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14-001-SE First Bank of IndiantownAy of Okeechobee ,neral Services Department 55 S.E. 3'd Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 3/3Il `4 Petition No. I4 -CC 1- SC Fee Paid: •00,0D / ig Jurisdiction: BOA 1st Hearing: 2nd Hearing: ,5A5/ 4. Publication Dates: 140 ( /IL/ 5i i l j i Notices Mailed: L 14 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): First Bank of lndiantown 2 Owner mailing address: P.O. Box 365 lndiantown, Florida 34956 3 Name of applicant(s) if other than owner Albert Zakhary 4 Applicant mailing address: 4993 Highway44tS; -Okeechobee, Ft 34974 4a e-mail address: alzakhary@yahoo.com 5 Name of contact person (state relationship): Steven L. Dobbs (Engineering Consultant) 6 7 Contact person daytime phone(s):863- 824 -7644 PROPERTY INFORMATION Property address/directions to property: 205 N.E. Park Street, Okeechobee, Florida 34972 ; From Highway 441 N and 70 intersection - one block east. Property is North of S.R. 70E. 8 Describe current use of property: Financial - Commercial Business District (CBD) 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. 1- Vacant Building Source of potable water: OUA Method of sewage disposal: OUA 10 Approx. acreage: 0.488 AC Is property in a platted subdivision? ''E5 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 14 0 12 Is a pending sale of the property subject to this application being granted? Yes 13 Describe uses on adjoining property to the North: North: Stores; Plaza - Shops East: MXD RES /Office South: Highway City Park West: CVS Retail Store 14 Existing zoning: CBD Future Land Use classification : Commercial 15 Have there leen any prior rezoning, property? ( A ) No ( ) Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. 16 Request is for: ( ) Rezone (X ) Special Exception ( ) Variance 17 Parcel Identification Number: 3- 15 -37 -35 -0010- 01530 -0070 (Rev 01/12) Page I of 11 Confirmation of Information Accuracy l 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 relatbig fo this applicators packet, caN Genend Services art. at (1N3)-763-3372, Ems. (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 letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 111 x 170 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 l 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 relatbig fo this applicators packet, caN Genend Services art. at (1N3)-763-3372, Ems. (Rev 01/12) Page 2 of 11 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 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. Si nature Printed Name Steven L. Dobbs Date March 28, 2014 For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicants statement of interest in property: Drive -Thru Dunkin' Donuts - 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 letter of consent from property owner (if applicant is- different from property owner) 22 Three property surveys (one no larger than 11i x 170 containing: a. certified boundary survey, date of survey, surveyors 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) 26 Completed specific application and checklist sheet for each request checked in line 15 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 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. Si nature Printed Name Steven L. Dobbs Date March 28, 2014 For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: Drive -Thru Dunkin Doughnuts C,30- 313 ( t Prtve - 1-Inr�(.1h Servtc 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 3rd 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 2 "d 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 Cell: (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 properly 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 IIPR 0 7 2014 11;f April 4, 2014 City of Okeechobee 55 3`d Avenue Okeechobee, FL 34974 RE: Special Exception Dear Sirs: HARBOR 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, go :17am Vice President / Special Assets 11-4&41-1 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. L/t,,, `)i�- Notary y ublic My Commission Expires: (- -(ji —t 1 My Commission Number: S% V' 415' P49<6 TIFFANY NESTOR MY COMMISSION # EE881931 EXPIRES: April 06, 2017 2222 Colonial Road, Suite 100 Fort Pierce, Florida 34950 /ZAD/44`rk.4401 ce-Ar4.c->--e" c f �r April 1, 2014 City of Okeechobee 55 3rd Avenue Okeechobee, FL 34974 RE: Special Exception Dear Sirs: HARBOR' COMMUNITY BANK Banking the wnl' 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. Please contact me at 772 - 409 -2353 with any questions. Sincerely, Grego`ry Hallam Vice President / Special Assets I hereby certify that this document was acknowledged before me this 151 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. / e4— Notary Public My Commission Expires: 4 -1j t 1 My Commission Number: cc, `t5 ; 1 (Y-51 P TIFFANY NESTOR MY COMMISSION i EE881931 EXPIRES; April 06, 2017 2222 Colonial Road, Suite 100 Fort Pierce, Florida 34950 March 28, 2014 City of Okeechobee 55 3rd Avenue Okeechobee, Fl 34974 RE: Special Exception Dear Sirs: i (X) MM vl I,1 MTV I' V B A N I E Ik iikirij; lhcr way i1 us,/ 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. Please contact me at 772 - 409 -2353 with any questions. Sincerely, J. - Gregory Hallam Vice President / Special Assets 2222 t:c ioni d Road. Suite 1( }0 rout Picrir, Fiorid,t 3,i9S0 Office of Thrift Supervision Department of the Treasury 1475 Peachtree Street, N.E., Atlanta, GA. 30309 Telephone; (404) 974 -9620 P.O. Box 105217, Atlanta, GA 30348 -5217 • Fax; (404) 974 -9800 June 1, 2011 OTS No. 18139 Mr. J..Ha1 Roberts President First Bank and Trust Company of Indiantown, FSB 15588 SW Warfield Boulevard Indiantown, Florida 34956 Re: Notice of Charter and Bylaw Amendments Dear Mr. Roberts: Soulheasl Region This is in response to the notice filed May 20, 2011, advising the Office of Thrift Supervision of an amendment to Section 1 of the federal stock charter of .First Bank and Trust Company of Indiantown, FSB to change its corporate title to Harbor Community Bank, FSB. Additionally, the bylaws are being amended to refleet'the Hanle change. The amendments were filed pursuant to 12 C.F.R. § 552.4(b) with respect to the charter and 12 C.F.R. §552.5(b) with respect to the bylaws; accordingly, we have no objection to the adoption of the amendments. It is requested that this office be notified in writing of the official date the name change becomes effective. Should you have any questjosi . with regal d'to this letter;:you may contact Jennifer Kennedy • at (404) 974 - 9684.. .: • Sincerely, ti s Carla S. Holinian Applications Manager FOR IMMEDIATE RELEASE CONTACTS: J. Hal Roberts President First Bank & Trust of Indiantown HCBF Holding Company, Inc. Fort Pierce, FL 772 - 971 -2203 J. Russell Greene President and CEO Grand Bankshares, Inc. West Palm Beach, FL 561 - 615 -5050 GRAND BANK & TRUST TO MERGE WITH FIRST BANK & TRUST COMPANY OF INDIANTOWN WEST PALM BEACH, FL, March 4, 2011 — Grand Bankshares, Inc., the parent of Grand Bank & Trust of Florida, and HCBF Holding Company, Inc., the parent of recently acquired First Bank and Trust Company of Indiantown (soon to be renamed Harbor Community Bank), have announced the signing of a definitive agreement and plan of merger. Simultaneously with the completion of the acquisition, Grand Bank & Trust will be merged into First Bank, which is currently one of the highest capitalized banks in the state of Florida. The merger is subject to customary conditions, including the approval of the shareholders of Grand Bankshares, Inc., and bank regulators. It is anticipated that the transaction will be completed in the third quarter of 2011. Longtime Treasure Coast bankers Michael J. Brown, Sr., Chairman and CEO, and J. Hal Roberts, President and Chief Operating Officer, lead HCBF Holding company, Inc. J. Russell Greene, currently President and CEO of Grand Bankshares, Inc. and Grand Bank & Trust of Florida, will remain with the merged organization as President of the Palm Beach County Region with responsibilities to expand the footprint of Harbor Community Bank. Mr. Brown commented, "We are eager to bring Harbor Community Bank into Palm Beach County and Grand Bank provides an excellent platform to develop our presence in this market. The acquisition of Grand Bank's seven banking offices from Vero Beach to Lantana will bring over $425 million in assets and thousands of depositors and borrowers who prefer community banking. Hal Roberts and I view the Grand Bank franchise as a solid opportunity for Harbor Community Bank." Mr. Greene added, "Our Board of Directors chose to become part of the First Bank /Harbor team because of the shared values of both organizations. HCBF's bankers have a rich tradition of social responsibility and customer service. We are delighted that this will enable us to continue the goal we established at our beginning in 1999 — that of being the premier community bank in south Florida." Gunster, Yoakley & Stewart, P.A. served as legal advisor to HCBF. Hovde Financial served as financial advisor and Smith Mackinnon P.A. served as legal advisor to Grand. 4!2/2014 FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS Detail by Entity Name Florida Profit Corporation HARBOR COMMUNITY BANK Filing Information Detail by Entity Name Document Number P12000053689 FEI /EIN Number 59- 0879274 Date Filed 06/14/2012 State FL Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 08/27/2013 Event Effective Date 08/28/2013 Principal Address 15588 SOUTHWEST WARFIELD BOULEVARD INDIANTOWN, FL 34956 Mailing Address 2991 SW HIGH MEADOWS AVE PALM CITY, FL 34990 Changed: 10/11/2013 Registered Agent Name & Address FEE,III, FRANK H, ESQ 426 AVENUE A FORT PIERCE, FL 34950 Name Changed: 10/11/2013 Address Changed: 10/11/2013 Officer /Director Detail Name & Address Title D /CEO BROWN, MICHAEL SR 3117 S INDIAN RIVER DRIVE http: / /search.sunbiz.org /Inq ui ry/C or porati onSearc h/SearchR es ul tD etai I /EntityN ame/ dome- p12000053689- 7f7af47b- c8b4- 4df4- 8d83- 02fe6f03fbb0 /Harbor %2OCo... 1/3 4/2/2014 Glorie, Michele R 8330 E Sanctuary Dr Hobe Sound, FL 33455 Annual Reports Report Year 2013 2014 Document Images Filed Date 01/17/2013 03/07/2014 03/07/2014 -- ANNUAL REPORT 10/11/2013 - 08/27/2013 - 01/17/2013 - 06/14/2012 - - Reg. Agent Change - Merger - ANNUAL REPORT - Domestic Profit Detail by Entity Name 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 Copyright () and Privacy Policies State of Florida, Department of State http://search.sunbiz.org/I nq ui ry/CorporationSearch/SearchResultDetai I/EntityN ame/domp-p12000053689-7f7af47b-c8b4-4df4-8c183-02fe6f03fbbO/H arbor%20Co... 3/3 Harbor Community Bank Page 1 of 2 Summary Page History /44.'1 HA.RBOII Formerly iii 1�5 f 13.F \K —17 07 Harbor Community Bank was founded over 50 years ago in Indiantown, Florida as the First Bank of Indiantown. First Bank, for these many years, continues to be the only Community Bank in Indiantown. The Bank later expanded with branch offices in Palm City, Okeechobee and Lakeport, Florida. In February of 2011, a group of local Community Bankers acquired the First Bank of Indiantown and changed the name to Harbor Community Bank. The Executive Management team, committed to Community Banking, is led by: Michael 3. Brown, Sr., Chairman and CEO - Mike, Sr. has been a Florida Banker for over 45 years, with most of those years in the Treasure Coast and Okeechobee markets as Chairman of Harbor Federal Savings Bank. 3. Hal Roberts, 3r., President and COO - Hal has been a Florida Banker for 40 years, previously serving as President of Port St. Lucie National Bank and later President of Harbor Federal Savings Bank. Randall A. Ezell, Executive Vice President and CFO - Randy has been a Florida Banker for over 36 years, previously serving as CFO of Port St. Lucie National Bank, President of Enterprise National Bank and a Senior Officer of Harbor Federal Savings Bank. Michael 3. Brown, Jr., Executive Vice President and Chief Lending Officer - Mike, Jr. has over 20 years of Community Banking experience in the Treasure Coast, previously serving as Executive Vice President of Harbor Federal Savings Bank and a Banking Officer with Barnett Bank of St. Lucie County. Board of Directors Michael 3. Brown, Sr. Chairman and CEO of Harbor Community Bank Frank H. Fee, III, Esq. Vice Chairman and Senior Partner, Fee, DeRoss & Fee, P.L., Attorneys Cynthia G. Angelos, Esq. Attorney, Law Office of Cynthia G. Angelos, PA David L. Bessette Owner /CEO, Real Living All Florida Realty, Florida Insurance Concepts, Inc., Pinnacle Association Management, LLC, All Florida Real Estate Schools Jeffrey S. Leslie Owner /CEO, Postco, Inc., ITS Telecommunications Systems, Inc., ITS Fiber,LLC, Indiantown Co., Inc. John A. Lester http://vvvvvv.harborcb.com/aboutus.html 4/2/2014 Harbor Community Bank Page 2 of 2 http: / /www.harborcb.com /aboutus.html 4/2/2014 Owner /President, Eagles Nest Storage, LLC, John Lester Management Services, Inc. Richard L. Lynch, CPA Managing Partner, Lynch, Johnson & Long, LLC, CPAs 3. Hal Roberts 3r. President and COO, Harbor Community Bank Bobby H. Tucker Owner /Broker, B. H. Tucker Real Estate, LLC Andy Taylor SVP /CFO, Peace River Citrus Products, Inc. http: / /www.harborcb.com /aboutus.html 4/2/2014 Patty Burnette From: Patty Bumette <pbumette@cityofokeechobee.com> Sent: Thursday, April 03, 2014 11:59 AM To: 'Steven L Dobbs' Subject: RE: Dunkin Doughnuts Importance: High Hi Steve. I may have spoken too quickly yesterday morning. I was finally able to spend some time just making sure everything was in order and even sat with Lane/Brian to go over some things to make sure I was on the right path. I will need some clarification still on a few things... 1. On pg. 2 of the application, I will need Mr. Zakhary's signature in place of yours as he is the one receiving permission to apply for the Special Exception and I will need the original copy. 2. I will also need a new notarized original authorization statement that will explain how First Bank of Indiantown became Harbor Community Bank. This should also include granting permission to Mr. Zakhary to apply for... along with the property information. Whoever signs the letter, needs to state that they are authorized on behalf of First Bank of Indiantown/Harbor Community Bank to do this. On the letter you provided, J. Gregory Hallam, is not listed as the Registered Agent or an Officer/Director of Harbor Community. I am sorry if this sounds petty, but it is important that the proper documents and authorizations are received and that everything links properly. Bill said he will start the review, but we will need these documents soon so that the application can still be presented at the May Planning Board Meeting. Please let me know if you have any questions. Thanks, Patty From: Steven L. Dobbs [mailto:sdobbs@stevedobbsengineering.com] Sent: Tuesday, April 01, 2014 7:23 PM To: Patty Burnette Subject: Fwd: Dunkin Doughnuts Let me know if this works. Sent from my iPhone Begin forwarded message: 1 (� cob '''"��� a 3, i •5 • ip rrerec 3- 15 -37 -35 -0010 -01530 -0070 Omuta 11 1V R E T U R N Warranty Deed This Tadesture, Made tbis dad• of ESTEE INVESTMENTS, INC., a corporation the state of Florida .;0433:.:1656 ooaramoy stomp pato M ar arm* at Cam C Misr Tar paid it V* ammo Shwa n6ensoa. Cwuli CirodtCa.t DR! 5- If-avo May,2000A.D.. Mamma existing under the laws of d tk Gueyd Broward , soma Florida ,pastor, aed FIRST BANK OF INDIANTOWN, a corporation existing under the laws of the state of Florida .boatadatoae:P.O. Box 365, Indiantown, Florida 34956 aecamrya Martin Wstaesseth that dt. GRANTOR. for amt 1.d3.41.41 paste& arpi.ed tad iaid w ourte, yiq tad beir is she Lots 7, 8 and 9, thereof recorded i Okeechobee County, • is comiaeJLiia at the sari at & N0 /100($10.00) DOLLARS. R is Mad rid by GRANTEE. Ur ruc ipt whereat is bard's' ad.orMOi¢4 hM mad GRANTEES amaros ad trips fateur, dee Manes daunted hued. hobee or Florida to eat , OKEECHOBEE, according to the plat ok 5, Page 5, public records of soured Florida SUBJECT to restrict if any, which are not December 31st, 199 ations and easements of record, hereby, and taxes subsequent to 33762 00 y"v � a P's 01 a.d rbe rrasto. does hwrby tuk rauuat t6. titk to raid Leo aed.i0 defend,b. are.pi. La4d s0ir, dam pno.s .boraoa.et. Ta %itaeu Wheteo4 um pastor hr beurato set his twd aeu to day turd raw Mu .butt =isms S st.kd asd delivered is der pima= EST INVES' $1'S, INC . By caa tai SCOTT RIZNICK, Vice President P.O. Attu= 1605 SW. U h Tca,.n, Fan LardeaWe, P1. 33372 STATE OF FLORIDA COUNTY OF BROWARD The exeroiar i.ilivaeat was a.tao. cdsce wen me the SCOTT RISNICK, Vice President of STEE (Corporate Seal) day d May, 2000 by INVESTMENTS, INC., aylorida oe beMB d tee aotptnation. Ek i. p.,.anaiy kmra a m. or has proda*W he Drivers License a idrad6itim This Mamma Prepared ar tom W. COMM LO O COMELY & COMPLY, PA. POST FMB DRAWER 0361 Ta:20ROBCHOBB11. 15.219701367 e- ,+,,A,p.r. —j . dry Printed N : SJ50" 5. morn! HI' 1,1 UmmINIoNW My ARCarriraioo &pint t 4.A ! my CQI44*S10h it CC717236 E)POES March 19. 2002 SOWED ,.,AO, FAO WWI K (ta her itv7"3 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 Indiantown 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 Patty Burnette From: Steven L. Dobbs, P. E. <sdobbs @stevedobbsengineering.com> Sent: Monday, April 14, 2014 2:12 PM To: 'Brisson, Bill'; 'Patty Burnette' Subject: Dunkin' Donuts Traffic Statement Attachments: 2014 -013 Traffic Analysis 20140414.pdf Bill, Please find attached a traffic statement to go along with the Special Exception for the Dunkin' Donuts. Please do not hesitate to call with any questions. Steven L. Dobbs, P. E. Steven L. Dobbs Engineering, LLC 1062 Jakes Way Okeechobee, FL 34974 Phone: 863 - 824 -7644 Cell: 863 - 634 -0194 sdobbs a(�stevedobbsengineering.com ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** This e -mail and any files transmitted with it are proprietary and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e -mail in error please notify the sender. Please note that any views or opinions presented in this e -mail are solely those of the author and do not necessarily represent those of Steven L. Dobbs Engineering, LLC. The recipient should check this e -mail and any attachments for the presence of viruses. SLD Engineering accepts no liability for any damage caused by any virus transmitted by this e- mail. Your message is ready to be sent with the following file or link attachments: 2014 -013 Traffic Analysis 20140414.pdf PIN DSP 3- 15- 37- 35- 0010 - 01410 -0100 3- 15- 37 -35- 0010 - 01420 -0070 3-15-37-35-0010-01520-0040 3- 15- 37 -35 -- 0010 -01520 -0070 3- 15 -37 -35 -0010- 01530 -0010 3- 15- 37 -35- 0010- 01530 -0020 3- 15- 37 -35- 0010 - 01530 -0030 3- 15- 37 -35- 0010 - 01530 -0100 3-15-37-35-0010-01530-0110 3 -15-37-35 -0010-01 530 -0120 3- 15- 37 -35- 0010 - 01540 -0010 3- 15- 37 -35- 0010 - 01540 --0040 3- 15- 37-35- 0010 - 01690 -0130 3-15-37-35-0010-01700-0010 3-15-37-35-0010-0171C-0010 3- 15- 37- 35-0010-01710-0020 3-15-37-35-0010-01710-0040 3- 15 -37 -35 0010-01710 -0080 OWNER_NAME WALPOLEINC FAMILY HERITAGE HOLDINGS LLC COFIELD DEANNA PAIGE OKEECHOBEE ACQUISITIONS INC HOOVER SUSANNE C BROWN MICHAEL G & THERESA R (PALM PLAZA OF OKEECHOBEE INC INEWMAN AIR CONDITIONING INC ✓C.ONLON DAVID M & ROSE M BROTHER IN LAW ENTERPRISES INC SPIRIT CV OKEECHOBEE FL LLC 114 NORTH PARROTT LTC CITY OF OKEECHOBEE DANIEL DAVID R111 VISITING NURSE ASSOCIATION OF SWEDA STANLEY SWEDA RENNAE VCITY OF OKEECHOBEE within_300fbind, 3/26/2014, Page 1 ADDRESS_1 PO BOX 1177 % PAUL MITCHELL 477 SW 67TH DR C/O DAVID CONE ON 300 SE 5TH STREET PO BOX 120 P 0 BOX 986 P 0 BOX 986 100 SW 151H ST 221 NE PARK STREET %CVS #3237 -01 /OCC EXP DEPT 5920 SENEGAL DR 55 SE 3RD AVENUE 548 NW 50TH DR FLORIDA INC 204 ES PARK ST 497 SW 21ST ST 55 SE 3RD AVENUE ADDRESS_2 CITY_NAME ST ZIPCODE OKEECHOBEE FL 349731177 205 NE 2ND ST OKEECHOBEE FL 34972 OKEECHOBEE FL 34974 100 SW 15TH STREET OKEECHOBEE FL 34974 OKEECHOBEE FL 34974 OKEECHOBEE EL 349730120 OKEECHOBEE FL 349730986 OKEECHOBEE FL 349730986 OKEECHOBEE EL 349745256 OKEECHOBEE FL 349720000 1 CVS DRIVE WOONSOCKET RI 028956146 JUPITER EL 33458 OKEECHOBEE FL 349742903 OKEECHOBEE EL 34972 2400 SE MONTEREY ROAD #300 STUART FL 34996 OKEECHOBEE FL 349742967 OKEECHOBEE FL 349740000 OKEECHOBEE FL 349742903 WC "BILL" SHERMAN, PROPERTY APPRAISER OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT NE 2ND ST NW 2ND ST 3M Qti£ 3N 3AV QME 3S 0Zt0EL6Pt14 9SZSPL67£l3 339014033)10 33801-1033)4O On. X090d 1SH1S1MS004 21 VS3213H1'B 0 13VH01W NMO219 W 3SOd 8 W OIAVO NO1N00 OZ00-0£81.0- 01,00- 8E•LE11•E 0110.0£510.Ot00- sE -LE-S VE 9960EL6>Eld 3390H333)10 996 X09 0 d CO 0NI 0NINOIl10N00?+IV NVWM3N z LO 0060-04S1,•0100•9£•LE•8I.-E H w T— m O 2 o "' mw.°i OO a o 4 "1 °'08 oz oltxxm o OQUm �' < ` 0 Ow w W •Oc00 60own O ZC•f 0 0O !)gNNJa a OYLL o -x 1- c0 N4 9 OO -. 't A g Z a Z-+ J . a a. v? m W Lo co Q LL a 3AV QNZ 3N 3AV GNZ 3S U H ° J w W w LL p Y o w wx00 e0 Nfr t'34 o USVi aa j O O cV 8t9424 pa O n C ° ]C pU m Owowm gOwe r? h O N w •.,U Rm 'rh N ~ > U U y e ' N Tir17 Ti-17 AMH S() S it* AMH S(1, SE PARK ST SW PARK ST biOZ /6/17 ...00popo2I ugfuuogpiogfdi,dse.deyOuud/SIt ituoo edaagou000jo.mnnnn// :duq City of Okeechobee 55 SE Third Avenue Tele: 863 - 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 -763 -1686 Dear Property Owner: April 30, 2014 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 14- 001 -SE to allow Drive- through service within the Central Business Zoning District, (Ref. Code Sec. 90 -313 (1)) located at 205 NE Park Street. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, May 15, 2014, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnettecityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed /faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863- 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 -763 -1686 Z �o Z Dear Property Owner: April 30, 2014 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 14- 001 -SE to allow Drive- through service within the Central Business Zoning District, (Ref. Code Sec. 90 -313 (1)) located at 205 NE Park Street. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, May 15, 2014, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: lette(a�cityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed /faxed. Respectfully, Patty M. Burnette General Services Coordinator 3a8d • L t :9 b:6 y 10Z /6 37 UO 1:011U -Id deyAl - Jasn eddy Radom klunoj aagogoaaxp Walpole Inc P.O. Box 1177 Okeechobee, FL 34973 Okeechobee Acquisitions Inc. % David Conlon 100 SW 15th St. Okeechobee, FL 34974 Palm Plaza of Okeechobee Inc. P.O. Box 986 Okeechobee, FL 34973 114 North Parrott LLC 5920 Senegal Dr. Jupiter, FL 33458 Stanley Sweda 204 SE Park St. Okeechobee, FL 34974 -2967 Michael & Theresa Brown P.O. Box 120 Okeechobee, FL 34973 Spirit CV Okeechobee FL LLC %CVS #3237- 01 /OCC Exp Dept 1 CVS Drive Woonsocket, RI 02895 -6146 Family Heritage Holdings LLC % Paul Mitchell 205 NE 2nd St. Okeechobee, FL 34972 Susanne C. Hoover 300 SE 5th St. Okeechobee, FL 34974 David R. Daniel III 548 NW 50th Dr. Okeechobee, FL 34972 Rennae Sweda 497 SW 21st St. Okeechobee, FL 34974 Brother -in -Law Enterprises 221 NE Park St. Okeechobee, FL 34972 Deanna Paige Cofield 477 SW 67th Dr. Okeechobee, FL 34974 VNA of Florida Inc. 2400 SE Monterey Rd #300 Stuart, FL 34996 Walpole Inc P.O. Box 1177 Okeechobee, FL 34973 Okeechobee Acquisitions Inc. David Conlon 100 SW 15th St. Okeechobee, FL 34974 Palm Plaza of Okeechobee Inc. P.O. Box 986 Okeechobee, FL 34973 114 North Parrott LLC 5920 Senegal Dr. Jupiter, FL 33458 Stanley Sweda 204 SE Park St. Okeechobee, FL 34974 -2967 Family Heritage Holdings LLC Paul Mitchell 205 NE 2nd St. Okeechobee, FL 34972 Susanne C. Hoover 300 SE 5th St. Okeechobee, FL 34974 Brother -in -Law Enterprises 221 NE Park St. Okeecobee, FL 34972 David R. Daniel III 548 NW 50th Dr. Okeechobee, FL 34972 Rennae Sweda 497 SW 21St St. Okeechobee, FL 34974 Deanna Paige Cofield 477 SW 67th Dr. Okeechobee, FL 34974 Michael & Teresa Brown P.O. Box 120 Okeechobee, FL 34973 Spirit CV Okeechobee FL LLC %CVS #3237 -01 /CC Exp Dept 1 CVS Drive Dec- Woonsocket, RI 02895 -6146 VNA of Florida Inc. 2400 SE Monterey Rd #300 Stuart, FL 34996 oRt Property Owner Name(s) Parcel Identification No. Okeechobee County Property Appraiser's Office Information Request Form for the City of Okeechobee Contact Person Name tt� Contact Person Phone No. Requested Items Needed By Project Type (Circle One or Check Box) Rezoning Items Needed: Location map 100" surrounding property from the outermost portion of subject property. Surrounding property owners mailing addresses 300" from the outermost ,portion of subject property. Special Exception Items Needed: Location map 100" surrounding property from the outermost portion of subject property. Surrounding property owners mailing addresses 300" from the outermos _portion of subject property. Variance Items Needed: Location map 100" surrounding property from the outermost portion of subject property. Surrounding property owners mailing addresses 300" from the outermost ortion of subject property. Future Land Use Map Amendment Items Needed: Location map 100" surrounding property from the outermost portion of subject property. Information is provided by the Okeechobee County property Appraisers Office. You may hand deliver this request form or fax it to the following attention: Angela Jones Okeechobee County Property Appraisers Office 307 NW 5th Avenue, Suite A Okeechobee, FL 34972 Phone: (863) 763 -4422 Fax: (863) 763 -4745 (Rev 01/12) Page 4of11 Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners X24 - OO1 -SL- 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 Signature of Applicant Albert Zakhary Name of Applicant (printed or typed) State of Florida County of Okeechobee 28th day of March 28, 2014 Date Sworn to and subscribed before me this day of 0.Y C \ , aCO \ . Personally known to me or • roducedVL.2.a s • - +,_ • O' as identification and did not take an oath. (Rev 01/12) Seal: JAMIE BRAMMEIER pia � Notary Public - State of Florida •; My Comm. Expires Oct 29, 2016 Commission # EE 847395 Bonded Through National Notary Assn. Page 3 of 11 VERO BEACH FT. PIERCE PORT ST. LUCIE STUART JUPITER EST PALM BEACH Dunkin' Donuts Okeechobee, Florida Special Exception Exhibit Project Location VICINITY MAP Steven L. Dobbs Engineering, LLC Consulting Engineers 1062 Jakes Way - Okeechobee, FL 34974 Phone: (863) 824-7644 FLORIDA CERTIFICATE OF AUTHORIZATION NA 00029206 LOCATION MAP SCALE: N.T.S. INDEX OF SHEETS 01 COVER SHEET 02 SPECIAL EXCEPTION EXHIBIT CALL 43 HOURS BEFORE YOU DIG IN FLORIDA, ITS THE LAW Sunshine State 0 I One Call_zAIG ENGINEERS PROJECT No. 2014-013 OC lir Ce CI I— DUNKIN DOUGHNUTS ORDER WINDOW THRU EXISTING TREE AND PLANTER T BE REMOVED PICK -UP WINDOW t"1 N.E. 3rd AVE DUNKIN DOUGHNUTS f NOTE: PARKING SPACES ALONG WEST SIDE OF BUILDING & NORTHWEST BOUNDARY OF PROPERTY LINE TO BE REMOVED. 3- 15- 37 -35- 0010- 01530 -0070 CITY OF OKEECHOBEE LOTS 7,8 & 9; BLOCK 153 FIRST BANK OF INDIANTOWN 0.488ac . SCALE: 1 " =20' 0 10 20 40 CALL 43 NOURS BEFORE YOU DIG IN FLORIDA, IS THE LAW Sunshine chid State One Call 4 Dunkin' Donuts City of Okeechobee, Florida SPECIAL EXCEPTION EXHIBIT JOB No.:2014 -013 SHEET 02 OF 02 1 ..MI.. r.w+.w AF= 14 it i J 11 J trszobwrit •Z.' Weu. 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(D - O O Q v O CD ° oa N N N Cn N v CD W 7- _ N ° CD O (n -0 7- CD ° v N 0 N- 7- o C) 5 aCj O r O N CD '0 0 w N s - CD cf.) O U) Cp 07 CD 0 CD CD CD CT. 0 m N• < CD = 7 9, = X 0 C N . 0. O • •< 0 0 Co <D _o O N o CD 7o 70 CO '00 CD O CD O N d ° P 5 lD co co O st 0 7 - = (n 0 -G 7 O. -< -< 7- 74. 0 CD 7 CD a) - - d O CD N C<D 9 0 0_ 7" C 7 sr c o - co o 0 = co < CD p 0 c r m 0 -CD 7 J CD o 0 CO CS m o 3 Wm ECI O C 5 01 o w (-) - O,.,.0 6N) O O a) n CD CD O W 7 ZT O Cr CD 5' ,,CD (n v 0 E. 5 o O o v -I 0- O CD •- -0 N 0 o 0 7 cji z v 0- W (n N 0 7 CD - O 0 D O v 5- n) °. pCn= - = 0 0 N C ° O CHAIRPERSON HOOVER OPENED THE QUASI- JUDICIAL PUBLIC HEARING AT 6:01 P.M. 310A - NOISSf10Sld - NOIlOV MAY 15, 2014 - PLANNING BOARD - PAGE 2 OF 6 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 6 ACTION - DISCUSSION - VOTE Drive- through traffic along the alley and associated vehicle noise and lights during late night or ea., r.orning 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 Staffs responses to the applicants 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. 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 Exhibit 1 Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Albert Zakhary Petition No.: 14-001-SE .1;!1 Nlanagement Services, Inc, Sireot, Slaty 206 112rs, Florta3 230 i•) 3366 Serving 171olida Local Governments 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 Indiantown 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 Property 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 of Adjustment 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. Sl'l Florida 1_oc.11 C erflLr s,lis Sill 1988 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. Adjacent FLUM Classification, Zoning District, and Existing 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 Consistency with Land Development Regulations Section 70- 373(b) requires that the Applicant address the following standards for granting a Special Exception, during his /her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in this Arial typeface. Syr It Florida 1 uacal nmems \itut. 1988 Staff Report Applicant's Name: Albert Zakhary Special Exception Request 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. St.rN1 r u Hurl...La Lora16 \rrnmsnt "ince 1988 3 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. ;i�a }'loreita Lorca! c;i.�rrnmrnts �inre 0) 88 4 Staff Report Applicant's Name: Albert Zakhary Special Exception Request 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(c) (1) — (8) When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1) -(8). The required findings are listed below followed by the Applicant's 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 of the Comprehensive Plan." We agree that the proposed drive - through service is not inherently contrary to the Comprehensive Plan g Florida Ioe:ai vrimu=nis ',nut 5 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. 90- 373(b). Serving H oricla Local Governments Since 1988 Staff Report Applicant's Name: Albert Zakhary Special Exception Request 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) (8) "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. 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. serving Florida G .V ri 11111c311 a \ince 1988 7 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 Stin'smz Florid; ,cal .uni nis Since 1988 Staff Report Applicant's Name: Albert Zakhary Special Exception Request Petition No. 14- 001 -SE Ell FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS KM II • Subject Property COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MI MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Scrc; ng Florida Loral Governments Since 1981i 9 Staff Report Applicant's Name: Albert Zakhary Special Exception Request Petition No. 14- 001 -SE Elk ZONING MAP SUBJECT SITE AND ENVIRONS Subject Property ZONING CBD - COMM BUSINESS DISTRICT • CHV - HEAVY COMMERCIAL __T- LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE .0" H - BOLDING IND - INDUSTRIAL DUB - PUBLIC FACILITIES PU D -MIXED PU D-R RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOVE_ RSF1 - RESIDENTIALSINGLEFAMILY RSF2 - RESIDENTIAL SINGLE FAMILY • Serving Florida Local Governments Since t988 10 Staff Report Special Exception Request Applicant's Name: Albert Zakhary Petition No. 14- 001 -SE AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES Subject Property Serving Florida Luc.it t;urernments Since 1988 Date 44 23ry2012t 27°1 38.E 11 Staff Report Special Exception Request Applicant's Name: Albert Zakhary Petition No. 14- 001 -SE Drive Through —► Entering Vehicles ---► Exiting Vehicles Serving Florida Local Governments Since 1988 12 INDEPENDENT NEWSPAPERS OKEECHOBEE NEWS ]0)S. NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 J J 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'_ 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. 2 Toni Byrd Sworn to and subscribed before me this day of `� { Notary Public, State of Florida at Large AD el #V , ANGIE BRIDGES MY COMMISSION # EE 177653 r;. EXPIRES: April 20, 2016 , pF A' Bonded Thru Notary Public Underwriters (863) 763-3134 PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION A PUBLIC HEARING will be held before the City of Okeechobee Board of Adjustment and Appeals on Thursday, May 15, 2014 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Chambers, Rm 200, Okeechobee, Florida. The agenda is available on the City website www.cityofokeechobee.com, or contact the General Services Department, pburnette @cityofokeechobee.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 of 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 item must 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 Patty Burnette From: Patty Burnette <pburnette @cityofokeechobee.com> Sent: Monday, July 07, 2014 6:05 PM To: sdobbs @stevedobbsengineering.com; alzakhary@yahoo.com Subject: Special Exception for 205 NE Park Street Attachments: PB Minutes 051514.pdf Good Afternoon Mr. Zakhary: This email is to officially advise you that the Board of Adjustments at its regular meeting on May 15, 2014, approved your Special Exception, Petition No. 14- 001 -SE, to allow drive - through service within a Central Business District (CBD) Zoning District (Ref. Sec. 90- 313(1) for Lots 7, 8 and 9 of Block 153, City of Okeechobee and located at 205 NE Park Street. The purposed use is for a Dunkin Donuts with a drive - through service. Attached herewith please find a copy of the minutes for your records. Please reference City Code Book Sec. 70 -373 (f) Special Exception use by Board of Adjustment, nonuse. If the Special Exception use granted by the Board of Adjustment shall fail to exist or fail to be used for a continuous period of 180 days, then such use shall lapse and the current owner be required to reapply as provided in this division. Should you require additional information please do not hesitate to contact me. Thank you, Patty Patty gvt. Burnette General Services Coordinator City of Okeechobee 55 Southeast 3rd avenue Okeechobee, 'FL 34974 gel 863 -763 -3372 ext.218 Tax: 863 -763 -1686 e -raiC p1 i3ril et t `.coocitlJofoktcc /lolit't'.io!u webslte: 11uw.t- o eecilobtc.cc)711 NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 Patty Burnette From: Patty Burnette <pburnette @cityofokeechobee.com> Sent: Thursday, May 08, 2014 1:14 PM To: sdobbs @stevedobbsengineering.com; 'alzakhary@yahoo.com' Subject: May 15, 2014 Planning Board /Board of Adjustment Meeting Attachments: 14- 001 -SE Zakhary.pdfi Agenda May 2014.pdf Good Afternoon Mr. Zakhary, Please be advised that the Board of Adjustments and Appeals of the City of Okeechobee will be considering your Special Exception Petition No. 14- 001 -SE, to allow drive - through service within a Central Business District Zoning District (Ref. Code Sec. 90 -313 (1)) located at 205 NE Park Street for the proposed use of a drive -thru Dunkin Donuts on Thursday, May 15, 2014 at 6:00 p.m., at City Hall, Council Chambers, Room 200. A copy of the Agenda and Planning Staff Report are attached. Please be sure to review these documents prior to the meeting. Contact me with any questions. Should you, or a representative, not be able to attend this meeting, please let me know. Sincerely, Patty Patty 34, 'Burnette (. elle rai Services Coord nator City of Okeechobee Cc Southeast 3r 'Al'EJute C)kkeec:hohee, E 34974 863- f3^i- ;72 ext. 218 Tax: z -7 • - %68'6 e -rn 7r%: webs t te: t I `;;, NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 tuas mY 1e( c� Patty Burnette From: Wm. F. Brisson <bill @larueplanning.com> Sent: Friday, April 11, 2014 11:47 AM To: 'Steven L. Dobbs, P. E.'; 'Rachel Byassee' Cc: 'Patty Burnette' Subject: RE: Dunkin Doughnuts Steve and Rachel, I received your new graphic with the labels overlain on the aerial. I thought I sent you a reply on Wednesday, but I have since found out that my Microsoft Outlook was acting up and a number of emails did not get sent and then I was out -of -town. We do not feel that the new material is sufficient. While neither we nor the Board of Adjustment/ Planning Board need a complete formal site plan, in order to allow us to make a determination as to how the traffic will be handled on and off the site, we will need a larger scale and more specific graphic. I originally mentioned that we really need a larger scale, preferably 24 by 36 although something slightly smaller could work. The graphic provided is far too small and not sufficiently detailed. We need to be able to actually see the driveways, the proposed ingress and egress, proposed directional pattern, locations of the order and pickup windows, and how the parking would be provided relation to the drives. I realize that there is no specific requirement for this detail, but this is the preferred way for the applicant to "demonstrate" how traffic on and off the site will be handled. Without better information I don't know how I will be able to make a reasoned recommendation to the Board of Adjustment or how the Board will be able to make a reasoned decision. Of course, it is your option if you wish to go with what you have provided. Also, bear In mind you or someone else should be prepared to discuss the traffic generation and transportation impacts of this drive -thru. Bill From: Rachel Byassee [ mailto: rbyasseet (stevedobbsengineerinq.com] Sent: Wednesday, April 9, 2014 1:58 PM To: Bill Brisson Subject: Dunkin Doughnuts Attached is the revised plan, Steve wanted me to send this to you to look at and see if this is what you were looking for. If you have any questions, comments or concerns please feel free to call or email our office. Thank you, 1 Patty Burnette From: Wm. F. Brisson <bill @larueplanning.com> Sent: Wednesday, April 09, 2014 8:53 AM To: 'Patty Burnette' Subject: RE: Dunkin Doughnuts Patty, I just spoke with Steve. Told him the survey is illegible and I need something more clear. Also told him I need at least a basic site plan showing the entrances and exits to the property, with indications of directions of flow, the drive -thru location in relation to the parking, etc. at a scale we can read and use. He said he will get something to me, although he wasn't real happy about it. Thanks, Bill From: Patty Burnette [mailto:oburnette Sent: Tuesday, April 8, 2014 3:05 PM To: ?�)ill@Iarueplanninq.cQm Subject: FW: Dunkin Doughnuts Hi Bill. Steve Dobbs sent this copy to me for the SE application for Dunkin Donuts. I told him it is very hard to read and that we really needed a cleaner copy. Did not know if this would be acceptable to you or not? Thanks, Patty From: Steven L. Dobbs, P. E. [ mailto :sdobbs@@stevedobbsengineering .com] Sent: Tuesday, April 08, 2014 2:18 PM To: 'Patty Burnette' Subject: Dunkin Doughnuts Here you go. Steam Z. ?,?ate. p, 6, Steven L. Dobbs Engineering, LLC 1062 Jokes Way Okeechobee, FL 34974 Phone: 863 - 824 -7644 Cell: 863 - 634 -0194 sdobbs€stevedobbsengineering .com 1 Easy Peel® Labels Use Avery® Template 5160® NEWMAN AIR CONDITIONING INC P 0 BOX 986 OKEECHOBEE, FL 349730986 SPIRIT CV OKEECHOBEE FL LLC %CVS #3237- 01 /OCC EXP DEPT 1 CVS DRIVE WOONSOCKET, RI 28956146 DANIEL DAVID R III 548 NW 50TH DR OKEECHOBEE, FL 34972 SWEDA RENNAE 497 SW 21ST ST OKEECHOBEE, FL 349740000 Etiquettes faciles a peter Utilisez le gabarit AVERY® 5160® • Feed Paper Bend along line to expose Pop -up EdgeTm CONLON DAVID M & ROSE M 100 SW 15TH ST OKEECHOBEE, FL 349745256 114 NORTH PARROTT LLC 5920 SENEGAL DR JUPITER, FL 33458 VISITING NURSE ASSOCIATION OF FLORIDA INC 2400 SE MONTEREY ROAD #300 STUART, FL 34996 CITY OF OKEECHOBEE 55 SE 3RD AVENUE OKEECHOBEE, FL 349742903 A Sens de chargement Repliez a la hachure afin de 1 reveler le rebord POPUPTM j 0 AVERY® 5160® BROTHER IN LAW ENTERPRISES INC 221 NE PARK STREET OKEECHOBEE, FL 349720000 CITY OF OKEECHOBEE 55 SE 3RD AVENUE OKEECHOBEE, FL 349742903 SWEDA STANLEY 204 ES PARK ST OKEECHOBEE, FL 349742967 www.avery.com 1- 800 -GO -AVERY i 1 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863- 763 -3372 Fax: 863- 763 -1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING /SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): 14-001- SE Address of subject property (or Legal if no address): I, Davie! A!ten accordance with the above instructions on 5 ibilLI Date of 1st Public Hearing: 3/1514/ 05 N E Par« S+ L !3L i 53, Cc-ki o-' 0latch() toe.e. , hereby certify that I posted the "Notice of Public Hearing" sign in LI -30.14- , and will remove sign on STATE OF FLORIDA Date: //- 30 COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 30fhd 1 f-p,by 1 `by QVct� llem who is personally known to me /or produced as identification. t iLt►'D (signature) Print, ype or stamp name of Notary SEAL: ,• Notary Public State of Florida Patty M 6urnette gyp' My Commission EE 218356 o,wd" Expires 10/02/2016 March 31, 2014 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Job No.: 2014 -013 Subject: Dunkin' Donuts Drive- Through Special Exception Application Dear Reviewer: Enclosed find an application for a City of Okeechobee Special Exception for a Drive - Through for the above referenced project including; a completed application, one 11 x 17 exhibit, a signed and notarized Surrounding Property Affidavit, responses to the Standards and requirements of a Special Exception, and a check in the amount of $500.00 for the application fee. Should you have any questions or comments, please do not hesitate to call me at 863 -824- 7644. Sincerely, iaa Steven L. Dobbs, P.E. President Enclosures Cc: Al Zakhary File 1062 Jakes Way, Okeechobee, FL 34974 Phone: (863) 824 -7644 Cell: (863) 634 -0194 Email: sdobbs ©stevedobbsengineering.com Website: www.SteveDobbsEngineering.com CITY OF OKEECHOBEE, FLORIDA 3 8 5 9 3 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N0 _ (863) 763.3372 3- 3 i 20 !LI RECEIVED from Gtc —ik-c,a Dollars s 1 g" CLERK V. OPEN PUBLIC HEARING (QUASI-JUDICIAL) - Chairperson. A. Petition1N1h. 14 -001 -SE, submitted by Albert Zakhary on behalf of properly owner, First Bank of Indiantown/Harbor Community Bank, to allow drive-through service within the Central Business Distriq 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 lo access the drive-through via the 15 foot wide East/West alleyway. Planning Staffs 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 Staffs 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. Hear from the Property Owner or designee/agent. MAY 15, 2014 - PLANNING BOARD - PAGE 3 OF 6 ACTION - DISCUSSION - VOTE Drive-through traffic along the alley and associated vehicle noise and lights during late night orea;+9 raoming 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 hava 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 Staffs 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 moming hours. Concem 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 (he 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 Bumette, 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. 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 Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Albert Zakhary Petition No.: 14 -001 -SE f.•• t Planning & Management Services, Inc. 13'5 Jae6,un Street, Suite 20(, Fort 3413S, 1100(14 239 3-i i-3364" Serving Florida local Governments 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 Indiantown 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 Property 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 of Adjustment 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 Florida Local Governments Since 1988 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. Adjacent FLUM Classification, Zoning District, and Existing 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 Consistency with Land Development Regulations Section 70-373(b) requires that the Applicant address the following standards for granting a Special Exception, during his/her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in this Arial typeface. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Albert Zakhary Special Exception Request 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) 1 "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. .L,11.!`,1 r' Serving Florida Local Governments Since 1988 3 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. Serving Florida Local Goternmenis Since 1988 Staff Report Applicant's Name: Albert Zakhary Special Exception Request 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(c) (1) — (8) When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1)-(8). The required findings are listed below followed by the Applicant's 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 of the Comprehensive Plan." We agree that the proposed drive-through service is not inherently contrary to the Comprehensive Plan 5 f Serving Florida Local Governments 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. 90-373(b). 1,11 .1411'i.: Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Albert Zakhary Special Exception Request 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. 7 Serving Florida Local Governments Since 198K 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 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Albert Zakhary Petition No. 14 -001 -SE Special Exception Request FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS —NE 3rd Sf. Subject Property COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Serving Florida Local Government: Since 1988 9 Staff Report Applicant's Name: Albert Zakhary Petition No. 14 -001 -SE Special Exception Request 14 ZONING MAP SUBJECT SITE AND ENVIRONS li!ill°1 114 R/ Mil Subject Property r >` - —M St Ina St. wow 203 ZONING CBD - COMM BUSINESS DISTRICT CHV - HEAVY COMMERCIAL CiT- LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE H - HOLDING IND - INDUSTRIAL PUB - PUBLIC FACILITIES PUD -MIXED PU D -R RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOME RSF1 - RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY {2 Serving Florida Local Governments Since 1988 10 Staff Report Special Exception Request Applicant's Name: Albert Zakhary Petition No. 14 -001 -SE AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES SF 9'F F�3'l4 fa Subject Property 77) Semi n**. Florida Local Governments Since 1988 11 liTDEPENDENT_ _ iiii NEWSPAPERS OKEECHOBEE NEWS NEWSPAPERS NEWS 107 5 W.19 S.W. 17th Street, Suite D, Okeechobee, FL 34974 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 Lir 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 .1-i/i�{ 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 day of ()ill AD a� Notary Public, State of Florida at Large =Qin` eves;; ANGIE BRIDGES r!� r MY COMMISSION # EE 177653 EXPRES' Apr1I 20 2016 %� pd n,, Bonded Thru Notaly Pu6Bc Underwriters (863) 763-3134 PUBLIC NOTICE CONSIDERATION OFA PROPOSED SPECIAL EXCEPTION A PUBLIC HEARING will be held before the Gty of Okeechobee Board cf Adjustment and Appeals on Thursday, May 15 2014 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3d Ave, Council Chambers, Rm 200, Okeechobee, Florida. The agenda is available on the City website www.cityofokeechobee.com, or contact the General Services Department, pburnette@cityotokeechabee.com, 863-763-3372 x 218. Under consideration Is Special Exception Petition No. 14 -001 -SE, submit- ted by MrAlbert Zakhary, Representative, on behalf of property ohner,it 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 maybe inspected during regular business hours, Mon -Fri, Sam-4:30pm, except for holidays. The Board of Adjustment and Appeals serves as the decision making body (quasi judicial), on behalf of the City, to approve or deny Special Excep- tions. 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, contactrior to ppthe General Services Office no later than two business days BE ADVI ED that shoul863-763-3372.oIntend to show any document, picture, video oritemsto the Board In support or opposition to any item on the agenda; a Board Secrretadocument, y for the City's recordsreo, or Item must be prov ded to the by: Brian Whitehall, Zoning Administrator Petition No. 14 -001 -SE 465107 ON 4/27;5/7/2014 Patty Burnette From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Monday, July 07, 2014 6:05 PM To: sdobbs@stevedobbsengineering.com; alzakhary@yahoo.com Subject: Special Exception for 205 NE Park Street Attachments: PB Minutes 051514.pdf Good Afternoon Mr. Zakhary: This email is to officially advise you that the Board of Adjustments at its regular meeting on May 15, 2014, approved your Special Exception, Petition No. 14 -001 -SE, to allow drive-through service within a Central Business District (CBD) Zoning District (Ref. Sec. 90-313(1) for Lots 7, 8 and 9 of Block 153, City of Okeechobee and located at 205 NE Park Street. The purposed use is for a Dunkin Donuts with a drive-through service. Attached herewith please find a copy of the minutes for your records. Please reference City Code Book Sec. 70-373 (f) Special Exception use by Board of Adjustment, nonuse. If the Special Exception use granted by the Board of Adjustment shall fail to exist or fail to be used for a continuous period of 180 days, then such use shall lapse and the current owner be required to reapply as provided in this division. Should you require additional information please do not hesitate to contact me. Thank you, Patty Tatty ?Vt. Burnette general Services Coordinator City of Okeechobee 55 Southeast 3rd (Avenue Okeechobee, EL 34974 g e( 863-763-3372 ext. 218 Tax: 863-763-1686 e -nail pburnette@cityofokeechobee.coin website: vvww.cityofokeechobee.coni NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 Patty Burnette From: Sent: To: Subject: Attachments: Good Afternoon Mr. Zakhary, Patty Burnette <pburnette@cityofokeechobee.com> Thursday, May 08, 2014 1:14 PM sdobbs@stevedobbsengineering.com; 'alzakhary@yahoo.com' May 15, 2014 Planning Board/Board of Adjustment Meeting 14 -001 -SE Zakhary.pdf; Agenda May 2014.pdf Please be advised that the Board of Adjustments and Appeals of the City of Okeechobee will be considering your Special Exception Petition No. 14 -001 -SE, to allow drive-through service within a Central Business District Zoning District (Ref. Code Sec. 90-313 (1)) located at 205 NE Park Street for the proposed use of a drive-thru Dunkin Donuts on Thursday, May 15, 2014 at 6:00 p.m., at City Hail, Council Chambers, Room 200. A copy of the Agenda and Planning Staff Report are attached. Please be sure to review these documents prior to the meeting. Contact me with any questions. Should you, or a representative, not be able to attend this meeting, please let me know. Sincerely, Pay Party 5f, Burnette yenera(Services Coordinator City of Okeechobee c5 Southeast :wet -Avenue Okeec bobee, .FL 34974 Te1: 863-763-3372 ext.:218 Tax: 863-763-1 686 (:h1.er1tetteoc[tLIof"ofteecIiobee.conL website: www.cityc fokeeciiobee.coni. NOTICE: Due to Florida's broad public record Imus, this email may be subject to public disclosure. 1 BILI was MGll,led CZE Patty Burnette From: Wm. F. Brisson <bill@Iarueplanning.com> Sent: Friday, April 11, 2014. 11:47 AM To: 'Steven L. Dobbs, P. E.; 'Rachel Byassee' Cc: `Patty Burnette' Subject: RE: Dunkin Doughnuts Steve and Rachel, Cv p q (}F. I received your new graphic with the labels overlain on the aerial. I thought I sent you a reply on Wednesday, but I have since found out that my Microsoft Outlook was acting up and a number of emails did not get sent and then I was out-of-town. We do not feel that the new material is sufficient. While neither we nor the Board of Adjustment/ Planning Board need a complete formal site plan, in order to allow us to make a determination as to how the traffic will be handled on and off the site, we will need a larger scale and more specific graphic. I originally mentioned that we really need a larger scale, preferably 24 by 36 although something slightly smaller could work. The graphic provided is far too small and not sufficiently detailed. We need to be able to actually see the driveways, the proposed ingress and egress, proposed directional A\ pattern, locations of the order and pickup windows, and how the parking would be provided relation to the drives. realize that there is no specific requirement for this detail, but this is the preferred way for the applicant to "demonstrate" how traffic on and off the site will be handled. Without better information I don't know how I will be able to make a reasoned recommendation to the Board of Adjustment or how the Board will be able to make a reasoned decision. Of course, it is your option if you wish to go with what you have provided. Also, bear In mind you or someone else should be prepared to discuss the traffic generation and transportation impacts of this drive-thru. Bill From: Rachel Byassee[mailto:rbvassee©stevedobbsengineering.cor„] Sent: Wednesday, April 9, 2014 1:58 PM To: Bill Brisson Subject: Dunkin Doughnuts Attached is the revised plan, Steve wanted me to send this to you to look at and see if this is what you were looking for. If you have any questions, comments or concerns please feel free to call or email our office. Thank you, :'alc 'va 4e 'nedi9eitet 1 Patty Burnette From: Wm. F. Brisson <bill@Iarueplanning.com> Sent: Wednesday, April 09, 2014 8:53 AM To: 'Patty Burnette' Subject: RE: Dunkin Doughnuts Patty, 0,Vcontf just spoke with Steve. Told him the survey is illegible and I need something more clear. Also told him I need at least a basic site plan showing the entrances and exits to the property, with indications of directions of flow, the drive-thru location in relation to the parking, etc. at a scale we can read and use. He said he will get something to me, although he wasn't real happy about it. Thanks, Bill From: Patty Burnette [i ailto:oburnette cityofokeechobee.com] Sent: Tuesday, April 8, 2014 3:05 PM To: bi!IrTiarueolannina.t om Subject: FW: Dunkin Doughnuts Hi Bili. Steve Dobbs sent this copy to me for the SE application for Dunkin Donuts. I told him it is very hard to read and that we really needed a cleaner copy. Did not know if this would be acceptable to you or not? Thanks, Patty From: Steven L. Dobbs, P. E. [ Alto:sdobbs(astevedobbsengineering.com] Sent: Tuesday, April 08, 2014 2:18 PM To: 'Patty Burnette' Subject: Dunkin Doughnuts Here you go. sdobbs®stevedobbsengineering.com 1 Easy Peel® Labels Use Avery® Template 5160® NEWMAN AIR CONDITIONING INC P 0 BOX 986 OKEECHOBEE, FL 349730986 SPIRIT CV OKEECHOBEE FL LLC %CVS #3237-01/OCC EXP DEPT 1 CVS DRIVE WOONSOCKET, RI 28956146 DANIEL DAVID R III 548 NW 50TH DR OKEECHOBEE, FL 34972 SWEDA RENNAE 497 SW 21ST ST OKEECHOBEE, FL 349740000 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160® If If A MOM Bend along line to Feed Paper expose Pop-up EdgeTM CONLON DAVID M & ROSE M 100 SW 15TH ST OKEECHOBEE, FL 349745256 114 NORTH PARROTT LLC 5920 SENEGAL DR JUPITER, FL 33458 VISITING NURSE ASSOCIATION OF FLORIDA INC 2400 SE MONTEREY ROAD #300 STUART, FL 34996 CITY OF OKEECHOBEE 55 SE 3RD AVENUE OKEECHOBEE, FL 349742903 A Sens de chargement Repliez a la hachure afin de reveler le rebord Pop-up'M ; OI CA AVERY® 5160® BROTHER IN LAW ENTERPRISES INC 221 NE PARK STREET OKEECHOBEE, FL 349720000 CITY OF OKEECHOBEE 55 SE 3RD AVENUE OKEECHOBEE, FL 349742903 SWEDA STANLEY 204 ES PARK ST OKEECHOBEE, FL 349742967 www.avery.com 1 -800 -GO -AVERY Tisk. r nt �itE !viii, ,.(,.�a7 , vet"'. • ;'a..E h:1L N(]1 i drt :iL l'I:;1'_.,:C 3.'il;11'; h. J:. • Min; itli, r'l,ll fi' Ir.r ii11', 'I;<rwr. l'.11:IPSI , e F . • �i AvPly Teruptate5 SirF '"J 4 €' i t i €'r 'i' is I P t... ', A"f 9(11'.Nrr!) 1,11; I[)11,11. ' ti` r1f;1 ��c�l1?i,t:fl�Stit(�IC ilr asl''. 1`>:. 1 e .1 p.. �Nar; „• o r•* .1 . Sup• ' 1f ,u`. .. •`II'1�4' _1.hde, f� It I; R,'i' •r. !Ilii 7) a 1' i, 1. !;S R (C�><? t f t e s .aiv a r y li1) k. i i ', AT I. i ...,$[)!itis',�'%•i141i' 1' 1;h • fir;, '.t 4'i•),41ii'^i.(`` i ,n5ejos B.a,stcos do `hl!•t11;' �,711it1•`. ii; 11" 5.1I�'1[ ,•(i!)f 11!I,i ;!.)f i1 nhi.'!1Y_I !r�' •,�in.,ll,r,d,h C. 21 ;,-, ,•U11. • !.i• • ..i 11112.11 21111 1 1 1,,,..,;2 �f„nn CA; t.';•;1A`zA'CI ,, _.IIV i:.!!1. ,II,• rac.'L'• ; • • I2)1• ' ae..., r n� i� ��� - item I ; iE• .1. 0 j . • 1 4e' 2 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING/SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): 14-001- SE - Date of 1St Public Hearing: .5/i &/,,q Address of subject property (or Legal if no address): 05 N E Pa K .S.f L 1-q BL 5 3, &it 0-F Ol eecnv I, David Alt f) , hereby certify that I posted the "Notice of Public Hearing" sign in accordance with the above instructions on LI -30-14 , and will remove sign on 5/ib 114 STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before who is personally known to me /or produced Ptq I`L. 8 unly� (signature) Print, type or stamp name of Notary Date: 1-/- 3D ' /q me this 3yfhcaf /1}-p(t l ao,c1 as identification. SEAL: oar Pk., Notary Public State of Florida 11 Patty M Burnette My Commission EE 218356 pfµ Expires 10/02/2016 March 31, 2014 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Job No.: 2014-013 Subject: Dunkin' Donuts Drive -Through Special Exception Application Dear Reviewer: Enclosed find an application for a City of Okeechobee Special Exception for a Drive - Through for the above referenced project including; a completed application, one 11 x 17 exhibit, a signed and notarized Surrounding Property Affidavit, responses to the Standards and requirements of a Special Exception, and a check in the amount of $500.00 for the application fee. Should you have any questions or comments, please do not hesitate to call me at 863-824- 7644. Sincerely, Q Aci Steven L. Dobbs, P.E. President Enclosures Cc: Al Zakhary File 1062 Jakes Way, Okeechobee, FL 34974 Phone: (863) 824-7644 Cell: (863) 634-0194 Email: sdobbs@stevedobbsengineering.com Website: www.SteveDobbsEngineering.com CITY OF OKEECHOBEE, FLORIDA 3 8 5 9 3 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N0 _ (863) 763-3372 3- -6 i 20 /,-) RECEIVED from (--L- -- c.iu- '— - -Lit C _ : L'LI' J/ e -r-, _ —_' - goo 4.. 4,C Dollars $ C_K. $sC CLERK