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2014-09-18
1 CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 18, 2014 SUMMARY OF BOARD ACTION AGENDA I. CALL TO ORDER - Chairperson. Planning Board /Board of Adjustment and Appeals, September 18, 2014, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice Chairperson Terry Burroughs Board Member Phil Baughman Board Member Karyne Brass Board Member Douglas McCoy Board Member Les McCreary Board Member Gary Ritter Alternate Board Member John Creasman Alternate Board Member (vacant position) Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty M. Burnette III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the August 21, 2014, Regular Meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 479 PAGE 1 OF 7 ACTION - DISCUSSION - VOTE Chairperson Hoover called the September 18, 2014, meeting to order at 6:00 p.m., held in the Council Chambers located at City Hall, 55 Southeast 3rd Avenue, Okeechobee, Florida 34974, Room 200. Board Secretary Burnette called the roll: Present Present Absent (without consent) Present Present Present Present Present Position Vacant Absent (with consent) Present Present Approval of the August 21, 2014, minutes will be reconsidered at the next meeting. No official action was taken on this item. Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There being none, the agenda stands as published. 480 AGENDA V. OPEN PUBLIC HEARING - Chairperson. A. Consider Application No. 14- 001 -TA submitted by Donna Wildes, requesting to amend the Permitted Uses within the Commercial Professional and Office Zoning District, Section 90 -222 of the Land Development Regulations (Exhibit 1). 1. Hear from Planning Staff. SEPTEMBER 18, 2014 - PLANNING BOARD - PAGE 2 OF 7 ACTION - DISCUSSION - VOTE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:02 P.M. Application No. 14-001-TA was submitted by Donna Wildes and requests to include Personal Services in the Permitted Uses within the Commercial Professional and Office (CPO) Zoning District as listed in the Code of Ordinances, Section 90 -222 of the Land Development Regulations (LDR's). Chairperson Hoover yielded the floor to Planning Consultant Brisson to present the Planning Staff Report. The applicant has obtained a lease agreement with the option to purchase property located at 210 Northwest 5`h Street to operate a health club /fitness center that will provide 24 -hour access of fitness services. The property is zoned CPO and this use is not permitted. The effect of the proposed amendment would expand the list of permitted uses to include a variety of personal service uses not now presently allowable. As provided in Code Book Section 66 -1 Definitions, "Service, personal, means an establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. These include barbershop, beauty shop, clothes cleaning and repair, nail care, pawnshop, reducing salons and health clubs, shoe repair, tailor, and similar uses not primarily offering a product for sale." Currently barbershop and beauty shop are permitted by special exception. Planning Staff's response to the applicant's presentation on required findings to consider the amendment are that it is not contrary to any goals, objectives or policies in the Comprehensive Plan. The proposed change and its likely effects are compatible with the intent of the LDR's and specifically the intent of the CPO Zoning District as the introductory paragraph to the permitted uses includes no specific reference to personal services though expressly prohibits retail sales, display or storage of merchandise, and the manufacture or mechanical repair work. The use would not be expected to have an adverse effect upon the public interest, and in fact the location of personal service uses in close proximity to concentrations of office workers, can reduce traffic congestion, travel time for services and activities. The fact that such uses are located within walking distance of the office concentrations, vehicular trips for such activities or errands may be reduced. The expansion of the uses allowable in this district should be approached with caution. The greatest concentration of CPO Zoning is located adjacent to and extending north of the Central Business District, in close proximity to the Courthouse and other public offices. Since the CPO Zoning is the City's least intensive commercial district, it has been recognized as a transitional use between more intense commercial uses and residential uses. Planning Staff is of the opinion that most personal service uses may be compatible in many situations and locations, but not all locations. Therefore, Mr. Brisson recommended that personal services would be most appropriately added 1 V. PUBLIC HEARING CONTINUED. A. 1. Hear from the Planning Staff, Text Amendment Application No. 14- 001 -TA continued. 2. Hear from the Applicant or designee /agent. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consider a motion to recommend the City Council approve or deny Application 14- 001 -TA. b) Board discussion. SEPTEMBER 18, 2014 - PLANNING BOARD - PAGE 3 OF 7 4 8 1 ACTION - DISCUSSION - VOTE as a special exception use rather than as a permitted use, most especially when addressing these required findings: Will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district affected or nearby. Will be able to be suitably buffered should it be necessary. Planning Staff agrees the inclusion of the proposed uses will not create a density pattern that would overburden public facilities such as streets, schools, and utility services, and could help to reduce it. Flooding or drainage problems are not applicable in this instance, and should not burden properties in the CPO District or any other adjacent zoning districts by unnecessary restrictions. Ms. Wildes accompanied by Mr. Maynard Patterson, were in attendance and explained the building they are wishing to use for a fitness center has been vacant for several years, and has not been maintained well, by making improvements and establishing a thriving business they believe this could benefit the community. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none offered. 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. Chairperson Hoover as well as Board Member Burroughs disclosed that they had spoken to Mr. Patterson and Board Member McCoy disclosed he had spoken to Ms. Wildes' mother about the application. Board Member Burroughs moved that in lieu of the changes submitted by Donna Wildes, for Application No. 14-001-TA, requesting to amend the Permitted Uses within the CPO Zoning District, Section 90 -222 of the LDR's, instead based on the Planning Staff findings they recommend the City Council approve amending the Special Exception Uses within the CPO Zoning District, Section 90 -223 of the LDR's to include Personal Services with the exception of pawn shops and to exclude barbershop, beauty shop from the Special Exception Uses as these uses are included in the definition of Personal Services, seconded by Board Member Ritter. Chairperson Hoover asked whether there was any further discussion. There was none. 482 AGENDA V. PUBLIC HEARING CONTINUED. A. 5. c) Vote on motion to recommend the City Council approve or deny Application 14- 001 -TA. QUASI- JUDICIAL ITEM B. Petition No. 14- 006 -SE, submitted by Joel Perez, on behalf of property owner, Seacoast National Bank, to allow a house of worship, on a lot less than five acres, within a Residential Single Family -One Zoning District, (Ref. Sec. 90 -103 (5)), for Lots 1 to 10 of Block 9, Southwest Addition, and located at 1007 SW 4th Street, containing approximately 1.634 acres (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 006 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. SEPTEMBER 18, 2014 - PLANNING BOARD - PAGE 4 OF 7 ACTION - DISCUSSION - VOTE VOTE HOOVER - YEA MCCREARY - YEA BURROUGHS -YEA BAUGHMAN - ABSENT BRASS - YEA MCCOY - YEA RITTER - YEA CREASMAN - N/A MOTION CARRIED. Petition No. 14- 006 -SE was submitted by Mr. Joel Perez of Iglesia Bautista La Cosecha, on behalf of property owner Seacoast National Bank, to allow a house of worship, on a lot less than five acres, within a Residential Single Family - One Zoning District (RSF -1), (Ref. Sec. 90 -103 (5)). The legal description being Lots 1 to 10 of Block 9, Southwest Addition, and located at 1007 Southwest 4th Street, containing approximately 1.634 acres. 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 Joel Perez, 1529 Par Court, Vero Beach, Florida. Planner Brisson explained the facts of the petition and that the applicant is proposing to build a house of worship intended to serve the local Hispanic community with regular morning and evening services on Sunday, and evening services on Wednesday. The sanctuary is proposed to seat 150 persons. Planning Staff's recommendation for approval is based on two sets of criteria. One being the site's consistency with the current LDR's, and the other, findings required to consider a Special Exception. Planning Staff's responses to the applicant's presentation on consistency with the LDR's are, the location and site are appropriate for a house of worship. The parcel is 1.643 acres and has a width of just over 500 feet along Southwest 4th Street. Therefore, the site exceeds the minimum area of 40,000 square feet and minimum width of 150 feet as required under Section 90 -696, which sets forth supplemental minimum requirements for a house of worship that is located on a parcel of less than five acres. A preliminary site plan that was submitted by the applicant indicates that the building will meet all required setbacks and that there is adequate space to provide required landscape buffers to protect nearby uses. Unless the proposed house of worship incorporates a steeple or other feature that exceeds 30 feet, for which an additional special exception would be needed, no specific design efforts should be required. Unless outdoor activities are expected to be undertaken on the site, no special screening is expected to be necessary. There appears to be adequate room to accommodate vegetative screening or fencing should it be determined to be necessary during the site AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 2. Hear from the Planning Staff, Special Exception Petition No. 14-006 - SE continued. SEPTEMBER 18, 2014 - PLANNING BOARD - PAGE 5 OF 7 4 8 3 ACTION - DISCUSSION - VOTE plan review. The primary impact on the surrounding area would be the generation of traffic and parking demands associated with attendance at services and special events. Estimates of demand for potable water and sanitary sewer utility services were based on general demand factors from another community. While not necessarily applicable to Okeechobee, the figures provided a reasonable ballpark estimate of demand. The figures would normally be considered to be of a scale that could be accommodated by Okeechobee Utility Authority (OUA) facilities and available capacity. The applicant would need to confirm before the site plan is approved, that OUA could accommodate the demand associated with the proposed uses. Daily demand for sewer for a 150 seat sanctuary at an estimated 3.6 gallons per day, per seat, would amount to about 540. Daily demand for potable water for a 150 seat sanctuary at an estimated 3.0 gallons per day ,per seat, would amount to about 390 gallons. It appears reasonable that the volume of solid waste associated with a development of this size could be accommodated within the capacity of the County's solid waste facility. The County has confirmed on a number of occasions, that there is a considerable level of excess capacity available to serve the solid waste disposal needs of other developments in the City. Assuming all 58 parking spaces are occupied and allowing for an average of two persons per vehicle, one would expect about 29 trips leaving or arriving at any given time. Even allowing for overlap between services, it would not likely exceed 60 trips. The proposed four driveways should be capable of absorbing this level of traffic without causing undue congestion on the local roads. Planning Staff's responses to the applicant's presentation on the required findings to consider the Special Exception, are that the proposed use is specially listed, in Policy 2.1 of the Future Land Use Element, as an allowable use in the Single - Family Residential Future Land Use Category. The use is specially listed as a special exception use in the RSF -1 Zoning District. The use will not have an adverse effect on the public interest as perimeter landscaping should provide an adequate buffer for adjacent residential uses; traffic levels should not result in undue levels of congestion; and the use should not unduly tax public services and facilities. The use is appropriate for the proposed location as shown on a preliminary site plan. The proposed building will meet all required setbacks and there is adequate space to provide required landscaped buffers to protect nearby uses. Since there is a house of worship already in the immediate area, the addition of the proposed church will not be detrimental to the development pattern in the area. The use will not adversely affect property values, living conditions, or deter future development in the area. Unless outdoor activities are expected to be undertaken on the site, no special screening is expected to be necessary. However, there appears to be adequate room to accommodate vegetative screening or fencing should it be determined to be necessary during he site plan review. The use will not create a density pattern that will overburden public facilities such as streets, schools, and utility services as density is not a consideration with a house of worship. The use is not expected to create traffic 484 AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 2. Hear from the Planning Staff, Special Exception Petition No. 14-006 - SE continued. 3. Hear from the Property Owner or designee /agent. 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. SEPTEMBER 18, 2014 - PLANNING BOARD - PAGE 6 OF 7 ACTION - DISCUSSION - VOTE congestion, flooding or drainage problems, or otherwise affect public safety. Neither the site or the proposed use are inordinately burdened by unnecessary restrictions. Board Member Ritter inquired about the storm water retention and Mr. Brisson responded that would be addressed at site plan review. He further stated that the building is 5,500 square feet and that about 80 percent of the parking would be grass. Mr. Perez was in attendance to answer questions. He expressed his thanks and appreciation to the Board for considering this Petition. The Board did not have any questions. Mr. Misael Castillo, 1001 Southwest 10`h Avenue, Okeechobee, Florida, was administered an oath by Notary Public Patty Burnette, and responded affirmatively. He represents Florida Baptist Convention and stated he has lived in Okeechobee for about 24 years. During this time he has been aware of the increasing number of Spanish people residing here, and stated there is a great need for this church. The petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to 33 surrounding property owners. Secretary Burnette received no inquiries or comments. 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. There were none. Board Member Burroughs moved to approve Petition No. 14- 006 -SE, submitted by Joel Perez, of Iglesia Bautista La Cosecha, on behalf of property owner Seacoast National Bank, to allow a house of worship, on a lot less than five acres, within a RSF -1 Zoning District, (Ref. Sec. 90 -103 (5)), for Lots 1 to 10 of Block 9, Southwest Addition, Plat Book 2, Page 7, Okeechobee County Public Records and located at 1007 Southwest 4th Street, containing approximately 1.634 acres, seconded by Board Member Brass. Chairperson Hoover asked whether there was any further discussion. There was none. AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 6. c) Vote on motion, Special Exception Petition No. 14- 006 -SE continued. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. ATTEST: � ('1 ua 1tk P#u urnette , Secretary 1 Dawn T. Hoover, Chairperson 985 SEPTEMBER 18, 2014 - PLANNING BOARD - PAGE 7 OF 7 ACTION - DISCUSSION - VOTE VOTE HOOVER - YEA MCCREARY - YEA BURROUGHS -YEA BAUGHMAN - ABSENT BRASS - YEA MCCOY - YEA RITTER - YEA CREASMAN - NIA MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:27 P.M. Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. There were none offered. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:28 p.m. City of Okeechobee Planning Board /Board of Adjustment and Appeals Patty's Hand written Minutes September 18, 2014 Pg 1 of I. CaII To Order - Chairperson: Chair Hoover called the September 18, 2014, Planning Board /Board of Adjustment and Appeals Regular Meeting to order at (D•LL p.m. II. Chairperson, Board Member Staff Attendance - Secretary. III. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the August 21, 2014 regular meeting; seconded by Board Member Discussion: Iltautizo no+&ULt� Wit I b re rt n,GGcc -cam ,c,e,nJ V��- -- PRESENT ABSENT (W OR W/0 CONSENT) Chairperson Hoover I,, NONVOTING Vice Chairperson Burroughs v Board Member Baughman Board Member Brass tr BURROUGHS Board Member McCoy Board Member McCreary V Board Member Ritter Alternate Board Member Creasman +� Alternate Board Member (vacant position) BRASS Planning Consultant Brisson, Senior Planner Board Attorney Cook — - Board Secretary Burnette v III. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the August 21, 2014 regular meeting; seconded by Board Member Discussion: Iltautizo no+&ULt� Wit I b re rt n,GGcc -cam ,c,e,nJ V��- -- YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BURROUGHS BAUGHMAN BRASS MCCOY MCCREARY RITTER CREASMAN RFSUI TS. CARRIFD DFNIFD September 18, 2014- PB /BOA Minute Guide - Page 2 of / IV. Agenda - Chairperson. A. Chair Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. n&- V. OPEN PUBLIC HEARING - Chairperson. (G-.; A. Consider Application No. 14- 001 -TA submitted by Donna Wildes, requesting to amend the Permitted Uses within the Commercial Professional and Office Zoning District, Section 90 -222 of the Land Development Regulations (Exhibit 1). 1. Hear from Planning Staff. P PL "Fe-ti k-c-e s in CPO Zottill S . 0 s �e �- f el E- e/vtsc v� Gf c,sf-ric 1- � 5- is Q g u,�s r�-► oyt �Q�ae1r� n�i cc,i as 50rritt. 1. d Lam ma-Li rd+ b-e_ a-PIr° `cAt.c- rn- NUL GC e 0,-P rhw 0-Lc snue tesv-s r\o-t- eta; a.L(s (o c_a. • J S<na a� I ��° �jLYbe✓Shop / ` P hr o`f Mdol- Pitu Pev2,, laJ 3e.y/1 SYYq 1 e _ , gyp., pllh.er areaa ( Cow heS) 11-6,ve_ More tYofie, peivii n et) 4x;ry t e _ys . o ,,- d t hn i .1-7 en, s not LIAoi--i•--vr rvu -For SE - ‘P 0,,i'v - GP,jokv i, ,„0, .0 >7 OYN —17v rt4 VVOLjj ,( fr cP 00-9',e):t ie)j via September 18, 2014- PB /BOA Minute Guide - Page 3 of It 2. Hear ffomt Applicant or designee /agent. P na y 0.45 - -,P n. r.4- obyyvitaAdrj q)d tt i.L'att. J )10-%5 Vet t eLA.- - folic i i Y16- 3. Public comments or questions from those in attendance, or submitted to the Board Secretary Iii �Yl.� September 18, 2014- PB /BOA Minute Guide - Page 4 of 4. Disclosure of Ex -Parte Communications' by the Board. yl " itot/beitt).n_ 5 po KL:4-1) r. 191.76tr s 67k-- qc"c"“)9 �� --h, elks: I , L dux - sfr f 5. a) p -A A-6h Pt September 18, 2014- PB /BOA Minute Guide - Page 5 of s enikawd kite_ 60-11 bikAuto Consideration of a motion tol-approve or deny petition. 5 Board Member moved to approve /deny Application No. 14- 001 -TA submitted by Donna Wildes, requesting to amend the Permitted Uses within the Commercial Profes ' n l and Office Zoning District, Section 90 -222 of the Land Developm nt Regulations, seconded by Board Member �44t. L-x-e,ck■re...p,k) 01/LILL:IS' a G b) Board discussion. September 18, 2014- PB /BOA Minute Guide - Page 6 of I t c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER v BURROUGHS BAUGHMAN BRASS `r MCCOY tZ� MCCREARY RITTER / ✓ CREASMAN RFSULTS: ARRIFD DFNIFD QUASI- JUDICIAL ITEM B. Petition No. 14- 006 -SE, submitted by Joel Perez, on behalf of property owner, Seacoast National Bank, to allow a house of worship, on a lot less than five acres, within a Residential Single Family -One Zoning District, (Ref. Sec. 90 -103 (5)), for Lots 1 to 10 of Block 9, Southwest Addition, and located at 1007 SW 4th Street, containing approximately 1.634 acres (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 006 -SE will be required to take an oath, respond, and give your full name and address). &_O' pe, 0-71. -- 2. Hear from Planning Staff. C fsn a�ci 6(.4,L4H itko,c14_(.(--Lat„ 15o pe,r-t-A'''`-s 6 oce,r -its. veho u (efe pprocaCuLt. bed- s eaci-s ©e.o_tp w ( a tzeept., /0.1,474t.tt, 44/ 44-1--te, I ssko_q GU-L StzuttUA.reLs not Pr° b 1tm-s Ste. t:x' I t Pa tAtc _ Pa-4 5 pie _Li anti, raktro.te September 18, 2014- PB /BOA Minute Guide - Page 7 of J L" at-- fie T LIU a -cL 41) CLCI—CGrLe4 kit �-� c is, 4o Gbes 5 �" /LL rLe't-f ttAi 56() sr% fua-'f cg" iubtr Chow RQiAd . 3. Hear from the Property Owner or designee /agent. 15a a (%(C. V && �o q uQSh6 ��nts 61( > ar I1 Y -�- September 18, 2014- PB /BOA Minute Guide - Page 8 of 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. September 18, 2014- PB /BOA Minute Guide - Page 9 of I 1 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Con i.erati�n of a motion to approve or deny petition. Board Member moved t approve /deny Petition No. 14- 006 -SE, submitted by Joel Perez, on behalf of property owner, Seacoast National Bank, to a a house of worship, on a lot less than five acres, within a Residential Single Family -One Zoning District, (Ref. Sec. 90 -103 (5)), for Lots 1 to 10 of Block 9, Southwest Addition, and located at 1007 SW 4th Street, containing approximately 1.634 acres, seconded by Board Member . b) Board discussion. September 18, 2014- PB /BOA Minute Guide - Page 10 of I, c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BURROUGHS BAUGHMAN BRASS MCCOY MCCREARY 7. RITTER ✓ CREASMAN / Y RFSUI TS. CARRIFD DFNIFD CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. September 18, 2014- PB /BOA Minute Guide - Page 11 of VII. ADJOURN - Chairperson. , 'Per Resolution No. 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863 - 763 -3372. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. Planning Board /Board of Adjustment and Appeals Meeting September 18, 2014 Name Address \ Per-z 15a-q ar C-`d Vero 13eacG, f(, 0�s)el 4 /00/ S•) /0 4.e, Oke ?c444(Y INDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863 - 763 -3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the 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 2 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 91(.41g 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 further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed be t' Katrina Elsken re me this ILI day of AD Notary Public, State of Florida at Large 1 ;qi"�":'.: ANGIE BRIDGES =.; 6 ..*1 MY COMMISSION # EE 177653 =;•..�: a;= EXPIRES: April 20, 2016 % ;pF .d `' Bonded Thar Notary Public Underwriters NOTICE OF CITY PLANNING BOARD MEETING NOTICE: The City of Okeechobee Planning Board will meet as the Local Planning Agency on Thursday, September 18, 2014 at 6 PM or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider any proposed amendments to the adopted Land Develop- ment Regulations (LDR's), submitted by City Staff or citizens. All amend- ments are forwarded, with a recommendation, to the City Council for final consideration. All interested parties are encouraged to attend. Please contact General Ser- vices at 863 - 763 -3372, or website, cityofokeechobee.com, to obtain a copy of the agenda or to view the proposed amendments. ANY PERSON DECIDING TO APPEAL any decision made by the Planning u ertiecno riaite elrlssa verbatim record the matter m de and th record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate 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 Planning 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 461798 ON 9/12/2014 Requests for the addition, deferral or withdrawal of items on today's agenda. •uosiadiTeg3 - yaN3o' 'Al Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the August 21, 2014, regular meeting. tie3aaoaS S31(1NIW 2 \ -n n E 0 / / \ .. \ / co N) CD - 0 co 0 / 0 \ % O co \ % CD 0) CD \ 0 cri Cri C/) / \ co 0 co CD / / SEPTEMBER 18, 2014 OFFICIAL AGENDA PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MEETING 338OH033NO JO AJJO V. OPEN PUBLIC HEARING - Chairperson. O) 0 N a) v 0 as= m O Q) a) O p- m 0 a) E E O U a) t c .3 O a) D a as a) E a0) a`) d 12 o m 0 m c ac) E IL cr a- N W 0 U 0 U C a 0 - m 0 O C CU o m a) O _c T D C a) _0 •o C 0 [n G) O c O a E _c o > _ 0 0 > O C E U O E a) 0 .c a. CO D a) c E m O -o O EI cc o ' o m o U O O J C 0 o 0 U) U O -0 O . 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NEW BUSINESS. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. uosaadaleg0 - N2lnof av 'UUA SEPTEMBER 18, 2014 - PB /BOA AGENDA - PAGE 3 OF 3 Ex hibit Okeechobee, Phone: Fax: .echobee 1 'rvices Department Avenue, Room 101 Florida 39974 -2903 (863) 763 -3372, ext. 218 (863) 763 -1686 Date: '.0-i- ► y Petition No. 14-* 00 I_ TA Fee Paid: , Jurisdiction: p }�� '` S 1 Hearing: (1_18_04 2" He nra ii g q1 l / 0; E. �o al Publication Dates: Notices Mailed: APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: Donna Wildes dba Beasts & Barbells, LLC 2 Mailing address: 1647 SW 22nd Terrace Okeechobee Florida 34974 3 E -mail address: donna m wildesyahoo.com 4 Daytime phone(s): 863.634.3023 5 Do you own residential property within If yes, provide address(es) the City? ( ) Yes (_x_) No 6 Do you own nonresidential property within the City? () Yes (_x ) No If yes, provide address(es) REQUEST INFORMATION Request is for: ( ) Text change to an existing section of the LDRs a permitted use () Deletion of a permitted use special exception use ( ) Deletion of a special exception use (_x_) Addition of (_) Addition of a ( ) Addition of an accessory use ( ) Deletion of an accessory use 8 Provide a detailed description of text additions in underline format. (This changes to existing section(s) showing deletions in strikeout and description may be provided on separate sheets if necessary .) and Office (CPO) District and office (CPO) zoning districts shall be permitted only on land use category commercial in the comprehensive plan: and office (CPO) zoning districts shall be subject to the sales, or display or storage or merchandise, and no manufacture permitted and no trucks larger than three quarters ton capacity shall and structures are permitted in the CPO district: business office, medical office. Division 6.Commercial Professional Sec 90 -221 Generally. (a.)Commercial professional designated as future land (b)Uses in commercial professional regulations of this division. (LDR 1998, 360) Sec 90 -222. Permitted uses. Subject to the limitations that no retail or mechanical repair work shall be be used, the following principal uses 1. Professional office, LDR Amendment Application Page I of 4 For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 LDR Amendment Application Page 2of4 2. Funeral home 3. Storefront church located in a unit in a multi -use building or shopping center 4. Personal Services (LDR 1998, 361; Ord No 1070, 2, 1 -18 -2011) Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) be changed. (This description may be provided on separate sheets if necessary.) 1.)Addition of Personal Services to Sec 90 -222. Permitted uses. to REQUIRED ATTACHMENTS 10 Non - refundable application fee of $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. For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 LDR Amendment Application Page 2of4 152014 9 Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to be changed. (This description may be provided on separate sheets if necessary.) \. REQUIRED ATTACHMENTS 10 Non - refundable application fee of $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges - When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 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. Printed Name 9 Date' For que sti. s relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 LDR Amendment Application Page 2 of 3 FINDINGS REQUIRED FOR GRANTING A CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, LDR page CD70:16 as modified for a text amendment) It is the Applicant's responsibility to convince the Planning Board /LPA and City Council that approval of the proposed request is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change and its likely effects: 1. Are not contrary to Comprehensive Plan requirements. The proposed text amendment is not contrary to the Comprehensive Plan requirements set forth for Okeechobee. Beasts & Barbells, LLC is petitioning for the CPO zoning to be extended to include Personal Services. The inclusion of the proposed services will be beneficial for Okeechobee County as a whole allowing more valuable amenities to be provided to meet the needs of the community. 2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected. Yes 3. Will not have an adverse effect on the public interest. The proposed amendment will not have any adverse effects on the public interest. This vision suggested to be implemented through the text amendment will foster economic development, ensure future growth that is well - designed and diverse and offer a range of amenities and services for the community. 4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning districts affected, and is not contrary or detrimental to urbanizing land use patterns. Yes 5. ` Will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district(s) affected or nearby thereto. The proposed text amendment will not adversely affect the property values or living conditions within the community. The addition of personal services will allow living conditions to improve and provide more convenience to the zoning district. The amendment will not negatively affect the development of other properties in the zoning district. 6. Can be suitably buffered from surrounding uses, so as to reduce the 'impact of any nuisance or hazard to the neighborhood. N/A 7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. N/A 8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. N/A 9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions. N/A LDR Amendment Application Page 3 of 4 Your responses addressing the above findings should be as descriptive as possible. You should also make a case for your request by explaining why the existing regulation is inappropriate or inadequate, and why what you are proposing is appropriate not only for your particular interest but also for other property owners and the City as a whole. Attach additional pages as may be necessary to adequately make your case. The City will, in the Staff Report, address the request and evaluate it and your submission in Tight of the above criteria and the overall appro- priateness of the request and offer a recommendation for approval, approval with changes, or denial. LDR Amendment Application Page 4 of 4 Applicant Name: Donna Wildes dba Beasts & Barbells, LLC Address: 1647 SW 22"d Terrace, Okeechobee Florida 34974 Contact: 863.634.3023 Date: July 30, 2014 The applicant Donna Wildes dba Beasts & Barbells, LLC is petitioning for a text amendment of Division 6.Commercial Professional and Office (CPO) District to include personal services to be included as a permitted use. The aforementioned applicant currently has obtained a lease agreement with option to purchase the property located at 210 NW 5th Street Okeechobee Florida 34972 as well as purchase of fitness equipment to supply the business needs. Beasts & Barbells, LLC's goal is to provide a convenient center with 24 hours access of fitness services that will allow a more healthy community for its residents and surrounding business employees. The surrounding public includes employees of the Okeechobee County Courthouse, Okeechobee County Sherriff's Department, Okeechobee County Fire Department, local attorney offices, Okeechobee County Property Appraiser /Tax Collector's office. Unfortunately, the leased building located at 210 NW 5th Street is zoned as Commercial Professional Office in which does not include a permitted use or special exception of personal services which will affect the use of the building for the fitness center or any other amenity found within the definition of personal services that can be beneficial for the needs of the community. The applicant believes the inclusion of personal services to the CPO district zone code will foster economic development, ensure future growth that is well - designed and diverse and offer a range of amenities and services for the community. The proposed text amendment will not have any adverse effects on the public interest as the surrounding uses are commercial in nature. It is appropriate for the location, reasonably compatible with adjacent land uses and not contrary to urbanizing land use patterns. The applicant has discussed all possible recourse with Administrator Brian Whitehall and Planner William Brisson regarding the abovementioned circumstance. LDR Amendment Application Page 1 of 4 Staff Report Request for Text Amendment to the Land Development Regulations Prepared for: The City of Okeechobee Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14-001-TA k!..1,',7; Planning & Management Services, Inc. 1375 jot. kson Strect. Suitt. 206 You '1 ers, ida 239-33 S306 Serving Florida Local Governments Since 1988 igiNtiitteatifitkiitapingaiintiMagadik,,Apit&***40IsiStinatittlitigigitiASSOWNOStingtrit% Staff Report Request for Text Amendments to LDR Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14- 001 -TA General, Information Owner/ Applicant: Agent Address: Contact Person: Phone Number: E -mail Address Donna Wildes, dba Beasts & Barbells, LLC 1647 SW 22nd Terr. Okeechobee, FL 34974 Donna Wildes 863 - 634 -3023 CEO @laurelpointe.net ;Request- Applicant is requesting a text amendment to Sec. 90 -222 of the Land Development Regulations to add personal services to the list of permitted uses in the Commercial Professional and Office (CPO) District. The requested change is proposed to read as follows: Sec. 90 -222. Permitted Uses Subject to the limitations that no retail sales, or display or storage of merchandise, and no manufacture or mechanical repair work shall be permitted, and no trucks larger than three - quarters ton capacity shall be used, the following principal uses and structures are permitted in the CPO district: (1) Professional office, business office, medical office. (2) Funeral home (3) Storefront church located in a unit in a multi -use building or shopping center. (4) Personal services The effect of the change is to expand the list of permitted uses to include a variety of personal service uses in the CPO District not now presently allowable. Senin;: Ho, L:u:al ucerumrrns 5in:• 195,, Staff Report Request for Text Amendments to LDR Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14- 001 -TA Analysis Section 70 -340 of the Land Development Regulations requires that all petitions for change of the land development regulations shall be considered in relation to the following criteria, where applicable. The Applicant has provided comment to each of the required findings. These are repeated in Times Roman typeface. Staff comments follow the Applicant's statements and are shown in this Arial typeface. 1. The proposed change and its likely effects are not contrary to Comprehensive Plan requirements. "The proposed text amendment is not contrary to the Comprehensive Plan requirements set forth for Okeechobee. Beasts & Barbells, LLC is petitioning for the CPO zoning to be extended to include Personal Services. The inclusion of the proposed services will be beneficial for Okeechobee County as a whole allowing more valuable amenities to be provided to meet the needs of the community." Staff Comment: We agree, the inclusion of personal service uses in the CPO District is not contrary to any Goals, Objectives or Policies in the City's Comprehensive Plan. 2. The proposed change and its likely effects are compatible with the intent of the 1.,DRs and specifically the intent of the zoning district(s) affected. "Yes." Staff Comment: We agree. While the introductory paragraph to the permitted uses in the CPO District expressly prohibits retail sales, display or storage of merchandise, and the manufacture or mechanical repair work, it includes no specific reference to personal services. It should be noted, however, that the only personal service uses now permitted in the district (barbershop and beauty shop) are allowed only as special exceptions. Scrci a Rorld 1 I. /1 Gorcnirnem9 Sincc 1988 Staff Report Request for Text Amendments to LDR Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14- 001 -TA 3. The proposed change and its likely effects will not have an adverse effect on the public interest. "The proposed arnendment will not have any adverse effects on the public interest. This vision suggested to be implemented through the text arnendment will foster economic development, ensure future growth that is well - designed and diverse and offer a range of amenities and services for the community." Staff Comment: We agree the inclusion of personal services is not likely to have any adverse effects upon the public interest in general. In fact, the location of personal service uses in close proximity to concentrations of office workers can reduce traffic congestion and reduce travel time for services and activities engaged in by office workers before and after work and at lunchtime. To the extent that such uses are located within walking distance of office concentrations, they may reduce vehicular trips for such errands or activities. 4. The proposed change and its likely effects are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning districts affected, and is not contrary or detrimental to urbanizing land use patterns. "Yes." Staff Comment: The greatest concentration of CPO zoning is located adjacent to and extending north of the CBD in close proximity to the Courthouse and other public offices. However, as the City's least intensive commercial district, it has also been recognized as a transitional use between other more intense commercial uses and residential uses. Therefore, expansion of the uses allowable in this district should be approached with caution. We believe that most personal service uses may be compatible in many situations and locations, but not necessarily all locations. Consequently, we believe that personal services would be most appropriately added as special exception use in the CPO District, rather than as permitted use. 5. The proposed change and its likely effects will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district(s) affected or nearby thereto. "The proposed text amendment will not adversely affect the property values or living conditions within the community. The addition of personal services will allow living conditions to improve and provide more convenience to the zoning district. The amendment will not negatively affect the development of other properties in the zoning district. " Staff Comment: We agree, but believe that this is better ensured if personal services is incorporated into the CPO District as a special exception use rather than a permitted use. Serving I lo I Oral (3oxein,1(, I Since 1988 Staff Report Request for Text Amendments to LDR Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14- 001 -TA 6. The proposed change and its likely effects can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "N /A" Staff Comment: The new uses proposed to be added to the list of allowable uses in the CPO District will be able to be suitably buffered is necessary. Listing personal service uses as a special exception ensures that if the use is approved, it will be suitably buffered. 7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "N /A" Staff Comment: We agree that density is not applicable in this instance. 8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "N /A" Staff Comment: We believe that the inclusion of personal service as an allowable use in the CPO District could act to help reduce traffic congestion. Consideration of flooding or drainage are not applicable in this instance. 9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions. "N /A" Staff Comment: We do not believe that any properties in the CPO or any other adjacent zoning district will be subject to an unnecessary restrictions. String 11011,1.1 I,,ral Goc suit rns Since 1988 Staff Report Request for Text Amendments to LDR Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14- 001 -TA Additional Information, The Applicant has also been instructed that he /she should make a case for the request by explaining why the existing regulation is inappropriate or inadequate, and why that which is proposed is appropriate not only for his /her particular interest but also for other property owners and the City as a whole. The Applicant has provided the following rationale in his /her response to the above instructions: "The applicant Donna Wildes dba Beasts & Barbells, LLC is petitioning for a text amendment of Division 6. Commercial Professional and Office (CPO) District to include personal services to be included as a permitted use. The aforementioned applicant currently has obtained a lease agreement with option to purchase the property located at 210 NW 5th Street Okeechobee Florida 34972 as well as purchase of fitness equipment to supply the business needs. Beasts & Barbells, LLC's goal is to provide a convenient center with 24 hours access of fitness services that will allow a more healthy community for its residents and surrounding business employees. The surrounding public includes employees of the Okeechobee County Courthouse, Okeechobee County Sherriff's Department, Okeechobee County Fire Department, local attorney offices, Okeechobee County Property Appraiser /Tax Collector's office. Unfortunately, the leased building located at 210 NW 5th Street is zoned as Commercial Profes- sional Office in which does not include a permitted use or special exception of personal services which will affect the use of the building for the fitness center or any other amenity found within the definition of personal services that can be beneficial for the needs of the community. The applicant believes the inclusion of personal services to the CPO district zone code will foster economic development, ensure future growth that is well- designed and diverse and offer a range of amenities and services for the community. The proposed text amendment will not have any adverse effects on the public interest as the surrounding uses are commercial in nature. It is appro- priate for the location, reasonably compatible with adjacent land uses and not contrary to urbaniz- ing land use patterns. The applicant has discussed all possible recourse with Administrator Brian Whitehall and Planner William I3risson regarding the abovernentioned circumstance." Rrrring 1= lorida 1 0( 11 Guc ern uieni.ti Since IN)88 Staff Report Request for Text Amendments to LDR Applicant: Donna Wildes, dba Beasts & Barbells, LLC Petition No.: 14- 001 -TA Staff ;Comnilents' We agree in general with the appropriateness of allowing personal services in the CPO District. However, because a pawn shop, which is included in the definition of personal services, involves the retail sale of used merchandise, we do not believe it is consistent with the intent of the CPO District. In addition, there may be instances where certain personal service uses may not be appropriate or the locations will not allow the use to meet all of the LDC requirements associated with a given situation. Therefore, we believe that personal services should be listed as a special exception use in the CPO District. It is common in many jurisdictions to allow, as a special exception use, a use that is first allowed as a permitted use in the next more intense district. In fact, this is the approach used in the City of Okeechobee. A number of the special exception uses in the Light Commercial (CLT) District are first allowed as permitted uses in the Heavy Commercial (CHV) District. Recommendation' .; In lieu of the changes to Sec. 90 -222 proposed by the Applicant, Staff recommends the following changes. Sec. 90 -223. Special exception uses. The following uses and structures are permitted in the CPO district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Day care center. (2) BaFber -shop; beat y- -shop- Personal service, except pawn shop. (3) Cafe. (4) Business school. (5) Private club. (6) House of worship. (7) Public facility use. (8) Public utility. (9) Permitted uses in excess of 45 feet in height. (10) Adult family care homes, assisted living facility as defined in F.S. § 429.02(5). Submitted by: Wm. F. Brisson, AICP September 10, 2014 Planning Board Hearing: September 18, 2014 Council Hearing: 1st Reading, September 30, 2014; 2nd Reading, October 21, 2014 Serving Florida P it Gov rnmenis tiinci 1988 6 • — — • •°eecnooee ervices Department :hibit 2 Avenue, Room '101 ee, Florida 34974 -2903 vnone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: -1 Lt Petition No. I'4- U..)6:,- N.L Fee Paid ter- .q . 0) Jurisdiction: sok 2nd Hearing: 1St Hearing: q'1 0,'I - w--- -w Publication Dates: c J), +Gi' I l0 11 Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION /1 Name of property owner(s): 58196' pn, 0- / / 1, 71_7D,,, / 64. „L,A /2 Owner mailing address: 415 %D// o 4,,,e_, 5z--4,3„,...,4 FZ 3 9 ?,q 3 Name of applicant(s) if other than owner �,/e ,4' 2/7L1 1- ce5e./ I'► j 4 Applicant mailing address: ,V_ j0 N - 7 — 57T ��� e 4o bee_ Az 3'V 4a e-mail address: 5 Name of contact person (state relationship): JU e'J 4_,- -e k"--6 6 7 , Contact person daytime phone(s): 7Z2_,- 3 ).- / 7 4 4 PROPERTY INFORMATION Property address /directions to property: le207 31- II r 57,E L , 7 /� p Aft 1 y / (%/f e c _ - 1 1 o►'b e , 4 , ) L / 3 / ( - / 3 ( - 1 - ' 9 7 / 7 / Lea a ✓o .-, -'e A• 4J 1J l o, �,t, /, 2 3, �� 42 I.� 1 d-/t elio -x 7 � Describe current use of property: Vi'8 r✓ 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. Source of potable water: nil/ Method of sewage disposal: (3 y1,09 t/10 Approx. acreage: /r ,43 q Is property in a platted subdivision? ye-g 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: /V 0 12 Is a pending sale of the property subject to this application being granted? ye.„5 13 Describe uses on adjoining property to the North: l0 �j1 t-5 d �6 be- 5�-''e North: ,0 /✓ed )�vb)lG 5f ") Easf: rr4 ✓e- /" �. l mil - t +zmt Chard) South:4 ,JJey g -f- ua(:tu t- 1et-5 West: /» ✓e�C AA, ),L 't/et 14 Existing zoning: // T e.:; Rso Future Land Use classification ,5 1-;'' 5F1-t> rya 15 Have there been any prior rezoning, property? (e'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 (k Special Exception ( ) Variance /7 Parcel Identification Number: 3 - ,t/_37 3 5-- a/ 7a- 6eVW -.a 9 J 40 (Rev 01/12) Page 1 of 11 18 19 REQUIRED ATTACHMENTS rfai_ t- (-1- Lb C7' of 1 tN -1'l�t.a1 Applicant=s statement of interest in property: 4/0, %e- KA -,,_/j / 5 0 et-/,C j L. ..t I Lie, re net_ et_ t&f 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 ost 20 Last recorded warranty deed: //1,... y/049 1/ er�4' C�� /q96-e.- /i44 21."--Notarized letter of consent from property owner (if applicant is different fro property owner) 22 Three property surveys (one no larger than 114 x 11) containing: -a. certified boundary survey, date of survey, surveyors name, address and phone number/" `mob. 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 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 Date 815 14 For questions rem ng to this application packet, call General Services Dept. at (863) - 763 -3372, Ext. 218 (Rev 01/12) l'age 2 of 11 v ' R A SPECIAL EXCEPTION )LJ r? Ucirs �r''1 1 Ono of le -5 zn -firvE �e;/ d e A = -/. / i'L-�/ /L! them: /7/)e-- ; e-,.5_ 6 %lrv�e '495' ,5 / 9 r-- 141/e_.. hours of operation, and any activities to be ✓e 'litr r or transportation engineer, if the special ids using the trip generation factors for the most nt edition of Trip Generation. The TIA must ipture calculations, a.rn. and p.m. peak hour roject. �"�� /s'scrii �d be�w.1ith add itio I sl(erets 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. 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 8of11 ADDITIONAL A INFORMATION REQUIRED FC Describe the Special Exception sought: CIO -. 103 ( ) i _ ` 7J (25 v�— (_)()e 5 A J /9 //Li ,, e there similar uses in the area? No B ( Y Ifyes, brief( decribe / RGred /- /e14 ✓`t C- j4.4 -1,; C=,4✓✓ 6.-ki c If a business, briefly describe the nature of the business, num r of employee: conducted outside of building: `��v -)1 e,r,,.1 � to ,/j f f LI 7Th 1// ,/��rC-- �0 ,� �r , 2Iy �)X-_ e 5 G f vi e_ e5 50 ,v-al y >t- /.111-7 ft-- C.- 47 r—/ /-/S 4(.2,9, 75 5 4 / r n., }�1 Attach a Traffic Impact Study by D prepared a professional transportation planni exception or proposed use will generate 100 or more peak hour vehicle trip er similar use as contained in the Institute of Transportation Engineers most rece . identify the number of net new external trips, pass -bay calculations, internal CE trips, and level of service on all adjacent roadway links with and without the p Respons addressing the standards E and required findings for a speQial excqpti as nec v ' R A SPECIAL EXCEPTION )LJ r? Ucirs �r''1 1 Ono of le -5 zn -firvE �e;/ d e A = -/. / i'L-�/ /L! them: /7/)e-- ; e-,.5_ 6 %lrv�e '495' ,5 / 9 r-- 141/e_.. hours of operation, and any activities to be ✓e 'litr r or transportation engineer, if the special ids using the trip generation factors for the most nt edition of Trip Generation. The TIA must ipture calculations, a.rn. and p.m. peak hour roject. �"�� /s'scrii �d be�w.1ith add itio I sl(erets 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. 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 8of11 EXHIBIT "A" STANDARDS FOR GRANTING A SPECIAL EXCEPTION ITEM 1 There exists a significant Hispanic population in the immediate area of the proposed location. Additionally, the proposed location is in close and reasonable proximity to several predominantly Hispanic residential areas. County and City wide, there are few churches exclusively serving the Hispanic community. ITEM 2 Near the east side of the proposed property, there exists a similar use. Frontage for the proposed site will be on its west end so that the primary ingress and egress will not interfere with the existing neighboring property. Although necessarily larger than the surrounding residences, buildings on the proposed site will be aesthetically pleasing and placed in such a manner as to create minimal visual obstruction. ITEM 3 As mentioned above, buildings will be attractive and landscaped according to applicable standards and codes. Given that all activities on the proposed site will be related to Christian worship and fellowship, no activities are foreseen that would be of such nature as to require visual screening. ITEM 4 In keeping with the nature of traditional Christian worship related activities, the use expects to create no hazards or nuisances. ITEM 5 Electric power, water, and sewer services are readily available. Electric power exists in the alley on the south side of the property. A water meter exists on the north side of the property as well as an available sewer tap. ITEM 6 Impacts of off -site traffic are mitigated by no less than four ingress and egress points located on the west and north sides of the property. On -site traffic is controlled by designated driveways and parking areas. NOTE: Please see the preliminary site plan attached to this application. FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION (Sec. 70- 373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an- adverse 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. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 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. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (Rev 01/12) Page 9of11 EXHIBIT "B" FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION ITEM 1 By Special Exception in Residential Zoning, a House of Worship is not contrary to Comprehensive Plan requirements. ITEM 2 Residential zoning allows for Houses of Worship by Special Exception. ITEM 3 The Christian worship and fellowship activities associated with this use teach and promote both spiritual and societal accountability and responsibility. Such activities typically have a positive effect on the public interest. During times of disaster, churches are often called upon to assist with community relief up to and including the use of facilities as shelters. ITEM 4 The proposed location is of sufficient size to accommodate the proposed use. The surrounding neighborhood has a significant Hispanic population as do several neighborhoods within reasonable proximity. The only nearby uses that are not residential are Houses of Worship. Given that the area is for the most part built out, there are no land use patterns to be affected. ITEM 5 There are two similar uses that have been active in this area for many years without adverse affect of any kind. No change is anticipated by the addition of the proposed use. Additionally, the two existing similar uses have had no effect upon development in the area as there are homes that existed before these uses were established and homes that have been constructed since these uses were established. ITEM 6 Christian worship and fellowship activities typically create no hazards or nuisances that would require any type of screening. ITEM 7 There are no density pattern issues with this proposed use outside of normal worship times which are expected to be Sunday AM and PM and Wednesday PM. As services are not scheduled during peak work traffic times, effect on streets is expected to be minimal. During these times, the main impact is expected to be to public utilities. By all indications, utilities services in the area are sufficient to serve. ITEM 8 Impacts of off -site traffic are mitigated by no less than four ingress and egress points located on the west and north sides of the property. On -site traffic is controlled by designated driveways and parking areas. Stormwater runoff resulting from build -up and construction is expected to be minimal as the location is not known for holding significant amounts of water. Additionally, preliminary plans allow for water retention as required. NOTE: Please see the preliminary site plan attached to this application. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA SEACOAST NATIONAL BANK, SUCCESSOR BY MERGER TO BIG LAKE NATIONAL BANK, Plaintiff Case No.: 2010- CA-471 vs. ETHA KAYE SMITH, et al Defendant(s) The undersigned Cle this action on January 12, 2011 fo 1 iiiiiiiliiN FILE h1UM 2011000701 OR 0K 00696 PG 1180 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 01/24/2011 02:413:32 PM AMT 13,000.00 RECORDING FEES $0.00 DEED DOC $91.00 RECORDED BY M Pi non Ps 1180► (fps) 'S CERTIFICATE OF TITLE urt certifies that she executed and filed a Certificate of Sale in rty described herein: LOTS 1 -10, BLOCK 9, SOUTH THEREOF RECORDED COUNTY, FLORIDA. TION TO OKEECHOBEE, ACCORDING TO THE PLAT 2, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE and no objection to the sale having been time allowed for filing objections, the property was sold to: SEACOAST NATIONAL BANK, 815 COLORADO AVENUE, STUART, FLORIDA U = ma U Ow cJU tai M 0 2Q11 JAN 24 PH 2: 08 WITNESS my hand and the seal of this court on January 24, 2011. SHARON ROBERTSON CLERK OF THE CIRCUIT COURT Book696 /Page1180 CFN #2011000701 Page 1 of 1 City of Okeechobee 55 SE 3r`I Avenue Okeechobee, FL 34974 Tele: 863- 763 -3372 Fax: 863-763-1686 LAND USE POWER OF ATTORN Name of Property Owner(s): J J /3/.-i Mailing Address: 4 i , - CO k ---4- d v eve , 517i 41j' , ft-- ,3 Y 7 7 - . Home Telephone: Work: Cell: Property Address: /4) 27 J J . r % 1 fI j j Home Telephone: Work: Cell: 77 _ _y 2 -/,7 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the ,applicant stated above the 0111 right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNES WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS T THIS 23 ') O OWNER ICe�flh � Gal''" WITNE e�; r , �' fa j + /r (Rev 01/12) Comm. ExPir Jon 22. 2017 COMMitlikft # LE •7393 d°"tiod swans Wary Man. Page 5 of 11 ALL FLORIDA LAND TITLE COMPANY 790 Juno Ocean Walk, Suite 601 I 44, Juno B ach, FL 33408 1111111111111111111111111 CFN 20130135269 OR BR 25893 PG 2004 RECORDED 83 /22/2813 11 :42 :54 Pala Beach County, Florida Sharon R. Bock,CLERR & COMPTROLLER Pg 2884; ;(lpg) 1111D4 +'1111111111111111111111111 OR8BK�26123PG�1952 (1 Pss) RECORDED 11/15/2012 04:34:24 PM MARSHA ENING MARTIN COUNTY CLERK SEACOAST NATIONAL BANK CORPORATE RESOLUTION The undersign Secretary of SEACOAST NATIONAL BANK, a National Banking Association (the "Bank -' 'the "Association "), hereby certifies that the following is a full and correct copy of a Resolujr)uly adopted at a . meeting of the Board of Directors of the Bank called and held on March 2OfJ8, at which meeting .a quorum of Directors of the Bank were present, and that the same h '.been recorded in the minutes of the Bank, are in full force and effect, and have not been rescit44 or modified: RESOLVED, that 'Innis S. Hudson, III, Chairman and Chief Executive Officer, is hereby authorized(i m time to time in writing to appoint, designate, authorize and /or remove v olzs officers, employees and agents of the Corporation as signatories and iiig'rrpg authority on accounts, bank money orders, certified checks or other withdi -Wap,warrants, correspondent accounts, signature guarantees of or on behalf Sfifti Association. All such appointments, authorizations or removals shall be in writing and shall be reported to the Board of Directors at Least annually. The undersigned further certifies that Dennis S. Hudson, III, Chairman and Chief Executive Officer, has authorized Kevin Picart, Senior Vice President, and Trina Sessoms, Asset Disposition Manager, to perform the following transactions on behalf of the Association, and that such authorization is still in full force and effect: • to execute deeds for Bank -owned properties, related conveyances and other documents acting in the Bank's fiduciary capacity; • to execute listing agreements; and • to sign mortgage satisfactions, extensions and assumptions, loan agreements, partial releases, UCC filing statements (extensions and terminations) and to satisfy title liens. The undersigned further certifies that TCoast Holdings, LLC is a wholly owned subsidiary of the Bank. r` IN WITNESS WHEREOF, the Secretary of theBBaiik,,,has hereunto set her hand and affixed the seal of the Bank this 4_0 day of August, 20J2. era JOSt ltE. SMITH, CLERK OF THE CIRCUIT COURT r t f §`AINT LUCIE COUNT 3 at 03:39 P�� FILE S OR BOOK 3489 PAGE 2062 - 2062 Doc TYPE: RESO RECORDING- $10.00 au.rx.k.A.J1-1.13 1 1.4t -11111.11N 'A.11'1- im/- 1 iv.n1 )l' LA_Limri_Art -- 11I v GJLAJI r agc 1 VI 1 eacorist cr_‘_ _ \-K7 t,:kfRP(iP )i.,J ot flitC:0-1 Ui. - Corrimittee orporatri) Mergers Br 'h rvlap Press ReleniAls: Frequently Ak Questions Esiierit Tiisits neer. Shareholder Services Seasoost Psi( Co Direct DisipositriiDisiiiileiiris Investor Servipes Stock trift-frortiit-tit Fricisk Splits. A L.( Hinnkitits fArisincini Sention rs & Directors •.•Sr-:ACOAST BANKiNG OORPORATiON (F FLOR(DA (NASDAQ -SECF1 senior Management Dennis S. Hudson ill Chaim:lain arid David D. Houdesheil Maria G. Frias Executive Vice President auti Ui.thTef• Chief! Risk Officer Board of 124er:tots Dennis S. Hudson lif Chaim:au Stephen E. B,:•••:' ••• • Hugh ntr CsnA(i-s!!.. T.. Michael Cro • . Attie H. 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This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of T // 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 ei 10-44 day of nature of Applicant Date 0 e-A Pere Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this o< 9 da y of L.J (L C y , ,90 / , Personally known to me or producedr(_(X- P6,90-(1)0---73-1/11?-/as identification and did not take an oath. tary Public, State of Florida "' °, "' ESTHER BANUELOS soo , , °' Notary Public - State of Rota j , My Comm. Expires Jun 5, 2016 r a �' , Commission # EE 205150 (Rev 01/12) Page 3 of 11 311N3AV H1N31 MS 3f1N3AV H1N3A313 MS ll_SearchResults F) Okeechobee County Property Appraiser updated: 8/7/2014 Parcel: 3- 21- 37 -35- 0170- 00090 -0010 « Next Lower Parcel Next Higher Parcel » Owner & Property Info Page 1 of 2 2014 Preliminary Certified Values Parcel List Generator Retrieve Tax Record 2013 TRIM (pdf) Owner's Name SEACOAST NATIONAL BANK Site Address 1007 SW 4TH ST, OKEECHOBEE Mailing 815 COLORADO AVE Address STUART, FL 34994 Description SOUTHWEST ADDITION LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10 BLOCK NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 1.634 ACRES S /TIR 21-37- 35 Tax Neighborhood 113653.00 District 50 DOR Use VACANT Market Code (000000) Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (3) $32,176.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $32,176.00 Sales History GIS Aerial Property Card Interactive GIS Map Print Search Result: 1 of 1 0 120 240 360 480 600 720 840 re 2014 Preliminary Certified Values Just Value $32,176.00 Class Value Moo Assessed Value $32,176.00 Exempt Value Moo Total Taxable Value $32,176.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book /Page Inst. Type 1/24/2011 696/1180 CT Sale Sale Sale RCode (Code List) Vlmp Qual I U 11 http: / /www.okeechobeepa.com /GIS /DSearchResults.asp Sale Price $13,000.00 8/8/2014 1 54! .4Ep 4,544'45549gRikA451A4Sikai45455i554445**91444i.. Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: lglesia Bautista La Cosecha Petition No.: 14-006-SE iL Planning & Management. Services, Inc. 47-11.1,49) Siivet Slate 206 NI4 et,. Honda 2 59 4 41 9,6 'Ioricla Local Governments Since 1988 Sti in g tqf ,=4,44,:4,44;',:1•0;•41,4•Pr Noi " .545555545444554445554050454i454454fg!::;; Staff Report Special Exception Request Applicant's Name: Iglelsia Bautista La Cosecha Petition No. 14 -006 -S Genera[, Information;. Owner /Applicant: Owner Address: Site Address: Applicant/Contact Phone Number: Contact Person: Seacoast National Bank/ Iglesia Bautista La Cosecha 815 Colorado Avenue Stuart, Florida 34994 1007 SW 4th Street Okeechobee, FL 34974 Joel Perez, CEO 772 - 342 -1788 Jim Fowler, 863 - 634 -4497 Gil Culbreth Real Estate Future Land Use Map Classification Single- Family Zoning District RSF1 Use of Property Vacant Acreage 1.634 acres 1 Description of Pro • ert Property Location: 1007 SW 4th Street Legal Description: LOTS 1 -10, BLOCK 9, SOUTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. ,Surcin}; Florida 1 uctl �t 1'c'rit iri eats Siclic loss Staff Report Special Exception Request Applicant's Name: Iglelsia Bautista La Cosecha Petition No. 14 -006 -S Ad`acenf FE UM Classifications, Zonin • Districts, and Existing Land Use: Future Land Use Map Classification North Zoning District: East South West Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Single- family RSF1 Three single- family homes and one vacant lot Single- family RSF1 Vacant lot to the northeast and Single- family home and United Pentecostal Church to the east Single- family RSF1 Three single - family homes and one vacant lot Single- family RSF1 Single- family homes to the west, northwest and southwest item before* the Board: of Ad'ustment: The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception to allow house of worship on a lot of less than five acres in the RSF1 Zoning District. Descri • tior of than Situation: The Applicant proposes to build a new church on the 1.634 acre vacant parcel located at 1007 SW 4th Street. The property is designated Single- family on the Future Land Use Map and is zoned RSF1. The proposed house of worship is intended to serve the local Hispanic community with regular morning and evening services on Sunday and evening services on Wednesday. The Sanctuary is proposed to seat 150 persons. Scaling IlE,EiEla Local Gocen;mr SiACr [4�iS Staff Report Special Exception Request Applicant's Name: Iglelsia Bautista La Cosecha Petition No. 14 -006 -S ,Consistenc with Land:' Development Re • ulations: 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 provided, as part of the submission, statements and information addressing these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. "There exists a significant Flispanic population in the immediate area of the proposed location. Additionally, the proposed location is in close and reasonable proximity to several predominantly Hispanic residential areas. County and City wide, there are few churches exclusively serving the I- tispanic community." Staff Comment: We agree that the location and site are appropriate for a house of worship. At 1.643 acres and a width of just over 500 feet along SW 4th Street, the site exceeds the minimum area of 40,000 square feet and minimum width of 150 feet as required under Sec. 90 -696, which sets forth supplemental minimum requirements for a house of worship that is on a parcel of less than five acres. There are also other houses of worship on nearby residential properties. The United Pentecostal Church is located on two acres immediately to the east of the subject property. The Sacred Heart Catholic Church sits on a twelve acre site about 1,500 feet to the southeast. (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. "Near the east side of the proposed property, there exists a similar use. Frontage for the proposed site will be on its west end so that the primary ingress and egress will not interfere with the existing neighboring property. Although necessarily larger than the surrounding residences, buildings on the proposed site will be aesthetically pleasing and placed in such a manner as to create minimal visual obstruction." Staff Comment: The Applicant has submitted a preliminary site plan of the proposed house of worship. Review of this preliminary plan indicates to us that the building will meet all required setbacks and that there is adequate space to provide required landscaped buffers to protect nearby uses. Unless the proposed house of worship incorporates a steeple or other feature that exceeds 30 feet, for which a special exception would be needed, no specific design efforts should be needed. s.•r' iig Nlm*LI Itlia1 ∎c, =rr:niuI (. s Staff Report Special Exception Request Applicant's Name: Iglelsia Bautista La Cosecha Petition No. 14 -006 -S (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "As mentioned above, buildings will be attractive and landscaped according to applicable standards and codes. Given that all activities on the proposed site will be related to Christian worship and fellowship, no activities are foreseen that would be of such nature as to require visual screening." Staff Comment: We agree that unless outdoor activities are expected to be undertaken on the site, no special screening is expected to be necessary. However, there appears to be adequate room to accommodate vegetative screening or fencing if it is determined to be necessary during the site plan review. (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. "In keeping with the nature of traditional Christian worship related activities, the use expects to create no hazards or nuisances." Staff Comment: The primary impact of churches upon the surrounding area is the generation of traffic and parking demand associated with attendance at services and special events. (5) Demonstrate how the utilities and other service requirements of the use can be met. "Electric power, water, and sewer services are readily available. Electric power exists in the alley on the south side of the property." Staff Comment: The following estimates of demand for potable water and sanitary sewer utility services are based on general demand factors from another community. While not necessarily directly applicable to Okeechobee, they provided a reasonable basis for a "ballpark" estimate of demand. The figures below would normally be consi- dered to be of a scale that could be accommodated by OUA facilities and available capacity. Before the site plan is approved, the Applicant would need confirmation from OUA that it could accommodate the demand associated with the proposed uses. Daily demand for sewer for a 150 seat sanctuary at an estimated 3.6 gallons per day (gpd) per seat would amount to about 540. Daily demand for potable water for a 150 seat sanctuary at an estimated 3.0 gpd per seat would amount to about 390 gallons. Sort ing 11k,1 ihI.i Lac iI t$„v 1• I Staff Report Special Exception Request Applicant's Name: Iglelsia Bautista La Cosecha Petition No. 14 -006 -S On a number of occasions the County has confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other developments in the City. It appears reasonable that the volume of solid waste associated with a develop- ment of this size can also be accommodated within the capacity of the County's Solid Waste Facility. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "Impacts of off-site traffic are mitigated by no less than four ingress and egress points located on the west and north sides of the property. On -site traffic is controlled by designated driveways and parking areas." Staff Comment: According to the 8th Edition, ITE Trip Generation Manual, a church (ITE Code 560) could be expected to generate about 0.56 trips per the 1,000 square feet of floor area during the AM weekday peak hour and 0.55 during the PM weekday peak hour. This would indicate that during the peak hour, only about three trips could be expected. Of course churches generate considerably more traffic than this, but it is typically during other than the typical weekday peak hour periods. From a logical stand- point, assuming all 58 parking spaces are occupied and allowing for an average of two persons per vehicle, one would expect about 29 trips leaving or arriving at any given time. Even allowing for overlap between services, it would not likely exceed 60 trips. We believe the four driveways, three on SW 4th Street and one on SW 11th Avenue should be capable of absorbing this level of traffic without causing undue congestion on the local roads. Section 70- 373(c) - (8): When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1) — (8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface. Staff comments follow in Arial typeface: (1) The use is not contrary to the Comprehensive Plan requirements. "By Special Exception in Residential Zoning, a House of Worship is not contrary to Comprehensive Plan requirements." Staff Comment: House of worship is specifically listed, in Policy 2.1 of the Future Land Use Element, as an allowable use in the Single- Family Residential Future Land Use Category. Scr+.inr I k,riih Li,_ I (i v, ritrnrn[s Sinic I98S Staff Report Special Exception Request Applicant's Name: Iglelsia Bautista La Cosecha Petition No. 14 -006 -S (2) The use is specifically authorized as a special exception use in the zoning district. "Residential zoning allows for Houses of Worship by Special Exception." Staff Comment: We agree, a House of Worship on a lot of less than five acres is specifically listed as a special exception in the RSF1 District [Sec. 90- 103(5). (3) The use will not have an adverse effect on the public interest. "The Christian worship and fellowship activities associated with this use teach and promote both spiritual and societal accountability and responsibility. Such activities typically have a positive effect on the public interest. During times of disaster, churches are often called upon to assist with community relief up to and including the use of facilities as shelters." Staff Comment: We agree. Perimeter landscaping should provide an adequate buffer for adjacent residential uses; traffic levels should not result in undue levels of congestion; and the use should not unduly tax public services and facilities. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "The proposed location is of sufficient size to accommodate the proposed use. The surrounding neighborhood has a significant Hispanic population as do several neighborhoods within reasonable proximity. The only nearby uses that are not residential are Houses of Worship. Given that the area is for the most part built out, there are no land use patterns to be affected." Staff Comment: The Applicant has submitted a preliminary site plan of the proposed house of worship. Review of this preliminary plan indicates to us that the building will meet all required setbacks and that there is adequate space to provide required land- scaped buffers to protect nearby uses. There is already a house of worship in the immediate area and the addition of the proposed church will not be detrimental to the development pattern in the area. Scrvii Flo I local (■■ rnnrrnts 1 ti Staff Report Special Exception Request Applicant's Name: Iglelsia Bautista La Cosecha Petition No. 14 -006 -S (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "There are two similar uses that have been active in this area for many years without adverse affect of any kind. No change is anticipated by the addition of the proposed use. Additionally, the two existing similar uses have had no effect upon development in the area as there are homes that existed before these uses were established and homes that have been constructed since these uses were established." Staff Comment: We agree and do not foresee the development of a house of worship on the subject property adversely affecting property values, living conditions, or deterring future development in the area. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "Christian worship and fellowship activities typically create no hazards or nuisances that would require any type of screening." Staff Comment: Unless outdoor activities are expected to be undertaken on the site, no special screening is expected to be necessary. However, there appears to be adequate room to accommodate vegetative screening or fencing if it is determined to be necessary during the site plan review. (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "There are no density pattern issues with this proposed use outside of normal worship times which are expected to be Sunday AM and PM and Wednesday PM. As services are not scheduled during peak work traffic times, effect on streets is expected to be minimal. During these times, the main impact is expected to be to public utilities. 13y all indica- tions, utilities services in the area are sufficient to serve." Staff Comment: Density is not a consideration with regard to a house of worship. As previously stated in response to items 5 and 6 of the standards set forth in Sec. 70- 373(b), none of the public facilities and services will be overburdened by the demands of the proposed house of worship on this site. in;; Florid.i Local C„ ,r ern meats tiincr I''$M Staff Report Applicant's Name: Iglelsia Bautista La Cosecha Special Exception Request Petition No. 14 -006 -S (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Impacts of' off -site traffic are mitigated by no Tess than four ingress and egress points located on the west and north sides of the property. On -site traffic is controlled by designated driveways and parking areas. Stormwater runoff resulting from build -up and construction is expected to be minimal as the location is not known for holding significant amounts of water. Additionally, preliminary plans allow for water retention as required." Staff Comment: As stated in the Staff Comments to item (6) of the standards set forth in Sec. 70- 373(b) traffic congestion is not expected as a result of the new house of worship. Flooding and drainage problems are not expected and these issues will be specifically addressed during the site plan review. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. Staff Comment: Neither the site nor the proposed use are inordinately burdened by unnecessary restrictions. Recommendation. Based upon the foregoing analysis and findings, Staff recommends approval of Petition 14- 006 -SE as submitted. Submitted by: Wm. F. Brisson, AICP Sr. Planner September 10, 2014 Attachments: Future Land Use Map Zoning Map Aerial Photograph of Site and Environs Board of Adjustment Public Hearing, September 18, 2014 Scnving I Inrid:i 1 a1 ( rium.nt, Since I *)KY Staff Report Applicant's Name: Iglelsia Bautista La Cosecha Special Exception Request Petition No. 14-006-S FUTURE LAND USE SUBJECT SITE AND ENVIRONS Subject Property 1 11 ,-- ! 12, 1 1 SW 7th S t. I , ,- 1_:, 1 COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE 74. Id.. I 4;in'ernments. Since 108s 2D 0 SW 192 Staff Report Applicant's Name: Iglelsia Bautista La Cosecha Special Exception Request Petition No. 14-006-S Subject Property I Li_ ZONING SUBJECT SITE AND ENVIRIONS P 1 ISW 5th 'St. 1 LJ 13 17th 18t. 7 I I ZONING S.11 ing 1:1011k1.1 1:h.:II 1; tIVCri: 011,1)I, ifle 11' 11 Staff Report Special Exception Request Applicant's Name: Iglelsia Bautista La Cosecha Petition No. 14-006-S AERIAL SUBJECT SITE AND ENVIRIONS ,ierving EftliktJ 4:Ewa:nth:elms Situie !Otis 12