENT ABSENT (W OR W/0 CONSENT) Chairperson Hoover NONVOTING ABSTAINED Vice Chairperson Burroughs ✓ ✓ Oiltico 5e rtf Board Member Baughman ✓ Board Member Brass Board Member McCoy V Board Member McCreary V Board Member Ritter V Alternate Board Member Creasman ✓ t/ 1 /Co.sefit Alternate Board Member (vacant position) ---- Planning Consultant Brisson, Senior Planner MCCOY Board Attorney Cook Board Secretary Burnette 1/ ,./' III. Minutes - Secretary. A. Board Member c�"( moved to dispense with the reading and approve the Summary of Planning Board /Board of Adjust ent and Appeals Action for the March 20, 2014 regular meeting; seconded by Board Member Discussion: VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ BURROUGHS i✓ BAUGHMAN V BRASS ✓ MCCOY MCCREARY ,./' RITTER ✓ CREASMAN - �� RFSUL TS. (C.ARRIFD , DFNIFD I May 15, 2014- PB /BOA Minute Guide - Page 2 of IV. Agenda - Chairperson. A. Chair Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. NOt V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. 4■0/ A. Petition No. 14- 001 -SE, submitted by Albert Zakhary on behalf of property owner, First Bank ofty; Indiantown /Harbor Community Bank, to allow drive - through service within the Central Business Zoning District (Ref. Sec. 90 -313 (1)) and located at 205 NE Park Street. Legal: Lots 7 to 9 of Block 153, City of Okeechobee, Plat Bk 5, Pg 5, Okeechobee County public records, containing approximately 0.488 acres. The proposed use is for a Drive -Thru Dunkin Donuts (Exhibit 1). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 001 -SE will be required to take n oath, respond, and give your full name and address). Lai (p I,L1 rtirt ri pE 5ZU En-lr)e,er A be. 1- 0�� a :L. ,34crl 2. Hear from Planning Staff. 0 r 1: -1--e ct. 3 , (1 .+'i c r c, r U-A1 a cam. n 41: p,lel V (2. kA:. L ui.r.A' LA\ h ) fi i y yvkQ is rd-e., Mai 0 t r a.i c1h ea : 1 ,4 u re_ ofvt,oteriks d,enitd 11. S 149iCa O- 7(1 r\ -4 1" 2 t'` \ ,,,,yy � 5I� iS Q(�ecptct 1-6 Uc O�rnr -ttt \jQl1n s rI 4 Ck lay = °cz , al) e Le ceurf- Mtt .1- el) / ti ore_ s- --Pt n s( 5pet_e_L5 (A) n0/441 pCulu'n) tio;inci cLitat (,)cui ,Pcfrivan efbs 471-74 cPD:5=6i ri t.-c n (e(0- .en 1-r-ctock, 10 ac,_ rriatau, May 15, 2014- PB/BOA Minute Guide - Page 3 of 1 t:)16'i.' ctccess - -k- :(I caLe („ I (.49A44_ - 1)..e cd u4e heacto,,H Se vtra- 6ttoj /6' cf-t, - P-4 tel ct...ctcs 1,99 4---O p boo (Lititz_ c/t p tce,nni,--1-1i 4-0 A.,n le-45e_c f-1,60 Lt bdi CI d 0 J25, rcik-ct tut, n 6 44- .! -ft_ c, C SP o ety-ti5, tDovi- poriu■ Cn 1-1 LL (iLkt-e-CL hs"-- tA.s/C1.40,1 C.CW1PkteVit-5— -1-- lo_ to t( 4 0 0-c( 0-foir..cekcle 6.-t) v'.L.11,,,,,,,(1')(c. • at,-4-4-i-e. (1.0,. 6o-4 t.s,4-e.,d (N6 V\ c\'tju' CA, (2)-Lclk 100;s O- t let - 4 tro Oai c-Ylk -C, toe. IT\ clAc toui-AA,}) (--Ke,utte.f.JP ..)-)" 1,4° 4 f■-t .LV101,t Ta-12/102A( SIOCAM. t'h cuci , \;.34,i I ,,...1,,, kkw 0,0 taL OUP Lact rtc i— 0 e alk_ CA-6-->n LI-Lk eLittct t* re 4--ructe_. • "36 - et •eu ALAiv-u r ni kj_ olkktf (i.cj C c LA-6 4/rcLi-Vc 510,04 Bi,uAttcal /GI 41 ii;as. U5tit 4-z) pj- 4-C- `4A(kl-V (Cri La.A pa-O- CT:41d_ eivva- 414 LI "-4, 1.4 4i Otil-t OCL.Q41-'0C-411-S i ruts 3 ryl,cLci; er pa= bie--,v1v, 4 (VP A vt. 6{,n tuatli is 3 tt s LLt 0019 re, &mn 4-o A(Prk--, b.b+ U.L.tutts Polo s-1-4‘x- / LJ ilLe. 1- dud- May 15, 2014- PB /BOA Minute Guide - Page 4 of 3. Hear from the Property Owner or designee /agent. On, inc- Gf It ct cLutt cct-tnl4 •tt t.t.eti u?c x50.1 'f^ -4-4u -iCtc GLAA -Le c S rLittt s‘xx May 15, 2014- PB /BOA Minute Guide - Page 5 of 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. tar go cairts r C n n , -s recd, b t Sew o c,I,c:: 5e,, +-c) L \t f a-i1 a.n4 -e 5. Disclosure of Ex -Parte Communications' by the Board. (_ (akii mct 6. a) Consideration of a motion to approve or deny petition. Board Member c Jh "Aetxt moved tot .pro /deny Petition No. 14- 001 -SE, submitted by Albert Zakhary on behalf of property owner, First Bank of Indiantown /Hare. 'ommunity Bank, to allow drive - through service within the Central Business District Zoning District (Ref. Sec. 90 -313 (1)) and located at 205 NE Park Street. Legal: Lots 7 to 9 of Block 153, City of Okeechobee, Plat Bk 5, Pg 5, Okeechobee County public records, con fining approximately 0.488 acres for the proposed use of a Drive -Thru Dunkin Donuts; seconded by Board Member ! r` aftet.41A. b) Board discussion. c) Vote on motion. May 15, 2014- PB /BOA Minute Guide - Page 6 of 7 VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER V BURROUGHS a ''" / BAUGHMAN V BRASS t/ MCCOY ✓ MCCREARY V RITTER ✓ CREASMAN _ i RFSIIL TS. CARRIFD DFNIFD CLOSE PUBLIC HEARING - Chairperson. � , DID VI. NEW BUSINESS. A. Discuss proposed amendments to the Land Development Regulations - Chairperson 1. a) 1. Consider a recommendation to extend the Impact Fee Moratorium for another year, July 1, 2014 to June 30, 2015 (Exhibit 2). Board Member made a motion to recommend the City Council extend the Impact Fee Moratorium for another year, July 1, 201, to June 30, 2015; seconded by Board MemberH f b) Board discussion. May 15, 2014- PBIBOA Minute Guide - Page 7 of c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER / _.URBQUGHS BAUGHMAN BRASS MCCOY MCCREARY RITTER CREASMAN ` / RFSIII TS" CARRIFD DFNIFD 2. Consider any other proposed LDR amendments. VII. ADJOURN - Chairperson l 'Per Resolution No. 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863 - 763 -3372. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. DEPENDENT NEWSPAPERS OKEECHOBEE NEWS NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 101S S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three tunes a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a , in the matter of in the 19th Judicial. District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, .Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Tom Byrd Sworn to and subscribed before me this r,fj;i i "1 day of t i Notary Public, State of Florida at Large AD Agt ANGIE BRIDGES t:: MY COMMISSION # EE 177653 4 r EXPIRES: April 20, 2016 Bonded Thn, Notary Public Underwriters (863) 763 -3134 NOTICE OF CITY PLANNING BOARD MEETING NOTICE: The City of Okeechobee Planning Board will meet as the Local Planning Agency on ThLyuursday, May 15 2014 at 6 PM, or as soon there- after consider a��proposed.>amen�dments 3rd Ave, h adopted Okeechobee, a Delopmenntt Regulations (LDR's), subinitted by Oty Staff or citizens. All amendments are forwarded vAth a recommendation, to the City Council for final considera- tion. Item(s) of discussion submitted to date are, but not limited to: Amend Code Book chapter 71, Articles II, III, and IV Impact Fees, by pro- viding for an extension of a moratorium for the co(Iection of impact fees from July 1, 2014 to June 30, 2015, for Sections 71 -13, Public Works Im- pact Fees Schedule; 71 -23 Law Enforcement Fadlroes Impad Fee Schedule; and 71 -33 Fire Impad Fee Schedule. All interested parties are encouraged to attend. Please contad General Ser- vices at 863 -763 -3372, or website, dtyofokeechobee.com, to obtain a copy of the agenda or to view the proposed amendments. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding is made and the record Includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities FDA), any person with a disability as defined by the ADA, that spatial accommodation to par- ticipate in this proceeding, contact the Genera Office no later than two business days prior to proceeding, 863- 763 -3372. BE ADVISED that should you Intend to show any document, picture, video or items to the Planning Berard in support or opposition to any item on the agenda; a copy of the document, picture video, or item must be provided to the Board Secretary for the City's records.. BY: Brian Whitehall, Zoning Administrator 465312 ON 5/9/2014 le NDEPENDEiIiT MEM NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 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 I''-' (.__ -_ • r.i in the hatter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 3<.r C) i f Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, :Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, corn - mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Torn Byrd Sworn to and subscribed before me this ■ day of Notary Public, State of Florida at Large AD °v ANGIE BRIDGES a0 a . :s: MY COMMISSION # EE 177653 - EXPIRES: April 20, 2016 4.:O :he Bonded Thru Notary Public Undeiwiters (863) 763-3134 PUBLIC NOTICE CONSIDERATION OFA PROPOSED SPECIAL EXCEPTION A PUBLIC HEARING will be held before the City of Okeechobee Board of Adjustment and Appeals on Thursday, May 15, 2014 at 6:00 p.rn. or as soon thereafter as possible, at City Hat, 55 5E 3rd Ave, Council Chambers, Rio 200, Okeechobee, Florida. The agenda is available on the City website www.cityofokeechobee.com, or contact the General Services Department, pburnette @citlotokeechobee.com, 863- 763 -3372 x 218. Under consideration is Special Exception Petition No. 14- 001 -SE, submit- ted by Mr. Albert Zakhary, Representative, on behalf of property owner, First Bank of Indiantown /Harbor Community Bank, to allow a Drive- through service within a Commercial Business District (CBD) Zoning District, ref. Code Book Section 90- 313(1). The proposed use is for a Drive -Thru Dunkin Doughnuts. Property is located at 205 NE Park Street, Legal: Lots 7 to 9 of Block 153, City of Okeechobee, Plat Book 5, Page 5 Okeechobee County public records, and is approximately 0.488 acres. All members of the public are encouraged to attend and participate in said Hearing. The . entire petition may be inspected during regular business hours, Mon -Fri 8am- 4:30pm, except for holidays. The Board o� Adjustment and Appeals serves as the decision making body (quasi- judicial), on behalf of the City, to approve or deny Special Excep- tions. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a ver- batim record of the proceeding is made and the record includes the testimo- ny and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as de- fined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863 -763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video, or Rem most be provided to the Board Secretary for the City's records by: Brian Whitehall, Zoning Administrator Petition No. 14- 001 -SE 465107 ON 4/27;5/7/2014 Requests for the addition, deferral or withdrawal of items on today's agenda. .uosaadneg3 - V N3OV 'Al Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the March 20, 2014, regular meeting. 'An10a38S - S31f1NIW F- 0 co D. n co > D co 0 0 co co < N `� N N CD N N 0 co N ((p N a�a3 3 aaaaan-a m o °=' D- m 0 0 0 0 K� o o CD o cn o o_ n �. 0 0 co 3 3 5 5) 5) -a o O o Q o- Cr C- CD v Q a co cP o co (o w p m° o v m o 0 0= 0 v c a° (° v' =-- -� _ 7/ 3 3 om '� m X7 0- 6 �7 � n CD co W o W • (D CD �: O N C `< O c W o m m W� W m .-. co 0 •.0 0 = O O co n n c N a cn (1) > o = o co z o n) (/) m _ --1 = D o m m m -1 o m z 0 D z 0 m a 0) 0 m C-13 m I. CALL TO ORDER - Chairperson: May 15, 2014, Planning Board /Board of Adjustment and Appeals Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Okeechobee, FL. PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MEETING 3360H033 )10 J0 ,kJJ3 MAY 15, 2014 - PB /BOA AGENDA - PAGE 2 OF 2 V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. 0 U a) ^ V) o O .-. (/) 0 .0 'aa L a, @ co a) x a O Y W ca o E 4) T O @ �, c0 c cn O LC) _Y '5 _ C >, O 8 a) -Y m = O) C L a @ o E_ c m O) 0 @ T C O a E N @ N E o O J O - U @ .(n is O) O -0 0 V) c J n co @ • a) _ Z. N m O - O C Y o C) @ (6 @ 0- 4) "O a o O. U z V) o u') vi a 0 O 2 _ (u N m @ w m (` a) w w c U O �o O 0 O T 4 -O 0 a) 0 E z E X c O o z O O N o_ (,.) a O c a) O P_ (;-) @ a c 0 c o c c C13 CD 0 O ' c s CI) c E c m Q p 0 O @ T Q N T 0 @ _ U` 0 L .0 O p 0 U .C] a Y C 0 O) 0 0 0 o a) -c ° -o E 0 o 0 ZT _0 -o D_ .� O c O ._ c Q Q, o T .0 C C E o O N -27' 0 .o E -a 0> c 0 y O c o 0 0 o U o mcA o- o 0 O) -Co @ E N 0 0 p d@ . O 4 c CO 0 W .(0 N U co N C w Oc o co 0 c a) o�_c E o .o u o o m O 43 E E o °) (° E O W O O U n o =p c V C Lp C `•- "- U 0 N -O O 70 En c 0 E (O (6 _ C @ 0 U _ Z a)� <M2d0UCO> c Y o c CO 0 3a 0iriv Lc; co CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. X w LO O O M 0 O 'cY O N (a 0 0 L 0 c O0 _ 'C6 0 E (n O 0 @ o 0 0 C U - 0 @ E d C o E o ] _ C 0 o ° E 0 @ C X @ a) 0 p -J 0 J 0 L C 0 0 '0 0 O - 0 C C 0 0 Q E E E c O —O E N @ c @ 0 0 ° 0 'O d N Q c o 0 0 o O 0.0 U ) N VII. ADJOURN - Chairperson. o m 'oo a=i _ a a x a) E � m i n n o c ~ N o 4.- O O m n E m 0 N OU m P o 'm ti a o ° .c) _O U U 'O a O a 5 S a) o ai '� c ,2o aa) o O N _� a) U 3 0 O- G ° -- o_ c 0o y E 45 .0 -o E a O a) ° U m .c E a) C o Q Co 0 a) a a) n io Q) 5 0 m m n U 0 E �O N o m .9 3 a .) .2 .0 co U G o . = j N a U O EW .0 ■m 0 o) o 9G m m E E ° = s o CD m m E m G ` m 0 o m E 0 6- m .0 4,-- a) U ° o N O Q� Co m 0 0 'oO O ci -G Q) a) Q. 3 N G O 09 0 N -6 - a ° m °- o C o a) -O Q .p Q O a) 15 m _ Q O O E m _ n `o Z'3 n m .) ti E a) c -`c ° y n c a a) �° `tom ) CO . o -G m a) 0, N a .0 >, .5.. E m ,G 0 a 0 d y h c, • E O m O o M a m (is M m 0 N a) O) N Q) a`°) G b G (") a a Gm U Co O C 0. an d Q g o N G O =a n .-= . C a E m o . c ° m E Q o D n E Hill Q O U ° U a ° c j a).Q 3 co o t a .c ° =. no c °p a m 2a 3 o m o O E m Q m .G N = a ca n al G `a 0 C h E; c m Q m.5 ° 0 O m O u ° a m m ■ ° c O m E_ .°c o U 2 Q m 6' a) W co m m O .h 3 =° m 0 g E o z °) 0° 5 v) O U a : ;v, a _v U _m = a) m o w 7 Q., "a a G E ° Cr a 0 0 a Cr ` > U m a > E m m m.G z Q m a m o Q rs -E 0 a o Exhib It 1 i hobee D Date: 3/3//(4 Petition No. /+-j-- ; j._ l= Fee Paid: 7 1st Hearing: 5j/151/ 2 na Hearing: Publication Dates: (.10q 11 . Notices Mailed: L_/ /:) t Rezone, Speciaifxception and Variance APPLICANT INFORMATION 1 N Name of property owner(s): First Bank of Indiantown 2 O Owner mailing address: P.O. Box 365 Indiantown, Florida 34956 3 N Name of applicant(s) if other than owner Albert Zakhary 4 A Applicant mailing" address: 4993 Highway441-3, Okeechobee; fL -349-7 4_______- __._.___._ (Rev 01/12) Page 1 of 11 Confirmation of Information Accuracy 1 hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Albert Zakhary Date April 3, 2014 For questions relating to this application packet, call General Services Dept. at (863)-763-337Z Ext. 218 (Rev 01/12) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicants statement of .interest in property: Drive -Thru Dunkin Doughnuts - Offices 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B 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. 20 Last recorded warranty deed: 21 -Notarized -from letter of Consent property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11§ x 17 §) containing: a. certified boundary survey, date of survey, surveyor -s name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraisers Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy 1 hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Albert Zakhary Date April 3, 2014 For questions relating to this application packet, call General Services Dept. at (863)-763-337Z Ext. 218 (Rev 01/12) Page 2 of 11 STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:19] Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. See Attached responses to these Standards 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (Rev 01/12) Page 8 of 11 ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: Drive -Thru Dunkin Doughnuts Drive. '-1-4 -wc,, xp Se rvt c B Are there similar uses in the area? No (X ) Yes If yes, briefly describe them: There is a Drive -Thru McDonald's - Two blocks down C If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:19] Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. See Attached responses to these Standards 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (Rev 01/12) Page 8 of 11 March 31, 2014 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Dunkin' Donuts City of Okeechobee, Drive Through Special Exception Standards for granting a special exception: 1. Demonstrate that the proposed location and site are appropriate for the use. The site is located in the Central Business District in the heart of town near the busiest intersection in Okeechobee County. This is a perfect location for this business. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain who no specific design efforts are needed. The site and buildings are existing and the proposed owner wishes to use the existing layout as shown on the exhibits submitted in support of this Special Exception. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. There is no plan to change the landscaping other than the removal of the tree and planter at the southwest corner of the building to allow the drive through to be constructed on the west side of the building as shown on the submitted exhibits. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. The nature of the business is all business will be conducted inside the building and there will be no additional potential hazards, problems or public nuisances generated by this change of use. 5. Demonstrate how the utilities and other service requirements of the use can be met. The only additional utility requirements will be additional electrical service to a restaurant service, which will require an additional 200 — 400 amps, all other utilities currently connected to the building are sufficient to meet the demand of this proposed use. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. All traffic headed east will be encouraged with the signage shown to use NE 3'd Avenue and then enter the alley to proceed to the drive - through. After FDOT finishes the SR 70, Highway 441 intersection improvements, the new curbing will ensure this route. This traffic to continue east will have to enter SR 70, turn right, then turn right on NE 2nd Avenue, and go around the block to turn east on SR 70. Traffic headed west will have an easier path, they will be encouraged with the signage shown to turn right on NE 2 "d Avenue to access the drive- through, then simply exit onto SR 70 to the right and proceed along their previous route. 1062 Jakes Way, Okeechobee, FL 34974 Phone: (863) 824 -7644 CeII: (863) 634 -0194 Email: sdobbs @stevedobbsengineering.com Website: www.SteveDobbsEngineering.com Findings required for granting a special exception: 1. The use is not contrary to the Comprehensive Plan requirements. The Central Business District is aligned for business such as the one proposed and is absolutely within the spirit of the Comprehensive Plan. 2. The use is specifically authorized as a special exception use in the zoning district. According to the City of Okeechobee, Code of Ordinances Section 90- 313(1), Drive - through services is permissible in this zoning district. 3. The use will not have an adverse effect on the public interest. It should have a positive effect on neighboring businesses by bringing attracting people to the area and a positive effect on the public interest. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Yes, this parcel is already developed so the urbanizing land use has been established and the business is compatible with all adjacent uses. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. This change will not negatively impact property values or living conditions, nor deter development of adjacent property as all adjacent property is already developed. 6. The use may be required to be screened from the surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. No hazards or impacts are anticipated by this use to adjacent uses. 7. The use will no create a density pattern that will overburden public facilities such as schools, streets, and utility services. This use will not overburden public facilities including streets and as stated previously the utilities already servicing this site are sufficient for the proposed use. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. There are no adverse impacts anticipated to the above mentioned categories for this proposed use. Sincerely, Steven L, Dobbs, P. E. President IAPR tQ 7 2014 April 4, 2014 City of Okeechobee 55 3rd Avenue Okeechobee, FL 34974 RE: Special Exception Dear Sirs: HARBOR 1 COMMUNITY BANK Banking the way it used to be. Harbor Community Bank, the owner of the building located at 205 NE Park Street in the City of Okeechobee with parcel number 3- 15- 37 -35- 0010 - 01530 -0070, is aware that Mr. Albert Zakhary is applying for a Special Exception with the City of Okeechobee and he has our permission to do so. The property in question at Park Street is shown on County records as being owned by First Bank of Indiantown, however in February of 2011, a group of local Community Bankers acquired the First Bank of Indiantown and changed the name to Harbor Community Bank. I am authorized on behalf of First Bank of Indiantown /Harbor Community Bank as its Vice President to make this request. Please feel free to contact me at 772 - 409 -2353 should you have any questions. Sincerely, Gi`ergorjr Hallam Vice President / Special Assets 11-Mri-1 I hereby certify that this document was acknowledged before me this 1st day of April, 2014, by J. Gregory Hallam, as Vice President of Harbor Community Bank, a Florida corporation, on behalf of the corporation, and who is personally known to me and who did not take an oath. ✓ tC " Notary l ublic '`) My Commission Expires: LI — - -1 My Commission Number:`3 I Y °w <f 4 TIFFANY NESTO R nf MY COMMISSION # EE881931 EXPIRES: April 06, 2017 2222 Colonial Road, Suite 100 Fort Pierce, Florida 34950 e—Stx. 3,lgs� r adID MM= 3- 15- 37 -35- 0010 - 01530 -0070 Gnrec 91 Tut R E T U R N .,0!:33:.:1656 Doamsam y) Stamps ENO IR OW 401000 of Class C MOTs Tare paid it Vas amount of S Shane Raoalloa, Cdd s Omt O pal - « ,r�.ca n% . er:,444.•,.,['01 LLGIN.D.C. Data 5- If -aunt, Warranty Deed This Indenture, Made this er... day of May, 35 0 0 A.D. , BtO melt ESTEE INVESTMENTS, INC., a corporation existing under the laws of the state of Florida a/ the ea. ty a Broward FIRST BANK OF INDXANTOWN, of the state of Florida sup al Florida , marauder, sad a corporation existing under the laws wbostwdrssicP.O. Box 365, Indiantown, Florida 34956 ol the County of Martin Witnessed: that the GRANTOR, for sat and other pod and valuable ble panted. bargained and sold to situate, bias and Wag in the Lots 7, 8 and 9, thereof recorded i Okeechobee County, , suttol Florida ,grandee. in consideration of the sum of & NO /100($10.00) OOUAR& A is bend paid by GRANTEE, the 'writ* whereat it hereby adaorledewd, bas and GRANTEES soomoa sad snips lamer, the folbnm%dnaibad lead, echobee mom a Florida to wit , OKEECHOBEE, according to the plat ok 5, Page 5, public records of SUBJECT to restrict if any, which are not December 31st, 199 ations and easements of record, hereby, and taxes subsequent to 331620 and the grantor does hereby luny wansot the dUc to said land, and win defend the same spina lawful daises of.Y persons witeesocvcr. le WitneSS Whereat; the puwor bin hereunto set his hand teal tee day nod year first abate wdttsa. INVESp7S, INC. Sfgned, sated and tk3irered io err presence EST • & PA 'd1 By. Carr �� (srr) Printed Names %l %r .SCOTT RIZNICK, Vice President Wit - $ ;i _ _ P.O. Addtm 1005 S.W. 15ta Tama. Fort laudetdsle, FL 33372 Pr nt Witne s Name : L�,✓a l2AJrc k STATE OF FLORIDA (Corporate Seal) COUNTY OF BROWARD The foregoing larnuneat was acknowledged Won we tar J day of May, 2000 y SCOTT RIZNICK, Vice President of- STEE INVESTMENTS, INC., ,Florida corporation, oe beware/the cc.porstion. iic is ptrtaud)y known to one or has produced his Drivers License as )dr..u$^01aa. This Dowmtal Prepared Dy. 1„ 70M W. COWLS, fA COMM a COMM P.A. POST PFICA DRAWER D367 - --- 19IO3OWBE*U, rt. 31973 -1367 IrnoN Printed Baulks): 54 500 J • hors±. --}i NOTARY PUBUC ; 3r y„ Sown 1 Moradi My Commirsioa Espirec f, . WYCOMM4310N a m036 EXRES (pw., ss.,., s . isa •sr March 19, 2002 Mil 76f.Sflf /w. tr.ODd { IMOD MFa ra01,M10a1a41a. INC Dunkin' Donuts Traffic Projections and Analysis Conversion of a former Bank Building into a Drive Through Restaurant Development for Albert Zakhary City of Okeechobee, Florida Prepared April 2014 By: Steven L. Dobbs, P.E. # 48134 Steven L. Dobbs Engineering, LLC Florida Certificate of Authorization No. 29206 1062 Jakes Way Okeechobee, FL 34974 1 Introduction: The purpose of this report is to the City of Okeechobee the information needed to assess the impact of conversion of this property from a Banking Facility to a Drive - Through Restaurant Facility. The site is approximately 0.5 acres in size and used to house Harbor Community Bank, formerly known as the First Bank of lndiantown is located in Sections 15, Township 37 South, Range 35 East. It is located in Okeechobee County, on Highway 70 E, on the following parcel (Parcel ID 3- 15- 37 -35- 0010- 01530- 0070). The site is currently fully developed. The future use will be a Drive - Through Restaurant. Traffic Data Analysis: The use classification for the existing use is Walk -in Bank (911) and the future use will be Drive - Through Restaurant and office space. The existing square footage for the bank is 5,007 according to the Okeechobee County Property Appraiser's website. Of this existing square footage, all of it will be classified as Walk -in Bank. Walk -in Bank Usage Walk -In Bank Land Use: (911) Building Size: 5,007 sf Average Vehicle Trip Ends vs 1,000 sf Based on 8th Edition ITE Trip Generation Rates Equation Average Trips Trips Trips Entering Exiting Rate Total Entering Exiting Weekdays Weekdays = Peak PM Traffic 44% 56% 12.12 60.68 26.70 33.98 The Drive - Through Restaurant will break the existing space down as follows: 1,200 sf, Drive - Through Restaurant, 2,000 sf Offices, 1,807 sf Storage. The use classification for Drive - Through Restaurant is 934 and the General Office is 710 and the Traffic Generated is broken down below: Drive - Through Restaurant Land Use: Restaurant with Drive - Through (934) Building Size: 1,200 sf Average Vehicle Trip Ends vs 1,000 sf Based on 8th Edition ITE Trip Generation Rates Equation Average Trips Trips Trips Entering Exiting Rate Total Entering Exiting Weekdays Weekdays = Peak PM Traffic 44% 56% 33.48 40.18 17.68 22.50 2 Offices Land Use: General Office (710) Building Size: 2,000 sf Average Vehicle Trip Ends vs 1,000 sf Based on 8th Edition ITE Trip Generation Rates Equation Average Trips Trips Trips Entering Exiting Rate Total Entering Exiting Weekdays Weekdays = Peak PM Traffic 44% 56% 1.49 2.98 1.31 1.67 Based on the proposed new use of the building, the total traffic generated is actually less than the original use. This section of SR 70 two east bound lanes and two west bound lanes with a turn lane in the middle with no left hand turn to the west of this site on NE 2nd Avenue, but a full intersection at SR 70 and NE 3rd Avenue to the east of the site. The current FDOT Right of Way is built out with plans from FDOT to improve the intersection in the near future with two left hand turn lanes to the south on Highway 441. Part of the improvement is to install a concrete curb to prevent a left hand turn onto NE 2nd Avenue. This is currently striped that way with no physical constraint to limit that maneuver. The posted speed limit is 25 MPH with a signalized intersection 1 block to the west and a flashing yellow light 1 block to the east and the average annual daily traffic from FDOT's information for this segment of road is 26,500 trips. FDOT would not warrant any improvements on or off site other than making the exit onto SR 70 a right out only. 3 CD CD CO CO C) CO CO r- CD el uj r- es! 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Fi co co co 7? r? r? r? r? • ■ ■ ■ ■ . 4 C) r) r) r•-; r? r? c? r's r? r? rl rl r? r? r? r? r? r? r? EE (_') AAAAAAAAAAA ;7) ;) ;7) 7.) Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers -of- all parcels and tracts within three hundred(300) feet- not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of March 26 2014 and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this March , 2014 28th March 28, 2014 day of Signature of Applicant Date Albert Zakhary Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this 1 day of VO.x C�! , (DO \LA . Personally known to me or producedVL 22 &a .) - CaG -7 O °~'was` Identification and did not take an oath. Notary Pu • c; St to of Florida (Rev 01/12) Seal: ' a— — a a ■ a AM- JIM, + '. 4 ,� .4.4 JAMIE BRAMMEIER I ``�o rwr pUe'''. r » , �s Notary Public State of Florida ( • � r±� ; • I My Comm. Expires Oct 29, 2016 6 ;Q , r= Commission # EE 847395 4 °", 4,`,i Bonded Through National Notary Assn. Page 3 of 11 OZ40£L64El3 9SZSVL60Eld 339014033)40 339014033 )40 OZ 4 X09 d iS 4i94 MS 004 VS3N3Hl 8 0 13VHOIW NMO2f8 W 3SOd 8 W OIAVO NO1NO0 OZ00.OES40- 0400-5£•L£•S4-£ 0440•O£940- 0400•C6•LE•94•£ 9960£L64E14 3390H033)4O 996 X09 0 d C'r) 0N1 ONINOWONOD HIV NVWM3N z LC) 0040 - 0£940•0400.96-L£•94•£ nXX w o^S' v,9WW a co F- 9141°0S U Z o00°, f.:2, '3: Z0 aLLmW4 7 8 t S'' 0 ,,,,OOWI OZC."o r a LL O °L.xZ M QOm,,.ar, 1 p r, A A z a_ Z J 4 a Ls- .r r,� Ma L. IS/MAPPING DEPARTMENT o"0 o � 6• ENGINEERS PROJECT No. 2014 -013 0 CC C 14:43 r 0 Na D m/� z �/ iZ H 3 mti v 0 m 441 N. 0 0 N SPECIAL EXCEPTION EXHIBIT 133HS M3AO3 S133HS 10 X]aNI