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2015-05-2128 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 MAY 21, 2015 PAGE 1 OF 4 GEND CUSSI( I. CALL TO ORDER - Chairperson. Regular Meeting, May 21, 2015, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member William O'Brien 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 Planning Board /Board of Adjustment and Appeals Action for the April 16, 2015, regular meeting. Chairperson Hoover called the May 21, 2015, regular meeting to order at 6:03 p.m. Board Secretary Burnette called the roll: Present Present Present Present Present Absent (with consent) Present Present (moved to voting position) Present Absent (with consent) Present Present Member McCreary moved to dispense with the reading and approve the Summary of Board Action for the regular meeting of April 16, 2015; seconded by Member Batton. There was no discussion on this item. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT- ABSENT MCCREARY - YEA KEEFE - N/A O'BRIEN - N/A MOTION CARRIED. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. Unfinished Business item A was deferred to the next regular meeting. At this time, Chairperson Hoover moved Alternate Member Keefe to voting position. 1 i 1 1 MAY 21, 2015 - PLANNING BOARD - PAGE 2 OF 4 29 AGENDA CUSSIOP V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. A. Petition No. 15- 003 -SE, to allow a drive - through service within the Heavy Commercial Zoning District (Ref. Sec. 90 -283 (1)) for property located at 100 SE 10th Avenue, containing approximately 2.7 unplatted acres. The proposed use is for a drive - through restaurant (Exhibit 1). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 15- 003 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING (QUASI- JUDICIAL) AT 6:05 P.M. Special Exception Petition No. 15- 003 -SE, requesting to allow a drive - through service within the Heavy Commercial Zoning District (Ref. Sec. 90 -283 (1)) for property located at 100 Southeast 10th Avenue, containing approximately 2.7 unplatted acres. The proposed use is for a drive - through restaurant. This being a quasi - judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Bill Brisson, Senior Planner, LaRue Planning and Management,1375 Jackson Street, Suite 206, Fort Myers, Florida, and Mr. Carrol Word of 1080 Southeast 23' Street, Okeechobee, Florida. Chairperson Hoover yielded the floor to City Planning Consultant Brisson, who explained the matter before them is a Special Exception to allow drive - through service for a proposed 3,847 square foot fast food restaurant, create 49 jobs, and be opened from 9:30 a.m. to 11:30 p.m. This vacant parcel was recently the subject of a Future Land Use (FLU) Map Amendment No. 14-001-SSA to Commercial, and a Rezoning No. 14-001-R, to Heavy Commercial (CHV). This is the first phase of the development of the parcel. Phase two will be for a proposed 8,320 square foot retail development. Driveway access to and from Southeast 10th Avenue and North Park Street (State Road 70) will be shared. Planning Staffs recommendation for approval is based on two sets of criteria. One being the site's consistency with the current Land Development Regulations (LDR's), and the other, findings required to consider a Special Exception. Planning Staff's responses to the applicant's presentation on consistency with the LDR's are, the location and site are appropriate for a drive - through fast food restaurant, the property is located within the Commercial Corridor and is surrounded by nonresidential zoning and uses except for the mobile home park located immediately to the south. No specific design efforts are needed, no special visual screening is necessary for the northern, eastern, or western boundaries and should not be necessary between the water retention area and the mobile home park to the south. There should be no potential hazards, problems or public nuisances generated by the use, utilities are available, and specific requirements will be addressed during the site plan review. A traffic analysis was submitted showing the project will not have a significant impact upon traffic levels on North Park Street or at the intersection with Southeast 10th Avenue, although during The site plan review process, verification from a -affic engineer may needed that says the 125 foot separation between the entrance to the Popeyes Restaurant located to the west, and the main entrance to the subject parcel is adequate. In addition, verification that the traffic from the project site using Southeast 10th Avenue will not result in conflicts with the existing traffic on Southeast 10th Avenue. 30 V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. A. 2. Hear from Planning Staff for Petition No. 15- 003 -SE continued. 3. Hear from the Property Owner or Designee /Agent - Tracy Gibson. 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 the petition with /without special conditions. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. MAY 21, 2015 - PLANNING BOARD - PAGE 3 OF 4 DISCUSSION: Planning Staffs responses to the applicant's presentation on the required findings are, the proposed use is not contrary to the Comprehensive Plan. Drive - through service is specifically listed as a Special Exception use in the CHV Zoning District. The proposed use will not have an adverse effect on the public interest, provided the final site plan is deemed to provide for safe and convenient ingress and egress. The particular use requested is appropriate for the proposed location, compatible with adjacent uses and not detrimental to urbanizing land use patterns. The use is not believed to adversely affect property values or living conditions. It appears the conceptual site plan shown in the traffic report takes into consideration the mobile home park to the south by providing an adequate buffer from noise and lighting associated with the drive - through, dumpster and parking areas. The use will not create a density pattern that will overburden public facilities such as streets, schools, and utility services. The proposed use is not expected to significantly increase traffic congestion, traffic safety will not be compromised, flooding and drainage problems are not expected. Mr. Word was present to respond to questions. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the petition or visited the site. There were none. Board Member Baughman made a motion to approve Petition No. 15-003-SE, to allow a drive - through service within the Heavy Commercial Zoning District (Ref. Sec. 90 -283 (1)) for property located at 100 Southeast 10'h Avenue, containing approximately 2.7 unplatted acres for the proposed use of a drive - through restaurant, seconded by Board Member McCoy. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT- ABSENT MCCREARY - YEA KEEFE - YEA O'BRIEN - N/A MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:11 P.M. 1 MAY 21, 2015 - PLANNING BOARD - PAGE 4 OF 4 31 ENDI SION VI. UNFINISHED BUSINESS. A. Discuss potential Historic Preservation Regulations with Planning Staff (Exhibit 2). 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. / Dawn T. Hoover, Chairperson ATTEST: tl.attiw Patty M. Bufnette, Secretary Discussion regarding the potential Historic Preservation Regulations was deferred to the next regular meeting. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:12 p.m. 11120114 Page 1 of City of Okeechobee Planning Board AND Board of Adjustment City Hall, 55 SE 3`d Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes May 21, 2015 I. Call To Orden - Chairperson: Chair Hoover called the May 21, 2015, Regular Meeting to order at II. Chairperson Board Member Staff Attendance - Secretarv. ('.03 p.m. III. Minutes - Secretary. A. Board Member C felt moved to dispense with the readin and approve the Summary of Board Action for the Aril 16, 2015, regular meeting; seconded by Board Member 'L� Discussion: VOTE PRESENT ABSENT (W OR W/0 CONSENT) Chairperson Hoover ✓ ABSENT Vice Chairperson McCoy V HOOVER Board Member atton ✓ Board Member Baughman ✓ Board Member Brass ✓ ✓ Board Member Jonassaint / �/ Lo (loo .!), r 11.- Board Member McCreary ✓' BATTON Alternate Board Member Keefe ✓ (vtw.f 1-i) OA- eft -, f L Alternate Board Member O'Brien Planning Consultant Brisson, Senior Planner BAUGHMAN Board Attorney Cook V Board Secretary Burnette III. Minutes - Secretary. A. Board Member C felt moved to dispense with the readin and approve the Summary of Board Action for the Aril 16, 2015, regular meeting; seconded by Board Member 'L� Discussion: VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ McCOY ✓ BATTON ✓ BAUGHMAN ✓ BRASS ✓ JONASSAINT `/ McCREARY KEEFE O'BRIEN ` RFSIII TR. /CARRIFD DFNIFD /v 11120114 Page 2 of Z.) IV. Agenda - Chairperson. A. Chair littat ' asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. N t o t (1,11c-lor r i)re, il P I 1 l'' 1' Ctte ill I 6 tif,),in C), -FA vo e- V. CHAIR 1-0 ,65- OPENED THE PUBLIC HEARING (QUASI-JUDICIAL) AT P.M. A. Petition No. 15-003-SE, to allow a drive-through service within the Heavy Commercial Zoning District (Ref. Sec. 90- 283 (1)) for property located at 100 SE 10th Avenue, containing approximately 2.7 unplatted acres. The proposed use is for a drive-through restaurant (Exhibit 1). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 15-003-SE will be required to take an oath, respond, and give your full name and address). 1Yr I VVo(C1 2. Hear froni Planning Staff. f6t)(v, TIC r, Pluot've? flo 3. Hear frorh the Property Owner or Designee/Agent - Tracy Gibson. f\}C) 'Yr ,„ 'e k t IA 7.,t r' ) IC 11/20114 Page 3 of Z' 11120114 Page 4 of D 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a motion to approve or deny the petition with /without special conditions. Board Member i made a motion to approve /deny Petition No. 15- 003 -SE, to allow a drive - through service within the Heavy Commercial Zoning District (Ref. Sec. 90 -283 (1)) for property located at 100 SE 10th Avenue, containing approximately 2.7 unplatted acres for the proposed use of a drive - through restaurant, seconded by Board Member ti4 11120114 Page 5 of 2 b) Board discussion. i'd,c5 AL, c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ McCOY "/ BATTON / BAUGHMAN BRASS V JONASSAINT McCREARY KEEFE ✓ O'BRIEN ,--- RFSIII TS• iCARRIFII nFNIFn CLOSE PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. VI. UNFINISHED BUSINESS. A. Discuss potential Historic Preservation Regulations with Planning Staff (Exhibit 2). rl 11120114 Page 6 of 11120114 Page 7 of 11120114 Page 8 of VII. ADJOURN • Chairperson. 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 w /74,43- -t) 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 advertisemenLfor publication in the said newspaper. Sworn to and subscribed fore me this /C day of 2. O ( AD Katrina Elsken Notary Public, State of Florida at Large }sY n ANGIE BRIDGES �.: %•_�` MY COMMISSION # EE 177653 ii`. P EXPIRES: April 20, 2016 •' Bonded Thru Notary Public Underwriters PUBLIC CITY PLANNING /ADIUSIMENTBOARD MEETING .. NOTICE IS HEREBY GIVEN that the qty of Okeechobee Planning Board/Board of Adjustment (PB /BOA) will conduct a regular meeting on Thu, May 21 2015 at 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. The public is invited and en- couraged to attend. The agenda may be obtained from cityofokeecho- bee,com or by calling the General Services Office, 063- 763-3372 x218. ANY PERSON DECIDING TO APPEAL any decision made by the PB /BOA 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 PB/BOA in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be providedd tothe Board - Secretary for the qty's records. t+',„ q•. By: Chairperson Dawn Hoover 470990 ON 5/15/2015 INDEPENDENT NEWMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863 - 763 -3134 (to 114d STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on path says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee i County, Florida, that the attached copy of advertisement being a /%?,u. Z,c ; in the matter of 41 in the 1.9th Judicial District of the Circuit Court of Okeechobee County, Florida,!was published in said newspaper in the issues of 5%3, l3 /ao lS- Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 13 day of Notary Public, State of Florida at Large Katrina Elsken 3 �S AD Y Pi%' , ANGIE BRIDGES +• MY COMMISSION i EE 177653 'rinl EXPIRES: April 20, 2016 s• ? „"*.lcd9,1 Bonded Thru Notary Public Undeiwdters PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE IS HEREBY GIVEN that aQUASI- JUDICIAL PUBLIC HEAR- ING will be held before the City of Okeechobee Board of Adjustment on Thu May 21, 2015, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Chambers, Rio 200, Okeechobee, FL, to consider and receive Input on Special Exception Petition No. 15-003 -SE, submitted by Tracy Gibson, on behalf of property owner, CSW 13, LLC. The request is to allow a drive-through service within a Heavy Commercial Zoning District, Ref. Code Book Section 90- 283(1). The proposed use is for a restaurant. The Property consists of 2.73 unplatted acres, lasted at 100 SE 10th Ave. of Lind Legal: A parcel �I � pt g. part govern- ment In Section 22, Township 37 Smith, Range 35 East, Okeechobee County, Florida, being more partkulariy described as follows: Beginning at the intersection of the West right - of-way line of S.E. 10th Avenue (formerly Hancock Street) with the South right - of-way line of State Road 70, thence run West along said South ht-of way line of State Road 70 for a distance of 365 feet, more or to a point on the West Boundary line of Government Lot 2 M Se on 22, Township 37 South, Range 35 East, thence con South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest gomer,of a parcel of land desalted in O.R. Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East along the South boundary line of said par- cel of land described In O.R. Book 209 Page 451, for a dance of 365 feet more or less, to the West right-of-way line of S.E. 10th Avenue (formerly Hancock Street); thence run North along said West right-of -way line for a distance of 315 fee tt,, more or less, to the Point of Beginning. Being the same property desaibed In those certain Instruments recorded In O.R. BB0000kk 220099 P 451; O.R. Book 224, Page 733 and 0.R. Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. Less and Except that preps sublect to the Order of Taking M favor of Florida Power and ht Company recorded In 0.R. Book 391, Page 1874, of the Public rds of Okeechobee County, Florida. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8AM-4:30 PM, except for holidays. The public o encouraged to attend. The Board of Adjustment serves as the decision making body on this matter to approve or deny Special Exceptions. ANY PERSON DECIDING TO APPEAL any dedsion 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 ALt (ADA), any person with a disability as defined by the ADA, that needs special accommodation to partidpate 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 f thdocu a tic reveo, or Rem must be provded to the copy Secretary , p picture, bbyy Zoning Administrator Brian Whitehall, Petition No. 15- 003 -SE 470906 ON 5/3,13/2015 0 D m = D D Dm DC cr, )WDDW WWWW<C�D J _,„2 D m 0 `< 0 0 0 N N d a°i v COD. N 0 C D y a n> > n n n n n n 0 m w NI -' D-0 W X C) K Cn co E o 0° m m m m m a_�. v-3 0 p < cu n 0 s o m W W 0 0 0 0 3 .D S) z m CD coo 3 0 0 °- vvvc- co c o m m m. (D (Dig 0 ca coma,' m CD CD O cu 0 0 W co _.... _ =D 0 zxi in H S� D o` m a�i gm D v 0 c o o Z o o ° �' n 2= m D c� o = 0 0 in =, o 0 m m C7 co CO o CD CL CD o7 0 my o 3 m W 3° ° `< K 0, v 0_ C 5 c' O m °° ?-1. ° O n m ° D �< o m i D o m O . m a) v 5 ° N n . 0 CO O T 0 0 ? m a' ° = > c0 v °D = —' c n c m CD 07 m u° z 07 c a y * 0 D m o nip a) m � 0 m? r m m ~ M CIO cn co 3 0-* 0 3 o o Z_ CD o -{ -'< .° = = 0 m -a Z °> a a a/ 3 G) o G) `D cn `D '< su o ? = vi W C7 0 CO o. n o co a°, `� �� c a = a o �, 73 al a 0' CT 0 3 ' w 0 m o m M < d ° = .< v • s o n N pp C 0 • co < O P) CD C D in- a. OCD o_. v 0 0 Cif iI ° 0 0 v CD mcn ' 0 -n > m 0 3 ° n v m a m L Ci D c = " .Zr..) CO C r 0 0 5D > —I m Z m co CP ° n m s 3 n co a) G) c r m m z G) MAY 21, 2015 - PB /BOA AGENDA - PAGE 2 OF 2 a" m vi a) O -0 .0 co O U CO m N "U _o a) N O O. N .+ Ja .00 X JD co m O 3 (1) C 0) U0 0 C D ._ C RS m a) c m 0 m N d -0 N O y C N 0 L Q � Lc 0 O E. m L 5 .� .e 0) W C ADJOURN - Chairperson. 0 m 0o m a 'E x P " a a c E )w .2 Ems, Ea y £ .0aa)) cu ti > o a0i (0 a_ 0. °' E) o i) • N o U w W N N a) N U a O V .o S a O a ) G '- 2 7 c a o tib) 0 U _ G 0. 7 e o U y o N ,y GO E a) O w a) C O. 'GO y Ry a) a > c ' Q > 0a o l0 o. • E t a m 't 0. ° 0 o a) `o 0 W y a) h'G0., G 0 U `� m G E Il rn m E o a) a) m w E E m o m E m 3> E o F m � . aa)) m C. o o m y V) 03 o gem m 0 . '..GG0. 3 N G `0)m o =00 Q.. m d 0 N 0 O. h'0 ms `O Q. a ani o Gao • 3 d O y a N N y E a) n Cr, E o E :G jy o o 3 N U G E m° _y N C ,O� r a M -o `m ` o � CO c o 0 "' c :00 co c 3 ^ 0 > a a c _ C m O OS G 1 `O a ai G m 0 a m c h c W a) U m 0 j 0 a c w c E a m E a�i E 0 0 Uar, G N 1.1., -c a) O. e'E' a° 0..o.,�o CO U o ›. ° y Q h 3 y 0 Iu:t O y y p 9 p CO y a C N zr, U')GE 0. -Ca C y 3 c y a a) Q c y o U 0 m s lE O a) v o O .G c o 4) a) m G .0 1_ a a A o .z o Z o¢ ^ 6. G m rn rn p c o a m m U ,co m Z m a� 3 ai p o E y o '� 0 Z a) oG m E flfl 13 o o y m . c o m Z o m a) amc3 as ewso City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863)763-3372, ext. 218 Fax (863) 763 -1686 Date: Li- R -15 Petition No. 15-003_ SE Exhibit 1 Fee Paid :5$ISOb Clio O- rc11g0 risdiction: -BOA 2nd Hearing: 1st Hearing: 5 a i -15, Publication Dates: 58 _) //I Notices Mailed: 5- % -15 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of 2 3 property owner(s): C rro ` ward (ppart.6 Owner mailing address: j (}g13 ay & 8+- oge_a_chhioe.f a 3 L 97 44 Name of 4 applicant(s) if other than owner --7 -U c C 10kSoyr -1 mailing address: 'C L� ; �( mb.i.. �h� -W� .f, 64 X33 dress: ' neX�- -burn � cC �m�c,a Ia�m Applicant E -mail ad * 5 6 7 8 Name of contact person (state relationship): l Y G a l n ( Jf ) Contact person daytime phone(s): (G10%0 (e & g -C `4_ PROPERTY INFORMATION Property address /directions to property: 1 , ) 0 . dtacicee_ , CL 8 IC? `7Li Describe current use of property: N6-1-- be-1 rA3 tkScA 9 10 11 Describe', improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. vacarrl- Source oil potable water: Cu pc Method of sewage disposal: 1.1 A Approx. creage: -7 Is property in a platted subdivision? ,40 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: CLYe., nC) vi vl an5 O .cilei-, 5 12 13 Is a pending sale of the property subject to this application being granted? its Describe uses on adjoining property to the North: North: VC( Ccc/AA- South: re si d.tvv4- o 14 Existing zoning: East: c j 1Mrre.„ uo. s1 -fQS-� C1 CQ West:C ►r,Y,-,eetIza.k _CL, ` 1„pi Ce X rk' 63 efuis Future Land Use classification: �.ovrr,,�' 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? ( )No ( ‘/)Yes. If yes provide date, petition number and naturepf approval. 16 Request is for: ( ) Rezone ( ) 'Special Exception ( ) Variance ' . 17 Parcel Identification Number: a- a a- 3 r7 35 -0/1 OD -Qa) i . -6000 IS)&-- -� L" use- Mao 4 ti, Ar'ei 4''�}-', cL {YcNn 5 t ag ie. Farm 1 ti CSF) -t-b CDwImer`r D,1 '÷7.1Re t n( a p Cal rw . 14001- R (Rev 3/5/15 p 6Y1 n4,• 14-coj ss4,c , Cc) cps 31201121 - N T 144 tko-w -cam„ CCNv) afrvtweel o,•) P.cs +de t- at sititelaitc f-b *mu) i3 /J0' l4 cu-u'L I is //i Page 1 of 11 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date 1/46i.j C ihSorn 4/W l5 For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 3/5/15) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: Pcm -c..AAS ind Spit .i OTC/ a resieu, c� 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 11 j1--) 1/ 2 (See_ al-W.4%4,01 21 Notarized letter of consent from property owner (if applicant is different from property owner) j j l A 22 Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date 1/46i.j C ihSorn 4/W l5 For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 3/5/15) Page 2 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: CI 0- 7,5 3 ( i) l.,_ Sorcrt C:e_ B Are there similar uses in the area? No (V) Yes If yes, briefly describe them: 11-4- o■.rect_ we-E+ oC -Wt_ Si ha.S d.ri t +hiriA servi Ge_ . 1- 1,t_2, jo►rcl -I-cra_ is Pc) e_s. C If a busines$, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: leS ..-c uv ic.I� % V bc-v 6C -- �- 4 -noloc c (..d.', LI 1 Ir is i inc_ LS 1 S 0, - 1- 0-Fra_ 4I -r kt.. hours o - oprnr�;i or ul 1( be °t 3o'►- t t :oo f+n • TIA-e_ A r e- not- a n CC,- vt%c s -tv be wex d,ti.ckcd n 1 71-st - bk.i L irtc . D Attach a Tr lffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception of proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary . STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:19] Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening i$ necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (Rev 3/5/15) Page 8 of 11 STANDARDS FOR GRANTING A SPECIAL EXCEPTION - Sec 70- 373(b), LDR page CD70:19 1. Demonstrate that the proposed location and site are appropriate for the use. The proposed location is Heavy Commercial (CHV). Per Okeechobee's Code of Ordinances, drive thru service is authorized as a special exception in the CHV zoning district. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. No special design efforts are needed. The site is compatible with adjacent uses. The property (Popeyes) east of the site has drive thru service. The proposed building material (EIFS) has been discussed and approved by Jeffery Newell, CBO. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. No visual screening is necessary. The use does not create a nuisance or hazard to adjacent uses. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generate by the use; or explain how the nature of the use creates no such potential problems. The proposed drive thru use does not create any potential hazards, problems or public nuisance. It will not have adverse effect on the public interest. The site will provide a new and different restaurant option. It will employ local residents and favorably impact property values. This development will not deter the development of adjacent properties. 5. Demonstrate how the utilities and other service requirements of the use can be met. Per discussions with the appropriate contacts (Le. John Hayford - Okeechobee Utility Association, Stephanie Mitrione - Florida Power & Light, Bill), utilities and service requirements of the use can be met. Phone /Internet services will be obtained from Florida WPB or Century Link. We are working with Bill McGoldrick (Florida Public Utilities Co.) to get natural gas installed at the location. If we are not able to connect to Okeechobee's new natural gas system, we will utilize propane from Glades Gas. 6. Demonstrate how the impact of traffic generated will be handled, offsite and on site. The entrance /exit for the site and offsite improvements have been discussed with Mark Clark, Access Management Specialist - FDOT. The onsite entrance /exit are being constructed based on state and city guidelines /requirements as steps to mitigate any potential', traffic congestion. The parcel as a whole has sufficient frontage on SR 70 for one driveway that would provide ingress and egress access to SR 70. The parcel is being split and will have one driveway designed to provide access for both new parcels via a cross access easement. The driveway spacing will be 125' which is adequate spacing between both of the adjacent driveways at Popeyes and SE 10th Ave. Traffic impacts for this site will be reviewed to determine if offsite improvements will be necessay. If the site generates enough traffic in the peak hour, a lane will be designed per Standard Index 301 using a design speed of 45 mph, and have a total deceleration length of' 185 feet. FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an adverse effect on the public interest. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (Rev 3/5/15) Page 9 of 11 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(c), LDR pages 19 &20] 1. 'the use is not contrary to the comprehensive plan. It will be favorable for the general welfare of the community and consistent with the public interest. The citizens and taxpayers Will not have to bear the costs resulting from this use. There will not be haphazard development. Development will be of lasting quality and repairs and replacements will occur in a timely manner when needed. Discussions have occurred regarding utilities and the adequate and necessary sources are available and will be installed. 2. The use is specifically authorized as a special exception use in the zoning district. Per City's Code of Ordinance Sec. 90 -283, drive thru service is a special exception permitted in the CHV district. 3. The use will not have an adverse effect on the public interest. The use will improve the ity's economy and increase employment. The site will employ 49 employees and provide a new restaurant option that is currently not available in the City. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The use is comparable to the site west of the location. The site referenced is Popeyes. This site has drive thru service. The use will not be detrimental to urbanizing land use patterns. 5. The use will not adversely affect property values or living conditions. Property values and living conditions will be favorable when the restaurant is in operation. The site does not deter development of the adjacent property. Development plans east of the property are in discussion and underway. 6. The use should not require screening from surrounding uses. The use does not result in any nuisance or hazard to adjacent uses. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The use does not result in overcrowding or an undue concentration of population. The plan complies with guidance and requirements provided by the state and city to ensure the best traffic control is implemented. To ensure proper flood control and drainage, there will be an onsite retention pond. City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): 35 W. 13 (J--C Mailing Addre$s: 1 080 .SE 0?3 rd 51re.th D K)e-ech 6 .bee 1 c_. 34t7 - Home Telephone: Work: Cell: Co 10 - OQ 9 t0 Property Address: / 03 SE (uth A ve r tce_ Parcel ID Nurrl ber: o� - a a,-- 37 -35 OAO° - 00O I 1 _0000 I. Name of AppliOnt: TrcLQ_ j `6 t 10 son Home Telephone: Work: Cell: 464- I- - (0(08-8(),107 The undersigned, applicant stated land use of said or variances, and restrictions mayi may result in th0 classification. This effective upon receipt being the record title owner(s) of the real property described above, do hereby grant unto the above the full right and power of attorney to make application to the City of Okeechobee to change the property. This land use change may include rezoning of the property, the granting of special exception appeals of decisions of the Planning Department. It is understood that conditions, limitations and 'be place upon the use or operation of the property. Misstatements upon application or in any hearing termination of any special exception or variance and a proceeding to rezone the property to the original power of attorney may be terminated only by a written and notarized statement of such termination by the Planning Department. IN WIT SS DAY OF nn THEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS —1 I 2015: i1,/,-/ Yl G✓ 1 ___ OWNER / WITNESS Before me the undersigned acknowledged power of attorney Notary Public: Expires: OWNER WITNESS authority personally appeared the owner(s) named above who upon being duly sworn before me that they are the owner(s) of the real property described above and that they executed the for the purpose stated therein. Sworn and subscribed this 9 day of Aril 1 20 15 Pr/ • BM-net SEAL .10 W Notary Public State of Florida 10'o"j / 11s : Patty M Burnette ACommission '1 My Commission EE 218356 (Rev 09/14) Page 5 of 11 Petition No. 15-1)03_ S E Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of NOY ( 1 Q., , o2 D 15 and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this day of Aiort I , "D_-e) I S . ra '-i (tp ifF_; Signature of ik plicant Date Name of Appfidant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this Oa day of / rl / , c-20 . Personally known to me or produced /I �/1 ye" f`- coisras identification and did not take an oath. TN ary P : • Iic, State of Florida MARQUITi A SHEATS NOTARY PUBLIC Gwinnett County - State of GeorA I: My Comm: fenpirse dune 22, 2015 (Rev 3/5/15) Page 3 of 11 Prepared by and return to: William J. Gardner, PA 7280 W Palmetto Park Rd Suite 208N Boca Raton, FL 33433 File Number: 10644 MMR123726 Will Call 4o.: 41-610 11111111111111111111111111111111 1111 1111 FILE NUM 2014000234 OR BK 741 PG 1S2 SHARON ROBERTSON, CLERK Of CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 01/09 /2014 01:13:29 PM AMT $278,910.00 RECORDING FEES $27.1)0 DEED DOC: t•1= -1553.00 RECORDED BY 11 P i non Pss 152 - 1541 (3 ass) Consideration: $278.910.00 Case No.11- 60033- CR- COOKE(s) (Space Above This Line For Recording Dalai United States Special Warranty Deed This In enture, made this 077day of November, 2013, between UNITED STATES OF AMERICA, whose post offic address is c/o Matt Martin Real Estate Management, LLC, 2801 Network Boulevard, Suite 500, Frisco, Texas, 70534, tor, having divested title pursuant to and in accordance with the terms of the Final Order of Forfeiture entered on the 24th day of August, 2012, by the United States District Court for the Southern District of Florida, and filed January 28, 2013 in Records Book 725, Page 531 and, Official Records Book 725, Page 542, Public Records of Okeechobee County, Florida, the case of UNITED STATES OF AMERICA v. Vincent Colangelo ,and United States of America v Rachel Bass CasC No.11- 60033- CR- COOKE(S) and CSW 13, L.L.C., a Florida Limited Liability Company whose po$t office address is: 805 SE 3rd Court, Okeechobee, Florida 34974, grantee: (Whenever t$ed herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of Individuals, and the successols and assigns of corporations, trusts and trustees) Witneseth, that said grantor, for and in consideration of the sum TEN AND NO /100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit: A parcel of land lying in and comprising a part of government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S. E. 10th Avenue (formerly Hancock Street) with the South right - of-way line of State Road 70, thence run West along said South right-of-Way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest corner of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the West right - of-way line of S. E. 10th Avenue (formerly Hancock Street); thence run North along said West right -of -way line for a distance of 315 feet, more or less, to the Point of Beginning. (Being the same--- property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in the - Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Processed C &M: 2/10115 DoubleTime" Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, Florida. Tax Folio No. 2- 22- 37- 35 -0A00- 00011 -0000 SUBJECT TO: 1. Zoning and other governmental rules, regulations and ordinances. 2. Restrictions, covenants, conditions, easements and other matters of record. 3. Taxes and assessments subsequent to December 31, 2014. Together with all the•teiiements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants to specially warrant title to the property hereby conveyed against any claim or action arising for the federal case styled United States of America v. Vincent Colangelo and Rachel Bass, Case No. 11- 60033 -CR COOKE(s), _ decided in the United States District Court for the Southern District of Florida, the Final Order of Forfeiture dated August 24, 2012 and as and recorded January 28, 2013 in Official Records Book 725, Page 531 and Official Records Book 725, Page 542, Public Records of Okeechobee County, Florida. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land only, and not any mobile homes, if any, and will defend the same against the lawful claims of all persons claiming by, through or under the grantors. In Witness Thereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: Special Warranty Deed - Page 2 UNITED STATES O ' AME ' CA /.s —(d By' r-Yhcl4 n 1I yvQ euEc�C�� CORPORATE SEAL Case No.11- 60033 -CR COOKE(s) Asset Forfeiture Unit Processed C&M: S/15eTime°D State of ,.`.'J Glo ycA., )SS County of ` 11 clann.t. - d-d-c- ) Before me, Ithe undersigned authority , this 62.0 day of , .ee , 2013, personally appeared, ,'4-,J 5 e..14 P1 . J 1 T e"iLi , as the paver-al Mew yt..z bs; _ on behalf of United States of America, h$ifshe acknowledged to me that he/she executed the foregoing it strument for the purposes and consideration therein expressed. He/She is personally known to me Seal: ,r ifrIt ANNA PEREZ•OIUUAM NotNy Public - Slots of Flodda •E My Comm. Eoplra Oct 9.2017 Commission N FF 011455 _ al NOM Special Warranty Deed - Page 3 Notary Public State of My Commission Expires: Processed C &M: 2/10/15 DoubleTlme01 300 FEET SURROUNDING PROPERTY OWNERS w O O U a N N w 2 Z 0 ADDRESS 2 N M w CC 0 O cc N w CC 0 H O F w 2 ccz zi w z 0 v(0010Vr0000 (O (O'0 O) N o 7 0 0(t0�0(0(MO10 M '1100')(0(y(00 ,-NN 0))'.00) V Or0)) J J J J¢ W J LL 4. LL LL (7 JELL 2 ' Q 0 i�11 mW�W¢O W o MI o0i0 M g 0 ZS,S }(j¢ W ZS �.�.w�go aa 2 LU U- J J_J S W 0 ) '00)m¢sa0 0 0 0 w w co a 0 0 Z 0 J z ¢ O J 7 DT) Cr ll 000000000 O 00 0 00000 t0 o 00'9 ¢ ¢ 0 00 O 9 O0'- O M 0000 O qq 0 0 0 0 0 0 0 O 0'0 0 0 0 0 0 0 909999999 000000000 N 1�N4)y 00 O O 003M O. ¢ ¢ ¢ ¢ ¢ N N O 0 0 0 0 0 0 0 882222 N N N r N N N N r M (+).N N N N N CD CD OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. "BILL" SHERMAN, PROPERTY APPRAISER 1 (CIS /MAPPING DEPARTMENT 1(1(1 FT SURROUNDING OWNERS ROYALS 0 K LUNCH INC UNITED STATES POSTAL SERVICE Drawn By: RU55 DUNCAN CFE, AGRICULTURE / MAPPER Date: 4/2/2015 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON NO /!d /8.2530 0 A3A2fS Oda AavaNnoe co =83ewfN ON /MYNO m 10 0 co 1 '(�i A gn8 g• i EO �1N 5 4 R.2cnn.°.wEo2 R {7;T ig gR >6, g gran '�e ; �N n cferingR & ao Y.p ^3 4.. 4.oi a 0 2�i4 naP .F.;, ao vi T4 uR+�3'S^ (.)° AM9'3R O'1 Sgo8 .7c "g RX ;X"�xn m z Q 0 N 2- g5oa„•;g 1 A 2 •T =rtg'�+5`gaaa cN a$• 27i3zE taa a9 B7 7315-2111 all ar r k fig. 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Z 2 rg V Z k. 2 , � � :1 `;'(1 v � S n ° O � �� = a 2o n, 2 13 00 ^1 ti (n O (n 0 -c Zia io°� �~o o� o rn 'n "C "1 � ij ▪ "1 ^ 2 \- CD cZO cna2 a i >0ro o yea ono y ao rh ^iZN 2�ti ^oi . ° °^"1i a p2129 °�(1) o p ^7 C) m D3 N1 t 0 n 0 1O 1I -O "1 hl co a�12n c �� :(nh z hi °2 02 (n. .^01 1211 --I 1°1 PI c2)��yo i po2anol -(pl c =°otn p c n� ° ou1c„COO, o2ti^ rn4' ��"4 o Co Z�a^l0000 a"�tio� rn 2 C,VVt~ 0 m,p�` 2aA;Ii °1Z0��01n° n R- o i I+12 aa aac„2 ��°�y"1io.lnio11��OO�nnN0)``cc !io Oti~C��lp02b 2oa�ZO��'202°a -'1 ID e��y^�io�� °ern �"'p(,, N 1. Iv 1. 1�^� Zo2'" �`"a y0'2'1 -t.In�OZ 011 c) 'SE' n ,„G, �\. wa^o2 rCpaZ °tiMcnyCno�� poz4,�oZn aZ�o��o�a . C�Za° aC°(1j0 °n�CCti • 0: oru`)'A..2�00^2,�'N Z� a 000 N 03 O(C"o^�i�i 21ii2��O�� ~ NI a n�.. Orn °a11O' 00 C "1� 1p'1pcjo��al2c3 Z)"ta1 Z 1. a��12+1'�c�jC� CO�O �ti ^or,c) �o�°� Z� Z 002 600' SOUTH 3 (BEARING BASE) 15'10) S 00 °19'21" E 314.135')M) \k. 'n ^gg 5:n o5 $$$ R= avR 4 g R5Eg g6 P ^sZ P8E Uac •0 1~"p 1'l 1(1 1 Id N 1+ 0 Y (.P.k L AER1A1. (05(0011 (0.0.0. 301. P0. 187,)' 18' f.P.k L 00SIRUCIION k NAINIENANCE EASENENI (0.0.8. 301, P0. 1870) 2 2 01 N 00 °22'06" W 303.01 cm) 0(0 00 0117130 —� Fig —� SE 10TH AVENUE (ASPHALT 3000) M' Gm I SUSAN E. O'ROURKE, P.E., Inc. Traffic Engineering, Transportation Planning TRAFFIC ANALYSIS FOR 10TH AVENUE RESTAURANT AND RETAIL Prepared for: Ms. Tracy Gibson Tracy Neely, LLC 1943 Ridgemont Lane Decatur, GA 30033 Prepared by: Susan E. O'Rourke, P.E., Inc. 969 SE Federal Highway, Suite 402 Stuart, Florida 34994 (772) 781 -7918 April 6, 2015 OR15041.0 Prepared by: Susan E. O'Rourke, P.E., Inc. Certificate of Authorization: #26869 969 SE Federal Highway, Ste. 402 Stuart, Florida 34994 772 - 781 -7918 Professions ngineer , etAAG uusan E. O'Rourke, P.E. Date signed and sealed: 4/6/15 License #: 42684 969 SE Federal Highway Suite 402 Stuart, FL 34994 772.781.7918 SEORourke @comcast.net SUSAN E. O'ROURKE, P.E., Inc. Traffic Engineering, Transportation Planning April 6, 2015 Tracy Neely, LLC 1943 Ridgemont Lane Decatur, GA 30033 Re: 10th Avenue Restaurant and Retail Dear Ms. Gibson: Susan E. O'Rourke, P.E., Inc. has completed the traffic analysis of the proposed project to be located on SE 10th Avenue and SR 70 in Okeechobee, Florida. The steps in the analysis and the ensuing results are presented herein. It has been a pleasure working with you. If you have any questions or comments, please give me a call. Respectfully submitted, SUSAN E. O'ROURKE, P.E. INC. Susan E. O'Rourke, P.E. Registered Civil Engineer — Traffic c4.o.10th Ave Restaurant and Retail 969 SE Federal Highway Suite 402 Stuart, FL 34994 772.781.7918 SEORourke@comcast.net TABLE OF CONTENTS INTRODUCTION PROJECT bESCRIPTION ROADWAY CONDITIONS PROJECT TRAFFIC PROJECT DISTRIBUTION/ ASSIGNMENT/ IMPACT FUTURE TRAFFIC INTERSECTION ANAYISIS DRIVEWAY VOLUMES CONCLUSION TABLES 1 1 3 3 5 5 5 10 10 TABLE 1: Trip Generation 4 TABLE 2: Project Significance 7 TABLE 3: (ink Analysis — 2017 8 FIGURES FIGURE 1 #, Project Location 2 FIGURE 2 }' Project Assignment 6 FIGURE 3 Turning Movements at SR 70 and 10th Avenue 9 APPENDICES APPENDIX A Site Plan APPENDIX B Transportation Data APPENDIX C Intersection Analysis /Driveway volumes INTRODUCTION Susan E. O'Rourke, P.E., Inc. was retained to prepare a traffic analysis for the proposed project being submitted to the City of Okeechobee. The project is located on the south side of SR 70 and the west side of SE 10th Avenue in Okeechobee County. The purpose of this report is to determine the impact on the surrounding roadway system associated with the proposed project. The following components were addressed: • Project description • existing roadway conditions • Project Trip Generation • Project Significance • 2017 Link Analysis • Intersection Analysis Each of these components is outlined herein. PROJECT DESCRIPTION The 10th Avenue Restaurant and Retail is a development consisting of 3,847 square feet of fast food restaurant with a drive -thru and 8,320 square feet of retail development. The project will have access through project driveways located on SR 70 and SE 10th Avenue. The project location is shown in Figure 1. Appendix A contains the site plan. 1 State Road 70 Q Project Location 0 w N Figure Project Location North not to scale 10th Ave Restaurant and Retail c4.o.10th Ave Restaurant and Retail Proj Location 2 ROADWAY CONDITIONS The study area roadways were defined in terms of existing lane geometrics. Existing Lane Geometrics The study area was reviewed to determine the existing number and type of lanes along the roadway. Each roadway is described below. SR 70 is a four lane divided highway with a general east /west alignment. US Highway 441 is a four -lane divided state highway from SR 70 to NW 36th Street. From 36th Street to the County line, it is a two -lane state highway. There are several different capacities assigned to the roadway. US 441 has a north /south alignment. SE 10th Avenue is a two -lane north /south collector roadway that intersects SR 70. Existing Traffic Existing traffic was taken from the FDOT 2013 data on the FDOT website. Additional data was taken from the 2011 EAR based Amendments and used to calculate the growth rate. These data sheets are provided in Appendix B. PROJECT TRAFFIC To estimate traffic generated by the proposed 10th Avenue Restaurant and Retail, the ITE Trip Generation, 9th Edition trip rates were applied. These calculations provide an estimate of the typical generation. Trip generation for the project is shown in Table 1. As shown, the project will generate 110 AM peak hour trips and 138 PM peak hour trips. There will be 59 trips entering the project and 51 trips exiting the project in the AM and 69 trips entering the project and 69 trips leaving the project in the PM peak hour. 3 Trip Generation Table 1- Daily Daily Net Trips W F00 O V1 ON tel 7 o= O h 4 i■ v N a eV C N 00 M ON Pass -by Trips 34% 0 O h ON hV N Q en Gross Trips 74 F ON - ON O.-. N 00 (NI en M O O rn 00 00 eV ON C000 n. VI NO h ON 0 O b Directional Split t O = O .0 ion e ion 0 v — O r 0 h 0 h 0 .0\. -, h O 0 F of 1 7 1 C 1 W Equation Ln(T)= .65Ln(x) +5.83 j T= 496.12(x) T= 45.42(x) P Units SF on SF I H C w I 0 1 Square Feet 8,320 3,847 3,847 Land Use Code Land Use Code 820 934 934 Description Description Retail Fast Food w/ Drive Thru Fast Food w/ Drive Thru Total Source: RE 9th Edition Trip Generation Rates Note: Pass -by rates based ITE 9th Edition Pau -by Rates Net AM Tri .s F N CO O a. o M v Nn - ... M h Pass -by Trips 34% e O h N ... 000 0 ON a Z E- M h ON N Gross O ON "' 00 ON C000 n. N 0 0 ^, 4. C. 2 ¢ 0 O 0 i. Q = O 0 M 0 v O r 0 N so 0 .0\. -, h Equation Ln(T)= .61Ln(x) +2.24 T= 45.42(x) Units w 0 SF Square Feet 0 N M 00 3,847 Land Use Code O N 00 934 Description Q~ Fast Food w/ Drive Thru Total 4 a H Net PM Trips r Fe•-• 'o CO '"' t O M CC M ON 0 PM '0 M b Pass -by Trips 34% 0 O v7 00 M M NO O Q. Z E- - — N M N Gross Tri = O ON "' o NO 0 r, ..�.. et Ve1 b N p, cn 0 0 0 .. A 3 O 0 h 0 O _ 00 v N v1 = 0 F ¢ 7 C W Ln(T)= .67Ln(x) +3.31 T= 32.65(x) 0 a O 00 Di Square Feet 0 N M., 3,847 Land Use Code 820 934 0 0 0 A Q~ Fast Food w/ Drive Thru Total Source: RE 9th Edition Trip Generation Rates Note: Pass -by rates based ITE 9th Edition Pass -by Rates C4.o. Trip Generation I Oth Ave Restaurant and Retail PROJECT DISTRIBUTION / ASSIGNMENT/ IMPACT The project traffic was distributed by general geographic direction and then assigned to the roadway network. Distribution /Assignment — This general distribution led to an assignment of trips based on the anticipated ultimate destinations and the roadway paths used to reach those destinations. Figure 2 shows the project assignment. As shown 60% travel west and 30% travel east on SR 70 with 10% traveling south on SE 10th Avenue. Project Impact — Table 2 summarizes the project impact as a percent of service volume capacity. As shown, there are no links with a 3% or greater impact. FUTURE TRAFFIC Although no links require analysis SR 70 is shown for informational purposes. The project is expected to build out in 2017. To estimate future 2017 volumes on the links on SR -70 the existing (2013) traffic volumes were increased to existing 2017 volumes by a growth rate of 1% per year. Although calculations show negative growth, a 1% growth rate was used in this case. The 2013 Average Annual Daily traffic volumes were factored by the published "K" factor to estimate the 2013 peak hour two way volumes. The growth rate was then applied to estimate the 2017 peak hour two way volumes. The project traffic was then added to the grown volumes to estimate the 2017 Total Traffic volumes. The total traffic volumes were then compared to the acceptable threshold. Tables 3a and 3b show the volumes and level of service for SR 70 with and without the project traffic added during the AM and PM peak hours, respectively. SR 70 will operate at level of service C. INTERSECTION ANALYSIS The intersection of SR 70 and SE 10th Avenue was analyzed for the AM and PM peak hours for 2017. Counts were made in 2013 and grown 1% per year to 2017. The traffic entering and exiting 10th Avenue was taken from 2013 FDOT traffic counts. This traffic was estimated turning coming and going east or west based on the two nearest traffic counts on SR 70 to this area. It shows an approximate 60/40 West /East distribution. Project traffic was added to create total traffic. The intersection was analyzed as a signalized intersection. Using HCS signalized analysis, the intersection would operate at overall at Level of Service A for both the AM and PM peak hour. Figures 3 shows the intersection volumes. The intersection data and analysis is included in Appendix C. 5 15% 25% 60% 30% 20% State Road 70 0 Project Location aJ s 0 w N 10% North not to scale Figure 2 Project Percent Assignment 10th Ave Restaurant and Retail c4.o.l0th Ave Restaurant and Retail Percent Assignment 6 Table 2a: Project Significance - AM Segment From To Lanes LOS C Peak Hoar Two Wayne Two Way Peak Project Volume Project Percent Assignment Percent Project of Capacity Is Project Traffic More then 3% of Capacity? SR 70 US 98 US 441 4 3060 17 15% 0.5% no US 441 Project Driveway SR 710 4 4 3060 3060 66 33 60% 30% 2.2% 1.1% no no Project Driveway US 441 NW 9th St SR 70 4 3060 28 25% 0.9% no no SR 70 SW 21st St 4 3060 22 20% 0.7% no 10th Ave SR 70 SE 7th St 2 580 11 10% 1.9% no 11tCapacity: FOOT 2012 LOS Table 2b: Project Sif>Inificance- PM 1n: 59 Out: 51 AM Total 110 Segment From To Lanes LOS C Peak Hour Two Ways) Two Way Peak Project Volume Project Percent Assignment Percent Project of Capacity b Project Traffic More then 3% of Capacity? SR 70 US 98 US 441 4 3060 21 15% 0.7% no US 441 Project Driveway SR 710 SR 70 4 4 4 3060 3060 3060 83 41 35 60% 30% 25% 2.7% 1.4% 1.1% no no no Project Driveway NW 9th St US 441 SR 70 SW 21st St 4 3060 28 20% 0.9% no 10th Ave SR 70 SE 7th St 2 580 14 10% 2.4% no ntCapacity: FOOT 2012 LOS c4.o.10th Ave Restaurant and Retail Table 2 7 In 69 Out•. 69 PM Total 138 2 N 40 CO C J R m W J N C N o CL 8 h .....'ti Z. 3 d T., O O a �a V 0 m 1 in m 1 °A3 a I- 3060 m c 3 N O a' — A 2 >a- i 3060 m o N o t z w g a uO C Y 0 O a J = Y Y Q 2 NO a F 0. 0 tu Y CC L 7 a N > o 0 o N = 0. m i -IL 7 01 0 d 6 4; 0 N O 6 x 0 p 00 5 r 1 N W Q C ° a N > O o O .i N gm ae C d W m O — d 4 Yq 3 6 o .4y! 3 E NO a x O M m C Z -3 - Roadway Classification Q g ri N Principal Arterial 1-- Project Driveway O au ti C Z -o US Highway 441 Segment v o n N a0 .+0 H N N 8 a 01 o v ~ • N s LL N O 9 N a 6o LL L ti � o 6 N 8 c4.o.10th Ave Restaurant and Retail 2017 Link Analysis h .....'ti Z. 3 d T., O O a �a 0 9, 0 y S O Y O J 1 F 3060 W s N 22 xi O > a S Yn T 2 N m 3 a o N = Y Y Q 2 NO a F 0. M 07 O d N Q 0 0 Y E a a n > o N = 0 r. . m ti Yq 3 6 o .4y! 3 E NO a x 031 w ~ 10 g G a . a H ` Q g ri N C at m 0 C ^O �e}0 6 g * t0 ti C Z -o R Roadway Classification N T W t Q m a V C 'C n Project Driveway 0 LL US Highway 441 c 0 ymy N v 15,1 N 8 a 01 o v ~ • N s LL N O 9 N a 6o LL L ti � o 6 N 8 c4.o.10th Ave Restaurant and Retail 2017 Link Analysis FIGURE 3:TURNING MOVEMENT VOLUME COUNTS m m 0 0 m n 4 1 L-► ° °J t 'n Fn 0-4 Q • 4-0 o� .1 r o 9 C 2 Cp 2 17 o a og 0 O O O O ° O O O 0 6 se 2 2 z 2 0 0 0 0 0 n N O 0 0 0 0 0 0 0 0 0 0 $ 0 0 0 0 0 / 0 0 0 0 QQ GG N O 2 N N YY2 0 0 0 0 0 g 'C N N O 2 es ?pp 25 • m g 3 .N. o g e 2 ii 0 C P r n n in i0 0 0 < > .Y 0 s 1-- B 0o ▪ m 0 m F-' 1 I-■ 4-° °J t F ei °-► d 4--° titr 9 1 1 2 ° 01 n cn 7 S N 0 so 3 O O O O O O O O ° se 0 2 z .,aQ o2 IH ON mm m 0 0 0 0 0 0 0 0 0 0 0 0 0 E 0 0 0 0 0 o 6 8 N N O U, 0 00 0 0 n n a w g 4 LL n b .Ni qi "' g -9 °N o Q O f N Ol N 2 M1? N 6 F 4 o.TMC 10th end SR 70 DRIVEWAY VOLUMES The project volumes were shown at the project driveways to determine the need for turn lanes. Given that the volumes are below industry standard of 30 vehicles in an hour for left turn lanes and a minimum of 70 for right turn lanes, turn lanes are not recommended. The volumes are shown in Appendix C. CONCURRENCY REVIEW/ CONCLUSION 10th Avenue Restaurant and Retail has a traffic impact of 110 Net AM Peak hour trips and 138 Net PM Weak hour trips. These trips will not cause levels of service to fall below acceptable levels in the future. Based on the data and calculations presented herein, the project does not require additional analysis. 10 APPENDIX B TRANSPORTATION DATA Okeechobee 2010 EAR volumes Growth Rate Calculations 2013 FDOT Traffic Counts REPORT TYPE: ALL u a KC 0 04 KC a s 4 4 w 4 ,.c a 4 4 4 • a II r to o cr to o rn cn N CO CO r 0 O .-1 r HE II • • 0 11 0o O V• V• r rn 0 to to CO ri 0 1/40 0 00 0 W 11 r-1 r1 r-1 N r-I CO N N N N W W W W W W W W W W W W W W W W a r 1 ri ri ri ri ri ri .1 r-I r-I r-I . -I ▪ H A 0 co I m co m co m CO m 0o co co m m m m o0 W u) ! IC) 0 I1) U) U) tt7 It) 111 U) U) U) U) 1n U) u) [4 11 0 u) 0 o In o o 11) u) o in in o u) o 0 • H II ▪ W 11 rn m rn rn rn rn o o1 o 01 o. o o rn rn rn W 0 W W 0 W W 0 0 W 0 0 Cu 0 0 0 3 • 0 HD 0 0 0 0 0 0 0 0 0 0 0 0 o O H 1 O O O O O O O o O o O O o O o O 0 O •;r ' u) 01 0 CO 0 CO r of u) 0 U) u) 0 CO r KC 3 O ' V• r .-i N N N on u) O M ri t0 O O r 4 H N N N r-1 N N .--I N I W W W W W W W 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z 1 0 0 0 0 0 0 0 0 0 o o u) 0 0 0 0 O 11 0) (\I O in M in 14 CO 0 U) In r in O (NI 0) H 01 N V. 0 11 .-I t0 .-I CO 0 r1 CO V• U) CO EA U H H r-I .-I W H OKEECHOBEE A 0)1333 Z m 3 co cn 3 z 3 m z 3 3 H W I W W W W W W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z 0 1 0 0 0 0 O o 0 0 0 o u) 0 0 0 0 O 1.17 1 PI 01 u) (r) U) N 01 0) 0 u) r 0 0 .-I CO H 0 N CO 0 ■-• 0 t0 ri N 0 .-1 CO V• U) CO H ri r1 .-1 ri ri 0 PI H 04 I I 0W>4 0 A I Z W W W N Z W z Z W co W Z 0) W W n4 P4 EIIO H 0) H 3 a 0 Z W A 0a4 0 0 C 0E-1w I W I a 0) > 0 0 W 0 ZO II .-i W o o a W W H HW04 0 H4 0 x on H H W H x a Z I 0 0 w W D4 U] 0 LQ W H Ix CO W 1 x CO W 0 0 t7Ca W CI H w a M a4 Z WW0 CO Z M W to CO H H CO W pq >1 z 4 4 0 CO N 0 w o 10 W > 0 04 1 a CO r 1 x to ,-i 0 a g a H w H x G, o 0 H 00 00 .-1 a c0 0 0) W C7 0 x W W U) H 01 a 0 4 x E a H W 1 H 0 CO W 0 3 CO r- > a H O Ho a x H W \ D4 0) t0 V) Z W 0 CO 4 G:, H H' 1 CO W 01 0 H -I a \ H a a a 0) A Ga A C/) 1 O W O Ui ) C 0o 0 O a >+ 0 o to h 0 4 W 1.1 II axw I p I \ en z o W 0) H m W A H W W w a r a W O H A 0) \ rJ O Cl o W O 0 x W Cu W a H •. ri a Z r 0o z to a W x H O 0 2 4oO W W H W rn CO W a H 01 WAWE 3> > 0) 0 a c) a 0 H a 11) H H .4 5g .g Z H .� 4 CO CO In 0 W Z 0 CO CO W4a0 M W W a -I 0 H co W W .0 HH4 W 2 \ 0) Cu • W CO vV Cn 3 W co a a 0 W H o 0 o 04 0 H 4 ' II Z O W V• .-I 0 0 CO W .-I r-1 W H A Q.• H m x to r r-I x r- x 4 0 V• 0 .-f .--I W Z v E 2 V H W H W H v cr H 4 C4 H W a a s 0 a 0 co H V d• W 01 II 4, o c n z w o 0 ) o . 0 ( 0 0) 0 ) \\ aoW Z 0) co Z Z 0) co CO 0) 4 0) 2 m A II H G:, G:, 0) w 0l p4 W of rn 4 a •■ W ri •Y• O o CO ri o r-1 r-1 0) CO \ 07 Ex-1 CO CO (4 H 0 •• v Cu H H a 'o' H 'cr V a 01 H 0 0 0 O Z H a V• 0 0) m " c CO V• er CO • 0 \ \ 04 0)W a w W W 3 0 cn 3 0) m 0 0 ) 0 0 0 II EZH r a r a a s r H r- . r r M M 0 0 on . '- � � o V• o Z 4 0 4 •• 0 0 0 0 0 11) o 11) u) o o N u) ri 1() 10 4 04 r1 ■-1 r r r .-1 . -i r- r-I r-I r r N ri r 1--i .1 a W II II N a a a a a a a a a a a W a a a a °4 "" N co o m v) a) 0) co co co co CO Z CO CO CO 0) .. .. .. .• ,.{ E x H H A W 4 r-1 CO 01 a •-1 I 0 X 0A Z4O za a >. A II I N W N E Z t0 CO 0 W II K3 >. E a CIa H W HO 11 W EA O O H N W .g aaco Kg Kg >1 >1 U) E 5Za r. C. Kg DESCRIPTION C.0 0) V• 03 C4 (.9 o >+Haa N H C W W IA W II N M to r oo 0) N 'V• 1/40 01 M •• 0) •• in (0 H A H W H II 0 0 O 0 0 0 r1 .-i .-I r-I N N 0 0 0 0 H C irg\ 1 H II 0 0 0 0 0 O 0 0 0 0 0 0 ri r-I ri ri CI) A4 Ri A .1 CO 11 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 O C N a w w H a 0 CV z a 0 °Pu H W H pG 4 H0 c4 Ow 04 P4 0) Z a w H O 04 A H Z 4 41 CD C4 41 4> P+ N.' w A� AZ Hz O4 [04x.1 el-I 0 N H X H H A w .4 W P4 I n w w 0 04 0 w A w w w w w Cu w [. 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H ax v, w w w w w w w (4 w w w w w w w w 4 4 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 � N CP 0 P4 11 In N o O O O O O O O O O N u) O In H II xU II0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) wu 4 H N DIRECTION ri DIRECTION OKEECHOBEE DESCRIPTION .-I EA 2204 0UW 0 W >• z xxP4 H O HH s a W N \ 0) C7 H P4 1 (.0 W 1 2 rn 11 1'') x > V) HWa o C4 4 ° ° H r-1 a 1 • PI a x \ r- C9.da w 0 i0 H W W O C9 \ P4 H H o N o ran P4 >1 a a P4 W W W P4 H 1 H (- a E w H w 0 0 0 w a 1 w 0 0) GI H [4 Z Z H Z a `O z (0 0 0Hco H H 4 4 Ww�j \ (Hn > 43 44 0 w w 2 0f�xaw0 CO o OD A Pi o .4 0 0 H W 11 (') r Z x x H r x 2 w C4 44 II M N E E co 0 0 E x W W W 0 TE' Z [ M N N x a o 000 w EA E Z 0 W P4 H • . 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H H et > rn 0 2 PI A 174 M M x A x x x x0400 ('1 0 ]C H H Z H x x x E x H rn m co 2 2404 •• a l0 V N l0 H E H 01 H O 01 N ri 4 a' PI t--1 0 .-1 N ('1 .-i 1- (.0 01 ri 0 ri u) r- r- .-1 W II 11 u) rl H M S M 3 3 M 3 w W w 1[ 04 04 W 041 A U .� N [400)0)0)0)0) 2 Z Z 0)0)000 PO ......• r 1 01 II r4 N V' In l0 r- (r) V• In (s OD CA V t0 r W H II O O O O O O ri ri r-1 .-4 .-I vi N N N N H 11 0 0 0 O O O 0 O O O O O O O O O O II V' V' V' V' V' sr V' V' V' V' V V• V' V' V V (n 0) Tr W P4 C9 0 ri P+04 4 o }+Eaa N E 0 w w IA WwEc W E4 H H z 4 \ 1� V] x 4 0 r-i N OKEECHOBEE COUNTY Evaluation and Appraisal Report 2011 Table 1.10 Estimated 2010 Roadway LOS - State Roads Road 70 Coady 871h Terrace 48th Ave 24th Ave Hwy 98 9th Ave Hwy 441 710 80th Ave 129th Ave Road78 Canty Lite 1611 Ave **way 98 County Line 176th Ave 1601h 8tR R-68, 3611 St Road 710 Rd 71) 408iAve des Blvd 861st 13A 128thAve (Beam Rd) 1280 81vdICR 15B Highway 441 No Th cant/ the 30411 St1CR 15C 2401, St 22411 SItCR•68 16011 St CR-68 9811 St 36th St 23N Ln 91h St *Waft 441 Spr91 Rd 70 L 21st St 28th SWIbilf tel 32nd St lfiphway 441 SE Rd78 • 1811 Terrace 3411) Ave 8691 $MdlC2t 15A 126th 81vd/CR -160 SW 8711 Terrace 4118) Ave SW 2481 Ave NW 9th Ave US Hay 441 SR 710 NE8011Ave NE 128Th East County line 2L Principal Medal Arterial Principal Arty Principal Arterial Principal Arterial Principal Arterial c c c c c Prlrc al� - Principal Arterial Principal Medal Primal Arterial c c c C c SW 16th Ave US Hay 441 NW 17611Ate NW 18011 SliCR -68 NW 368t St Slate Rd 70 2L Minor Artedal Moor Rttedal D 0 790 1460 1A60 1,370 3,110 3,110 3,110 1,460 790 790 1,350 527 776 653 1,297 1,759 1,804 2,547 1,071 601 657 C c B 8 B B c c c 2,040 Principal Arterial Principal Arterial Principal Arterial Principal Arterial c c c c 594 707 260 790 790 t460 259 C B B B C 1,071 SE4011 Ave/Everglades Blvd SE 866, BI R 15A SE 1281h Ave (Berman Rd) SE 126111 Blvd/CR 158 Canty Line NW filth SVCR 15C NW2401St NE 224thSUCR-68 18011 SKR (NE 9811St NW 36th St NW23rdin NW911St State Rd 70 SW 21st St SW281) SiNYottRd SW 32nd St Slate Rd 78 21. 21 Principal Medal • Prindpai Arterial Prindpal /Medal Principal Arterial Principal arterial C c c 1,370 1460 c c 21 21 21 4L 4L Principal Arterial Principal Arterial Pd cipal Arterial Principal Arterial Principal Arterial Principal Arterial ('argot Medal Principal Arterial c 1,460 1,460 1,460 790 c c c c c E E c 790 790 790 790 1,460 3,280 3,280 3,110 1,044 684 740 765 829 405 299 354 476 508 815 1,065 1,633 1,849 c B 8 B c B 8 c c c 8 B 8 41 41 41 41 Principal Pdncipal Arterial Principal PrtncipaiNimbi E E E E 3.280 3,280 3280 1,722 1,815 1,017 B B B B SE 1811 Terrace SE 341h Ave SE 8611 BltrdlC -15A SE 12811 BlvddCR 158 Coady tine Source: Kimley=Hom and Associates, Inc. 2009. 21 2L 2L 21 Pdncipal Arterial Principal Arterial Principal Arterial Principal Medal D D E 2.040 2040. PrirctalAtteriai c 790 790 761 987 845 391 355 8 c c B OKEECHOBEE COUNTY EAR — ADOPTED APRIL 2011 A3 19 Growth Rate Calculation Growth Rate N '4' Cr! 0 M N n Cl O 0 of co 0 rn co e-1 a a D 0 0 e-1 2 0 N ct O co e-1 r-1 M 4 J d J c O 4.. RI L) F .y N o 0 all 3 0) 0 CC co L a) t co .0 c 7.7. CI. 1O- e-1 4 a t to m 0 e-I N CC N E 0 L Y. NW 9th Avenue US Highway 441 ++ c or E W N Note: Volumes Okeechobee 4" c c 0 aJ ai 0 .c c.) cu a, Y 0 a) °. a VI a) E 3 0 M eel 0 N i c4 o growth rate calculation 10th ave TABLE 2 Generalized Annual Average Daily Volumes for Florida's Transitioning Areas and Areas Over 5,000 Not In Urbanized Areas1 INTERRUPTED FLOW FACILITIES STATE SIGNALIZED ARTERIALS C1 ss I (40 mph or higher posted speed limit) Lanes M tan B C D 2 Und vided * 14,400 16,200 4 Di ed * 34,000 35,500 6 Di ed * 52,100 53,500 Cla II (35 mph or slower posted speed limit) Lanes M tan B C D 2 Und vided * 6,500 13,300 4 Divided * 9,900 28,800 6 Divided * 16,000 44,900 Lanes 2 2 Multi Multi E ** ** ** E 14,200 31,600 47,600 Non -State Signalized Roadway Adjustments (Alter corresponding state volumes by the indicated percent) Ncjn -State Signalized Roadways - 10% 11)iedian & Turn Lane Adjustments Exclusive Exclusive Adjustment M ian Left Lanes Right Lanes Factors Divi ed Yes No +5% Und ided No No -20% Und ided Yes No No No -25% - Yes + 5% Undivided -5% One -Way Facility Adjustment altiply the corresponding two- directional volumes in this table by 0.6 (Multiply directional BICYCLE MODE2 motorized vehicle volumes shown below by number of roadway lanes to determine two -way maximum service volumes.) Paved Shoulder/Bicycle Lane Coverage 0-49% 50 -84% 85- 100% B C D E * 2,600 6,100 19,500 1,900 5,500 18,400 >19,500 7,500 19,500 >19,500 ** PEDESTRIAN MODE2 (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two -way maximum service volumes.) B C D E * * 2,800 9,400 * 1,600 8,600 15,600 3,800 10,500 17,100 >19,500 Sidewalk Coverage 0-49% 50 -84% 85- 100% BUS MODE (Scheduled Fixed Route)3 (Buses in peak hour in peak direction) Sidewalk Coverage 0 -84% 85- 100% B >5 >4 C >4 >3 D >3 >2 E >2 >1 UNINTERRUPTED FLOW FACILITIES Lanes B 4 44,100 6 65,100 8 85,100 10 106,200 FREEWAYS C D 57,600 68,900 85,600 102,200 113,700 135,200 141,700 168,800 Freeway Adjustments Auxiliary Lanes Ramp Present in Both Directions Metering + 20,000 + 5% 12/18/12 E 71,700 111,000 150,000 189,000 UNINTERRUPTED FLOW HIGHWAYS Lanes Median B C D E 2 Undivided 9,200 17,300 24,400 33,300 4 Divided 35,300 49,600 62,900 69,600 6 Divided 52,800 74,500 94,300 104,500 Uninterrupted Flow Highway Adjustments Lanes Median Exclusive left lanes Adjustment factors 2 Divided Multi Undivided Multi Undivided Yes Yes No +5% -5% -25% rdaherau�crx plg° f t'u era ft ,sxQi��h ig/nseei 2012 FDOT QUALITY /LEVEL OF SERVICE HANDBOOK TABLES TABLE 5 Lanes 2 4 6 Generalized Peak Hour Two -Way Volumes for Florida's Transitioning and Areas Over 5,000 Not In Urbanized Areas1 INTERRUPTED FLOW FACILITIES UNINTERRUPTED, FLOW FACILITIES. STATE SIGNALIZED ARTERIALS Class I (40 mph or higher posted speed limit) Median B C D E Undivided Divided Divided * 1,300 1,460 * 3,060 3,200 * 4,690 4,820 Class 11(35 mph or slower posted speed limit) Lanes Median B C D 2 Undivided * 580 1,200 4 Divided * 890 2,590 6 Divided * 1,440 4,040 Lanes 2 2 Multi Multi Non -State Signalized Roadway Adjustments (Alter corresponding state volumes by the indicated percent) Non -State Signalized Roadways -10% ** ** ** E 1,280 2,850 4,280 Median & Turn Lane Adjustments Exclusive Exclusive Adjustment Median Left Lanes Right Lanes Factors Divided Yes No +5% Undivided No No -20% Undivided Yes No -5% Undivided No No -25% Yes + 5% One -Way Facility Adjustment Multiply the corresponding two-directional volumes in this table by 0.6 BICYCLE MODE2 (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two-way maximum service volumes.) Paved Shoulder/Bicycle Lane Coverage 0-49% 50 -84% 85 -100% B C D E * 140 550 1,760 170 500 1,650 >1,760 670 1,760 >1,760 ** PEDESTRIAN MODE2 (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two -way maximum service volumes.) Sidewalk Coverage 0 -49% 50 -84% 85 -100% B C * * * 150 340 950 D 250 780 1,540 BUS MODE (Scheduled Fixed Route)3 (Buses in peak hour in peak direction) Sidewalk Coverage 0 -84% 85 -100% B C D >5 > -4 > > -3 >4 >_3 >2 E 850 1,410 >1,760 E >2 > -1 Lanes 4 6 8 10 B 3,970 5,860 7,660 9,550 FREEWAYS C D 5,190 6,200 7,710 9,190 10,230 12,170 12,750 15,190 Freeway Adjustments Auxiliary Lanes Ramp Present in Both Directions Metering + 1,800 +5% 12/18/12 E 6,460 9,990 13,500 17,010 UNINTERRUPTED FLOW HIGHWAYS Lanes Median B C D E 2 Undivided 820 1,550 2,190 2,990 4 Divided 3,170 4,460 5,660 6,260 6 Divided 4,750 6,700 8,480 9,400 Uninterrupted Flow Highway Adjustments Lanes Median Exclusive left lanes Adjustment factors 2 Divided Yes +5% Multi Undivided Yes -5% Multi Undivided No • -25% 2012 FOOT QUALITY /LEVEL OF SERVICE HANDBOOK TABLES APPENDIX C INTERSECTION DATA/ DRIVEWAY VOLUMES E- 963 0 (963) (963) 0 963 > IO [(18) (11 (35) 35 0� 15 (15) Project Location In /Out: 59/51 State Road 70 1 0= Existing Traffic Figure 3 0= Project Traffic Driveway Volumes- AM North not to scale (0)= Total Traffic 10th Avenue Restaurant and Retail c4.0.10th Ave Restaurant and Retail AM Driveway 9 In /Ot,t: 69/69 E— 963 0 (963) (963) 0 963 0 F (21k11) (41) 41 01/ 21 21 0 (21) oI 11� A 2 Project Location SE 10th Ave State Road 70 ndNorth t to scale 0= Existing Traffic 0= Project Traffic (0)= Total Traffic Figure 4 Driveway Volumes- PM 10th Avenue Restaurant and Retail c4.0.10th Ave Restaurant and Retail PM Driveway 10 HCS 2010 Signalized Intersection Results Summary General Information Intersection Information ) 4 ..4. 1 b 4 Analyst Jurisdiction Intersection File Name Project Description Demand Information Approach Movement Demand (v), veh/h Signal Information Cycle, s Offset, s Susan E. O'Rourke, P.E., Inc. AAA Okeechobee ................._............ SR 70 and 10th Avenue 10th and SR 70 AM.xus SR 70 and 10th Avenue - AM Duration, h Analysis Date Time Period Analysis Year 4/6/2015 2015 Area Type PHF Analysis Period Other 0.90 5 .I t "r P r 120.0 Uncoordinated Force Mode Reference Point Simult. Gap ENV Simult. Gap. N/S Green 97.8 Yellow Red Timer Results Assigned Phase Case Number Phase Duration, s EBL EBT 2 WBL j WBT 6 6.0 103.8 Change Period, (Y +Rc), s 8.0 103.8 6.0 NBT 8 10.0 Max Allow Headway (MAH), s Queue Clearance Time (gs), s Green Extension Time (ge), s Phase Call Probability Out Probability Movement Group Results Approach Movement 6.0 3.2 9.9 0.3 1.00 0.00 Assigned Movement Adjusted Flow Rate (v), veh/h Adjusted Saturation Flow Rate (s), veh/h/In Queue Service Time (gs), s Cycle Queue Clearance Time (gc), s Green Ratio (g/C) Capacity (c), veh/h Volume -to- Capacity Ratio (X) Available Capacity (Ce),. veh/h Back of Queue (Q), veh/In (50th percentile) 597 1900 43.9 0.385 1850 10.2 10.2 0.82 483 12.7 56.6 1809 11810 9.6 ; 7.9 1610 4.1 4.1 0.386 0.281 Queue Storage Ratio (RQ) (50th percentile) Uniform Delay (di), s/veh Incremental Delay (d2), s/veh Initial Queue Delay (d3), s/veh Control Delay (d), s/veh Level of Service (LOS) Approach Deaay; sNeh / LOS Intersection Delay, s/veh / LOS Multimodal Results Pedestrian LOS Score / LOS Bicycle LOS Score / LOS 0.00 3.0 0.7 0.00 2.9 0.4 .0.00 53.8 52.1 0.0 0.0 0.0 0.0 3.7 3.7. 24.3 3.3 A A C A 3:7 ti A 4.7 A 7.9 1.5 A Copyright © 2015 University of Florida, All Rights Reserved. NCS 2010T'' Streets Version 6.65 Generated: 41612015 3:51:15 PM HCS 2010 Signalized Intersection Results Summary General Information Agency Analyst Jurisdiction Intersection File Name Project Description Susan E. O'Rourke, P.E., Inc. AAA akeechobee R 70 and 10th Avenue 0th and SR 70 PM.xus R 70 and 10th Avenue- PM Analysis Date 4/6/2015 Time Period Analysis Year 2015 Intersection Information Duration, h 0.25 Area Type Other PHF 0.90 Analysis Period 1> 7:00 ) 4 i.4. 1 4. Demand Information Approach Movement Demand (v), veh/h Signal Information Cycle, s Offset, s 120.0 eference Phase 2 Uncoordinated Force Mode Fixed ••i�t imult. Gap EM/ imult. Gap N/S Yellow 4.0 Red 2.0 10.9 0.0 0.0 0.0 0.0 4.0 0.0 0.0 0.0 0.0 2.0 0.0 0.0 0.0 0.0 Timer Results Assigned Phase Case Number Phase Duration, s Change Period, (Y +Rc), Max Allow Headway (M H), s Queue Clearance Time !s), s Green Extension lime (• =), s Phase Call Probability Max Out Probability EBT 2 8.0 103.1 6.0 0.0 NBL NBT 8 10.0 16.9 103.1 10.6 Movement Group Res is Approach Movement Assigned Movement A. t- • Fl • R - ('), Adjusted Saturation Flo Queue Service Time (gs) Cycle Queue Clearance Green Ratio (g/C) Capacity (c), veh/h Volume -to- Capacity Rati , (X) eh/h Rate (s), veh/h/In ime (gc), s A' . I..I- C... ' ( ), Back of Queue (Q), ve Queue Storage Ratio (R e) (50th percentile) Uniform D -I. (.i), Are Incremental Delay (d2), *eh 1900 43.9 43.9 1850 10.5 10.5 483 13.5 57.4 0.81 1809 9.9 9.9 1810 ; 1610.. 8.6 4.1 1497 0.389 1497 Initial Queue Delay (d3), /veh Control Delay (d), s/veh Level of Service (LOS) Approach Delay, s/veh / OS Intersection Delay, s/veti / LOS 0.00 0.00 0.0 0.0 3.5 A Multimodal Results Pedestrian LOS Score / LOS Bicycle LOS Score / LOS Copyright© 2015 University of Florida, All Rights Reserved. 0.8 A HCS 2O1OTM Streets Version 6.65 Generated: 4/6/2015 3:53 :59 PM 2 Okeechobee News May 24, 2015 Okeechobee By Charles M. Murphy Okeechobee News The rewards of reading were appar May 13 as 121 Okeechobee students to part in the annual Battle of the Books test how well they read and remember materials. Teams from all five elementary scho s and the two middle schools took part t year, 121 kids in all Director of Grants and Special Progr Lonnie Steiert said it was avery competi event this year and all of the kids should very proud of the accomplishments. Seminole elementary principal Matth Koff said the competition really encour es the kids and excites them about readi He said his school has broken their o record for books this year with over 28, points. Central, North and Seminole tied first place in the third grade competitio they answered all five questions corn ty• liot- Garcia, Paisley Norman, Brandon Per - Everglades answered four, and Semin Ie ez, Lily Cobb, Aubrey Cook, Tess D'Ariano, had three questions correct. Jillian Durfee, Anabel Garcia, Marvin Men - The fourth grade competition end in dez, Nick Nunez, Juan Garcia, Peyton John - a four -way tie between Central, Evergla es, son, Savannah Moreno, Anna Robinson, North and Seminole as they all answe d Jenna Scholle, Seyram Akahoho, Aleska their five questions correctly. South Cardona, Cecilia Carran, Sam Melear, and swered three of five questions correct. Elyssa Sanchez. e first grade competition was P Seminole Elementary students who ed by Everglades elementary as ey took part included Adryauna Bake Pa- ered five correct questions: Ce al students compete in Battle of the Books. North and South S th four questions tricia Dunn Princess Espinal Isis Lopez, rates" written by Carolina Carlson; "Abby correct to tie for second. Seminole Elemen- Karina Maldonado, Jose Monroy, Alejandro Carnelia's One and Only Magical Power " t tary answered two questions correct. Nunez, Kyla Thurman, Morgan Townsend, written by David Pogue, "Rump, the True Osceola won the middle school contest Maylin Campos, Sabin Griffis, Hannah Lew- story of Rumpelstiltskin: by Liesl Shurtliff; in a tight battle over Yearling 25 -23. is, Adam Moore, Kailey Raulerson, James "Escape from Mr. Lemoncello's Library" e Central Elementary students who took by Chris Gabenstein; "When Life Gives You part included Julia Angelos, Jocelyn Domi- na, Jaslynn Phipps, Brandy Sumner, Em- mett Sumner, Heaven Bast, Dakota Lamb, Summer McGlamory, Diana Rodriguez- Gomez, Janessa Whidden, Terrance Hill, Anyah Johnson, Alex Maxwell, April Salva, Anna SanMartin and Aven Selph. Everglades Elementary was represented by Jaedon Gilbert, Alyna Kane, Abigail Me- drano, Jaelyn Mora, Austin Oliver, Blane 8 . Boyer, Brianna Burgos, Taylor Elgin, Jas- mine Mora, Riley Russell, Angel Alvarez, Isaac Cardoso, Alex Miller, Theresa Ramir- ez, Riley Schlosser, B'ellana Schlosser, Zoe Evans and Princessa Ortega. as North Elementary students included Ethan Blomefield, Amber Cook, Selena El- Zaxby's restaur nt proposed in ei Zaxby's is the proposed restaurant for the Okeechobee News site. The Okeechobee City Planning B d Planning board member Karyne Brass approved a special exception for a asked about water retention on site. She restaurant and delayed discussion of an his - also asked about visual buffering. She was ing assured by staff that these issues would be Thomas, Kiara Alvarado, Jessis Arellano, Christian Diaz, Hadley Hoggard, Marlene Huerta, Braxton Lewis, Milagros Medrano, and Salvador Ventura. - South Elementary students who took part include Ellen Gayford, Dyson Nichols, Aliyah Olivares, Isabella Puga, Tori Trent, Payton Collins, Jaydee Dale, Lora Lemmer- men, Erin Prieto, Conner Wendt, Faith Co- lon, R.J. Isales, Joshua Viray, Sarah Dodd, and Lizzy Murphy. Osceola Middle School students who took part included Ayan Desai, Yuri Her- nandez, Madison Lamb, Kasey Maguire, Amber Marquette, Aliza Merchant, Sirnran Merchant, Chloe Soriano, Josef Steiert, and Cristian Trejo. Yearling Middle School students who competed included Janessa Carrillo, Mireya Catalan, Monique Cooper, Katysta Fowler, Shelby Johnson, Haisley Kessler, Alexis Lianas, Jestice Mond, Savannah Medina, Priscilla Morales-Ruiz, Cade Pierce Debra By Charles M. Murphy toric preservation ordinance at their m Thursday. discussed. The restaurant site at 100 S.E. 10th ikve. Mr. Brisson said he doesn't see an issue was an old mobile home park but is now with residents south of the site that might be vacant. City planner Bill Brisson said tho site impacted by lighting. is large enough for a restaurant and sOrrte The special exception allows a restaurant retail uses. with drive thru service in a heavy commer- There are some site plan issues a ut cial zonin on the 2.7-acre site. traffic and buffering of vegetation that will g be addressed in the future. Mr. Brissonrec- The discussion about the city historic ommended approval of the application Sub- preservation ordinance will be held June 18 itted by Carol Word. at 6 p.m. at City Hall. ways on Top of the lor" LtTVIANO' RO OF IlvG. e- Roofing Speciali -ts • Metal & Shingle Roo • Flats & Leaks Repai FREE ESTIMATES s-e trrarccc1 863- 357.3838 0.J." by Erica S. Pearl; "Variant" by Robison Wells; "The Apothecary" by Maile Metoy' "Homesick" by Kate Klise; and, "The Raft" by S.A. Bodeen. The students in the competition read the Sunshine State Reader books selected by media specialists for each grade level. At the end of the competition, elementary students who read all of the 15 books com- peted in another round of competition. Mrs. Steiert said it was gratifying for the educators to see the results of children learning to love to read. "The media specialists throughout the school year encourage their students to develop a love of reading and to become lifelong readers," she added. Coaches and mentors for the squads included Ronda Watt of Central, Christine Fuller of Everglades, Alicia Perviss of North, �sci a ora Lynn Greeson of Seminole, Frieda Stiles Sales and Simone Washington. of South, LaRenda Tomlinson of Osceola, Books that were read by the students Karen Streelman and Ashley Starr of Year- included: "Ungifted" by Gordon Korman; ling Middle and Lauren Myers served as "The Adventures of a South Pole Pig" by mistress of ceremony and judge. Chris Kurtz; "Alex and the Underdog, Cap- The Okeechobee County School Board ture the Flag" by Kate Messner; "Hooper office of Grants and Special Programs sup - inds a Family" by Jane Paley; "The Ad- ports the planning and efforts to make this tures of Beanboy" by Lisa Harkrader; a reality. Mrs. Steiert thanked all who took "SUanded" by Jeff Probst; "Chris Tebbetts, part in bringing the celebration of reading the Very Nearly Honorable League of Pi- to life. Okeechobee Forecast Brought to you by "OurFocesrsTb Marry. Y a C Today: Partly cloudy skies. A stray thunderstorm is possible. High 89F. Winds E at 10 to 20 mph. Tonight: Partly cloudy. Low around 70F. Winds E at 10 to 15 mph. ilorida.newszap.com Check out these new features: • Daily Local NEWS Updates • New interactive and easy to navigate format • Plus much, much more! 0 0 Come see for yourself! Extended Forecast Monday: Intervals of clouds and sun- shine. A stray afternoon thunderstorm is pos- sible. High 89E Winds E at 10 to 20 mph. Monday Night: Partly cloudy. Low 69F. Winds E at 10 to 15 mph. Tuesday: A few passing clouds, other- wise generally sunny. High near 90F. Winds E at 10 to 20 mph. Tuesday Night: Generally fair. Low 68F. Winds E at 10 to 15 mph. Roofing with the name you trust! !ROOFING REP IRS Residential w° Commercial REE Estimates Licensed and Insured St. tic. cCC04693s Don't make a Mistake! Call Big Lake 863- 763 -ROOF (7663) Staff Report Special Exception Request Pre ared for: The City of Okeechobee App icant: Tracy Gibson Petition No.: 15- 003 -SE ct-ua Planning • & Management Services, Inc. 1375 Jackson Street, Soho 206 Fort \lyers, Florida 239-334-3366 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Tracy Gibson Petition No. 15- 003 -SE General Information Future:L Owner reet Applicant Okeechobee, Tracy Gibson Site Address ntact Person `' 35Ridgemont Decatur,; 100 SE 10th Av., Okeechobee, FL 34974 Contact Phone Number mail A Adres (404) 668 -8067 ctturn1 c @gmail .co Existing d Use Mao Classification Zoning. District Acreage 2.565 acres Proposed Commercial' CHV Mixed Mall an restaura with �rivethrough servicE 2.565 Acres Legal Description Parcel Identification Number: 2- 22- 37- 35 -0A00- 00011 -0000 Legal Description: A parcel of land Tying in and comprising a part of government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows' Beginn ng at the intersection of the West right -of -way line of S. E. 10th Avenue (formerly HancoOk Street) with the South right -of -way line of State Road 70, thence run West along said South fight -of -Way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest center of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in the Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the Point of Beginning. Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, FL Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Tracy Gibson Petition No. 15- 003 -SE Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment includes a Special Exception for drive - through service for a proposed fast -food restaurant. Description of the Situation The property is vacant, and was recently the subject of a Future Land Use amendment to Commercial and a rezoning to CHV. The property is bounded on the north by SR 70, on the south by an old mobile home park, on the east by SE 10th Avenue, and on the west by a commercial shopping center. The property will be developed in two phases, the first of which is the western 1.40 acres involving the 3,847 square foot fast food restaurant with drive - through service and which will have 49 employees and will be open from 9:30 am to 11:30 pm. The other part of the proposed development will encompass 8,320 square feet of retail uses. The restaurant and retail uses will share a driveway providing ingress and egress from /to SR 70 and another two -way driveway onto SE 10th Avenue. Adjacent FLUM Classification, Zoning District, and Existing Land Use Zon n >District a Eaxis ingt Land Future Land Use Map Classification East: Zoning District Existing Land Use: assificatio Commercial CHV and RMF U. S. Post Office stint Future Land Use Map Classification West: Zoning District: Existing Land Use: Commercial CHV Shopping Center Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Tracy Gibson Petition No. 15- 003 -SE Consistency with Land Development Regulations Section 70- 373(b) requires that the Applicant address the following standards for granting a Special Exception, during his /her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. `The proposed location is Heavy Commercial (CHV). Per Okeechobee's Code of Ordinances, drive thru service is authorized as a special exception in the CHV zoning district." We agree that the location and site are appropriate for the use. The prop - erty is located within the Commercial Corridor, is zoned CHV, and is gener- ally surrounded by nonresidential zoning and uses except for the mobile home park immediately to the south. The CHV Zoning District specifically identifies drive - through service as an allowable special exception use. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "No special design efforts are needed. The site is compatible with adjacent uses. The property (Popeyes) east of the site has drive thru service. The proposed building material (EIFS) has been discussed and approved by Jeffery Newell, CBO." The primary purpose of this standard to ensure that the use, structures, and arrangement of structures are such that they are not uncharacter- istically high, or perhaps overly massive with respect to nearby uses. Since such facilities are generally of limited height and size, Staff foresees no specific design efforts that would be necessary, particularly if developed as shown in the concept plan in the Traffic Analysis. This concept plan indicates that the dumpster, parking and drive - through areas will all be separated from the mobile home park to the south by the drainage retention area, thereby providing a spatial buffer. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Tracy Gibson Petition No. 15- 003 -SE (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "No visual screening is necessary. The use does not create a nuisance or hazard to adjacent uses." We agree that no special visual screening will be necessary for the nor- thern, eastern or western borders of the property because they adjoin commercial properties. No special visual screening should be necessary between the water retention area and the mobile home park to the south. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "The proposed drive thru use does not create any potential hazards, problems or public nuisance. It will not have adverse effect on the public interest. The site will provide a new and different restaurant option. It will employ local residents and favorably impact property values. This development will not deter the development of adjacent properties." We agree there should be no potential hazards associated with the drive - thru aspect of the use. A fence may be necessary at the southern property line separating the drainage retention area from the mobile home park to the south. This will be addressed during the site plan review. (5) Demonstrate how the utilities and other service requirements of the use can be met. "Per discussions with the appropriate contacts (i.e. John Hayford - Okeechobee Utility Association, Stephanie Mitrione - Florida Power & Light, Bill), utilities and service requirements of the use can be met. Phone /Internet services will be obtained from Florida WPB or CenturyLink. We are working with Bill McGoldrick (Florida Public Utilities Co.) to get natural gas installed at the location. If we are not able to connect to Okeechobee's new natural gas system, we will utilize propane from Glades Gas." We agree that utilities are available and the specifics will be addressed during the site plan review stage. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Tracy Gibson Special Exception Request Petition No. 15- 003 -SE (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "The entrance /exit for the site and offsite improvements have been discussed with Mark Clark, Access Management Specialist - FDOT. The onsite entrance /exit are being constructed based on state and city guidelines /requirements as steps to mitigate any potential traffic congestion. The parcel as a whole has sufficient frontage on SR 70 for one driveway that would provide ingress and egress access to SR 70. The parcel is being split and will have one driveway designed to provide access for both new parcels via a cross access easement. The driveway spacing will be 125' which is adequate spacing between both of the adjacent driveways at Popeyes and SE 10th Ave." 'the Applicant has also submitted a Traffic Analysis prepared by Susan E. O'Rourke, P.E. for the restaurant (including drive - through service) and the retail component of the overall project. While the analysis concludes that the project will not have a significant impact upon traffic levels on SR 70 or the intersection of SR 70 and SE 10th Avenue, we would like the Traffic Engineer to confirm that the 125 -foot separation between the entrance to 'Popeyes to the west and the main entrance to the subject property on SR 70 is adequate. Also, would like assurance from the Traffic Engineer that the traffic from the project using SE 10th Avenue will not result in conflicts with existing traffic on SE 10th Avenue. These issues can be addressed at the site plan review stage. Section 70- 373(c) (1) — (8) When reaching a conclusion on a Special Exception request, the Board of Adjustment shall onsider and show in its record the following findings as set forth in Section 70- 373(c)(1)-(8). The required findings are listed below followed by the Applicant's staten-ients in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "The use is not contrary to the comprehensive plan. It will be favorable for the general welfare of the community and consistent with the public interest. The citizens and taxpayers will not have to bear the costs resulting from this use. There will not be haphazard development. Development will be of lasting quality and repairs and replacements will occur in a timely manner when needed. Discussions have occurred regarding utilities and the adequate and necessary sources are available and will be installed." Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Tracy Gibson Petition No. 15- 003 -SE We agree that a restaurant with drive -in and drive -thru service is a commercial use contemplated within the Commercial Future Land Use Category. (2) The use is specifically authorized as a special exception use in the zoning district. (3) "The use is specifically authorized as a special exception use in the zoning district. Per City's Code of Ordinance Sec. 90 -283, drive thru service is a special exception permitted in the CI -IV district." We agree. The use will not have an adverse effect on the public interest. "The use will not have an adverse effect on the public interest. The use will improve the City's economy and increase employment. The site will employ 49 employees and provide a new restaurant option that is currently not available in the City." We agree that the use will not have an adverse effect on the public interest, provided the final site plan is deemed to provide for safe and convenient ingress and egress. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The use is appropriate for the proposed location, is reasonably compatible with adja- cent uses and is not detrimental to urbanizing land use patterns. The use is compar- able to the site west of the location. The site referenced is Popeyes. This site has drive -thru service. The use will not be detrimental to urbanizing land use patterns. We agree that the location and site are appropriate for the use. The property is located within the Commercial Corridor, is zoned CHV, and is generally surrounded by nonresidential zoning and uses except for the mobile home park to the south. Serving Florida Local Governments Since 1988 6 Staff Report Applicant's Name: Tracy Gibson Special Exception Request Petition No. 15- 003 -SE (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The use will not adversely affect property values or living conditions. Prop - erty values and living conditions will be favorable when the restaurant is in operation. The site does not deter development of the adjacent property. Develop - ment plans east of the property are in discussion and underway." We agree that development of the property as a fast -food restaurant with drive -thru services will not adversely affect property values or living conditions. It appears that if developed as indicated in the concept plan in the Traffic Analysis, the adjoining mobile home park to the south will be afforded an adequate spatial buffer from noise and lighting associated with the drive - through, dumpster and parking areas. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. (7) "The use should not require screening from surrounding uses. The use does not result in any nuisance or hazard to adjacent uses." We agree. There should be no potential hazards associated with the drive - through aspect of the use. Staff foresees no need for specific design efforts assuming the project is developed as shown in the concept plan located in the Traffic Analysis. This concept plan indicates that the dumpster, parking and drive - through areas will all be separated from the mobile home park to the south by the drainage retention area, thereby providing an adequate spatial buffer. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services." Density is not an issue with a commercial use and the proposed drive - through service, while increasing traffic, should have no significant negative effect upon public services or facilities. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Tracy Gibson Petition No. 15- 003 -SE (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The use does not result in overcrowding or an undue concentration of population. The plan complies with guidance and requirements provided by the state and city to ensure the best traffic control is implemented. To ensure proper flood control and drainage, there will be an onsite retention pond." Based on the Traffic Analysis, we expect that neither will traffic congestion be significantly increased nor traffic safety be compromised by the provision of drive - through service on the property. Flooding and drainage problems are not expected and these issues will be specifically addressed during the site plan review. Recommendation Based upon the foregoing analysis and findings, Staff recommends that Petition Number 15- 003 -SE be approved as requested. Submitted by: Wm. F. Brisson, AICP Planning Consultant May 11,2015 Board of Adjustment Hearing: May 21, 2015 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses Serving Florida Local Governments Since 1988 8 Staff Report Special Exception Request Applicant's Name: Tracy Gibson Petition No. 15-003-SE FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS COMPREHENSIVE PLAN LAND USE SINGLE - FAMILy MULTI -FAMILY COMMERCIAL INDUSTRIAL BLIt FACILITIES RESIDENTIAL MIXED VIE SerVitr■.: kit Local Governments Since 1988 Subject Property Staff Report Special Exception Request Applicant's Name: Tracy Gibson Petition No. 15- 003 -SE ZONING MAP SUBJECT SITE AND ENVIRONS ZONING . CBD • COMM BUSINESS DISTRICT . CHV - HEAY1 COMMERCIAL CLT • UGHT COMMERCIAL CPO - COMM PROFESSIONAL H - HOLDING 'ND • -NOUS TRIAL PUB • PUBL C FACUTIES PUD•MUED PUD-R - RIFF RESIDENTIAL MULTtFAMKr MAN • RESIDENTIAL MOBILE HOME REF • RESIDENTIAL SINGLE FAME I• REF: • RESIDENTIAL SINGLE FAA' Serving orida Lncal Governments Sinae 1988 ro- A 10 Staff Rl port Special Exception Request Applicant's Name: Tracy Gibson Petition No. 15- 003 -SE AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES Subject Property Se %ire, Iorida L(x1I Governments Since 1988 11 Planning & Management Services, Inc. Exhibit 2 To: From: Memorandum Planning Board Members Bill Brisson, AICP Sr. Planner, LaRue Planning & Management Services, Inc. Date: j'' May 12, 2015 Subject: Materials for Historic Preservation discussion at May 21st Meeting Attached is a copy of the City of Sebring Ord. 824. This is the Sebring's Historic Preservation Ordinance you were previously given and upon which you have provided me with comments. I have reviewed your comments and questions and am prepared to discuss them with you at our upcoming', meeting. I have inserted each of the individual Planning Board Members' comments into Ord. 824 immediately following the section of the Ordinance they are intended to address. After each of the Planning Board members' comments, I have provided my comments, as appropriate, in Sego Print typeface. Mr. Keef4's comments are located on pages 2, 3, 4, and 7. Mr. Battoj's comments are located on pages 4, 5 and 8 Mr. McCreary's comments are located on pages 10, 11, 12, 14 and 15 I appreciate the time each of the Planning Board members had invested in this endeavor. If I have mis *ed anyone's comments, I apologize, but we will have ample opportunity to address any new thoughts at the upcoming meeting. In the meantime, should you have any questions, feel free to call me on my direct number (239)- 204 -5283 or send me an e-mail at bill(a�larueplanninq.com. Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239- 334 -3366 www.larueplanning.com ORDINANCE NO. 824 ORDINANCE CREATING A HISTORIC PRESERVATION COMMISSION, E TABLISHING QUALIFICATIONS FOR MEMBERSHIP AND TERMS OF O FICE, PROVIDING FOR THE DESIGNATION AND PROTECTION OF H STORIC PROPERTIES AND THE DESIGNATION OF HISTORIC D STRICTS; PROVIDING FOR THE REVIEW AND REGULATION OF A TERNATIONS, RELOCATIONS, AND DEMOLITIONS OF HISTORIC P OPERTIES AND STRUCTURES WITHIN THE BOUNDARIES OF H STORIC DISTRICTS AND OF NEW CONSTRUCTION WITHIN THE B UNDARIES OF HISTORIC DISTRICTS; PROVIDING PENALTIES FOR NONCOMPLIANCEAND PROVISIONS FOR ENFORCING DECISIONS; PROVIDING A MECHANISM FOR APPEAL OF DECISIONS; PROVIDING TIME FRAMES FOR REVIEW; PROVIDING FOR PUBLIC AND OWNER NOTIFICATION AND FOR PUBLIC HEARINGS; PROVIDING FOR SEVERABILITY; AND, PROVIDING AN EFFECTIVE DATE. REAS, the historic properties located within the City of Sebring are an importan legacy to be valued and conserved for present and future generations; and W EREAS, the destruction of these nonrenewable historical resources will constitute a significa loss to the Quality of life, economy and cultural environment in the City of Sebring; and W EREAS, a historical preservation commission should be created and provisions for the designate h of historical properties and historical preservation districts should be established; NW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBRII , FLORIDA, that: SECTIO 1. PURPOSE. The purpose of this Ordinance is to promote the educational, cultural and economi Iwelfare of the public by the creation of a Historic Preservation Commission and by establishi g uniform procedures to preserve the City's historic resources, and by enhancing Public participa ion and involvement in the preservation and protection of such resources, including buildingsiI'structures, monuments and other historic resources. SECTION 2. DEFINITIONS. For the purpose of this ordinance, the following definitions shall apply: A. "ALTERATION" — Any change affecting the exterior appearance of an existing improvement by additions, reconstruction, remodeling or maintenance involving change in color, form, texture or materials. B, "CERTIFICATE OF APPROPRIATENESS" — A document issued by the Commission or its staff under certain circumstances, approving a proposal to make specified alterations to or to demolish a designated Historic Property or building, structure, or monument located within a designated Historic District or to construct a building or structure on property located within a designated Historic District, which must be obtained before such alteration, demolition, or construction may be begun. 1 C. "CITY COUNCIL" - The City Council of the City of Sebring. D. "COMNIISSION" — The Sebring Historic Preservation Commission created hereunder. E. "DEMOLISH BY NEGLECT" — Deterioration of a designated Historic Property or a property in a designated Historic District by virtue of the withholding of ordinary maintenance and repair to the extent that the property or structure could be reasonably expected to become unsafe. F. "DEMOLITION" — The act or process of wrecking, destroying or removal of a building, structure or monument, or any part thereof. G. "DESIGNATION" — A decision by the City Council to designate a property as a "Historic Property" or a district as a "Historic District" and to thereafter prohibit all alteration, demolition or construction on such property or within such district prior to the issuance of a Certificate of Appropriateness by the Commission. H. 'DESIGN GUIDELINES" — The United States Secretary of the Interior's "Standards of Rehabilitation ", as amended by the Commission, along with any other criteria adopted by the Commission. I. "EXTERIOR ARCHITECTURAL FEATURES" — The architectural style, general design, and general arrangement of the exterior of a building or other structure, including, but not limited to, the type or texture of the building material, the type and style of all windows, doors and signs; and other appurtenant architectural fixtures, features, details or elements relative to the foregoing. J. "HISTORIC DISTRICT" — A geographically definable area designated by the City Council of the City of Sebring which contains structures, sites, monuments or a combination thereof which: (1) have special character or special historical or aesthetic interest or value; (2) represent one or more eras of the history of the City of Sebring; and (3) cause such area, by reason of such factors to constitute a visibly perceptible section of the City of Sebring. Comments by Robert Keefe: 1. Should there be a minimum and /or maximum size (area) allowed to be zoned as such? Response: There need not be a minimum or maximum size For a historic district; but practicality and equity dictate that a district should not be so small that the structures within it could more reasonably be designated individually than as a district. The maximum size would be dictated by the extent to which it could be determined that its boundaries reflect an area that is homogenous and characterized by structures that would qualify as historically valuable. 2 2. Must its boundaries be a standard geometric shape (rectangle which would encompass all buildings /properties within it - regardless of historic value) or irregularly shaped so as to be able to exclude or include particular structures /properties? Response: The district need not be a standard geometric shape, but should follow geographic and physical boundaries (such as streets, creeks, etc.) but should not meander to pick up stray lot or property. However, most historic districts will tevtd to include some structures that would not qualify on their owvt as historic structure, because they are part of a recognizable historic or geographic neighborhood. K. !'HISTORIC PRESERVATION JURISDICTION" — The area within the corporate limits of t e City of Sebring; L. !'HISTORIC PROPERTY" — A structure, site or monument, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of its value to t City of Sebring for one or more of the following reasons: (1) it is an outstanding example of a structure representing its era; (2) it is one of the few remaining examples of a past architectural style; (3) it is a place or structure associated with an with an event or person of historic or cultural significance to the City of Sebring; or (4) it is a site of natural or esthetic interest that is continuing to contribute to the cultural or historical development and heritage of the City of Sebring. M "MATERIAL CHANGE IN APPEARANCE" — A change that will affect the exterior architectural features of a Historic Property or of any structure, site or monument within a Historic District a d may include any one or more of the following: (1) a reconstruction or alteration of the size, shape, or facade of a Historic Property, including relocation of any doors or windows or removal or alteration of any architectural features, details, or elements; (2) demolition of a Historic Property; (3) commencement of excavation; (4) change in the location of advertising visible from the public way or any Historic Property; or (5) the erection, alteration, restoration, or removal of any building or other structure within a Historic District, including wall, fences, steps, pavements or other appurtenant features, except exterior paint alterations. 3 Comments by Robert Keefe: 3. Should there be restrictions /requirements to any exterior painting of any structures within a historic district? Response: Most historic districts I am aware of do not limit exterior paint alterations. The significance and character of a historic or architecturally significant structure is not usually determined by the nature of the paint placed on the structure, but rather the vnore substantive character of all or parts of the structure itself. N. "PERSON" — Includes any natural person, corporation, or unincorporated association. 0. "UNDUE ECONOMIC HARDSHIP" — An exceptional financial burden that would amount to the taking of property without just compensation, or failure to achieve a reasonable economic return in the case of income producing property. SECTION 3. HISTORIC PRESERVATION COMMISSION. There is hereby created the "Sebring Historic Preservation Commission ", consisting of a seven members (four professional and three lay members) all of which shall be residents of the greater Sebring area, such area being defined as an area being within five miles of the City limits of the City of Sebring as the same may exist from time to time. The initial members of the commission shall be appointed by the Mayor of the City of Sebring, upon approval of the City Council, for staggered terms as follows: One professional member to be appointed for a term to expire on the first Tuesday in January 1991; one lay member and one professional member to be appointed for a term to expire on the first Tuesday in January 1992; on lay member and one professional member to be appointed for a term to expire on the first Tuesday in January 1993 and one lay member and one professional member to be appointed for a term to expire on the first Tuesday in 1994. Upon the expiration of each term, a successor shall be appointed by the Mayor, upon approval of the City Council, to fill such vacancy, for a term of four years. Other vacancies in office shall be filled by appointment of the Mayor, upon the approval of the City Council, for the remainder of the unexpired term, within 60 days after the creation of the vacancy. To the extent available in the greater Sebring area and willing to serve, professional members shall be appointed from the disciplines of Architecture, Landscape Architecture, Accounting, Building Design, History, Architectural History, Planning, Archaeology, Real Estate Development, Law, Building Construction, or other historic preservation related disciplines such as Urban Planning, American Studies, American Civilization, Cultural Geography or Cultural Anthro- pology. In the absence of the availability or willingness of such professionals, lay persons shall be appointed to the professional positions if they have demonstrated special interest, experience or knowledge in History, Architecture, or related disciplines. Comments by Elbert Batton 1. Consider appointing two members that are long -time residents, 50 years plus, and who have a good knowledge of, and interest in, the history of Okeechobee County. Response: The composition of the Commission is always a local matter and the above could certainly be considerations. The listing of the "disciplines" suggested in this ordinance does not mean that these persons need be professionals only that they have certain types of experience and interest. 4 2. Reach out and include the County as far as possible. Response: 1 awt not aware as to whether or not the County has a Historic Preservation program. If it does. Certainly the City should avail itself of the County's experience. S:cTION 4. MEETINGS, NOTICE. Commission meetings shall occur at regular intervals, i ut no less than four times each year. All meetings of the commission shall be open to the public. nutes of all Commission meetings, including reasons for decisions, shall be kept on file and avail ble for public inspection pursuant to Florida Statutes. All applicants shall be given written notification of decisions of the Commission. Four members shall constitute a quorum for meet gs and an affirmation vote of a majority of members present at any meeting shall be necessa Ifor any action to be taken by the Commission. Appropriate local officials, owners of record, a 4 applicants shall be notified of proposed Commission actions. Commission members shall ser a without compensation, but shall be reimbursed for expenses necessarily incurred in the performance of their duties, subject to prior approval of City Council. S$CTION 5. AUTHORITY OF THE COMMISSION. The Commission is authorized to: (1) Annually elect one of it's members to serve as chairperson and create and fill such other offices as it may deem desirable; (2) Prepare an inventory of all properties within the City having the potential for designation as historic properties; (3) Recommend to City Council specific places, district, sites, buildings, structures or monuments to be designated by ordinance as Historic Properties or Historic Districts; (4) Review applications for Certificates of Appropriateness and approve or deny them; (5) Establish specific guidelines under which certain applications for Certificates of Appropriateness, which do not substantially affect the exterior of a building, may be reviewed and approved or denied by staff; (6) Review proposed alterations, relocations, demolitions and reconstructions of Historic Properties and properties within the Historic District in the City of Sebring; (7) Review proposed National and State Register Nominations within the City of Sebring; (8) Recommend to the City Council when the designation of any area as a Historic District should be revoked or removed; (9) Conduct educational programs on Historic Properties located within the City of Sebring; (10) Make such investigations and studies of matters relating to Historic Preservation in the City of Sebring as may, from time to time, be necessary or appropriate for the purpose of preserving historic resources; (11) Seek out state and federal funds for Historic Preservation and make recommendations to the City of Sebring concerning the most appropriate use of any funds so acquired; 5 (12) Submit to the Division of Historical Resources, Department of State, State of Florida, lists of Historic Properties or Historic District to be designated; (13) Perform Historic Preservation activities as an official agency of the City of Sebring Historic Preservation program; (14) On behalf and for the City, receive donations, grants, funds, or gifts of Historic Property, upon approval of the City Council; (15) \Review and make comments to any State or Federal Historical Preservation office concerning any other nomination of properties within the City of Sebring to any Register of Historic Places; (16) Recommend zoning and building code amendments for Historic Properties and Districts to the City Council for referral, if it deems appropriate, to the Planning and Zoning Board; (17) Adopt rules for the transaction of its business and consideration of applications, provide for the time and place of regular meetings and for the calling of special meetings; and (18) Any other function which may be designated by resolution of City Council. SECTION 6. DESIGNATION OF HISTORIC DISTRICTS AND PROPERTIES A. Boundaries of Historic Districts. Boundaries of Historic Districts shall be specified on tax maps and shall be described in the separate ordinances designating such districts. The properties within such Historic Districts shall be evaluated and classified as follows: (1) CONTRIBUTING HISTORIC — more than 50 years old and possessing architectural, cultural or historical significance or contributing character; (2) CONTRIBUTING NON - HISTORIC — less than 50 years old, yet possessing architectural, cultural or historical significance or contributing character; (3) NON - CONTRIBUTING — less than 50 years old and which do not contribute to the historical character of the district. B. Application for Designation. Any historical society, neighborhood association, property owner or group of property owners may apply for designation of a Historic District or a Historic Property upon a form provided by the Commission. Designation may also be instituted by the Commission or the City Council. C. Required Public Hearings. The City Council shall hold a public hearing on each proposed designation. Notice of such hearing shall be published at least once each week for two weeks in a newspaper of general circulation within the City of Sebring and written notice of the hearing shall be mailed to all owners and occupants of the subject properties, all at the expense of the applicant. The last notice shall be published and the notice shall be mailed not less than seven nor more than 20 days prior to the date set for the public hearing. A notice sent by United States mail, postage prepaid, to the last known address of the occupants and owners of the properties, as shown on the latest tax roll and a current utility bill shall constitute legal notification under this ordinance. The notification of the property owners and occupants shall describe the property to be designated, shall set forth the names of the owners of the property and shall provide that a Certificate of 6 Appropriateness will have to be obtained from the Historic Preservation Commission prior to any material change in the appearance of the property if it is so designated. All designations shall be made by City Council by ordinance adopted as provided by law. D. Des' rations. The criteria for the designation of Historic Properties and Historic Districts shall be that su property or districts must have significant character, interest or value as part of the historical, cultural, archaeological, aesthetic, or architectural heritage of the city, and shall meet one or more o the following criteria; (1) (2 HISTORICAL OR CULTURAL SIGNIFICANCE: A. Is associated in a significant way with the life or activities of a major historic person; or B. Is the site of a historic event with significant effect upon the community, city, state, or nation; or C. Is associated in a significant way with a major historic event whether cultural, economic, military, social, or political; or D. Exemplifies the historical, cultural, political, economic, or social trends of the community; or E. Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the city. Comments by Robert Keefe 1. RE: E, above. Who will determine a structure's significant association? This should be delineated. Response: This is one of the roles of the Historic Preservation Commission which recommends properties for designation to the City Council which then makes the final decision. The Commission would base its recommendation on the extent to which the property meets this and the other criteria. ARCHITECTURAL SIGNIFICANCE: F. Portrays an era of history characterized by one or more distinctive architectural styles; or G. Embodies those distinguishing characteristics of an architectural style, or period, or method of construction; or H. Is an outstanding work of a prominent designer or builder; or I Contains elements of design, detail, materials or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the City's environment; or 7 (3) AESTHETIC SIGNIFICANCE: J. By being part of or related to a subdivision, park, environmental feature, or other distinctive area, should be developed or preserved according to a plan based on a historic, cultural, or architectural motif; or K. Because of its prominence or spatial location, contrasts of siting, age, or scale, is an easily identifiable visual feature of a neighborhood of the city and contributes to the distinctive quality or identity of such neighborhood or the city; or (4) ARCHAEOLOGICAL SIGNIFICANCE: 1. Has yielded, or may be likely to yield, information important in prehistoric history or history. E. Notification of Adoption of Designation. — Within 30 days following the adoption of the designation, all owners and occupants of each designated Historic Property and of each property within each designated Historic District shall be given written notice of such designation by the Commission, which notice shall apprise said owners and occupants of the necessity of obtaining a Certificate of Appropriateness prior to the undertaking of any material change in appearance of the Historical Property or any property within the Historic Districts. F. Notification of Other Agencies. — The Commission shall notify all appropriate agencies within and without the City of Sebring and Local historical organizations of such designation. Elbert Batton Comment: When a property is designated as historical property it should be listed with the Clerk of the Court, so that a potential buyer, when doing their due diligence, will know that it is listed as historical and cannot be demolished without a certificate of appropriateness. Response: It is always a sound idea to ensure that there is full disclosure when a structure or property is limited in its use in some manner. Whether or not it needs to be recorded with the Clerk of Court should probably be handled by the City Attorney. G. Moratorium on Building or Demolition Permits Pending Determination of Request for Designation. — If a proposal for designation is being considered, demolition and moving permits in regard to that property for a period of up to six months while the Commission and City Council considers the appropriateness of designation. The owner of the property shall have the right to obtain a permit, irrespective of the existence of the moratorium, if the owner applies for and obtains a Certificate of Appropriateness from the Commission, as if the property had been so designated. 8 SECTION 7. APPLICATION FOR CERTIFICATE OF APPROPRIATENESS. A. Alterat ons of Existing Buildings, Sites and Monuments. — After the designation by ordinance of a Historic Property or Historic District, no material change in the exterior architectu al features or material change in the appearance of such Historic Property or of any struct re, site or monument within such Historic District, shall be made or permitted to be made less or until application for a Certificate of Appropriateness has been submitted to and ap roved by the Commission or, under specific conditions, it's staff. All alterations shall con rm to the plans submitted and approved, except as provided herein. B. New Construction within Historic District. — No new construction shall be begun within a Historic Iistrict until an application for a Certificate of Appropriateness has been submitted to and approVed by the Commission. New construction shall conform in design, scale and setback to the character of the Historic District as specified in the Commission's Design Guidelines. C. Demol tion or Relocation A • • lications. — Anyone requesting a permit to demolish or relocate a tructure within a Historic District or any structure that has been classified as a Historic P operty shall first apply to the Historic Preservation Commission for a Certificate of Appropri. eness. D. A • • li : tion. — Applications for Certificates of Appropriateness shall be on such forms as may be designate • by the Commission and be accompanied by such drawings, photographs or plans as may be required • the Commission. The application shall also include the post- demolition and /or relocation plans for e property and the plans and specifications of any building that will replace the structure. E. Delegation of Review Authority. — The Commission may establish specific guidelines within which its Staff may issue Certificates of Appropriateness without review by the Commission. Should an application be denied by staff, the same shall be referred to the Commission for further consideration as if it were a new application. F. Revie b Commission. — The Commission shall review all applications which are not subject only to staff re iew and all applications which are not approved by staff within the guidelines established by the Co ission for staff approval. After such review, the Commission shall either: (1) Approve the application and issue a Certificate of Appropriateness if it finds that the p bposed changes in the appearance would not have a substantial adverse effect on the H storic Property or the Historic District. In making this determination, the Commission s all consider, in addition to any other appropriate factors, the historical and architectural st le, general design arrangement, texture and materials of the architectural features involved, and the relationship thereof to the architectural style and pertinent features of the other structures in the immediate neighborhood. or (2) Deny the application and not issue a Certificate of Appropriateness if it finds that the proposed changes in the appearance would have a substantial adverse effect on the esthetic, historic or architectural significance and value of the Historic Property or the Historic Dlistrict or if it finds that insufficient information, plans or specifications have been submitted by applicant. G. Time Limit on Making Decisions. — A decision shall be made by the Commission within 90 days after the filling of a complete application. Failure of the Commission to act within such 90 days shall constitute approval and a Certificate of Appropriateness will be promptly issued thereafter, This time limit may be waived at any time by mutual written consent of the applicant and the Commission. 9 H. Decision of Denial in Writing. — In the Event the Commission denies the application, it shall state its reasons for doing so in writing, and shall transmit a record of such actions and reasons to the applicant and the City Council. The Commission may also suggest any alternative course of action it believes proper and the applicant, if he or she so desires, may modify the plans and resubmit the application. SECTION 8. APPEALS. Any person adversely affected by any decision of the Commission may appeal such decision to City Council, in writing, within 30 days after the decision is rendered. City Council may approve, modify or reject the decision of the Commission upon such appeal. Appeals from any decision of the City Council may be taken to Circuit Court in the manner provided by law. Les McCreary Comments I have tried to research this matter a little bit and review it a few times before putting any pen to paper, so to speak. I want to do the best we can to frame up an ordinance that establishes a mechanism for the preservation of historic property in Okeechobee, while being as considerate of tax payers and private property owner's interests as possible. I am also interested in coming up with something that will foster a cooperative spirit in preserving such property and that will lead to a betterment of the community in general. Some communities have been very successful with this and I would like to see Okeechobee achieve similar success. If we are not careful though, we can inadvertently create a mechanism that simply inhibits growth and community support/ involvement. With that in mind, I would like to have the following points considered /researched as we attempt to frame up our controlling mechanism for historic preservation. The Sebring ordinance no. 824 does seem to present a good foundation. However, I believe that a few points could be improved upon as we seek to apply this to the Okeechobee community. These points address Sections 9, 12, 18 and 20 with some general comments at the end. SECTION 9. VARIANCES. Where by reason of unusual circumstances, the strict application of any provision of this ordinance would result in exceptional practical difficulty or undue economic hardship upon any owner of a property, the Commission may vary or modify strict adherence to said provision so as to relieve the difficulty or undue economic hardship, providing such variance does not detract from the general purpose and intent of this ordinance and so long as the architec- tural or historic integrity, or character of the property, shall be conserved. In granting such variances, the Commission may impose such reasonable and additional conditions a will, in its judgment, best fulfill the purpose of this ordinance. An undue economic hardship or exceptional practical difficulty must be unique to a specific property, shall not have been created by an owner or occupant of the property and the granting of the variance must not create a conflict with any other city ordinance. If a property owner is able to demonstrate, to the Historic Preservation Commission's reasonable satisfaction, that a Historic Property, or a structure located in a Historic District, is inca- pable of earning an economic return on its value, as appraised, and the Commission has otherwise refused to issue a Certificate of Appropriateness for demolition, a variance will be granted and a permit for demolition will be issued after the delay established on the schedule set forth below. Such delay shall begin upon the granting of the variance and a notice shall thereafter be promptly posted on the premises, at a location clearly visible from the street, of sufficient size and language so as to give interested persons within the city, including historical societies or organization, the opportunity to attempt to acquire or otherwise arrange for the preservation of such structure. The delay shall be: 10 A. For buildings rated Contributing Historic 12 months; B. For Buildings rated Contributing Non - Historic 12 months; and C. For buildings rated Non - Conforming no delay, The Com ission may at any time during such stay approve a Certificate of Appropriateness, in which ev nt the permit for demolition shall be issued without further delay. Ls McCreary Comments This section seems to add wording to the established definition of economic hardship b stipulating that it, "shall not have been created by an owner or occupant of the p operty ". This verbiage is too vague and can be interpreted too subjectively to afford 1 pftoper consideration to any particular situation. We have had unrelated matters bought before the board where this type of wording prevented a stumbling block for the board. A suggestion would be to remove this added wording. Also, this section goes on to say that a variance "must not create a conflict with any other city o dinance ". This verbiage is too broad. Suggested wording such as "conflicts with o her ordinances may be considered when rendering variances" might work better. Response: I understand the concern, Hoard's responsible for considering variances fPtequevtt(y wish to take into consideration factors that seem humane or sensitive to ant individual's problems. However, every section of any code with which I am fcwtiliar, dealing with the issuance of a variance, without exception, has a provision that requires that the reason for the variance not be based on an action taken by the owner which caused the situation for which the variance is being requested. T'tking an extreme example, if one were to have built, without having obtained a bµi(ding permit, an elevator on the outside of a historically designated structure, a d then cawte before the Covvtwtission for a variance to allow the elevator, the ✓ riance could not be granted because the owner caused the problem. ith regard to conflicting with another city ordinance, no appointed or elected bard or commission has the authority to approve an action that would violate another of the city's laws. SECTION 10. CHANGES IN APPROVED WORK. Any change in work proposed subsequent to the issualce of a Certificate of Appropriateness shall be received by the Commission's staff and, if the staff finds that the proposed change is minimal and does not materially affect the aesthetic character, or is otherwise in accordance with guidelines established by the Commission, it may approve the change, otherwise a new application for a Certificate of Appropriateness will be required. SECTION 11. DURATION OF CERTIFICATE OF APPROPRIATENESS. Certificates of Appropriateness shall be valid for a period of eighteen months and shall be renewable for good cause shown. Any Certificate of Appropriateness upon which construction has not been commenced within six months from the date of issuance shall be canceled and shall be of no further force or effect. 11 SECTION 12. MAINTENANCE AND INTERIOR ALTERATIONS. Nothing in this ordinance shall be constrled to prevent the ordinary maintenance of any exterior element of any building or structure which does not involve a change of design, appearance, or material and which does not require a uilding permit. If the Commission determines that any Historic Property or any structure within a istoric District is endangered by lack of ordinary maintenance and repair to such extent that it de acts from the desirable character of the Historic Property or Historic District, the Commiss n may request the Building Official, the Code Enforcement Officer or any other approprie official or agency of the city to require correction of such deficiency under the authority and procedures of applicable ordinances, laws and regulations. Les McCreary Comments D spite the title, this section seems to only address exterior elements. A suggested c ange to "Maintenance and Exterior Alterations" might be in order. Also, where it is s ted, "and which does not require a building permit ", we may want to consider this further. Tiese days, permits are required for everything including A/C work, re- painting, re- rchofing, etc... If a private owner needs to re -roof and is not materially changing the a pearance, will they be required to obtain the permit and also go through an historic p servation committee review? If that is the intention, then the wording should stay as is. H wever, it may be more efficient to simply have all such matters involving historic property r Mewed for "material change ", prior to issuing a permit. If there is any doubt that the b ilding official cannot clarify, then a separate historical committee review may be in order. R sponse: I agree entirely with the first statement. Local Historic Presevvation rdinances seldom, if ever, limit internal modifications to a historically or architecturally significant structure. Our ordinance should clearly state so. On the second point, however, the point is that when a building permit is required Fcpr external changes, the work may be of a nature that would alter the historic or architectural character of the structure and should be reviewed and approved beforehand. Once the work is done, it is very difficult to return the structure to its earlier state. To my knowledge, most communities do not require a building permit for exterior painting and painting is specifically excluded from the need for Commission approval. Building permits are typically required for sovvte forest of electrical, plumbing or interior or exterior structural change. SECTIO 13. UNSAFE STRUCTURES. In the event the Building Official determines that any Historic roperty or any structure within a Historic District is unsafe, pursuant to the City Code of Ordinan es the Building Official will immediately notify the Commission and submit to them copies o his findings. Where appropriate, and in accordance with applicable ordinances the Building Official will attempt to have the structure repaired rather than demolished, and will take into con ideration any comments and recommendations by the Commission. The Commission may also endeavor to negotiate with the owner and any interested parties, providing that such actions do not interfere with the Building Official's duties and within such reasonable time limits as may be established by the Building Official. 12 SECTION 14. EMERGENCY CONDITIONS. For the purpose of remedying emergency conditions determined to be eminently dangerous to life, health or property, nothing contained herein will prevent the making of any temporary construction, reconstruction, demolition or other repairs to a Historic Property or a structure within a Historic District. Such temporary construction, reconstruction or demolition will take place pursuant to permission granted by the Building Official, and then only for such work as the Building Official may determine to be reasonably necessary to correct such condition. The owner of a Historic Property or an improvement in a Historic District which is damaged by fire or natural calamity will be permitted to immediately stabilize the improvement and to rehabilitate it later under the procedures required by the ordinance of the City of Sebring, so long as said property is secured to the satisfaction of the Building Official and,a permit is obtained to commence restoration within such time period as deemed reasonable by the Building Official. The owner may request a special meeting of the Commission to consider an application for a Certificate of Appropriateness which would provide for repairs of a more permanent nature. SECTION 15. DEMOLITION BY NEGLECT. In the event that the Commission reasonably believes that a Historic Property or a structure or building in a Historic District is being demolished by neglect, as defined by this ordinance, the Commission shall notify the owner of record by certified mail of its preliminary findings and its intent To hold a public hearing within 30 days to determine evidence of neglect. The owner shall have until the time of the public hearing to make necessary repairs to rectify the evidence of neglect as identified in the notice. If the owner fails to rectify the structural, health or safety hazards identified in the initial notice within such 30 days, the Commission shall hold a public hearing to consider recommending to the Code Enforcement Officer that the owner be issued a citation for code violation. The owner shall have the right to any rebuttal at that public hearing. If the Commission finds that the structure is being demolished by neglect pursuant to this ordinance, the Commission shall recommend to the Code Enforcement Officer that the owner be issued a citation for code violation and that penalties be instituted pursuant to the Code Enforcement Officer and /or this ordinance. SECTION 16. ENFORCEMENT, VIOLATIONS AND PENALTIES. (1) The Historical Preservation Commission, the City of Sebring Building Official and /or the Code Enforcement Board are hereby designated and authorized to enforce the terms of this ordinance. (2) Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be required to restore the subject improvement, feature or site in accordance with a Certificate of Appropriateness approved by the Commission and shall be punished as provided in Section 1 -8 of the Code of Ordinances of the City. 13 SECTION 18. EXISTING BUILDING CODES. Nothing in this ordinance shall be construed as exempting any property owner from complying with existing or future city building codes, nor as preventin any property owner from making any use of his property not prohibited by other statutes, o dinances or regulations. L s McCreary Comments T is section denies exemption from existing and future building codes. This may b a potential mistake to adopt. In many historic buildings, non - conformities r Utinely exist, as they were built before current codes were adopted. As a result, s me historic properties have never been in strict compliance. As such they would r main "legally nonconforming." I think that, barring true eminent safety issues, we s ould strive to exempt such properties to whatever degree possible in order to fo ter the preservation effort. ROsponse:. I agree with the very last sentence to the extent that a building may nef1t be required to retrofit to meet certain current or future building codes. H wever, when repairs are made or the structure undergoes rehabilitation, any w rk done should be to code. Most of the building code requirements relate to t ings that are not visible on the exterior of the building, which is what local hi tonic preservation ordinances address. SECTIO 19. SEVERABILITY. In the event that any portion of this ordinance shall be declared or adjudged nvalid or unconstitutional were not originally a part hereof. SECTIO 20. AFFIRMATION OF EXISTING ZONING. This Historical Preservation Ordinance is not a use rdinance and all City of Sebring zoning laws remain in effect unless and until specifically modified. Les McCreary Comments The way that this section is written, we should establish something similar to above, in sqiction 18 for zoning. If a property is/was used for a non - conforming activity, why now limit Oat in the effort to preserve the historical aspect of it? Further, why limit the use for the next oNI/ner? It may prove to be difficult to preserve what is historic and comply with what is Modern at the same time. An example might be that if a historic property owner has a non- conforming bed & breakfast business, would it not benefit the effort to allow any s bsequent owner to continue to run the same sort of business. And, along that same li e, would it not be beneficial to allow a subsequent owner to transition that business t a small scale breakfast or lunch restaurant, without the lodging, even if this is still non- conforming? Response: I understand the intent of the above comment. However, until one determines what specific structures or areas are historically or architectural significance, the Historic Preservation Ordinance should avoid use issues. The preservation of a historic structure or district does not get involved with the uses that are allowed within those structures or areas. It deals only with the exterior appearance of those structures or areas. If, in the future, a situation(s) should arise that are critical to the preservation of a particularly significant structure, this /these could be addressed specifically at that time. 14 Les McCreary General Comments Apart from what is already included in the Sebring ordinance, we may want to consider some other things to be added to our Okeechobee ordinance. We might want to consider incentives that will help to muster public support and confidence in the effort. Tax relief of some sort for historic properties Assistance to achieve funding for improvements to historic properties Grants for maintenance, improvement and other related preservation matters Relaxation of certain zoning, codes and ordinance for historic properties including things such as parking, setbacks, green space requirements, signage, ADA requirements, etc... With respect to the ADA, there are provisions for reasonable levels of equivalency for, and under special circumstances exemption from, accessibility mandates. I believe that the real objective, for which this matter has been revisited, is to very simply prevent historic buildings from being demolished without any opportunity to preserve them. A change to the demolition permit process that requires the building official to go to the site and identify the building, is a very good measure and may already be in place. A method for "officially" identifying historic property would logically seem to follow. The leap to a full blown historic preservation ordinance is far more reaching. Therefore, I would like to encourage a slow and careful approach toward the drafting of an ordinance that will best serve the community of Okeechobee. It would be easy to quickly adopt an ordin- ance that seemed to be successful somewhere else, but such an ordinance might not be the best for our town. Response: These are all good and interesting comment that should be discussed and passed along to the City Council. 15