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2014-11-20
CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR NOVEMBER 20, 2014 AGENDA I. CALL TO ORDER - Chairperson. Regular Meeting, November 20, 2014, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice Chairperson (vacant position) 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 Mac Jonassaint 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 Planning Board /Board of Adjustment and Appeals Action for the October 16, 2014, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 499 PAGE 1 OF 6 ACTION - DISCUSSION - VOTE Chairperson Hoover called the November 20, 2014, regular meeting to order at 6:01 p.m. Ms. Jackie Dunham called the roll in absence of Board Secretary Burnette: Present Position vacant (will be addressed in January 2015) Present Present Present Present Present Present (moved to voting position) Present Present Present Absent (Ms. Dunham, General Services Secretary, in attendance) Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the regular meeting of October 16, 2014; seconded by Member McCoy. There was no discussion on this item. VOTE HOOVER - YEA RITTER - YEA BAUGHMAN - YEA CREASMAN - YEA BRASS - YEA JONASSAINT - N/A MCCOY - YEA MOTION CARRIED. MCCREARY - YEA Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. Attorney Cook requested Agenda item A be withdrawn. 500 AGENDA V. OPEN PUBLIC HEARING - Chairperson. A. Consider LDR Text Amendment Application No. 14- 002 -TA to review, consider, and discuss zoning district(s) for medical marijuana dispensaries (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the City Staff. 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) Consideration of a recommendation to the City Council to approve or deny application. b) Board discussion. c) Vote on motion. QUASI- JUDICIAL ITEM: B. Variance Application No. 14- 001 -V, submitted by Frank Carter, P.E. on behalf of property owner, Simpson Farms, Inc., to decrease the FRONT setback from 20 to ten feet within a Heavy Commercial Zoning District, (Ref. Sec. 90 -285 (2)a.), South 30 feet of Lot 3, and all of Lots 4, 5,10,11 and 12, the South 7.5 feet of the alley adjoining the North boundary of Lots 10,11 and 12, the East 7.5 feet of the alley adjoining the West boundary of the South 30 feet of Lot 3, all of the alley adjoining the West boundary of Lots 4 and 5 and the East boundary of Lot 12; and the West 7.5 feet of the alley adjoining the East boundary of the South 50 feet of Lot 12, all in Block 230, First Addition to Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 6, Public Records of Okeechobee County, Florida, approximately 0.963 acres and located at 608 North Parrott Avenue, (Beef O'Brady's) (Exhibit 2). NOVEMBER 20, 2014 - PLANNING BOARD - PAGE 2 OF 6 ACTION - DISCUSSION - VOTE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:05 P.M. Land Development Regulation (LDR) Text Amendment Application No. 14- 002 -TA was submitted by Attorney Cook to review, consider, and discuss a recommendation to the City Council that will regulate what zoning district(s) medical marijuana dispensaries will be permitted to operate within. Further, what, if any, types of additional regulations should be included. Attorney Cook requested withdrawing this item until such time that the State Legislature adopts legislation to allow marijuana dispensaries. The Florida Right to Medical Marijuana Initiative, Amendment 2, was not approved by the voters during the General Election held on November 4, 2014. The consensus of the Board was to withdraw the item at this time. Variance Application No. 14-001-V, was submitted by Frank Carter, P.E. on behalf of property owner, Simpson Farms, Inc., to decrease the FRONT setback from 20 to ten feet within a Heavy Commercial (CHV) Zoning District, (Ref. Sec. 90 -285 (2)a.), South 30 feet of Lot 3, and all of Lots 4, 5, 10, 11 and 12, the South 7.5 feet of the alley adjoining the North boundary of Lots 10,11 and 12, the East 7.5 feet of the alley adjoining the West boundary of the South 30 feet of Lot 3, all of the alley adjoining the West boundary of Lots 4 and 5 and the East boundary of Lot 12; and the West 7.5 feet of the alley adjoining the East boundary of the South 50 feet of Lot 12, all in Block 230, First Addition to Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 6, Public Records of Okeechobee County, Florida, approximately 0.963 acres and located at 608 North Parrott Avenue, (Beef O'Brady's). V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 001 -V will be required to take an oath, respond, and give their full name and address). 2. Hear from Planning Staff. NOVEMBER 20, 2014 - PLANNING BOARD - PAGE 3 OF 6 5 0 L ACTION - DISCUSSION - VOTE This being a quasi - judicial proceeding, as required by law, Attorney Cook administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Bill Brisson, with LaRue Planning and Management of 1375 Jackson Street, Suite 206, Fort Myers, Florida; Mr. Frank Carter, P.E. with WFC Engineering Inc. and Mr. Troy Carter of 14918 Knotty Pine Place, Tampa, Florida; Mr. Robert Keefe of 512 Southeast 37th Terrace, Okeechobee, Florida, and Ms. Deborah Hooker of 1902 Southwest 3`d Avenue, Okeechobee, Florida. Chairperson Hoover yielded the floor to City Planning Consultant Brisson, who reviewed the Planning Staff Report findings by explaining the subject property is the former Beef O'Brady's restaurant situated on a 42,000 square foot lot located at 608 South Parrot Avenue in the CHV Zoning District. The property is located on the west side of South Parrott Avenue (US Highway 441), the major north -south arterial serving the City. The applicant wishes to expand the former Beef O'Brady's restaurant, a 5,670 square foot, single -story structure, by adding a 1,364 square -foot, covered outdoor dining area. The applicant is requesting a ten -foot variance from the 20 -foot minimum front yard building setback from South Parrott Avenue (US Highway 441) as required under Code of Ordinances Section 90- 385(2)a. This will place the open air dining area within ten feet of the property line fronting on South Parrot Avenue. Mr. Brisson's recommendation for denial is based on the following Planning Staff's responses to the applicant's presentation on Standards for Granting a Variance, per Code of Ordinance Section 70- 374(b): (1) There is no hardship caused by the unique physical conditions of the site. The fact that the current building coverage is less, even much less, than the allowable maximum, has no bearing on the determination as to whether or not there is a hardship. The property is almost one acre in size; more than six and one half times the minimum parcel size of 6,250 square feet for the CHV District. The fact that a large parcel is "L" shaped rather than a perfect rectangle does not constitute a hardship. Furthermore, the fact that the size and location of the existing structure prevents the owner from expanding to include an outdoor dining area, which is preference rather than a right, does not constitute a hardship. (2) There is no minimum necessary to overcome the hardship. Central Business District (CBD) Building Guidelines enacted under Resolution No. 98 -12, do encourage the use of covered courts and other characteristics of development considered conducive to a healthy and active Central Business District. However, these Guidelines are applicable to the CBD Zoning District, the closest part of which is located about four blocks to the north. It is not applicable to properties in the CHV District, which is the district in which the subject property is located. Again, the fact that the Applicant cannot expand the area of the existing building unless he receives a ten -foot variance does not constitute a hardship as defined in the Land Development Regulations. It may be an inconvenience, and even a severe impediment to the Applicant's wishes and economic feasibility, though it does not qualify as a hardship. 501 AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 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. NOVEMBER 20, 2014 - PLANNING BOARD - PAGE 4 OF 6 ACTION - DISCUSSION - VOTE Frank Carter, representing the applicant and property owner, Simpson Farms, Inc., was in attendance. He stated after speaking with Planner Brisson that he realizes the possibility of being granted a variance of this nature is difficult. He mentioned the City has a guideline to encourage use of outdoor seating that he felt his client was basically being denied due to the property not being located in the Central Business Zoning District. He feels their hardship is, the design cannot be changed in any way to accommodate the outdoor seating area without this Variance. He stated that Simpson Farms has only owned the business for a few months and he feels the outdoor seating concept is necessary in giving the business a boost. Several Board Members questioned what exactly Mr. Carter felt the hardship was. Board Member McCoy asked Mr. Brisson whether the property owner could build up and they could without exceeding the height requirement, though did not wish to do this. Questions were asked about altering the design and about safety. Mr. Brisson explained to the Board that they must determine whether or not the questions answered on the application meet the criteria for granting a hardship. The hardship being cited is economic distress. Board Member Ritter suggested maybe the applicant could rethink their plan and reduce the area they wished to add on. Ms. Hooker, Attorney and daughter of Ms. Christina Hooker, who owns the property to the North of Beef O'Brady's, was present. Her Mother originally sold the lots years ago and sited many issues that she has experienced over the years. One being the fence located between their properties has not been in compliance and trash collects along the bottom of it. They are concerned with the safety of patrons dining in such close proximity to the highway and feel the hardship is actually being created by the property owner. They are requesting the Board deny the applicant's request for the Variance. Mr. Keefe asked several questions to the Board regarding the procedure for processing Variances and the specific areas of the Code that would need to be met. The matter was advertised in the Okeechobee News on November 19, 2014, a sign was posted on November 5, 2014, notifying the public of the Variance, as well as seventeen postcards being mailed to surrounding property owners, one of which was returned. Chairperson Hoover asked Board Members to disclose for the record any conversations they were privy to regarding the application, or whether they had visited the site. There were none. AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 6. a) Consideration of a motion to approve or deny petition. 1 NOVEMBER 20, 2014 - PLANNING BOARD - PAGE 5 OF 65 03 ACTION - DISCUSSION - VOTE Mr. Brisson's recommendation for denial is also based on the following Planning Staff's responses to the applicant's presentation on Findings for Granting a Variance, per Code of Ordinance Section 70- 374(c): (1) The fact that an existing building was built at or near the minimum required setback, thereby preventing further expansion, is not a special condition that is peculiar to the subject property. Other properties in the CHV and other zoning districts have been developed in one manner or another that prevents current and future owners from expanding existing buildings. The floor area of a structure that is achievable on a given parcel is primarily dependent upon the parking requirement associated with the use in the structure. The greater the parking requirement, the greater the amount of land required for parking and the less available for productive floor area. For example, a retail store requires only one quarter of the parking that a restaurant of the same size will require. Therefore, it is not surprising that other parcels in the same zoning district have a floor area greater than that of the subject parcel. However, this is not a special condition or circumstance associated with the land or structure. Rather, it is the result of the owner's choice to operate a restaurant that results in smaller floor area than others in the same district. (2) The Applicant is not requesting a variance to the maximum allowable building coverage. He is asking for a variance to reduce the setback. Should this request be approved, his building coverage will increase. The problem is where the applicant wishes to expand the building, not the increase in coverage. (3) The Applicant is mistaken as the areas he is referring to are located in the CBD zoning district, which extends from Northwest 8th to Northeast 3rd Avenues generally between Northwest/Northeast and Southwest/Southeast 2nd Streets. There is no minimum front yard setback in the CBD zoning district. Should there be properties along Park Street (SR70), east of Northeast 3rd Avenue, with front yard setbacks of less than 20 feet, they would be the result of the widening of Park Street (SR 70), not as a result of a development approval by the City. The right to a front yard setback of less than 20 feet is not one commonly enjoyed by other properties in the CHV zoning district. (4) The size and location of the existing restaurant building already provides for reasonable use of the land and structure. The applicant needs at least ten feet to achieve his economic ends. However, the ten -foot variance is only the minimum necessary to achieve this, not to provide for a reasonable use of the land or the structure. (5) There are certainly some other nonconforming structures in the CHV zoning district with front setbacks less than the required 20 feet. They are either very old structures built before the current requirements, or structures in which the front yards have been reduced as a result of the multiple widening of Parrott Avenue (US Highway 441) or Park Street (SR 70). It is specifically stated in Section 70- 374(a)(3) of the City's Code that a variance shall not be granted because of the presence of other nonconforming structures or use in the zoning district or adjoining district. (6) The CBD Building Guidelines, enacted under Resolution No. 98 -12, are not applicable in the CHV Zoning District and cannot serve as a basis for granting a variance in that district. While safety should certainly be a concern should the variance be granted, the erection of barriers on the private property in no way overcome all of the other deficiencies with regard to meeting the requirements for granting a variance. 501f AGENDA V. PUBLIC HEARING CONTINUED. B. 6. a) Consideration of a motion to approve or deny Petition No. 14 -001 -V continued. b) Board discussion. c) Vote on motion. 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: t Patty M. Burnette, Secretary Dawn T. Hoover, Chairperson NOVEMBER 20, 2014 - PLANNING BOARD - PAGE 6 OF 6 ACTION - DISCUSSION - VOTE A motion and second was offered by Members Brass and McCoy to deny Application No. 14 -001 -V decreasing the FRONT setback from 20 to ten feet within a CHV Zoning District on the South 30 feet of Lot 3, and all of Lots 4, 5, 10, 11 and 12, the South 7.5 feet of the alley adjoining the North boundary of Lots 10, 11 and 12, the East 7.5 feet of the alley adjoining the West boundary of the South 30 feet of Lot 3, all of the alley adjoining the West boundary of Lots 4 and 5 and the East boundary of Lot 12; and the West 7.5 feet of the alley adjoining the East boundary of the South 50 feet of Lot 12, all in Block 230, First Addition to Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 6, Public Records of Okeechobee County, Florida, located at 608 North Parrott Avenue, (Beef O'Brady's). Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA BAUGHMAN - No BRASS - YEA MCCOY - YEA RITTER - YEA CREASMAN - YEA JONASSAINT - N/A MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 7:28 P.M. MCCREARY - YEA Chairperson Hoover asked whether there were any additional requests for amendments to the City's Land Development Regulations. Attorney Cook advised the Board at the next regular meeting they would be discussing definitions for Taxidermy, Veterinarian, and Dog Grooming. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:34 p.m. Mr. Carter interjected and reminder Chairperson Hoover that he wished to address the Board again in regards to Variance Petition 14- 001 -V. Chairperson Hoover yielded the floor to Mr. Carter who explained he believed his client would still have potential site issues due to drainage even in the event that the Variance was granted. To address those drainage issues, would necessitate removal of parking spaces. He feels there are parking problems in the City. No further action was taken. 11/20/14 Page 1 of I `� City of Okeechobee Planning Board AND Board of Adjustment City Hall, 55 SE 3rd Avenue, Room 200, Okeechobee, Florida 34974 Jackie's Handwritten Minutes November 20, 2014 I. Call To Order • Chairperson: Chair Hoover called the November 20, 2014, Regular Meeting to order at 6 .:Of p.m. II. Chairperson, Board Member Staff Attendance - Secretary. III. Minutes - Secretary. A. Board Member ( .A—(.zk, ._ moved to dispense with the reading and approve the Summary of Board Action for the October 16, 2014, regular meeting; seconded by Board Member Discussion: CO`s -'- r VOTE PRESENT / ✓ ABSENT (W OR W/O CONSENT) Chairperson Hoover (Vacant - will be addressed Jan 2015) Vice Chairperson Board Member Baughman / HOOVER Board Member Brass ✓ I Board Member McCoy Board Member McCreary ✓/ BAUGHMAN Board Member Ritter v' Alternate Board Member Creasman ✓ Alternate Board Member Jonassaint ✓ r✓ Planning Consultant Brisson, Senior Planner t✓ Board Attorney Cook ✓ Board Secretary Burnette III. Minutes - Secretary. A. Board Member ( .A—(.zk, ._ moved to dispense with the reading and approve the Summary of Board Action for the October 16, 2014, regular meeting; seconded by Board Member Discussion: CO`s -'- r VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BAUGHMAN v' BRASS r✓ MCCOY v MCCREARY !/ RITTER c: CREASMAN JONASSAINT RFSUI TS. CARRIFD ✓ DFNIFD 11/20/14 Page 2 of 9 IV. Agenda - Chairperson. A. Chair Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. z `vc� � c,�.rk.e.. • . �..n".�,�. , , ... , . , , - � r ,, . -v- 1 „ , i � ,ac a,.c.�- c- ;,,�t -e,0 � dvY..,t,�i.�,'�.et.r,J `"" �c� V. CHAIR HOOVER OPENED THE PUBLIC HEARING AT G 0 " P.M. A. Consider I..DR Text Amendment Application No. 14- 002 -TA to review, consider, and discuss zoning district(s) for medical marijuana dispensaries (Exhibit 1). iV.Hearfrom Planning Staff. G, ,�,;4 44_,� --ti,""_. -' Vi ,6554, uv Gi. 0 - A urn - t tv.f. 6,11„L41 Ott,-;44-4'P 14/14 h g.,t, 44,,,...r......; ye_.5,,,..e,„_„,,,-_ Hear from City Staff.. 11120114 Page 3 of I V. PUBLIC HEARING CONTINUED. A. 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) Consideration of a recommendation to thelCity Council to approve or deny application. \ t Motion and second by Members `,` "` , to recommend /not recommend the City Council approve or deny LDR Text Amendment Application No. 14- 002 -TA which amends b) Board discussion. c) Vote on motion VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BAUGHMAN BRASS MCCOY 1, MCCREARY I RITTER CREASMAN JONASSAINT RFSIII TS: CARRIFD DFNIFD 11120114 Page 4 of V. PUBLIC HEARING CONTINUED. QUASI- JUDICIAL ITEM: B. Variance Application No. 14 -001 -V was submitted by Frank Carter, P.E. on behalf of property owner, Simpson Farms, Inc., to decrease the FRONT setback from 20 to 10 feet within a Heavy Commercial Zoning District, Reference Code of Ordinances Section 90 -285 (2)a. LEGAL: South 30 meet of Lot 3, and all of Lots 4, 5, 10, 11 and 12, the South 7.5 feet of the alley adjoining the North boundary of Lots 10, 11 and 12, the East 7.5 feet of the alley adjoining the West boundary of the South 30 feet of Lot 3, all of the alley adjoining the West boundary of Lots 4 and 5 and the East boundary of Lot 12; and the West 7.5 feet of the alley adjoin the East boundary of the South 50 feet of Lot 12, all in Block 230, First Addition to Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 6, Public Records of Okeechobee County, Florida, approximately 0.963 acres Located at 608 North Parrott Avenue, (Beef O'Brady's) (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14 -001 -V will be required to take an oath, respond, and give your full name and address). g� This being a quasi - judicial proceeding, as required by law, Attorney Cook administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Name(s) /�`' Address(es): " 1.1 Bill Brisson LaRue Planning and Management of 1375 Jackson Street, Suite 206, Fort Myers, Florida f i i r CAC -Tel.. -remi Coeft4 C So m) lV 4I ? aTr ?i4e. ?L Igo tbt- .y k..e D latots► I.,160 Le 4-- 2. Hear from Planning Staff. Background: The subject property is the former Beef O'Brady's restaurant situated on a 42,000 square foot lot located at 608 South Parrot Avenue in the CHV Zoning District. The property is located on the west side of South Parrott Avenue (US Highway 441), the major north -south arterial serving the City. The applicant wishes to expand the former Beef O'Brady's restaurant, a 5,670 square foot, single -story structure, by adding a 1,364 square -foot, covered outdoor dining area. North East South West Future Land Use Classification Commercial Zoning District CHV and RSF -1 Existing Land Use One vacant parcel and two office buildings Future Land Use Classification Commercial Zoning District CHV Existing Land Use Service station and a church Future Land Use Classification Commercial Zoning District CHV Existing Land Use Mixed office /residential immediately to the south, and Golden Corral Restaurant Future Land Use Classification Public Facilities Zoning District PUB Existing Land Use Public school 11120114 Page 5 of )(R V. PUBLIC HEARING CONTINUED. QUASI- JUDICIAL ITEM: B. Variance Application No. 14 -001 -V continued. Description of the Requested Variance: In order to accommodate the desired expansion, the Applicant is requesting a ten -foot variance from the 20 -foot minimum front yard building setback from South Parrott Avenue (US Highway 441) as required under Code of Ordinances Section 90- 385(2)a. This will place the open air dining area within 10 -feet of the property line fronting on South Parrot Avenue. Standards for Granting a Variance, Code of Ordinances Section 70- 374(b). Applicants are required by to address the following issues in their presentation before the Board of Adjustment. 1. Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site (and not merely for economic reasons or the convenience of the applicant). The Maximum Building coverage allowed in this CHV Zoning is 50 %, the existing restaurant building coverage is 13.5 %, less than the 50% allowed. Hardship to proposed expansion is caused by the physical dimensions of the parcel, which is 130 feet of street frontage. The parcel is 130 feet in a north to south dimension, and 300 feet parcel depth east to west, approx 2.5 times longer than the parcel frontage. It is therefore physically limiting to develop the restaurant use for covered open air seating without the Front Yard setback reduction from 20.0 feet to 10.0 feet. There is no hardship. The fact that the current building coverage is less, even much Tess, than the allowable maximum as no earin on the determination as to whether or not there is a hardship. The property is 9 p p p Y almost one acre in size; more than 6 1/2 times the minimum parcel size of 6,250 square feet for the CHV District. The fact that a large parcel is "L" shaped rather than a perfect rectangle does not constitute a hardship. Furthermore, the fact that the size and location of the existing structure prevents the owner from expanding to include an outdoor dining area, which is preference rather than a right, does not constitute a hardship. 44- 6)- /..444,v f''lp 444.44,42.4. . u. ew.ac ravevor I ' � a wit.44.40 z se4 too 2. Specify the minimum variance required including height, lot area, size of structure, size of yard, setback, buffer or open space. (Applicant should explain why the requested variance is the minimum necessary to overcome the hardship.) The Applicant Use for this property is Restaurant / Lounge as allowed by Chapter 90— Zoning Division 8. Heavy Commercial (CHV) District Sec 90 -282 Permitted uses. The Applicant does have the site physical characteristics to add an Outdoor Dining area, consistent with City of Okeechobee Code of Ordinances Appendix D Central Business District Building Guidelines Resolution No. 98 -12, which encourages the use of Covered Courts appropriate to the south central Florida climate incorporating overhangs for shading, and provision for natural ventilation and air movement. The Applicant does ask to utilize, and follow, the guidelines of the Code of Ordinance, Resolution No.98 -12 in the final design, and building renovation, for the proposed Open Air Outdoor dining area expansion. The specific minimum variance necessary is 10.0 feet reduction in the 20.0 feet of the Front Yard Setback distance. A lesser variance, will by physical dimension, prohibit 'any building expansion', and a definite Hardship from the Property Owners perspective. The minimum Variance required to obtain floor area for Outdoor seating and dining requires a 10.0 feet reduction from the 20.0 feet of Front yard setback described in Chapter 90- 285(2). The proposed 1,364 square feet of open air outdoor dining area is a single story, covered wood truss roof system, with concrete columns supporting the roof, and aluminum handrails enclosing the covered structure. A 4" concrete floor slab is also proposed under the roof. 4 4-617 - y 0-1,4 ,; M„r. iA, rA,PottiCc 144.101 44, tr "w «v1A4"4.- ..�.�' CAA. +""-t 11/20/14 Page 6 of 1 V. PUBLIC HEARING CONTINUED. QUASI- JUDICIAL ITEM: B. Variance Application No. 14 -001 -V continued. The Total Parcel area is approx. 42,000 sq. feet. with 20.0 feet of front yard setback to the street right of way, abutting a 6.0 feet concrete sidewalk and an 8.0 foot bicycle lane running parallel to the edge of pavement in Parrott Avenue. The 10.0 feet setback reduction is the minimum necessary, as building expansion cannot be created in any other area of the project Central Business District Building Guidelines enacted under Resolution No. 98 -12, do encourage the use of covered courts and other characteristics of development considered conducive to a healthy and active Central Business District. However, these Guidelines are applicable to the CBD Zoning District, the closest part of which is located about four blocks to the north. It is not applicable to properties in the CHV District, which is the district in which the subject property is located. Again, the fact that the Applicant cannot expand the area of the existing building unless he receives a ten - foot variance does not constitute a hardship as defined in the Land Development Regulations. It may be an inconvenience, and even a severe impediment to the Applicant's wishes and economic feasibility, but it does not qualify as a hardship. �,ti,C ©(.cu..a rtiti.'.r c.1 t t Findings Required for Granting a Variance, Code of Ordinances Section 70- 374(c). The Board of Adjustment must find that 1. Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. That the existing Land Use is an existing Restaurant /Lounge, without any drive through or food pickup at building, with ability to expand restricted to a single area within the property ownership. Adjacent Parcels with same Land Use have a Floor area 30% larger than the structure involved. the following six conditions exist: The fact that an existing building was built at or near the minimum required setback, thereby preventing further expansion is not a special condition that is peculiar to the subject property. Other properties in the CHV and other zoning districts have been developed in one manner or another that prevents current and future owners from expanding existing buildings.- PS-Pt 4'.1-,-Y ft -'~y l'" /' - i 1 "''"-T G oo d`^x &)ist.t 44, Arc,* j The floor area of a structure that is achievable on a given parcel is primarily dependent upon the parking requirement associated with the use in the structure. The greater the parking requirement, the greater the amount I of land required for parking and the less available for productive floor area. For example, a retail store requires only one quarter of the parking that a restaurant of the same size will require. Therefore, it is not surprising that other parcels in the same zoning district have a floor area greater than that of the subject parcel. However this is not a special condition or circumstance associated with the land or structure. Rather, it is the result of the owner's choice to operate a restaurant that results in smaller floor area than others in the same district. �� c1 ttc_. 4 wat. A. .tit. 2. " The special conditions and circumstances do not result from actions of the applicant. Applicant recently purchased property on 7 -17 -2014 in as is condition with 5670 S.F. total existing restaurant floor area, or 13.5% of total building coverage. The applicant requests Variance approval for 3.4% increase in building coverage. The Applicant is not requesting a variance to the maximum allowable building coverage. He is asking for a variance to reduce the setback. If this request is approved, his building coverage will increase. It is where he wishes to expand the building that is a problem, not the increase in coverage. 11120114 Page 7 of ) V. PUBLIC HEARING CONTINUED. QUASI- JUDICIAL ITEM: B. Variance Application No. 14 -001 -V continued. 3. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant. Literal interpretation and enforcement of the LDC would deprive the applicant of Rights commonly enjoyed by other properties in the same zoning districts, and cause undue Hardship as: Outdoor Dining, public seating, and sidewalks abutting traffic lanes are existing at Flagler Park along NW Park Avenue (SR 70) from US Hwy 441 (Parrott Avenue) East to NW /SE 7th Avenue. Multiple adjacent restaurants in the Zoning District cater and serve meals, which are hand carried across collector and local roadways to an outdoor dining area. Public seating is provided for patrons along with trash collection points. The Applicant is mistaken. The areas he is referring to are located in the CBD District which extends from NW 8th Avenue to NE 3rd Avenue generally between NW /NE 2nd Street and SW /SE 2nd Street. There is no minimum front yard setback in the CBD district. If there are properties along SR 70 east of NE 3rd Avenue with front yard setbacks of Tess than 20 feet, they are the result of the widening of SR 70, not as a result of a development approval by the City. (r ' =r,,,,!" R '7r" - ) et ,4. kz '• t The right to a front yard setback of Tess than 20 feet is not one commonly enjoyed by other properties in the CHV District. 4. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. vi a t(�,� a+nx' vex - ee.4 u .43.24t4.l Ai- A.4..iwa-& Gt d ?, eet,c. A lesser variance, will by physical dimension, prohibit 'any building expansion', and a definite Hardship from the Property Owners perspective. The minimum Variance required to obtain floor area for Outdoor seating and dining requires a 10.0 feet reduction from the 20.0 feet of Front yard setback described in Chapter 90- 285(2). The size and !ocation of the existing restaurant building already provides for reasonable use of the land and structure. We u er he needs at least 10 feet to achieve his economic ends. However, the ten -foot variance is only the minimum necessary to achieve his ends, not to provide for a reasonable use of the land or the structure. 5. Granting tl'e variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoning district. `54-1ti... 0 A -e4,4044,4 l)Nv�t.GG�t r� tiA:1`n �G rt ,A44. i r a -fir w,.- 4, , aktart 1,144.4.41 If the Variance is granted, the 10.0 feet of remaining Front Yard setback exceeds the front yard setbacks of business and shops within this district. While there are certainly some other structures in the CHV with front setback less than the required 20 feet, they are nonconforming structures. These are either very old structures built before the current requirements or structures the front yards of which have been reduced as a result of the multiple widening of US 441 or SR 70. The LDRs, in Section 70- 374(a)(3) specifically states that a variance shall not be "...granted because of the presence of other nonconforming structures or use in the zoning district or adjoining district." (n AAA., s 7 0 / G/ tl a cn c G /-/ i/ 6. Granting the variance will be compatible with the intent and purpose of the Land Development Code, and the variance will not be injurious to the neighborhood or detrimental to the public welfare. 11120114 Page 8 of 1 a4 V. PUBLIC HEARING CONTINUED. QUASI- JUDICIAL ITEM: B. Variance Application No. 14 -001 -V continued. Granting the Variance will provide compatibility with the Land Development Code and with the Code of Ordinances Chapter 90, Resolution 98 -12 Guidelines, which encourage the use of outdoor dining and open air seating in the overall building design. Granting the Variance will not be injurious or detrimental to the public welfare. Special provisions will be made to provide for patron safety and roadway geometry. Barriers protecting the structures will be proposed in this design. As stated earlier, the CBD Building Guidelines, enacted under Resolution No. 98 -12, are not applicable in the CHV Zoning District and cannot serve as a basis for granting a variance in the CHV District. While safety should certainly be a concern if the variance were to be granted, the erection of barriers on the private property in no way overcome all of the other deficiencies with regard to meeting the requirements for granting a variance. yy .s _,..: �.4 ice c , wit ..:4, YK 6-4 \r Recommendation: Based upon the foregoing analysis and findings, Staff recommends denial of the request for a variance to the minimum 20 -foot front yard setback to allow a ten -foot setback from US 441 on the property located at 608 South Parrott Avenue. �� ;'d A Avilt .. 4-4^ nM.t.. &ti . a4.60.�3A.e.Cc r34.0t G°s+ -e. t ? ila.4, i /►tom /�.w��t.� GIB t .r .1-4.c j,,4 ? .acmes (exA"-.-ec_ l putt w-t4' t writ. eke-rt /1uZA441 to-44,41 -`r 4. E'R'` G it64,441.0-1 • /t444.6 {4( i''`."4.6i. -. 4.% it t ev Wc c. - 'j1\4 erti -AX•. Cis•..,. "- 4."444`.1 e't•et 4.4++ -i. 3. Hear from the Property Owner or designee/agent. `144 3 -k. c ..a-u^ " ` l`` t4- -Le 4. � "t .2(t 04%1 a.0 p47' ve*44425 ! 6`7r4,4_,„444 L2A., attA:a .e;> CAA 4we y 40, t„,....a.d.„-t,444,, 44420 1 S 2 y 4 4010 F d ¢� .,.�ey 1 '�� 130103i = 81-44,'44-4f r AA �-� 1 LC ss l. -L Q%.4 4""^'y i44,j Ilr+c ci f/ �1/4/ ♦ / --L .�l c c --- NLA:J2 Th'IL4:d 1,-,_ 1-4-1.4 AAA-d-a-l-LA:d A-1--- 0.4,6 .(L/3 pv.41 tuzui ce,,,,f Pi q"-- li z 1 ---.- 19 tv,,,, ',AAA ,(21 A-4,--4., 0,1 br_je, 1 4 C"'" - . P m_4) - 'tom -�t... ; &110."..4.12 r..r.c..N.t, 1.6u1 13 2,T,p- e AA.t.? tb-tAi -.. A. 6--44. I fJ .A.- t&A.(- iivtAi t t ,,,,c . ;4 f any - L- ,AA- t,t.. e2 — St,.„ 0,1„, t,val"" ial-t-txx-a-o'kA- - ..C.,-t 44-.V.,e1 "..4e-w.t.4 ‘, fink h“. AA.d.k.--t, G-4,t- ,i,,t., 60.1,1-t,p--1L4c:t---e-c kt-c-4-( /kt-,v-04-4:4- 1 If 3 A y &2 tp, .. , (1 /1/1-) fr) //)'t 1 71‘,/-e dAA., 4-L-41/)&i) /.:y 6-e-c-A;-‘7 GA,t-A-r-4-cl ‘k-i ZtA4z-l- C7,0,(-1--t/ )._ 6, - ' 'G d- `% a_ 0,4-4 retz4eLkiN dAdtof Wm ac-t4, 9 fiA-i-freAzy . kli--.4.4.4). 10 i')‘ 11120114 Page%of V. PUBLIC HEARING CONTINUED. QUASI- JUDICIAL ITEM: B. Variance Application No. 14 -001 -V continued. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. The matter was advertised in the Okeechobee News on: it /I 01114 A sign was posted on the property on: Surrounding owners letters were mailed on: 1 1`i # mailed: { "7 0 M-( 5. Disclosure of Ex -Parte Communications' by the Board. 0,A) Air - ot-0 a-t--ItA' ei'"4443 eict<-44-44-46 6. a) Consideration of a motion to approve or deny petition. Motion and second by Members / to approve pplication No. 14 -001 -V decreasing the FRONT setback from 20 to 10 feet within a HCV Zoning District on the South I,feet of Lot 3, and all of Lots 4, 5, 10, 11 and 12, the South 7.5 feet of the alley adjoining the North boundary of Lots 10, 11 and 12, the East 7.5 feet of the alley adjoining the West boundary of the South 30 feet of Lot 3, all of the alley adjoining the West boundary of Lots 4 and 5 and the East boundary of Lot 12; and the West 7.5 feet of the alley adjoin the East boundary of the South 50 feet of Lot 12, all in Block 230, First Addition to Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 6, Public Records of Okeechobee County, Florida, located at 608 North Parrott Avenue, (Beef O'Brady's). b) Board discussion. 0/2k,14 0/( fie tt-(1 oci, „1144-t-;) IAA4 AA47 VA.I.c,\A 'to aAkiivt,” /rump., /2.-424241 met -twi °,.1_ 0-6`- r c c,i4t2 fyst 11›,t,g/ 'mio.izr Gk C A tim,t ' 4 VA.1i%1 `/ vw z . ilui % .jyp . °\‘44A-( !W rtietkvt- t/v-f° 44-ti, w-/,-/t, ix Ai--/-tc-i-e;tt- ) t.,r4,6.$, pet-e-c . 1 . 1,‘A.A 44-4-4,;t1 At- 4-14.0-14 DriA, /-441)., t"--eLet eZtA-4/ 4„r .4‘ to? 4A-e. vit,;1 4--7 m.ul%) fik..t�iu.r.. �� hmr.LZ 6 - -v__'6*-4q) Jt'L- ati--6-(A-f ,i/td, 11120114 Page..49'of j 6. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER / �f BAUGHMAN BRASS 1 ✓ MCCOY MCCREARY V/ RITTER CREASMAN V , JONASSAINT /_- RESUI TS. CARRIFD /DFNIFD I CHAIR HOOVER CLOSED THE PUBLIC HEARING AT 1' P.M. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. (,,p-Z--f/ C.�.�tAirriyt c-N (` U` ICA--4` U1�4A �ti�r�e e i-� to .. �—t o 4 War ' 0-(ALI "t_c p/L/L e . -u 8, O7 ek lAitAA. 0. g 44_ -e414)„, VII. ADJOURN - Chairperson. There being no further items on the agenda, Chair Hoover adjourned the meeting at p.m. 41ti.0 -t�rr '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. Planning Board /Board of Adjustment and Appeals Meeting November 20, 2014 Name Address \cv, Ikk (it ,:)-/, c< f� L - ro�.t -u . .P)c: 3 ,772-7— A/ez.--,--F--ti- .5-c 3 __.\,,,,_50 c-ck_L_ c0\4ex-- no. 0 3 k\it i 06A),(142,21H1-217/t by "A4 1IDEPENDENT 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 44-204L in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ///o/cy 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. Katrina Elsken Sworn to and subscribed bef e e this /q M day of y AD Notary Public, State of Florida at Large 1" ANGIE BRIDGES +1 MY COMMISSION # EE 177653 b` EXPIRES: April 20, 2016 psi E' Bonded Thru Notary Public Underwriters rr NOTICE OF CITY PLANNING BOARD MEETING NOTICE: The City of Okeechobee Planning Board wit meet as the Local Planning Agency-on Thursday, November 20, 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 vlew the proposed amendments. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities 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 468319 ON 11/19/2014 1DEPENDENT 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 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant 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 • r publication in the said newspaper. Sworn to and supscribed beto�re me this j "day of L Notary Public, State of Florida at Large Katrina Elsken • AD y r Pi '' AEE (RIDGES MY COMMISSION # EE 177653 piw EXPIRES: April 20, 2016 h Bonded Thru Notary Public Underwriters PUBLIC HEARING NOTICE LAND DEVELOPMENT REGULATION AMENDMENT A PUBLIC HEARING will be held before the City of Okeechobee Planning Board, meeting as the Local Planning Agency on Thum, Nov 20 2014 at 6 PM or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL., to consider and receive input on amending the Code of Ordinances, Subpart B Land Development Regulations. The purpose of the amendment is to consider changes to various sections of the Code of Ordinances in order to properly provide for the regulation of Medical Marijuana Dispensaries including be not limited to adding defini- tions, the appropriate zoning district or districts, whether additional regula- tions for the zoning district is applicable, whether additional required findings for special exception uses would be applicable, and the method of allowing for appeal. The Board will issue a recommendation that will be forwarded to the City Council tentatively scheduled to be considered for Public Hearings on De- cember 16, 2014, and January 6, 2015. 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. The proposed amendment may be reviewed at the address above during regular business hours, Mon -Fri, 8am- 4:30pm, except for holi- days. ANY PERSON DECIDING TO APPEAL any derision made by the Planning Board with respect to any matter considered at thls meeting will need to en- sure a verbatim record of the proceeding is made and the record Includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities 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, No. 14- 002 -TA 468060 ON 11/2,12/2014 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 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of / / 12 \/ iii. 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. Katrina Elsken Sworn to and,subscribed before me this p , day of ntv, rv,i `- :V AD Notary Public, State of Florida at Large , `l . ANGE BASES *r * e:: MY COMMISSION # EE 177653 EXPIRES: April hiw 7%„R .... Bonded T1au Notary Pubric Underwriters PUBLIC NOTICE CONSIDERATION OF A PROPOSED VARIANCE A QUASI- )UDICIAL PUBLIC HEARING will be held before the City of Okeechobee Board l)f Mjustment on Thurs, Nov 20, 2014, 6 PM or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeecho- bee, FL. The agenda is available on the City website: cityofokeechobee.com, or contact the General Services Dept., pburnette @cityofokeechobee.com, 863.763.3372 0218. Under consideration is Variation Petition No. 14 -001 -V, submitted by the property owner Simpson Farms; Inc., Mr. Wilton Simpson, President, to de- crease the FRONT set -back from 20 to 10 feet within a Heavy Commercial Zoning District (ref. Code Book Sec. 90 -285 (2)a., for property located at 608 South Parrott Avenue, (Beef O'Brady's). Legal: the South 30 feet of Lot 3, and all of Lots 4, 5, 10, 11 and 12, the South .7.5 feet of the alley adjoin- ing the North boundary of Lots 10, 11 and 12, the East 7.5 feet of the alley adjoining the West boundary of the South 30 feet of Lot 3, all of the alley adjoining the West boundary of Lots 4 and 5 and the East boundary of Lot 12; and the West 7.5 feet of the alley adjoin the East boundary of the South 50 feet of Lot 12, all in Block 230, First Addition to Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 6, Public Records of Okee- chobee County, Florida, approximately 0.963 acres. All members of the public are encouraged to attend and participate in said Hearing. The entire petition may be Inspected during regular business hours, Mon -Fri, 8am- 4:30pm, except for holidays. This Board serves as the decision making body, regarding variances and will function in a manner similar to a court, hearing testimony and questioning presenters who pro- vide substantial and competent evidence. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testi- mony and evidence upon which the appeal will be based. 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 Office no later than two busi- ness days prior to proceeding, 863 -763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. : Brian By804a ON 1itehall, Z12/2014 Zoning Administrator, Petition No. 14 -001 -V CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT REGULAR MEE1 NOVEMBER 20, 2014, OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: November 20, 2014, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Board Member Phil Baughman Board Member Karyne Brass Board Member Douglas McCoy Board Member Les McCreary Board Member Gary Ritter Board Member (Vacant Position) Alternate Board Member John Creasman Alternate Board Member Mac Jonassaint Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the Octoberl6, 2014, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. A. Consider LDR Text Amendment Application No. 14- 002 -TA to review, consider, and discuss zoning district(s) for medical marijuana dispensaries (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the City Staff. 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) Consideration of a recommendation to the City Council to approve or deny application. NOVEME V. PUBLIC HEARING CONTINUED. A. LDR Text Amendment Application No. 14- 002 -TA continued 5. b) Board discussion. c) Vote on motion. QUASI- JUDICIAL ITEM: B. Variance Application No. 14- 001 -V, submitted by Frank Carter, P.E. on behalf of property owner, Simpson Farms, Inc., to decrease the FRONT setback from 20 to 10 feet within a Heavy Commercial Zoning District, (Ref. Sec. 90 -285 (2)a.), for South 30 feet of Lot 3, and all of Lots 4, 5, 10, 11 and 12, the South 7.5 feet of the alley adjoining the North boundary of Lots 10, 11 and 12, the East 7.5 feet of the alley adjoining the West boundary of the South 30 feet of Lot 3, all of the alley adjoining the West boundary of Lots 4 and 5 and the East boundary of Lot 12; and the West 7.5 feet of the alley adjoin the East boundary of the South 50 feet of Lot 12, all in Block 230, First Addition to Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 6, Public Records of Okeechobee County, Florida, approximately 0.963 acres and located at 608 North Parrott Avenue, (Beef O'Brady's) (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14 -001 -V will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. 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) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. 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. 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. 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. V0Cvnu Pt) WS' icknee- City / ' .��enmralSemicemDepartmemt S6�A�enme,�m�mn1�1 S.E. ~ Okeechobee, Florida ���74-���� ' Phone: (8G�Q7��-����'9�t 218 Fax: (863) 763- 686 Date: '--- Petition /LL�}/l/-\� , -.~� . / /_~~. . FeePak±CK�74/� &m»a��3�4*dk�on: J�nA — '- r ~~~'^ � 1 Hearing: /L���-8J �" Hemhng� '�` ^ - Publication Dates: n /c� �' ////� � / ' Notices Mailed: Rezone, Special Exceptio and Variance 1 Name of property owner(s): ,`*/ �~�x�/��� _�,—~'_—~,, ~ ~~. '''/ ~�`' ._-' 2 O�nerma address: ��/7 �:>^�/l / -� '^� ' � ' ~ ^ A�u�� x��_�' //=-��- /—z-�,—`«�� �J~L� 1�� Name ofapp|�on�a � other than ownnr // � 4 Applicant mailing address: E-mail address 5 Name of contact person (state relationship): Contact person daytime phone(s): Property address/directions to p "/ ^/ �/ ^ �' ~ �L�/ /^�/^—��--' / /=x\ fa_A fa< e_410,,,TE-R, L--- z/" PR{J�E�Tly|NFQRKNATIQN / rty:/.b g . PA a.12r\T7 A c�� // �� //"�' � »"� -~�/// � 6 7 , �«''~' , ^ / ��'�-f/� ^ —^"` � —f�`�+ 0 / Describe ounn�m��p�p�y ' property: 1-� 1. ^� -/t ^ 4��_�� .�z� ��\' �\��-///Y~`+°-*+�'/ '»«'`, ~-'-^�^ `~�~ -- ^^ ' —^/ ' ' ^- • � DescrAe improvements on property (numb,Qritype buildin s, wellinits , occupied or vrnt, etc. , � r�� V ir• OU° /~ / Soun�/of potable vvaiec�--� of �pooeL�I� 10 � acreage: /7, �� i / Is property in a patted subdivision? 11 Is there a use on the property that is or was in violation of a city or county Vdinance? If so, describe: / ' — 12 Is a pending sale of the property subject to this application being granted? Afto i / . 0{kh.) '`~~°~ � ' ./~ '-- 13 14 Existing | :PfA Have ~`e`''~'~ any p'''' rezoning, property? (2�)No ( )Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. 16 Request is t Rezone (___) Special Exception (Rev 09114) ��� Page /of' l| 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 rnisleading 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 Lati;1 -\-%stn 0-10 -w Ff.11,14-0r •ri dews For questions relating to this application packet, call General Services Dept. at (863) -763- 3372, Ext. 218 (Rev 09/14) Page 2 of 11 REQUIRED AT 'ACHMENTS 18 Applicant's statement of interest in property: 3 A) )4 /Y / i ik L / 19 // Non- refundable application fee: Rezoning: $850 plu 3 !acre; Special Exception: $500 plus $30 /acre; Variance: $500""""" Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges 8 When the cost for advertising ublishing 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. 0 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) t/Three 22 property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number , �/ h� b. Legal description of property pertaining to the application ``) 0 li jai City of Okeechobee 55 SE 3rc1 Avenue Okeechobee, FL 34974 y ele: 863 -763 -3372 Fax: 863 -763 -1686 LAM) USE POWER OF ATTORNEY Name of Property Ownea (s): Sif r 2 � Pi i il t l -� �....d 1 .2-. ■0 '- 5-7--3 Mailing Address: :.L>k- 73 6— � /L-16y1 Home Telephone: Work 'j Cell: -�, Property Address: t�tfg -5, hl 0_ -- fG;I'A, + �� -- C)K - -40,66 �L..., S 1 712 0 _.__ % .AZoo — D ik0 Parcel ID Number: 3 — c1 /— 67--- 6'' 00 Name of Applicant: AJy7c `ski f- i�lome'Fclephone: Work: ��� � % ._-74iJ&,,Celi: OS 7. y� Ij r° The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the Bill right and power of attorney to make application to the City of Okeechobee to change the land use of said property. I'his 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. iMisstatements 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 WITNESS WHEREOF THE UNDERSIGNED D HAVE SET THEIR DAY OF S 201 HAND AND SEALS THIS /a4-- ____ -- mil/ Olt the /H/ . OWNEROWNER ll `vh i . ,Sf SOw Pin' i 444r. c> / WITNESS Lt....0 S'ITNE - -- OWNER O ' Before me the undersigned authority personally appeared the owner(s) acknowledged before me that they are the owner(s) of the real property power of attorney for the purpose stared therein. Sworn and subscribed Notary Public: SEAL named above who upo tng duly sworn described above and that they executed this /*7 K.day of S .g-f %. 20 .". °"'' WAYNE FRANCIS REI7TiNGER °`' ;@; :,. Notary Public, State of Florida : ` ; My Comm. Expires June 21, 2016 Commission Expires • (Rev 09/14) Boosted thru V /estern Surety Company Pate: 5 of 11 W.F.C. Engineering, Inc. C.A. #009541 14918 Knotty Pine Place *Tampa, Florida 33625 0(813) 264 -7650 •Cell (813) 758 -3396 Email: wfceng @verizon.net Project Location - -Beef 0' Brady's Project Address: 608 S. Parrott Avenue Okeechobee, Florida #18: Applicants Statement of Interest in Property: The Applicant purchased the Property on July 21, 2014, and will continue to operate the Restaurant on this parcel. In addition, the applicant requires a 1364 sq. ft. Outdoor Open Air dining area to facilitate the dining service and catered banquet operations consistent with this land use. Applicant proposes to renovate and remodel existing building to enhance parcel Amenities and promote zoning district guidelines. Please review the response, and schedule the Variance for the November 20, 2014 hearing before the Board of Adjustment. Please contact me with any questions, or need for information you require for this Variance application. 41--A,04,y)A CajA___,� Frank Carter, .E. W.F.C. Engineering, Inc. C.A. #009541 14918 Knotty Pine Place •Tampa, Florida 33625 0(813) 264 -7650 ■Cell (813) 758 -3396 Email: wfceng @verizon.net Project Location: 608 S. Parrott Avenue Okeechobee, Florida Additional Information Required for a Variance: A. Applicant requests a Variance from City of Okeechobee, Florida Code Of Ordinances Chapter 90 Zoning Sec.90 -285 (2) a. Lot and Structure requirements from a 20.0 front yard setback to a 10.0 feet front yard setback in this Heavy Commercial (CHV) District. B. Parcel is allowed 50% Building Coverage per Division 8 Zoning, physical dimensions To expand building limited to single portion of lot abutting existing restaurant. The Applicant Use for this property is Restaurant / Lounge as allowed by Chapter 90— Zoning Division 8. Heavy Commercial (CHV) District Sec 90 -282 Permitted uses. The Applicant does have the site physical characteristics to add an Outdoor Dining area, consistent with City of Okeechobee Code of Ordinances Appendix D Central Business District Building Guidelines Resolution No. 98 -12, which encourages the use of Covered Courts appropriate to the south central Florida climate incorporating overhangs for shading, and provision for natural ventilation and air movement. The Applicant does ask to utilize, and follow, the guidelines of the Code of Ordinance, Resolution No.98 -12 in the final design, and building renovation, for the proposed Open Air Outdoor dining area expansion. C. Previous owner did not cause or contribute to the characteristic necessitating the Variance. D. The specific minimum variance necessary is 10.0 feet reduction in the 20.0 feet of the Front Yard Setback distance. A lesser variance, will by physical dimension, prohibit "any building expansion ", and a definite Hardship from the Property Owners perspective. E. A Site Plan showing proposed expansion of Outdoor seating, with building setbacks, Total new floor area, and sidewalk connection to public sidewalks are enclosed for review. F. Responses to standards and required findings for granting the variance are provided. Page 2 of 3 September 18, 2014 608 S. Parrott Avenue Variance response Standards For Granting a Variance [Sec 70- 374(b) LDR page CD70:20] 1. The Maximum Building coverage allowed in this CHV Zoning is 50 %, the existing restaurant building coverage is 13.5 %, less than the 50% allowed. Hardship to proposed expansion is caused by the physical dimensions of the parcel, which is 130 feet of street frontage. The parcel is 130 feet in a north to south dimension, and 300 feet parcel depth east to west, approx 2.5 times longer than the parcel frontage. It is therefore physically limiting to develop the restaurant use for covered open air seating without the Front Yard setback reduction from 20.0 feet to 10.0 feet. 2. The minimum Variance required to obtain floor area for Outdoor seating and dining requires a 10.0 feet reduction from the 20.0 feet of Front yard setback described in Chapter 90- 285(2). The proposed 1,364 square feet of open air outdoor dining area is a single story, covered wood truss roof system, with concrete columns supporting the roof, and aluminum handrails enclosing the covered structure. A 4" concrete floor slab is also proposed under the roof. The Total Parcel area is approx. 42,000 sq. feet. with a 20.0 feet of front yard setback to the street right of way, abutting a 6.0 feet concrete sidewalk and an 8.0 foot bicycle lane running parallel to the edge of pavement in Parrott Avenue. The 10.0 feet setback reduction is the minimum necessary, as building expansion cannot be created in any other area of the project. Findings Required for Granting a Variance: [Sec 70 -374 (c), pages CD70: 20 & 21 in the LDRs] 1. Applicant cites Special Conditions and existing circumstances which are peculiar to the land and structure involved, and are not applicable to other land and structures in the same zoning district are: That the existing Land Use is an existing Restaurant /Lounge, without any drive through or food pickup at building, with ability to expand restricted to a single area within the property ownership. Adjacent Parcels with same Land Use have a Floor area 30% larger than the structure involved. Page 3 of 3 September 18, 2014 608 S. Parrott Avenue Variance response 2. Applicant recently purchased property on 7 -17 -2014 in as is condition with 5670 S.F. total existing restaurant floor area, or 13.5% of total building coverage. The applicant requests Variance approval for 3.4% increase in building coverage. 3. Littoral interpretation and enforcement of the LDC would deprive the applicant of Rights commonly enjoyed by other properties in the same zoning districts, and cause undue Hardship as: "Outdoor Dining, public seating, and sidewalks abutting traffic lanes are existing at Flagler Park" along NW Park Avenue (SR 70) from US Hwy 441 (Parrott Avenue) East to NW /SE 7th Avenue. Multiple adjacent restaurants in the Zoning District cater and serve meals, which are hand carried across collector and local roadways to an outdoor dining area. Public seating is provided for patrons along with trash collection points. 4. The Variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land and structure. 5. Granting the Variance will not confer on the applicant any special privilege that is or are denied by the Land Development Code to other land or structures in the same zoning district. If the Variance is granted, the 10.0 feet of remaining Front Yard setback exceeds the front yard setbacks of business and shops within this district. 6. Granting the Variance will be provide compatibility with the Land Development Code and with the Code of Ordinances Chapter 90 Resolution 98 -12 Guidelines, which encourage the use of outdoor dining and open air seating in the overall building design. Granting the Variance will not be injurious or detrimental to the public welfare. Special provisions will be made to provide for patron safety and roadway geometry. Barriers protecting the structures will be proposed in this design. Please review the response, and schedule the Variance for the November 20, 2014 hearing before the Board of Adjustment. Please contact me with any questions, or need for information you require for this Variance application. A ADDITIONAL INFORMATION REQUIRED FOR A VARIANCE Describe the Variance sought: B Describe the physical characteristics of the property that make the variance necessary: C Did you or a previous owner of the property cause or contribute to the characteristic necessitating the variance: ( ) No ( ) Yes If yes, explain: D What specifically is the minimum variance necessary and explain why a lesser variance is not adequate. E Attach a site plan showing the buildings, structures and other irnprovernents or characteristics of the site and the location of the specific variance(s) sought. F Responses addressing the standards and required findings for the granting of a variance as described below Attach additional sheets as necessary. STANDARDS FOR GRANTING A VARIANCE [(Sec. 70- 374(b), LDR page CD70:20] Applicants are required by Sec. 70- 374(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 variance is needed to overcome a hardship caused by the unique physical conditions of the site [and not merely for economic reasons or the convenience of the applicant]. 2. Specify the minimum variance required including height, lot area, size of structure, size of yard, setback, buffer or open space. [Applicant should explain why the requested variance is the minimum necessary to overcome the hardship. ] (Rev 01/12) Page 10 of I 1 FINDINGS REQUIRED FOR GRANTING A VARIANCE [Sec. 70- 374(c) , pages CD70:20 & 21 in the LDRs] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed variance 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. Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. 2. The special conditions and circumstances do not result from actions of the applicant. 3. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant. 4. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. 5. Granting the variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoning district. 6. Granting the variance will be compatible with the intent and purpose of the Land Development Code, and the variance will not be injurious to the neighborhood or detrimental to the public welfare. 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 VARIANCE EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (Rev 01/12) Page 11 of 11 'ONO NAIL No CON. MAN MO VI MN LOT 9 B L 0 LOT 8 APORDON OF BLOCK 230, RRST ADDITION TO OKEECHOBEE FLORIDA PLAT BOOK 5, PAGE 6 OKEECHOBEE COUNTY, FLORIDA K /," 2 3 0 LOT 7 N 4098'23' w 3000 2/ /1 1 / /^ / 1 i/ / s\ 1 1 LOT 2 it 4 LOT 10 /2 Y / I I,/ / / 1 - -p - �/ � I e.vCmst.e.er //i LOT 12 !i J / /1 fi I / A 1 N 80]1'37' E 150.60 LOT 3 NC ATMS .Ate (e0r w mnot ,prs) LOT 4 ryes ..•• • 5 899171' If 15040' w wen, LOT 5 5 80'0,'3 ew50. ,. G0' ee/e'. -m. rr w ar sa.aNrr s 009077' E 130.00' r• 91 LOT 6 no AANA eat SW 7th STREET End STREET (7) (70' R/8 PER PLAT) a 7 0 LEGEND N AI NON NM PCP Gs m.PNS1 MO .6. w> �"m , e t MbPn tee. Q 00¢24 la ow•EAO PPOrr08 e.w pie m maNa en o ac,rzo .n. P+t O POND P,IN• )a0611.Td O r.a" o •ASTI A01MTPI lamer w be M.O. is Ole MAO di PS • MPSAAT], 4,0 01 VI AN MA OP" POI POae O. .AL MVO NON WO., SOAR MANION INAS WIN • ✓ SCALE ' - 20' 0 ,0 20 40 D69CWP170N: (per OOlelal R.eerd. Beek 668. P.4. 84) The South 30 !.et of lot 3. and all of lob 4, 6, 10. II end 12. Meek 630, N65T AOOTSO7 TO 0816000064 according to the plat thereof recorded In flat Book 6. Pada s, publla record. of 01reohobe. County, florid•. ALSO TM South 7.6 feet e! 18..0.y adhelatha the North boundary of tote 10. 11 d 12 the 60.I 7.5 feet of lee alley adjoined the Nut boundary of the South 30 feet of Let 3, W of the An .dime.. the tut boundary of late 4 end 0 WIob100 the But bound. of of the South 60 feet of Let 12. all In Mot 230. FIRST AlMRION TO 000C110812, according b the plat thereof 78coeded in flat Book 6. Pep O. of tha public record. of Okeechobee Comity. Florida. SURVEYOR'S ROTES: 1. Me of of th1..un.7 for purpose. other than 1n1.Mrd. *them Ala. .0184.000, area be at the ones .el* risk and without 8.611117 to M. 8408.700. RethluF 8.0.10 WWI be 00..404•• b gin any Mahn or 0.o06*. to anyone other then Non certified to 2. This warm was prepared without an ab.lreel of 00.: therefore the u0abe4.4 m.kes n d7ar6nba or repre1mb0e0. 006•,41.. blerm.tbo thew. b0wm parW.le1 b .000nmt0. Monts- of -..7. Windt lin... {nom b. 0me, ee other 020407 10.00.. 0. Ne ued0except Ioab11hoenh rho .0emala er eeenaceme.l. can hem located except Mon shown hut... 4. we lootru were of nee. D«0.4 erside sanmente. rapt- Of -went ..4 /ee 610 were furnished b 18..md.r.t aro .80071 u Net.. 6. Subject pro rip may 00.Wo boa 401 6)0es b Jurisdiction or restriction B; one .re Of the following anodes: Arm? Corp, op. of 603b..n, 6.00. Florida Environmental 0.0.400.0\ District (3.7.6YO.) Or Florida D.pnM,mn.f distances PreboW,(Field ). e. Benton and dlabeee..hem hump 000 cola measured. coin. otherwise b41e0bd 10, Bearings lo k •20. 880880 w .884006 cued .Tuts per a pin Let 10, Black 800. 4 2. 3.1 600 TO Pan 0 of t FLORIDA. M . per 04 plat thereof recorded b Flee Florida. 5, P. 0 of the public a 78. 8. 0* Grea l 02 between 1 is .0. .7*00, le ne The OM of tr.a Irin. 08 78 fob 02 fl n.nm. b act son teb4 ev the plat of FOOT ADD 19 01DOSC0. 8. ne the thle o0 b, deed d record and 80010 An0uvy, 16 fe it la width, wh Nat th0 .000 la banmt interpret. lout �� le fast b 414th, r61.n b to b .n0r.d Date of Field S106/25/t4 FfiATP: 0 NO toss Ter O.C. Johann CMt10ph0 N. MA .bide Registered Sur 5566 Rona lrc.8.0 &Ain Not .0HO .7b0e.1 cot .27,0188 .,J m. Cr1gho' robed sod w/ '02008 Swat, ranee, sof worm,.. dHNSON ASSOIGYA7ES SWIMMING MO MAPPING Phone: (352) 588 -2768 re.: (353) 588 -2713 11911 South Curley Street Son Antonio. Florida 33576 BOUNDARY SURVEY PISA .m m. Simpson Farms, Inc. Beef '0' Brady's Okeechobee PROJECT NO.: 2012- 11 *A01.00001 SCALE: 1• . 20' DRAWN 67: RR 1/00/14 04004E0 BY : Old 7/09/14 SHEET CF I f.0 LOT 9 LOT B 4 70R1gf1 OP BLOCK 230, FIRST ADDITION TO OKEECHOBEE FLORIDA PLAT BOOK 5, PAGE 6 OKEECHOBEE COUNTY, FLORIDA K /, 2 3 0 //2 - - - - -- / ,1 LOT 7 1 N 0056'23 R 3000' LOT 2 r0.00 %72. N 8931'37 E 050.00' 1 1- �i - ->• J' A LOT 10 p 00 • 5 8631'37' N 16000 cr nom, tuo LOT 12 1m.w,+"e H LOT 3 O. 40,0001,TRm 00 (.mtl mM" ) LOT at car p L. 1' LOT 5 VI 5 11931'0'' v .550.00 t/fr":0.w02R 3i 5 005673' E 50 r ,F, 1:25 CM N37 10003 Mar a aoi c SW 7th STREET 2500 51REET (P) (70' 0/0 PER P141) LOT 6 ROOM na1e.� S? 9s (ECM OM WORM 10:00/INT rm w.PwomR v0M waerol nom„ uc m10104 ON▪ OMCM°MOIR 450 o.ma Pet 7▪ 406164100 roue • at 101 MAW a die i.tw111001 • a▪ rc ▪ wa. wort KU PPP KU ROM SMI UMW.. IMMOLL WON 410 CORRITC 0 m ®0 D0CRIP'iION: (pr 01011.1 Record. Book 565, P4. 84) The II and ON TO 00LBONOBZ, according pat thereof Plot 0006 5, Pegs 5. pubio 7.0014. of Okeechobee County. Florida. ALSO Om It South 7.6 f•.7 of let 01th e.0 .4 � boundary t of IL.0 the .m It W 4•t 7.5 (eel 2 the RaAy .N South .0 010 of 46 o: sR of 60 Way .004 05 the s WA 016 0? el allay a .d 0610•° 06 1046 Cast 0? 10.° sea k and rot of 261 2. foot of BI 6 nRR A4Pa o6 To O e pub065, .ewsN01 l° Wo PILL �vwt 501014.4 Iv Wl 0006 6, P4. 6. of 40 public 501074. 01 0k.ec6o 7. 21,44.. SURVEYOR'S NOTES: 2. n 6. a. 7. e. 00. of or thl. survey for 740901•• other than 406004/4. without written .ertilc0Uen, x44 be at 1M user's sole 00k .od without Wbuity 60 the 40 aeons Other 416. th6ecw CO004 .4 to O. my nett. 07 •.00(21. Thlo understood makesflnoPo116uar without •0. Y007n••0bllo°.. north. Information .60000 n.1.,. rn1414 b ••.50 r19604-et -my. setback Nese. No underground le•W U°o .°101.0 00062407 0000r0006me °t. 64,. bean 00.t.4.40451 tho01 .hem Oman. No lo.eumene of 7.0074 1er1/1001 .foe, reel -00 -wan .m /or Bu0 ownership er y may cattalo 10o tud•4W4Oare .u0.001 . OrtedlWOO or restrtelban by en• or mom of tb f .70.01 axonal. 4,4.6 Army Corp. of grtmwtbath f EneNen10OW ProtMlm (PD.L.P.)�t (6.7.1,3.0.) or 50071.4 barb,/ and distance. shwa borsan •w /told meowed. union oth.rwl50 1m4.Ud b•noy s=eta 407.10 .r. ADDITION TO 01 Bored m 7200 0.4 s por Um pl lot 17, 00 cord .ant' 1.1 00 TO Paco f . 7W00. 0 Per th. plat thane! n10N.4 7. foal Book 40 5. 7000 a of the 1.610 records at 10..646080 County. noncan. 5.tl 000 shown .0.00,'1. 00 m. plat of .r.• Iy1a6 06 70 bb 0056 hereon, 4 .0 ennatht•4 deed W. plat of fount ADr0n00 TO 06, *640 *01 FLORIDA. 0504 en I. dad er r000rd and found 106.02 .cod b ban allay, 15 fe.t tin width. Mob I. to be .tto nd 8LL.ecn •d4eeent lots. Date of Field Su 4 6/25/14 017900 K N J4 c7,* 70.5506 For 0.0. 4060003 w140 01050W14 T' 0. 5 Ronde Lin. m 04 `•.1 .:: Ab1 605'/ .RAS,n Ga 460 w sY me eei ar rate( .M of Rabb Nana i6f and masa DAHNSON SSOIC/A7ES 53.I91,651J0 AND 44770+0 Phone: (352) 588 -2769 PROJECT NO.: 2012 - 119401.09001 SCALE: 1' . 20' Fos: (352) 599 -2713 11911 004. Curley Street 0600( BY : RR I 7/08 /14 SHEET Son Mlmb, Florida 33576 CNEIXEO BT : IX% 7/09/14 1 a 1 BOUNDARY SURVEY Simpson Forms, Inc. Beef 0' Brady's Okeechobee Municode rage 1 or i eardp-AL L�&< Vt6/l (el, b b1.c l Okeechobee, Florida, Code of Ordinances » PART ll - CODE OF ORDINANCES » AI'°'PIThhDI - .t CENTRAL BUSINESS DISTRICT BUILDING DESIGN GUiDE€..iC ES » APPENDIX D CENTRAL BUSINESS DISTRICT BUILDING DESIGN GUIDELINES RESOLUTION NO. 98 -12 These building design guidelines provide information to assist the building designer to integrate public and commercial buildings within the urban landscape. They are intended to encourage creation of a high quality environment for business, work and shopping areas, and alert architects, engineers, and developers to features that should be given careful consideration during project development. The building design guidelines contain no mandatory requirements. 1. Overall building design. a• Buildings should have a strong unified architectural image, and all sides of buildings, signs, fences, landscaping, lighting, walks, and other amenities should be detailed consistently. it4- Building forms should be appropriate for the south central Florida climate, incorporating overhangs for shading, and provision for natural building ventilation and air movement. c Projects should be planned and designed to be compatible with adjacent well - designed buildings and urban landscape. d. Where a historical architectural style is used, it should be consistent in detailing and materials. e. There should be an honest expression in construction and design, achieved through proper use of building forms, quality materials, and judicious use of color and textures. 2. Building massing and relationships. a. Buildings should be related to human scale and should not be planned as one large unarticulated mass. b. Building forms and elements should be related to corresponding elements on adjacent buildings. Major horizontal features, windows, floor and roof levels, arcades, and canopies should recognize adjacent building alignments. The rhythm of major vertical elements, column bays, and windows in fine existing buildings should be echoed in new buildings. C. Covered arcades, canopies, and exterior courts should be incorporated to improve livability in the Florida climate, to reduce apparent building mass, and to add interest. 3. External building materials. a Building construction materials. Construction materials should be of lasting quality, properly used, installed and maintained. Facing brick and stone (each of fairly uniform color), textured concrete, terra cotta, and stucco on masonry are acceptable primary building materials for public and commercial structures. httna• //I ihrarv. municode.com / print. aspx? h— &clientlD= 11366 &HTMRequest= https %3a %2:.. 9/15/2014 Fake, imitation and nondurable materials should not be used. Canvas canopies and awnings may be used, provided they are properly maintained and replaced before they deteriorate. b. Wall treatment. Window and door unites should be well scaled quality fixtures; bronze, anodized aluminum, and hardwood units are recommended. Extensive •areas of reflective glass window wall, vinyl, plastic, metal and wood siding, and • jalousie windows should be avoided. c. Roof treatment. Low pitched sloping roofs with clay tiles are recommended •where appropriate to the building use.•Flat roofs may be used, provided all mechanical equipment is concealed from public view. d. Paving treatment. Modular paving materials are recommended over monolithic surfaces for pedestrian areas. Paving modules should be designed to accommodate lighting units, seating, trash receptacles, trees, planters, drains and similar items. Textured and colored paving surfaces such as clay brick pavers, (not facing bricks) are recommended rather than smooth and grey finishes. Paving materials on private property may vary from, but should • complement, adjacent public and private walkways in pattern and texture. Pedestrian paving materials and patterns should be used to identify crosswalks in parking lots. e. Color and texture. Overall building colors schemes should be compatible with adjacent quality buildings. Light and pastel colors should predominate, darker accent colors may be used to add definition and interest around elements such as door and window openings. Where feasible, texture and color should be an integral part of the building material. Strongly textured permanent materials and decorative clay product are recommended. Polished stainless steel, reflective mirror glass and similar glare producing materials should not be used extensively. Highly contrasting patterned color schemes in black and white or red and white, (for example, schemes reminiscent or motor speedway tracks), should be avoided as they are a visual disruption in the urban landscape. 4. Pedestrian circulation features and amenities. a. Pedestrian circulation should be barrier free and ramps are to be provided for the handicapped, in accord with Florida regulations. Pedestrian circulation should be planned and integrated in design with adjacent projects. b. Commercial building, first floor level facades should be attractive and provide visual interest, with shop windows, display units, entrances, and public amenities. Large areas of blank walls are to be avoided. No more than 30 percent of the first floor building elevation adjacent to a public walkway should be solid wall. C. Pockets of dead space along shopping streets are to be avoided. Where exterior courts or major building facade setbacks occur, entrances should be provided. d. Arcades, canopies and awnings should be provided along pedestrian walks for sun and rain protection. They should be at least eight feet wide, with a clear bead room of nine feet. They should be permanent design elements, but may have movable and replaceable components. e. Public amenities such as fixed seating in shaded areas, trash receptacles, drinking fountains, xeriscape drought tolerant landscaping, lighting units, water features, sculpture, information directories, should be provided. https: / /library.municode. com/print.aspx ?h = &clientlD =113 66 &HTMRequest=https %3 a %2... 9/15/2014 iviunicoae Page 3 of 3 5. Lighting. a. Architectural, safety, emergency and security lighting, should be integrated into the building design. V b. Pedestrian lighting should safely illuminate walkways, either from light standards or from lower level, vandal resistant, accent lights, set at a uniform height. C. Low intensity landscape lighting may be used. d. Automatic security lighting should illuminate all areas around the building and should not create shadow pockets. e. Lighting should be directed away from streets and adjacent property and should not create annoying glare. f. Energy efficient lighting equipment should be used. Metal halide are recommended to be used in pedestrian areas and high pressure sodium in parking areas. 9• , White light is recommended, and multicolored lighting is to be avoided, especially when it might conflict with traffic signals. 6. Service facilities and mechanical equipment. a. Service entrances and service disposal facilities should be screened from view, and should be located so as not to disrupt pedestrian movement. b. Mechanical equipment and utility services should be located and screened so as not to be visible from public areas adjacent property. C. Noise from mechanical services should not be apparent in outside public areas. d. Power and communications transmission liens [lines] should be underground in public areas. Provision should be made for natural ventilation and air circulation t _ enerci� costs and noise. f. Window air conditioning units should not be used. FOOTNOTE(S): (1) - -- Editors note— Printed herein is the central business district building design guidelines, as adopted by Resolution Number 98 -12 on October 6, 1998. Amendments to the resolution are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original resolution. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, headings and catchiines have been made uniform and the same system of capitalization. citation to state statutes, and expression of numbers in text as appears in the Code of Ordinances has been used. Additions made for clarity are indicated by brackets. (Back) Cross reference— Businesses, ch. 14.1Back) https: / /library. municode, com/print. aspx ?h= &client1D =113 66 &HTMRequest =https %3 a %2... 9/15/2014 Detail by Entity Name FLORIDA DRPARTM NT OP STATE DIVISION OF CORPORXFIONS Page 1 of 2 Detail by Entity Name Florida Profit Corporation SIMPSON FARMS, INC. Filing Information Document Number P97000038332 FEI /EIN Number 593445710 Date Filed 04/28/1997 State FL Status ACTIVE Last Event CANCEL ADM DISS /REV Event Date Filed 10/14/2003 Event Effective Date NONE Principal Address 21310 US 98 HIGHWAY 98 NORTH TRILBY, FL 33593 Changed: 04/10/2009 Mailing Address POST OFFICE BOX 721 TRILBY, FL 33593 Changed: 10/14/2003 Registered Agent Name & Address SIMPSON, WILTON E 121310 HIGHWAY 98 NORTH P. O. 721 TRILBY, FL 33593 Address Changed: 04/28/2011 Officer /Director Detail Name & Address Title DPST SIMPSON, WILTON E 21310 HIGHWAY 98 NORTH (P. O. BOX 721) TRILBY, FL 33593 http: / /search.sunbiz.org/ Inquiry/ CorporationSearch /SearchResultDetail/Entity... 9/9/2014 Josepbiae Lee Larkin. For Medridbha Tide Cowpony, Ise. 37837 Meridian Avenue Suite 100 Dade City, FL33525 351241 File Number: 14.06-36r3L SALES PRIG: 0625,000.00 -,a J'1!!'kJWI1HII1IJ2Ii1&HhI11 l �`ii il OR B1K 749 PG 472 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 07/28/2014 03:56 :01 Ph ALIT $625,000.00 RECORDING FEES 827.00 DEED DOC 84,375.00 RECORDED BY R Parrish P9s 472 — 4741 (3 ass) (Sp*os Above This Uos For Reooseae Dog Warranty Deed This Warranty Deed made this 2_18t day of July . 2014, between cos OF OICREC lolls INC., a Florida Corporation, whose post office address is 6018. Parrot Aveaae, Okeechobee, FL :4974, pantos, and SDKPSON FARMS, INC., * Flo 4733. Vat** (Whom* used kosidd dale wow "sisal*" iadividaaln. sad dale sasano s sad wales(ot Lion, whose post oRloe address is P. 0. Box 735, Trfby, FL 33593- > Its pads a ddb Iroaaanu sod the heirs. issrl IsOnssoOltwq, sod ::alms at Wintessetb. that said grantor, for and in good and valuable considesations to said has granted, bargained, and sold to the said situate, hying and being in Okeechobee of the sum of TEN AND NO/I00 DOLLARS (810.00) end other by said grantee, the receipt whereof is hereby acknowledged, bobs sod insigne lbreve r, the following described land, t SZE EXHIBIT "A" ATTACHED HBRETO4 ADE A PART HEREOF FOR A MORE PAR71CIR,AR DESCRIPTION OF Parcel Identificadat Numbers R 3-21-37 Together with ell the to nensetts, hersditements and appurtenances thereto belongs or in anywise appertaining. To Have and to Ho1d the same in See shnple forever. And the grantor hereby covenants with said grantee that the grantor is Iawlhlty seized of said land in fee simple; that the grantor has good right and IawAtl authority to sell and convey said bad; than the grantor hereby AiHy warrants the tide to said land sad will delted the same against the lawfd claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes wonting subsequent to December 31, 2013. zoning and/or restrictions imposed by govarao>en tal aulbmily, and easanen e, restrictions and reservations of h+ocond, Deny, however this rehrenoe shell not serve to reimpose lame. Doula altos. Book749 /Page472 CFN #2014007011 Page 1 of 3 r • of Ji Witness Mena, grantor has hereunto set gannet band and seal the day and year lira above written. Signed, sealed and delivec+ed in our presooce 410.0 _ ‘41 6 .,- 1/ 1 Witness: Printed Witness Name ►_ :: I+ BY: Printed Witness Name County State of .d The kregoieg instrument was ax . . � President of COS OP OKCEECHOBEE 1l+IC., ' �•!,. 4 a — pasoaMly known to nae or (X) has produced s , , ? }W , if • (NotaySeall ' " ",•. LAVACA HUFF .•*'"MY i+i Notary Public - States of Florida • s My Comm. Expires km 17.2017 . Commission a► U t1M110 1 tlondsd Throw National Notary Assn. Warned" Dead • ?see 2 2014 by Lee corporation. Hdahe U is /55.-332 -5"?-31,2-0 None: 4vaLe4) 1144a My Commission expires: Doubloratrie Book749/Page473 CFN #2014007011 Page 2 of 3 THE SOUTH 30 FEET OF LOT 3, AND ALL OP LOTS 4, 5, 10, 11 AND 12, BLOCK 230, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 6, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. ALSO: THE SOUTH 7.5 FEET OF THE ALLEY ADJOINING THE NORTH BOUNDARY OF LOTS 10, 11 AND 12 THE BAST 7.5 PEET OF THE ALLEY ADJOINING THE WEST BOUNDARY OF THE SOUTH 30 FEET OF LOT 3; ALL OF THE ALLEY ADJOINING THE WEST BOUNDARY OP LOTS 4 ANT) 5 AND THE EAST BOUNDARY OP LOT 12; AND 1138 WEST 7.5 PEET OF THE ALLEY ADJOININO THE EAST BOUNDARY OF THE SOUTH 50 FEET OF LOT 12, ALL IN BLOCK 230, FIRST ADDITION TO OKEECHOBEB, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 6, OF THE PUBLIC RECORDS 0.' • :4..: • BEE COUNTY, FLORIDA. PA1;CJ1L t A 3- 20-02300 -0040 Book749 /Page474 CFN #2014007011 Page 3 of 3 PIN DSP 2- 21- 37- 35 -0A00- 00054 -0000 2- 21- 37- 35- 0A'00= 00051 -A000 3 -15 -37-35 - 0010 -01960 -0010 3- 21- 37- 35- 0020 - 02180 -0020 3- 21- 37 -35- 0020 - 02180 -0040 3- 21- 37- 35- 0020 - 02190 -0030 3- 21- 37 -35- 0020 -02190 -0050 3- 21- 37 -35- 0020 -02190 -0100 3- 21- 37 -35- 0020 - 02200 -0070 3- 21- 37- 35- 0020- 02290 -0010 3-21-37-35 -0020- 02290 -0040 3- 21 -37 -35 -0020 -02300 -0010 3- 21-37-35 -0020- 02300 -0040 3-21-37-35-0020-02300-0060 3- 21 -37 -35 -0020- 02300 -0070 3- 21 -37 -35 -0020- 02300 -0080 3-21-37-35-0040-00010-0010 3-21 -37-35 -0040-00010 -0030 3- 21 -37 -35 -0040 - 00010 -004A 3-21-37-35-0040-00010-0043 OWNER NAME MARTIN SHANNON D, ETAL LOUTHAN MRS J F (MELBA) (EST) OKEECHOBEE COUNTY SCHOOL BOARD SMITH AVENA -LYN REVOCABLE TRUS JAWCO GROUP INC GIBBENS ROBERT W JR & ANNIE M BLACKWELL HOLDINGS LLC ARWOYOKA LLC SHAH KIRIT R & DIPIKA K CHRIST FELLOWSHIP CHURCH INC TRIPLE E MANAGEMENT INC HOOKER CHRISTINE P SIMPSON FARMS INC DECARLO FRANK & RENO SARAH HOOKER CHRISTINA P HOOKER CHRISTINA P GOLDEN LION MID FLORIDA LLC BRENNAN J PATRICK & SHIRLEY M PAUL CLAUDINE SCOTT FAMILY TRUST ADDRESS _1 %BROOKE LOUTHAN BROWN %BROOKE LOUTHAN BROWN POBOX815 P O BOX 923 501 NE 8TH AVE 2821 SE EAST BLACKWELL DR 1904 S PARROTT AVE 6525 JESSY CIR 5343 NORTHLAKE BLVD 246 E MAIN ST 1902 SVV 3RD AVE P 0 BOX 735 405SW 2ND ST 1902 SW 3RD AVE 1902 SW 3RD AVE 700 S PARROTT AVE 258 SE 60TH AVE 1646 HIGHWAY 441 NORTH 1621 EAST 500 SOUTH ADDRESS_2 11613 COUNTY RD 721 11613 COUNTY RD 721 ROOM 223A CITY_NAME OKEECHOBEE OKEECHOBEE OKEECHOBEE MADISON OKEECHOBEE OKEECHOBEE PORT ST LUCIE OKEECHOBEE LAKE WORTH WEST PALM BEACH PAHOKEE OKEECHOBEE TRILBY OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE ANDERSON ST FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL IN ZIPCODE 34974 34974 34972 323410815 349730923 349724512 34952 34974 334670000 33418 33476 349746151 335930735 34974 34974 34974 34974 349747985 34972 460139602 Staff Report Variance Request Prepared for: The City of Okeechobee Applicant: Simpson Farms, Inc. Petition No.: 14 -001 -V S Vijig iJLU Planning .Management Services, Inc. -e- 1375 Jackson Street, Suite 206 Puri flyers. Florida 334 -336( Ioricia Local Governments Since 1988 Staff Report Variance Request Applicant's Name: Simpson Farms, Inc. Petition No. 14 -001 -V General Information Owner Simpson Farms, Inc 608 S Parrott Avenue Contact Phone Number Email Address Future °' Lane.:. Zoning District Use of Proper Acreage 813- 264 -7650 I' veri on.n Existing O r erci CHV1 Proposed CHV estaurant will outdoor seating wr 0.963 0.963 Le • al Description of Pro • ert Location: 608 S Parrott Ave, Okeechobee, FL Parcel Identification Number: 3- 21- 37 -35- 0020 - 02300 -0040 THE SOUTH 30 FEET OF LOT 3, AND ALL OF LOTS 4, 5, 10, 11 AND 12, BLOCK 230, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 6, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. ALSO: THE SOUTH 7.5 FEET OF THE ALLEY ADJOINING THE NORTH BOUNDARY OF LOTS 10, 11 AND 12 THE EAST 7.5 FEET OF THE ALLEY ADJOINING THE WEST BOUNDARY OF THE SOUTH 30 FEET OF LOT 3; ALL OF THE ALLEY ADJOINING THE WEST BOUNDARY OF LOTS 4 AND 5 AND THE EAST BOUNDARY OF LOT 12; AND THE WEST 7.5 FEET OF THE ALLEY ADJOINING THE EAST BOUNDARY OF THE SOUTH 50 FEET OF LOT 12, ALL IN BLOCK 230, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 6, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. .Serving Florida Loral t:;o%er, r nnts Since 1988 1 Staff Report Variance Request Applicant's Name: Simpson Farms, Inc. Petition No. 14 -001 -V Back •round The subject property is the former Beef O'Brady's restaurant situated on a 42,000 square foot lot located at 608 South Parrot Avenue in the CHV Zoning District. The property is located on the west side of US Highway 441, the major north -south arterial serving the City of Okeechobee. The applicant wishes to expand the former Beef O'Brady's restaurant, a 5,670 square foot, single -story structure, by adding a 1,364 square -foot, covered outdoor dining area. Description of the Requested Variance In order to accommodate the desired expansion, the Applicant is requesting a ten -foot variance from the 20 -foot minimum front yard building setback from US Highway 441 /South Parrot Avenue as required under Section 90- 385(2)a. This will place the open air dining area within ten feet of the property line fronting on South Parrot Avenue. Adjacent FLUM Classification, Zoning District, and Existing Land Use North Future Land Use Map Zoning District Existing Land Use Commercial CHV and RSF1 One vacant parcel and two office buildings South Zoning District Ex s ing .and i Future Land Use Classification Zoning District Existing Land Use uture and Use Classification Zoning District Existing Land Use Serving Florida Local Governtne is Since 1988 CHV Service staff Commercial CHV Mixed office /residential immediately to the south, and Golden Corral Restaurant Public Facilities PUB Public school 2 Staff Report Variance Request Applicant's Name: Simpson Farms, Inc. Petition No. 14 -001 -V Consistency with Required Standards and Findings Standards for Granting a Variance (Sec. 70- 374(b), page CD70 :20 in the LDRs): Applicants are required by Sec. 70- 374(b) to address the following issues in his /her presentation before the Board of Adjustment. The Applicant has provided responses in his Application to each of standards under this section. The Applicant's responses are presented below in Times Roman typeface, followed by Staff Comments in bold Arial typeface. 1. Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site (and not merely for economic reasons or the convenience of the applicant). "The Maximum Building coverage allowed in this CHV Zoning is 50 %, the existing restaurant building coverage is 13.5 %, less than the 50% allowed. Hardship to proposed expansion is caused by the physical dimensions of the parcel, which is 130 feet of street frontage. The parcel is 130 feet in a north to south dimension, and 300 feet parcel depth east to west, approx 2.5 times longer than the parcel frontage. It is therefore physically limiting to develop the restaurant use for covered open air seating without the Front Yard setback reduction from 20.0 feet to 10.0 feet." Staff Comment: There is no hardship. The fact that the current building coverage is Tess, even much less, than the allowable maximum has no bearing on the determination as to whether or not there is a hardship. The property is almost one acre in size; more than 6 1/2 times the minimum parcel size of 6,250 square feet for the CHV District. The fact that a large parcel is "L" shaped rather than a perfect rectangle does not constitute a hardship. Furthermore, the fact that the size and location of the existing structure prevents the owner from expanding to include an outdoor dining area, which is preference rather than a right, does not constitute a hardship. 2. Specify the minimum variance required including height, lot area, size of structure, size of yard, setback, buffer or open space. (Applicant should explain why the requested variance is the minimum necessary to overcome the hardship.) "The Applicant Use for this property is Restaurant / Lounge as allowed by Chapter 90— Zoning Division 8. Heavy Commercial (CHV) District Sec 90 -282 Permitted uses. The Applicant does have the site physical characteristics to add an Outdoor Dining area, consistent with City of Okeechobee Code of Ordinances Appendix D Central Business District Building Guidelines Resolution No. 98 -12, which encourages the use of Covered Courts appropriate to the south central Florida climate incorporating overhangs for shading, and provision for natural ventilation and air movement. Serving; Florida Local Govcrnmznis Since 1988 3 Staff Report Applicant's Name: Simpson Farms, Inc. Variance Request Petition No. 14 -001 -V The Applicant does ask to utilize, and follow, the guidelines of the Code of Ordinance, Resolution No.98 -12 in the final design, and building renovation, for the proposed Open Air Outdoor dining area expansion. The specific minimum variance necessary is 10.0 feet reduction in the 20.0 feet of the Front Yard Setback distance. A lesser variance, will by physical dimension, prohibit 'any building expansion', and a definite Hardship from the Property Owners perspective. The minimum Variance required to obtain floor area for Outdoor seating and dining requires a 10.0 feet reduction from the 20.0 feet of Front yard setback described in Chapter 90- 285(2). The proposed 1,364 square feet of open air outdoor dining area is a single story, covered wood truss roof system, with concrete columns supporting the roof, and aluminum handrails enclosing the covered structure. A 4" concrete floor slab is also proposed under the roof. The Total Parcel area is approx. 42,000 sq. feet. with 20.0 feet of front yard setback to the street right of way, abutting a 6.0 feet concrete sidewalk and an 8.0 foot bicycle lane running parallel to the edge of pavement in Parrott Avenue. The 10.0 feet setback reduction is the minimum necessary, as building expansion cannot be created in any other area of the project." Staff Comment: Central Business District Building Guidelines enacted under Resolution No. 98 -12, do encourage the use of covered courts and other characteristics of development considered conducive to a healthy and active Central Business District. However, these Guidelines are applicable to the CBD Zoning District, the closest part of which is located about four blocks to the north. It is not applicable to properties in the CHV District, which is the district in which the subject property is located. Again, the fact that the Applicant cannot expand the area of the existing building unless he receives a ten -foot variance does not constitute a hardship as defined in the Land Development Regulations. It may be an inconvenience, and even a severe impediment to the Applicant's wishes and economic feasibility, but it does not qualify as a hardship. Serving Florida Local l;r,ver"mems Sink 1988 4 Staff Report Variance Request Applicant's Name: Simpson Farms, Inc. Petition No. 14 -001 -V Findings Required for Granting a Variance (Sec. 70- 374(c), page CD70:20 & 21 in the LDRs). This section states the Board of Adjustment must find that the following six conditions exist. The Applicant has provided responses in his Application to each of the six required findings. The Applicant's responses are presented below in Times Roman typeface, followed by Staff Comments in bold Arial typeface. 1. Special conditions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. "That the existing Land Use is an existing Restaurant /Lounge, without any drive through or food pickup at building, with ability to expand restricted to a single area within the property ownership. Adjacent Parcels with same Land Use have a Floor area 30% larger than the structure involved." Staff Comment: The fact that an existing building was built at or near the minimum required setback, thereby preventing further expansion is not a special condition that is peculiar to the subject property. Other properties in the CHV and other zoning districts have been developed in one manner or another that prevents current and future owners from expanding existing buildings. The floor area of a structure that is achievable on a given parcel is primarily dependent upon the parking requirement associated with the use in the structure. The greater the parking requirement, the greater the amount of land required for parking and the Tess available for productive floor area. For example, a retail store requires only one quarter of the parking that a restaurant of the same size will require. Therefore, it is not surprising that other parcels in the same zoning district have a floor area greater than that of the subject parcel. However this is not a special condition or circumstance associated with the land or structure. Rather, it is the result of the owner's choice to operate a restaurant that results in smaller floor area than others in the same district. 2. The special conditions and circumstances do not result from actions of the applicant. "Applicant recently purchased property on 7 -17 -2014 in as is condition with 5670 S.F. total existing restaurant floor area, or 13.5% of total building coverage. The applicant requests Variance approval for 3.4% increase in building coverage." Staff Comment: The Applicant is not requesting a variance to the maximum allowable building coverage. He is asking for a variance to reduce the setback. If this request is Serving Florida Local ernmenis Since. 1988 5 Staff Report Applicant's Name: Simpson Farms, Inc. Variance Request Petition No. 14 -001 -V approved, his building coverage will increase. It is where he wishes to expand the building that is a problem, not the increase in coverage. 3. Literal interpretation and enforcement of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant. "Literal interpretation and enforcement of the LDC would deprive the applicant of Rights commonly enjoyed by other properties in the same zoning districts, and cause undue Hardship as: 'Outdoor Dining, public seating, and sidewalks abutting traffic lanes are existing at Flagler Park' along NW Park Avenue (SR 70) from US Hwy 441 (Parrott Avenue) East to NW /SE 7th Avenue. Multiple adjacent restaurants in the Zoning District cater and serve meals, which are hand carried across collector and local roadways to an outdoor dining area. Public seating is provided for patrons along with trash collection points." Staff Comment: The Applicant is mistaken. The areas he is referring to are located in the CBD District which extends from NW 8th Avenue to NE 3rd Avenue generally between NW /NE 2nd Street and SW /SE 2nd Street. There is no minimum front yard setback in the CBD district. If there are properties along SR 70 east of NE 3rd Avenue with front yard setbacks of less than 20 feet, they are the result of the widening of SR 70, not as a result of a development approval by the City. The right to a front yard setback of less than 20 feet is not one commonly enjoyed by other properties in the CHV District. 4. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. "A lesser variance, will by physical dimension, prohibit 'any building expansion', and a definite Hardship from the Property Owners perspective. The minimum Variance required to obtain floor area for Outdoor seating and dining requires a 10.0 feet reduction from the 20.0 feet of Front yard setback described in Chapter 90- 285(2)." Staff Comment: The size and location of the existing restaurant building already provides for reasonable use of the land and structure. We understand that the Applicant wishes to have a larger restaurant area by virtue of expanding closer to US 441; and, to do this S ry i n Florida Local Governments Since 1988 6 Staff Report Variance Request Applicant's Name: Simpson Farms, Inc. Petition No. 14 -001 -V he needs at least 10 feet to achieve his economic ends. However, the ten -foot variance is only the minimum necessary to achieve his ends, not to provide for a reasonable use of the land or the structure. 5. Granting the variance request will not confer on the applicant any special privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoning district. "If the Variance is granted, the 10.0 feet of remaining Front Yard setback exceeds the front yard setbacks of business and shops within this district." Staff Comment: While there are certainly some other structures in the CHV with front setback less than the required 20 feet, they are nonconforming structures. These are either very old structures built before the current requirements or structures the front yards of which have been reduced as a result of the multiple widening of US 441 or SR 70. The LDRs, in Section 70- 374(a)(3) specifically states that a variance shall not be "...granted because of the presence of other nonconforming structures or use in the zoning district or adjoining district." 6. Granting the variance will be compatible with the intent and purpose of the Land Development Code, and the variance will not be injurious to the neighborhood or detrimental to the public welfare. "Granting the Variance will provide compatibility with the Land Development Code and with the Code of Ordinances Chapter 90, Resolution 98 -12 Guidelines, which encourage the use of outdoor dining and open air seating in the overall building design. Granting the Variance will not be injurious or detrimental to the public welfare. Special provisions will be made to provide for patron safety and roadway geometry. Barriers protecting the structures will be proposed in this design." Staff Comment: As stated earlier, the Central Business District Building Guidelines, enacted under Resolution No. 98 -12, are not applicable in the CHV Zoning District and cannot serve as a basis for granting a variance in the CHV district. While safety should certainly be a concern if the variance were to be granted, the erection of barriers on the private property in no way overcome all of the other deficiencies with regard to meeting the requirements for granting a variance. .S l' rvi ng Rork. 1.00a1 1;OVe rfnlenls ince 1988 Staff Report Variance Request Applicant's Name: Simpson Farms, Inc. Petition No. 14 -001 -V Recommendation Based upon the foregoing analysis and findings, Staff recommends denial of the request for a variance to the minimum 20 -foot front yard setback to allow a ten -foot setback from US 441 on the property located at 608 South Parrott Avenue. Submitted by: Wm. F. Brisson, AICP Planning Consultant November 11, 2014 Board of Adjustment Hearing: November 20, 2014 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses lurkla Local (1;overnmenis Since 1988 8 Staff Report Variance Request Applicant's Name: Simpson Farms, Inc. Petition No. 14-001-V FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS I I Istil 1st'. I COMPREHENSIVE PLAN LAND USE SINGLE FAM:Le' 11111 mum FARLY COMMERCIAl_ INDUSTRIAL PUBLIC RESIDeITIAL MIXED USE Serting Florida 1.ttclif (;(■vernnsents Since 191.0; 221 G E-6t h-St 11E1Avi till E 11 1111 1111111 11 L 1 1 St. 9 Staff Report Applicant's Name: Simpson Farms, Inc. Variance Request Petition No. 14-001-V ZONING MAP SUBJECT SITE AND ENVIRONS MI 11 1 1 111111 ZONING Ca: - po"..:rsucT C,-n1 PAW! CC ROVERCIAL • LIGHT CGV?.'EftelAt. C?0 - C.Jr.0.4 PROFV.1CN.AL CPP!CE • ENG - 'AG4,2TRIAL • PUBLIC FACLITIEG • F suz-vixeo Rasio1P411AL f.t.iLTIPM.:;LY PVH - ff.:110,3!..tiT1AL MOIL ,V! P;PI - run -ft E.S1':`,ENtrIAL f;tSiGLE FAviLY :2) Serving Florida l_ocal Citn,•ernntents Since 198S 10 Staff Report Variance Request Applicant's Name: Simpson Farms, Inc. Petition No. 14 -001 -V AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES Sen ing Florida irx:rl r:narrnnrenrs Since t9SS 11 TO: Planning Board Members DATE: October 29, 2014 tXHld11 .L MEMORANDUM FROM: Attorney Cook SUBJECT: Recommendation on LDR Amendment No. 14- 002 -TA Medical Marijuana Regulations The Public Hearing item before you is to review, consider, and discuss a recommendation to the City Council that will regulate what zoning district or districts medical marijuana dispensaries will be permitted to operate within. Further, what, if any, types of additional regulations should be included. The information below will assist as a starting point on this issue. Review the definitions proposed, additional regulations for both areas of the zoning district and for special exception findings required, should it be agreed that the use be permitted by a special exception, and be prepared to offer input. I have asked City Staff to add and forward any information they may have on this topic for the Board to consider, as well as information from the Planning Staff. The subject will require each of you to do your research prior to the meeting, many municipalities have adopted similar regulations, and most of their information is available on the internet for viewing. The Code of Ordinances is available 24/7 via the City website, cityofokeechobee.com, As always you can contact myself, Clerk Gamiotea, Administrator Whitehall or Chief Davis with any questions. Proposed definitions to consider: 1. Office, Medical or Dental, means an establishment where patients, who are not lodged overnight, are admitted for examination or treatment by persons practicing any form of healing, or health related services, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrist, dentists, or any such professions; who adopt and perform a standard of practice similar to that described herein; the practice of which is lawful in the State of Florida, and who are licensed under F.S. Chapter 395, 400, 458, or applicable statutes. A marijuana dispensary, or medical marijuana treatment dispensary, or such other dispensary that does not qualify under this section, shall not be considered a medical or dental office. Current definitions in Code Book Section 66 -1: Office, medical, means an establishment providing human out - patient services by persons practicing health services, including acupuncturist, chiropodist, chiropractor, dentist, optician, optometrist, osteopath, physical therapist, physician, or any such lawful profession, but excludes masseur, in- patient hospital care and veterinarian. 2. Marijuana Dispensary, means an establishment where persons with appropriate prescription, approval or a recognized medical certificate from a health care professional as hereafter defined by the State of Florida, may purchase for medicinal purposes medical marijuana. 3. Authorized Standard of Practice, means it is determined by Amendment Two to the Florida Constitution that medical marijuana is beneficial for patients with chronic non - malignant pain, and at such time as the City adopts an ordinance that adopts the regulations issued by the State of Page 1 of 4 t XHI6 LT.JL. 9 s Florida on the issue, the standards of practice would include, but are not limited to, a complete medical history and physical examination be conducted and documented in the medical records prior to commencement of any medical marijuana distribution and /or treatment. The medical record would document the nature and intensity of the pain, current and past treatments for pain, underlying or coexisting diseases or conditions, the effect of the pain on physical and psychological function, a review of prior medical records, previous diagnostic studies, and history of alcohol and substance abuse. The medical record would also document the presence of one or more recognized medical indications for the use of a controlled substance. Prior to prescribing or dispensing medical marijuana, the patients records must include a diagnosis or prescription, or other authorized document, made within 60 days prior to the presentation of the patient at the office of the dispensary, by a licensed physician not practicing, or having any financial or ownership interest in the marijuana dispensary, or there exists a written referral for treatment by a Florida licensed physician not practicing, or having any financial or ownership interest in the dispensary, which was provided within 60 days prior to presentation of the patient at the dispensary. Be sure to review the various zoning districts we currently have, and their individual lists of permitted and special exception uses. The zoning map is also on the City website to review the locations of the districts. One option is to add Medical Marijuana Dispensaries as a Special Exception Use within the Heavy Commercial zoning, refer to Section 90 -283. Whichever zoning district is settled on for the recommendation, that section's "Additional Regulations" will need to be considered to amend by adding: All restrictions and regulations for medical marijuana dispensaries as set forth by Ordinance No. (to be determined), which pertain to Special Exception for such dispensaries, and all laws, and regulations on the use as enacted by Florida Law or Administrative Rule as hereafter adopted and amended. Should the Board agree to recommend that medical marijuana dispensaries be permitted by special exception use, it's further recommended that additional findings for the special exception be considered as well. Below is proposed language for consideration. Refer to Code Book Chapter 90, Article IV Supplementary District Regulations, Division 9 "Special Exception & Supplemental Use Regulations: 1. That for any such applicant who hereafter applies for a Land Use or Zoning change, and application for Business Tax Receipt to locate and establish a licensed facility that seeks to dispense medical marijuana, such application shall include not only the general information necessary for purposes of the Building Department and Department of General Services, but include proposed standards of practice for its patients as defined herein, in order for the City to determine whether the proposed business is indeed a legitimate entity. 2. When considering an application for pain management clinics and marijuana dispensaries /medical marijuana treatment centers, the Board must consider the Special Exception criteria listed below. The Board may deny the request, approve the request, or approve the request with conditions, based upon a review of these considerations. The Board may assign additional conditions and safeguards as deemed necessary. Page 2 of 4 L Hi 01l _J_. a. Whether the request will cause damage, hazard, nuisance or other detriment to persons or property. b. Any parking demand created by a pain management clinic or marijuana dispensary/medical marijuana treatment center shall not exceed the parking spaces located or allocated on site, as required by the City's parking regulations. An applicant shall be required to demonstrate that on -site traffic and parking attributable to the pain management clinic or marijuana dispensary/medical marijuana treatment center will be sufficient to accommodate traffic and parking demands generated by the pain management clinic or marijuana dispensary/medical marijuana treatment center, based upon a current traffic and parking study prepared by a certified professional. c. No pain management clinic or marijuana dispensary /medical marijuana treatment center shall be located within one thousand (1,000) feet of any school or church, or within two hundred (200) feet of any residentially zoned property, as further defined by these regulations. Distances shall be measured by drawing a straight line between the closest point of the pain management clinic or marijuana dispensary /medical marijuana treatment center structure (be it a building or leased space in a building) to the closest property line or edge of leased space (whichever is closer) of the school, church or residentially zoned property. d. Unlike pain management clinics, which are also permitted as Special Exceptions in other Commercial Zoning Districts, marijuana dispensaries /medical marijuana treatment centers shall be permitted as Special Exceptions in only the Commercial Zoning Districts throughout the City, as further defined and /or restricted by the paragraphs of this ordinance, and only through the Special Exception approval process required for the Board of Adjustment and Appeals. Also, no other business, aside or separate from the dispensing of marijuana, shall be permitted to be conducted from the same address where the marijuana dispensary/medical marijuana treatment center is located. e. Controlled Substances. The on -site sale, provision, or dispensing of marijuana is prohibited except as specifically authorized by either Federal or State law. The on -site cultivating and processing of marijuana shall be prohibited within the City limits. f. Loitering. A marijuana dispensary/medical marijuana treatment center shall provide adequate seating for its patients and business invitees. The marijuana dispensary /medical marijuana treatment center shall not direct or encourage any patient or business to stand, sit (including in a parked car), or gather or loiter outside of the building where the dispensary /center operations, including in any parking areas, sidewalks, rights -of -way, or neighboring properties for any period of time longer than reasonably required for patients to conduct their official business and depart. The marijuana dispensary /medical marijuana treatment center shall post conspicuous signs on at least three (3) sides of the building stating that no loitering is allowed on the property. g. Queuing of Vehicles. The marijuana dispensary /medical marijuana treatment center shall ensure that there is no queuing of vehicles in the rights -of -way. The marijuana dispensary /medical marijuana treatment center shall take all necessary and immediate steps to ensure compliance with this paragraph. Page 3 of 4 EXHIBIT .... h. No Drive - Through Service. No marijuana dispensary /medical marijuana treatment center shall have a drive - through or drive -in service aisle. All dispensing, payment for and receipt of said marijuana shall occur from within or inside the marijuana dispensary/medical marijuana treatment center. i. On -Site Consumption of Marijuana and /or Alcoholic Beverages. No consumption of marijuana or alcoholic beverages shall be allowed on the premises, including in the parking areas, sidewalks or rights -of -way. The marijuana dispensary/medical marijuana treatment center shall take all necessary and immediate steps to ensure compliance with this paragraph. k. Hours of Operation. Marijuana dispensaries /medical marijuana treatment centers shall only be allowed to operate between 7:00 A.M. and 7:00 P.M., Monday through Friday, and between 7:00 A.M. and 12:00 P.M. (Noon) on Saturdays and Sundays. I. Compliance with Other Laws. All marijuana dispensaries /medical marijuana treatment centers shall at all times be in compliance with all Federal and State regulations, and the City of Okeechobee Code of Ordinances and Land Development Regulations, as may be applicable and amended from time to time. m. Exemptions. Licensed pharmacies existing as of the effective date of the enactment of this ordinance shall be exempt from the requirements of this ordinance. All new licensed pharmacies thereafter shall be required to adhere to all of the guidelines and restrictions outlined and specified in this ordinance. Then, procedures for appealing, review the procedures outlined in Code Book Section 70 -371 for Administrative Appeals. Would this be sufficient, for the process, or should they be amended on this type of use only to appeal in this manner: That should the City deny issuance of a Land Use or Zoning change, and Business Tax Receipt for a facility that it considers a medical marijuana dispensary, such applicant may appeal the decision to the City Administrator. The Administrator shall review the applicants information, including standards of practice, to determine the nature of the proposed business, provide the applicant a meeting to discuss the issues, and render a decision as to whether the City has properly denied the application as a prohibited medical marijuana dispensary. Should the City Administrator affirm the decision to deny such application, the applicants remedy shall be by writ to the Circuit Court in and for the Nineteenth Judicial Circuit. AGENDA IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only, proposed Ordinance No. 1116, Amendment 2, Medical Marijuana - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1116 by title only. B. 2. a) Motion to adopt proposed Ordinance No. 1116. b) Public comments and discussion. NOVEMBER 18, 2014 - REGULAR MEETING - PAGE 6 OF 12 COUNCIL ACTION - DISCUSSION- VOTE MAYOR KIRK OPENED THE PUBLIC HEARING FOR ADOPTION AT 6:42 P.M. A motion and second was offered by Council Members Watford and Williams to read by title only, proposed Ordinance No. 1116, Amendment 2, Medical Marijuana. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1116 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING AMENDMENT 2, "MEDICAL MARIJUANA" ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEMBER 4, 2014; IT APPEARING THAT SHOULD THE MEASURE BE APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH VOTE AND ACTION OF THE LEGISLATURE OR STATE ADMINISTRATIVE AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR INANYMANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Williams and Watford, to adopt proposed Ordinance No. 1116. Mayor Kirk asked whether there were any comments from the public. There were none. The Council asked for direction since Constitutional Amendment No. 2 was not approved by the voters during the General Election. Attorney Cook advised Section Three should be deleted, but the remaining content is valid and will need to be in place should the State Legislature, in the 2015 session, adopt legislation to allow marijuana dispensaries, as is being speculated. Council Member Watford moved to amend proposed Ordinance No. 1116, deleting Section Three; seconded by Council Member Williams. AGENDA IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion for proposed Ordinance No. 1116 continued. c) Vote on motion CLOSE PUBLIC HEARING - Mayor. X. NEW BUSINESS. A. Motion to accept the Certificate of the Okeechobee County Canvassing Board for the 2014 Election Canvass Returns - City Clerk (Exhibit 3). NOVEMBER 18, 2014 - REGULAR MEETING - PAGE 7 OF 12 COUNCIL ACTION - DISCUSSION - VOTE KIRK - YEA WATFORD - YEA VOTE ON MOTION TO AMEND MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION To AMEND CARRIED. Mayor Kirk asked whether there were any further questions or comments. There were none. KIRK - YEA WATFORD - YEA VOTE ON MOTION AS AMENDED MAXWELL - YEA WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:50 P.M. O'CONNOR - YEA MOTION CARRIED As AMENDED. Prior to the motion being offered, City Clerk Gamiotea reported on the election procedures as provided in the Code of Ordinances and the Election Services Interlocal Agreement. The Election Canvassing Board comprising of County Judge Jerry Bryant, Board of County Commissioners Chairperson Frank Irby, Okeechobee County Supervisor of Elections Diane Hagan, County Attorney Laura McCall, and Clerk Gamiotea as the City's ex- officio, conducted six meetings that pertained to the General Election. On election day she accompanied Supervisor Hagan to conduct precinct inspections. The voters' registration books closed on October 6, 2014, and as of that date there were 2,747 voters registered within the City, an increase of 84 new voters from the 2012 Election. Voter turn -out was 48.3 percent for the City, slightly higher than the County's at 46.4 percent. The Certificate of the County Canvassing Board for the Non - Partisan 2014 Election Canvass Returns was signed on Friday, November 14, 2014. Everything went smoothly and the Conduct of Election Report was sent to the State Division of Elections reflecting: there were no equipment or software malfunctions; no election definition errors discovered after the logic and accuracy test; no ballot printing nor ballot supply problems; no staffing shortages or procedural violations by employees or precinct workers; no instances where the needs for staffing and equipment were insufficient to meet voters needs. Re- counts were not necessary to perform. The mandatory audit was performed on Monday, November 17. This is done by drawing a precinct number and name of a race from the hat. Precinct Eight and Chief Financial Officer race were chosen. The manual counts performed on this race in this precinct were the exact as the electronic tabulator.