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2015-06-18
32 (/ltL Pieneeting Spite& 64..1ef I. CALL TO ORDER - Chairperson. Regular Meeting, June 18, 2015, 6:00 p.m. 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 JUNE 18, 2015 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. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the May 21, 2015, regular meeting. V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. PAGE 1 OF 7 TI' ;CUSSIC Chairperson Hoover called the June 18, 2015, regular meeting to order at 6:02 p.m. Board Secretary Burnette called the roll: Present Present Absent (with consent) Present Present Present Absent (with consent) Present (moved to voting position) Present (moved to voting position) Present Present Present Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There being none the agenda stands as published. Member Brass moved to dispense with the reading and approve the Summary of Board Action for the regular meeting of May 21, 2015; seconded by Member Keefe. There was no discussion on this item. VOTE HOOVER - YEA MCCOY - YEA JONASSAINT -YEA MCCREARY - ABSENT BATTON - ABSENT KEEFE - YEA BAUGHMAN - YEA BRASS - YEA O'BRIEN - YEA MOTION CARRIED. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING (QUASI- JUDICIAL) AT 6:03 P.M. V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. A. Petition No. 15- 004 -SE, to allow an outdoor vehicle sales lot within an Industrial Zoning District (Ref. Sec. 90 -343 (9)) for property located at 1000 NW 9`h Street, containing approximately 1.08 acres. The proposed use is for a used car sales lot (Exhibit 1). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 15- 004 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. JUNE 18, 2015 - PLANNING BOARD - PAGE 2 OF 7 33 cursor Special Exception Petition No. 15- 004 -SE, requesting to allow an outdoor vehicle sales lot within an Industrial (IND) Zoning District (Ref. Sec. 90 -343 (9)) for property located at 1000 NW 9t Street, containing approximately 1.08 acres. The proposed use is for a used car sales lot. 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. Alejandro Estremera of 9685 Northeast 16`h Street, Okeechobee, Florida. Chairperson Hoover yielded the floor to Planner Brisson, who explained the property has previously been used for storage and has buildings for warehouse and office uses. The proposed car sales lot will be opened from 10:00 a.m. to 6:00 p.m. Monday through Friday and for cleaning cars on Saturday from 10:00 a.m. to 3:00 p.m. The applicant has stated that the proposed business will be mostly conducted by appointment with about half the sales to be wholesale to other dealers and auto auctions. 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 Staffs responses to the applicant's presentation on consistency with the LDR's are, the location and site are appropriate for an outdoor vehicle sales lot, the property is located within an area designated on both the Future Land Use Map and the Zoning Map for industrial uses. No specific design efforts are needed, no special visual screening is necessary for the northern, southern, or western boundaries, as all these surrounding properties are designated and/or used for industrial uses. As long as any vehicles stored along the eastern boundary are not large, construction type vehicles or unsightly, no special visual screening will be necessary there either. There should be no potential hazards associated with the proposed use, it would seem apparent that utilities are available and specifics will be addressed during the site plan review stage. The site has an existing unpaved wide driveway on Northwest 9th Street, given the size of the property, and the limited amount of traffic expected, should be capable of handling both on -site and off-site traffic. Planning Staffs responses to the applicant's presentation on the required findings are , the proposed use is not contrary to the Comprehensive Plan. Outdoor vehicle sales lot is specifically listed as a Special Exception use in IND Zoning. The proposed use will not have an adverse effect on the public interest, is appropriate for the proposed location, compatible with adjacent uses, and not detrimental to urbanizing land use patterns. The used car sales lot should not adversely 34 JUNE 18, 2015 - PLANNING BOARD - PAGE 3 OF 7 V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. A. 2. Hear from Planning Staff for Petition No. 15- 004 -SE continued. 3. Hear from the Property Owner or Designee /Agent - Alejandro and Janet Estremera. 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. affect property values or living conditions, nor be a deterrent to the development of adjacent property as they are either development or vacant industrial properties. There should be no potential hazards or nuisance associated with the outdoor display of vehicles and no need for specific screening will be required. 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 and these issues will be specifically addressed during the site plan review. In addition, the following special requirements must be met and will be addressed during the site plan review: Vehicle display areas may be grass or other surface but must be maintained in a sightly and dust free condition, the grass display areas are permitted only to the extent that they are identified on an approved site plan and such areas are in addition to the minimum 15 percent of the site that is required to be pervious, vehicles on display must be located at least three feet from any sidewalk or property line, and artificial lighting used to illuminate the premises must be directed away from adjacent properties and streets, shining only on the subject property. Mr. Estremera was present to respond to questions. Member O'Brien inquired as to whether there would be any gasoline or old batteries stored on site and Member Brass inquired about detergent runoff from washing the vehicles and noise that would be generated from the business. Mr. Estremera stated that there would not be hazardous materials used and there will be no loud machinery. Basically cars will be detailed and washed, run off has never been a problem in the past as he has never had a high number of cars at one time. He will not be on the lot all day as he plans to conduct business by appointment only, and there will be no noise after closing. Attorney Cook added there is a enclosed bay where repairs could be done in a separate building. 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 Brass made a motion to approve Petition No. 15- 004 -SE as submitted by Alejandro and Janet Estremera, to allow an outdoor vehicle sales lot within an IND Zoning District (Ref. Sec. 90 -343 (9)) for property located at 1000 Northwest 9th Street, Lots 1 to 3 and 18 to 20, Block 9, Northwest Addition, containing approximately 1.08 acres, for the proposed use of a used car sales lot with the following special requirements that must be met and that will be addressed during the site plan review: vehicle display areas may be grass or other surface but must be maintained in a sightly and dust free condition, the grass display areas are permitted only to the extent that they are V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. A. 6. a) Consideration of a motion to approve or deny Petition no. 15- 004-SE with /without special conditions. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. VI. UNFINISHED BUSINESS. A. Discuss potential Historic Preservation Regulations with Planning Staff (Exhibit 2). JUNE 18, 2015 - PLANNING BOARD - PAGE 4 OF 7 35 CUSySI.o. an approved site plan and such areas are in addition to the minimum 15 percent of the site that is required to be pervious, vehicles on display must be located at least three feet from any sidewalk or property line, artificial lighting used to illuminate the premises must be directed away from adjacent properties and streets, shining only on the subject property, in addition, that the Technical Review Committee (TRC) consider stipulations outlining storage of hazardous materials, chemicals and batteries, mechanical activities are to be conducted only indoor, and any rules regulated by the Department of Environmental Protection such as the disposal of waste oil and filters, be complied with so as to not cause any contamination, seconded by Board Member Baughman. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON - ABSENT BAUGHMAN - YEA BRASS - YEA JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA O'BRIEN - YEA MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:19 P.M. Mr. Brisson explained his memorandum dated May 12, 2015 in that previously, a copy of a Historic Preservation Ordinance for the City of Sebring was given to the Board Members to use as an example for them to provide comments. Each of the Boards' comments were compiled and inserted into the Ordinance immediately following the section they were addressing together with Mr. Brisson's comments. He advised the Board that he was there to further compile their suggestions in order to present a text amendment to the City Council. He was of the understanding that the Council was interested in knowing whether the Planning Board would recommend implementing historic preservation regulations. Chairperson Hoover expressed concern with saddling a private property owner with more restrictions and regulations. Member Baughman expressed his concern with government having more regulations, that it would discourage growth and not represent a positive statement. Member Brass agreed the City should start somewhere, but not to the extent of the tremendous hardship that the Sebring regulations offer. The constraints applied to some property owners would be hard as they may not be able to afford to restore the structure. Participation should be on a voluntary basis. The City needs to start protecting some of the historic assets or they will all be gone. More questions need to be asked and parameters and guidelines need to be established. Members Keefe and O'Brien suggested there were commercial buildings that should be listed as historical and believed regulations would be good for the community's tourism . Member McCoy expressed concern with where the funding would come from and what advantage the regulations would bring. 36 VI. UNFINISH A. VII. NEW BU A. JUNE 18, 2015 - PLANNING BOARD - PAGE 5 OF 7 �, .. r _ �..:��...�.�,,. ��.�.��._. �„ ,.. .�.,� .�, _.. �..._ �x. .��t�NDISCUSSION- wVOTE��.� =r ED BUSINESS CONTINUED. Discuss potential Historic Preservation Regulations with Planning Staff continued. He said there are already guidelines in the City's Code for properties located in the Central Business District that helped protect and preserve historical buildings. Member Jonassaint offered a citizen board should be established with a group of citizens that could analyze properties to see what could be done to preserve them. A letter was emailed to the Board Secretary from Member McCreary, which expressed his opposition to moving the proposed historic preservation regulations forward to the City Council. After much discussion, the following motion was made. Board Member Keefe made a motion to recommend the City Council create a historical preservation commission charged with identifying criteria and locating areas to be considered historical and to provide a vehicle for preservation on a voluntary basis, seconded by Board Member Jonassaint. Chairperson Hoover asked whether there was any further discussion. Board Member Brass made a motion to amend the motion on the floor by changing the word areas to properties, seconded by Board Member Baughman. VOTE ON MOTION TO AMEND HOOVER - YEA MCCOY - YEA BATTON - ABSENT BAUGHMAN - YEA BRASS-YEA JONASSAINT -YEA MCCREARY- ABSENT KEEFE - YEA O'BRIEN - YEA MOTION To AMEND CARRIED. VOTEON MOTION AS AMENDED (NESS. Clarification on prior approval for Special Exception Petition No 14- 003 -SE to allow wholesale, warehouse not including bulk storage of flammable liquids, and No. 14-004-SE to allow mechanical and repair services (Exhibit 3). HOOVER - YEA MCCOY - No BATTON - ABSENT BAUGHMAN • No BRASS • YEA JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA O'BRIEN - YEA MOTION CARRIED AS AMENDED. Chairperson Hoover yielded the floor to City Planning Consultant Brisson, who explained his memorandum dated June 15, 2015. Previously this Board approved Special Exceptions No 14- 003 -SE to allow wholesale, warehouse not including bulk storage of flammable liquids, and No. 14-004-SE to allow mechanical and repair services. The business intended to warehouse tires and operate a retail and wholesale tire sales business in combination with general auto repair. The applicant had indicated all of the above activities were to be conducted within the buildings. The applicant and owner of the business now requests to construct a tire cage to store used tires outside of the buildings. Outdoor storage JUNE 18, 2015 - PLANNING BOARD - PAGE 6 OF 7 37 . ....`t. , x 3^r >- > . - .. . . '4 +`}.F. . . .2 " .. ... .. _ _ �, . ._ � n . s 4 .. :. . ' . . , .. . : ._ .. .R, . ._ S dhP� . _ ,,5 s ,: �.. , . x . + . , . . z- ..x .. . < .€ .. ... ...._.., .. � .r F . . _ -t. ' ,. ty . . _ �.Sa . '_, . -s � .s. _.. . . . ,2 . _ . � � .._. s_>� "4•z .a$r.a. . .��.. N. . .. . .;. -.».. -� ? . .+ . >_ F. .. _ ..:. . . �a.'.'e_ .-+a .;.ms. N . . s,_ ... . .,r. . .. a_ . v . w. , . _ � _,�„ t � .r cSr., -.. ..a.i . . 3 X' 5, ... . �. _�_. , . . ._ . _.. .,z. _. _ ..: . . ...__ t .s, 3 .a .A. . x ,. G. _� .. _w. F E = -. . +� Zsr.�e%f zi � C _z 4E, r- ,. _.M , _ VII. NEW BUSINESS CONTINUED. A. Clarification on prior approval for Special Exception Petition No 14- 003 -SE to allow wholesale, warehouse not including bulk storage of flammable liquids, and No. 14- 004 -SE to allow mechanical and repair services continued. requires a special exception approval. The prior application that was submitted did not give the impression that the tires would be stored outside, though one would recognize that it is common practice for a business that sells and installs tires to temporarily store the old tires outside until they are picked up for disposal. Administrator Whitehall determined the appropriate approach to make sure an additional special exception approval for outdoor storage was not needed was to bring the matter before the Board for clarification. After a brief discussion among the Board, the consensus was they envisioned there would be outdoor storage of the used tires. Attorney Cook ask the Board to keep in mind there is another location in the City Limits that stores used tires from their business outdoors. At times there are quite a few tires piled up on the lot and the appearance is unsightly. A suggestion was made to cover the chain link fencing material with slats so as to block the view from the surrounding areas. Board Member Baughman made a motion to clarify that the previous Board action approving Special Exception No. 14- 003-SE to allow wholesale, warehouse not including bulk storage of flammable liquids, and No. 14- 004 -SE to allow mechanical and repair services, granted to the applicant, Mr. Aaron Feng, for the business located at 1127 SW Park Street, Lots 9 and 10, West 100 feet of Lot 11, Block 3, Southwest Addition, to permit activites typically found at tire sales business, specifically permitting outdoor storage of used tires. The structure for the outdoor storage must be enclosed, or if a chain Zink enclosure, covered with plastic slats so as to be not visible tot he public; seconded by Board Member McCoy. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON - ABSENT BAUGHMAN - YEA BRASS-YEA JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA O'BRIEN - YEA MOTION CARRIED. 38 VIII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any p decision made by the Planning Board /Board of Adjustment and Appeals considered at this proceeding, such interested person will need a record such purpose may need to ensure a verbatim record of the • roceedings is m the testimony and evidence upon which the appeal is to sole purpose of backup for official records. ATTEST: Patty M. urnette, Secretary son desires to appeal any ith respect to any matter the proceedings, and for de, which record includes ervices media are for the Hoover, Chairperson JUNE 18, 2015 - PLANNING BOARD PAGE 7 OF 7 DISCUSSIO There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:14 p.m. 1 4442014 Page 1 of City of Okeechobee Planning Board AND Board of Adjustment City Hall, 55 SE 3rd Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes June 18, 2015 I. Call To Order - Chairperson: Chair Hoover called the June 18, 2015, Regular Meeting to order at II. Chairperson, Board Member Staff Attendance - Secretary. p.m. III. Agenda - Chairperson. A. Chair asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. IV. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the May 21, 2015, regular meeting; seconded by Board Member Discussion: PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover Vice Chairperson McCoy Board Member Batton Board Member Baughman Board Member Brass Board Member Jonassaint Board Member McCreary Alternate Board Member Keefe V Alternate Board Member O'Brien l,, iv ,P Ct t"!' 1/1)41,u) Planning Consultant Brisson, Senior Planner Board Attorney Cook Board Secretary Burnette III. Agenda - Chairperson. A. Chair asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. IV. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the May 21, 2015, regular meeting; seconded by Board Member Discussion: X0144 Page 2 of VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN v BRASS JONASSAINT ✓ McCREARY KEEFE O'BRIEN RFSIJI TS. CARRIFD f1FNIFn V. CHAIR r OPENED THE PUBLIC HEARING (QUASI- JUDICIAL) AT P.M. A. Petition No. 15- 004 -SE, to allow an outdoor vehicle sales lot within an Industrial Zoning District (Ref. Sec. 90 -343 (9)) for property located at 1000 NW 9' Street, containing approximately 1.08 acres. The proposed use is for a used car sales lot (Exhibit 1). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 15- 004 -SE will be required to take an oath, respond, and give your full name and address). r: Sir c0,4i\r„ Pt(trICLI(2) ryLtx-k. 2. Hear from Planning Staff. uvp dpcy tiejut01-C, to (-04" Srma yaSS , sp off` )‘---4 Se0 70 —3/3( bj p 5 sIu have 1Q-U4/1 CU-A ,t OralAtt. - s have e C-11 WI' ,( 70 - 31 SCc)) ( 1) -(�� re ,0111 mu4s aTprovak tt)14-1-\ sCemc W-eet 11128f4± Page 3 of (/ CZ) Spe--1 ?tit" reoltrt_ts Ot Plait/ area.. ay-e. tt, 1f'JatI VOtictts orl ALS etek,A1 — 3 as DLL prcet4/4-71 L-) A.. boattfti_s OL)ho j 4.e.0v4- -54-bitek 04 (1-1c■ct51) tax tA)ct-sk)),-1 7)(to P 6C,ti-exerk, Aar, ho met oot„rz,, c 9-0- to Ilk tku2V, 4i.j p IA- Pv PLA-1. JL ettr- _ cr‘at,e_ ilA_V,C1/1 ux et tt_ 3. Hear from the Property Owner or Designee /Agent - Alejandro and Janet Estremera. IL's AkittACL1/1) Ckfl- `'L ` as -� on --fe fit:✓ vx �.L j / (,�- - K o 'd 0.h 06)6 K. • D6yis b aes6 no-) &ED m0 Ott ` Ot:e. L. q'(.t-Q 3-1-7 6y cL. 0O ) n,2sS b z( Cif Pi � daQ� r1 00-10.. +0 {tea o n oaf Mt CLCL yes , 44 Page 4 of vruCh a.rI Cam . &MC.. - iAne tt_N a-fr i f C1 D4,c. tL 64.-t.ULCL tfl 1 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. kilAS '111201.rPage 5 of 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 made a motion approve /deny Petition No. 15- 004 -SE, to allow an outdoor vehicle sales lot within an Industrial Zoning District (Ref. Sec. 9T--343 (9)) for property located at 1000 NW 9th Street, containing approximately 1.08 acres, for the proposed use of a used car sales lot, seconded by Board Member S e e�a=1 Re-cq a,ure, rYle14- or) 109 g 04 5 a Re P i t P b e an S. 1 c11Lr n a Ida -h o n a)-f-I'p u_t.a; 6 fir 0- t ma a i s 0 1 u i ca�(s <b oobtex i es ) Ka, z cor ou s t etrtca.,ru co I W i-t v t 4 e s -)Tc, h.,2- Co fkri-` em -eht-' 1 r1CO0Y oyt cki b) Board discussion. .1 it s ada /ClJ CL? WC hC;VI 40 t ad:" CU 0e41, opt I / i t k4 a_c_n, p 1:e.Lt- co) t--1-., 4. 0) 44 --t_ Oa A-A._ tr c) Vote on motion. 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SZT CO co 0 0 / E 7 CL C/7 cn CD • JUNE 18, 2015 - PBIBOA AGENDA - PAGE 2 OF 2 a) 0 o .3 O 0 c a) 0 U -p ._ 0 (B 0 o CO a) T T 0 C cn O C O O .9.. 0 a) LU -E Q Z c E ,(1 ,3 .0 E U 0 0 c ) U o W O 0 L J d N Q C w 0 0 U a) C (n a E O .0 a) 0 ov = o 'n N U O "O Q _ c as 0 0 0 m 0 Qvui(c W U m CL Vote on motion. al -0 U CLOSE PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. (3 E E (6 0 Ca 0 0) 0) c c 0 a) 0 .0 a) 03 u7 a) 0 O m :a 0 x W N w M c> co 0 CO 0) E O N D... o -0 X 3 d W C O 0 O - U x cOn a) W L.- • CC C ' Q U O a Ca CO C cn a) ra O U n- o_ E U O_ U C- a) (n (° E O Q o m N0 O Z o O W > o ,„- o m W 4000 N W p Z U 2 N N CO Z W Q u d Z z > > ADJOURN - Chairperson. o m - a c a a 0 • S ti. E o xn n m co � a a '0' - E C ` E CO a C0 a) H o .m., o N o CD CO Co 0 - - ;0 ° V 0 m o 63 00 0 CD n 3 Y o 0 h a -Z.- ill Cs 0 0 a) O 0 CO c () E a) .0 o o.. 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Z ao m o o C) ti .3 =° o O o a C 0) ' 0 U y ,s n a c h `m co o O c a Cr a) m a) 0 0 a> 07 (1.1 p O E Lt .yE m0 a m aa> >, E am) . z m m m Cl_ m c0> a 0 Q w s o (sLcitAjon dolAt 12A.Q.v` Li8o4J_ .i, 1, /�•,1G ,S (�Q�.C�/ ¢,rCp rJ �,��iY1 vx3L,Ira (ar,p9k,,o,19-- evyv\ d„, U"0 V I c �,�. `t`llv`c,,J)Uj � �� � - 54))t-dLaTL 7,61s),,e_ 6-6 u'LeCi (.1A b4A---crL Ar-tre_ ‘‘)--12- fiA-,J cy2A7 tk 61-1_ a.c),:vv - AA-AK yy,cA0SwL2� GvJ2� uI �`�n f1� � c /.2,E� '44-'6- tiY,;46 CiL , To: Planning Board Members From: Board Member Les McCreary Subject: Historic Preservation Regulations /Ordinance Date: June 15, 2015 Dear fellow board members, Unfortunately, l am unable to attend this months meeting. Without being able to participate in further discussion on the matter, I would like to state that 1 am opposed to moving the proposed historic preservation ordinance forward to the City Council. 1 am not yet convinced that it would be in the best interest of our particular community to do so. I think, in general, we should always be extremely cautious about enacting further governmental control to achieve our goals. Community support and participation seems to make for a better atmosphere and sustained long term results. The mere fact that property is `old" does not always merit preservation. The significance of the property and especially its significance to the entire community should be the guiding factor. And, it is those types of properties that often and easily receive the support. I believe we can work to identify such properties and find amicable paths to inclusion in the Historical Register. I also believe this can be done cooperatively with the owners and other community members without enacting further ordinance. Especially in our town of Okeechobee, 1 think that this is the better spirit in which to do things. Thank you, Les McCreary Planning Board /Board of Adjustment and Appeals Meeting June 18, 2015 Name Address 4 Led-AND Ro IIthEPENDENT 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 , 1 �} /1(lk- 6.4'rz-. in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. G-1.,- efiA, = Katrina Elsken Sworn to and s tbscribed be re me this 144 day of ,t,(,Mc-Q, b 15 AD Notary Public, States of Florida at Large ANGIE BRIDGES ri MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 ,F F. Bonded Thru Notary Public Underwriters PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE IS HEREBY GIVEN that a QUASI- JUDICIAL PUBLIC HEAR- ING will be held before the City of Okeechobee Board of Adjustment on Thu Jun 18, 2015, 6 P14, or as soon thereafter as possible, at Gty Hall, 55 SE 3rd Ave, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Special Exception Petition No. 15- 004 -SE, submitted by property owner(s), Alejandro and Janet Estremera. The request is to allow an outdoor vehicle sales lot within an Industrial Zon- ing District, Ref. Code Book Section 90- 343(9). The proposed use is for a used car sales lot. The Property consists of 1.08* acres, located at 1000 NW 9th St. Legal: Lots 1 to 3 and 18 to 20 of Block 9, Northwest Addition to Okeechobee, according to the plat thereof recorded In Plat Book 1, Page 25, of the Public Records of Okeechobee County Florida; al- so, that certain alleyway running from East to West Tying between Lots 1 to 3 and Lots 18 to 20 of Block 9, Northwest Addition to Okeechobee, according to the Plat thereof recorded In Plat book 1, Page 25, of the Public Records 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 is 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 decision made by the Board with respect to any matter considered at this meeting wit need to ensure a verbatim record of the proceeding is made and the record includes the testi- mony and evidence upon which the a al 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 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 copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. by: Zoning Administrator Brian Whitehall, Petition No. 15- 004 -SE 471258 ON 5/31/2015 INDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863 - 763 -3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 6 /(a /fs- Afiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to an4 subscribed b ore me this JO k y ZiAA Notary Public, State of Florida at Large "�''• AD ANGIE BRIDGES 'Id ,o ;.: MY COMMISSION # EE 177653 W. : EXPIRES: April 20, 2016 '1 ,lia Bonded Thru Notary Public Underwriters PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE IS HEREBY GIVEN that a QUASI - JUDICIAL PUBLIC HEAR- ING will be held before the City of Okeechobee Board of Adjustment on Thu Jun 18, 2015, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Special Exception Petition No. 15 -004 -SE, submitted by property owner(s), Alejandro and Janet Estremera. The request is to allow an outdoor vehicle sales lot within an Industrial Zon- ing District, Ref. Code Book Section 90- 343(9). The proposed use is for a used car sales lot. The Property consists of 1.08± acres, located at 1000 NW 9th St. Legal: Lots 1 to 3 and 18 to 20 of Block 9, Northwest Addition to Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 25, of the Public Records of Okeechobee County Florida; al- so, that certain alleyway running from East to West lying between Lots 1 to 3 and Lots 18 to 20 of Block 9, Northwest Addition to Okeechobee, according to the Plat thereof recorded In Plat book 1, Page 25, of the Public Records 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 is 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 decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testi- mony and evidence upon which the a al will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate In this proceeding, contact the General Services Office no later than two busi- ness days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you Intend to show any document, picture, video or Items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. by: Zoning Administrator Brian Whitehall, Petition No. 15- 004 -SE 471259 ON 6/10/2015 E = o -D G x P. 2 > z co co o 0 0 0 0 - v @ / @ @ @ @ § §,-0 Co w q 9 q CD CD CD 0. C Q X▪ I cD 0® 7 7 7 7 R z 5.k m = m $ D 2 n § 0 03 5. D J g o C— r-0 m= k O CD CD CI- 2 a) 3 a z\ 2 3 o z _ 5 2 Q/ o¥ c o o B «' 3 0 ± a %% / < m 74 2 8 ,,- c $ = g 0 7 ® a J 9 C SD° 2 03 0) ¥. 9 a 2 3 t.$ 2 =. Co m_ 0 m— 9 7 m -= m -0 t o c o % 0 7 7 m y 2 m Z k�= oo <> C, a �CD v s< _ _* D U d cn U k 2= 5 J = - e . 7 \ 0, o 0 -1 O o -0 k 2 _ m 8 < ■ -0 Ei m m $ E -0 m a 8 « 2 C 0 D E _§ CD F7 m 2 CO. 0 0 a 2 Cn > ƒ - * 2 § C R = + 7-1: c ra § ƒ E = a C § CO ( 0 A- z,' = a) = a 0 z § = > 0 } 0) = m 2 - o oh c � x� 2. c � 2 * cr § 0 0 / ' = o 01 E o 7 e CD co C c _ ° 0 0_ C/3 RI � CD CALL TO ORDER - Chairperson: June 18, 2015, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. Co i v O O o O0 Co CDo o Q m CD 3' mom' • CnD O O v ti 0 0 m n 3 `C o a> N Q-a m m o sv' o 1 o CO oQ CD CD a p n Q y= o• °. z �, O N Q 0 y^ O_ O O. 0 Z. N n• a -n N v 3 a 3_- m CD Cr CD 2 ti O Q. -. W O O cp N = 3 0 3a�D. o n Z a 0 -oo. (8 o o c a m 0 _o Q CD o y �. cQ Q SQ n-' m o n o a co v QD m CD 0 m 3- Li) C co m CD m aai y �_ Cr v CD y C/3 CD CD Q. CD _�0 o kcos O a 0 COD oo 0. CD Z. .07. y O n m CD 0 �3n -6*- so o culo Q O m co Cr o y ti XI CD o m o- O � o. 3 0. Z O 0(D o m �• y' f n) v Z 3 m m °- m m o C cD CDD Z) Q ti co < y cc0 Z z z o 0 0 2 3 4- -6 O- O N CD O CD C.» 0 0 m a c 0 m n y_ 0 2- o. m -, m `o o cD as ..... 0 St v =s . 6-Q Q a' .0 CU .s. `C c y O Q ti a ra Q oo Z 0y o' 3-� m o CD m c o CD n m a ,..,CD a CD y . `� iO O n Cn o 0 a o a m 0 % �. -- Co Q ‹ -S - m w IQ: 'S• m CD n co W co 0 co v w n) c 0 m D a 0 m o Co Q 6' n N O O D ti y t_ a Q S Q. Co O O CD CD 3 co Q cD a y Q c' CD a v m . Q y Z � `° g a y O 3' j 0 R. � o Q. o m a Cr __CD 0 0o m -0 -0 Co fib y N Q. o m 3- •uosJed.ge43 - NtInorav ;;i D q o c cn N M 0 o Cl.) = CU o * O 2 CD 0 0 = a 0 = O 3" v m °-' o m v Q N m O O. R. m ca cD 2 0 n, ' o 3 = cn m ?. S O rt ' O F) = w a) o ET CO w C/-) m m s o s CD r: O Iv 0 CD Cn CD CD sv O cn 0 0 C= 0.. 5 cr CQ O sv 3 3 is 0 c a cn v 'SS3NIS118 a3HSINIJN11 CLOSE PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. -o c D w n m 571 A o o- co G) 0 0 • c C a v' o 3" fn Q- cn ce, 0 03 Fe O 3 R `" mo 0 - EU -0- 3 ea O -I O m m =0 0 o 3 Z N N -I . o z 3 o c U N CD- CD ( 5. •UOi1OW UO 910A CD cp 0 CO CAD 0 CU a 0 o m 0 crN c F N o. m CA 0 0 0 _Q a O CND 0 cn 0) 0 JUNE 18, 2015 - PB /BOA AGENDA - PAGE 2 OF 2 1 n:F., of rllrnnrhnhnc epartment Room 101 Exhibit 1 is 34974 -2903 rnone: tons/ ins -s372, ext. 218 Fax: (863) 763 -1686 Date: 5 -B-15 Petition No. 15- a)LeSE Fee Paid: 53).41 7 , 5 Jurisdiction: 130/1 (K � 1st Hearing: 6_i_./5- 2nd Hearing: 1.%/. Publication Dates: 5/3 ' ���o Notices Mailed: 0 :3 -6 Rezone, Special Exception an Variance ANT INFORMATION 1 Name of property owner(s):AL6,779,964f0 74. 7,y.'1 7 S%`' ,'�i /9 2 Owner mailing address: Ac) ,60x ,3_37 v,e.6Eayoig66 j ,cL L9 7' 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E -mail address: I I. co.-ri 5 Name of contact person (state relationship): /OLE' y ode J 7- -6 /01,ro ,4 W / 7,-A 6 7 Contact person daytime phone(s): t!863, 4 Sl.. is--61.3,7 O.e G'./ 63L_/._ n —67 PROPERTY INFORMATION / 7 Property address /directions to property: /i),•° iviej. 9K!. S-7. /2//eE 4/G8 A-7-:_, 3gg7.2- 8 Describe current use of property: 5 oe E 9 Describe imprqvements on property (number /type buildings, /— ofF /� /— L',4(/7ej /— GUA/'6-- ,S/ocKr OUR dwelling units , occupied or vacant, etc. disposal: Out) Method of sewage Source of potable wate,.e._ 10 ' Is property in a platted subdivision? y`cS Approx. acreage: • t -oS 11 - • . • a,.,r.r. _ -•, that is or was in violation of a city or county ordinance? If so, describe: it/12 12 Is a pending sale of the property subject to this application being granted? 4/0 13 Describe uses on adjoining property to the North: North: ,P'r9S' u.` E .'�(; �k East: /D %/9G • �L'Ut'(-r West: duo /x'6 /- 1/09,7 South:4S .7r. Se09i.9 -T/ o tAr.2oS.J S'T.P� -. 14 Existing zoning:.!-Ach. „6 ..A.41:1___ Future Land Use classification: ,,22,?-1 ; 15 Have there .been any prior rezoning, property? X,JNo ( )Yes. If special exception, yes provide date, S k no vs) 0- variance, or site plan approvals on the petition number and nature of approval. N o-t -F1. A} 16 Request is for: ( ) Rezone (><) Special Exception ( ) Variance 17 Parcel Identification Number: 3 —/6 -- .27_ .3...c-- Ol! n •-- ea a i D _ / ?D /O (Rev 09/14) 3 - - 31- 35 --- OIta0 -000 q0 00 -30 Page 1 of 11 porcitic info, 1 J 22 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. Signatur, Printed Name Date A6V-AiL),Oko EARtf•PAPA SIX' 15 For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 0,6,&7""L_A2 rz%ey,Q, A/7c- -/'ES -7-2-6-3 71- / 0_7 / � (Rev 09/14) Page 2 of 11 REQUIRED ATTACHMENTS, 18 A Applicant's statement of interest in property: OUT��bo ` 1/-/ "Cc E 5i 4J^ L t 7 19 N Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 / 20 L Last recorded warranty deed: .7iJnvE / f, 20/3 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number 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. Signatur, Printed Name Date A6V-AiL),Oko EARtf•PAPA SIX' 15 For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 0,6,&7""L_A2 rz%ey,Q, A/7c- -/'ES -7-2-6-3 71- / 0_7 / � (Rev 09/14) Page 2 of 11 A D ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: ©U -� 1 ��, U 1 (�L c�)'�L�S (__CSC" , CIO- �-3�I -3 (q) 4 B 4es Are there similar uses in the are • . ✓) ( If yes, briefly describe them: M MM ►n� ,� J� li . 7 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. A #che) 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. 1 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 1 5. Demonstrate how the utilities and other service requirements of the use can be met. Li 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (Rev 09/14) Page 8 of 11 f/Lope,t,-ly L � ° ► S �.ocg -kd � iv `/"A2 1 n d vs i z L I S R.i 4Tj 1,1,,4 cJ Allows A of 'c1ool.. Ve.-1.i ct e gA1 ec Lam-)+ ( 610 -`703) ia/So 110-1 o \e? s 4-ke- R2 ti t L /hem-k • t -F--.2z1- R- ol�-TA - • ; nc& & v n s s A R..e, Le a e) kb 6;11+ cx-t- 414:s 1-1 me-. -11‘ e r cT01)-t no Spec 4 L c e S s >1 -2 qo a ,Atte. ,) eed eiL 3. be-AS 1 5 AJo4- A i s S ue Aus-6.; ©6L Co m ■eRCi AL %5e, b w,kt bce t? -fo 1• purz_ IlotA9s optzA -kai) w ►l( Le tOUP5) Plus- (-I 5 .4�4.+R. L (,✓,' (e, l./se_41 . Lov4 b� vs,ed A15.3 IA/AsL:1 CAPS And tle -1-A; l; n - F�•��.. y • "�! t t i tq 2e_ Alike -a y 1 n p l o ct W 44 fi- lop) St wt 1. l Q o4kbi y �x `, s. eet�R I\ c P (so S t 4 c . • -'Ct -e u IA; 1, i (tot- b2 nR ock ern Rc4 of -6 A`` t ae_nw244-,eJ 4ecAvg-z p) J o n ��nCU��("�n U1,15;AeSc DC Apr) ,s,/ ,Ai( &isi$. AN/ 5o % o-1 514/eS w►ll &e_ wAote 4Ie 4-6 o- U-Gterz eAkceg 1aveci'mn 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. l\ 2. The use is specifically authorized as a special exception use in the zoning district. 1. 1 A-/7/4 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. 1‘ 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. tt 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 1 L 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. l� 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 09/14) Page 9 of 11 1 o P J Z o o S e C i P R o pe,�. -i !.S /1n 1 L , / Y� I vylU/� 1 AL Co fl Yt; LIL PoJL -P-; Cot (14- P l y 5061. vst wee 9 a — 703 L� ` - t� Ie?u,p1-e J IL Svc)) L ©C �a �i pig � , 2-� c� L.� � S .> U � �. ; � n-I-� � 8v twe s' s+RAc -. • i R-� V�-� 1r✓,t l A0-1- 1 Ave. Ai\ Ad V'2r5P �4-P -�-6 PL�L 1;c, I n-l-�e .aesj �J l � �i tt ,r� J 1 j p 61 lg. T� moo+ be ke, � a.ch � K-g �` U eA-1 -; 41- Ro v).56 t Aryl Low -�24,- er Al v.CANecg (. 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Gullett GULLETT TITLE, INC. 401 Saint Johns Avenue Palatka, Florida 32177 -4724 ■ ■ • ■ ■ ■ 1 111111 111111111111111 11111 11111 11111111 FILE NUM 2013006188 OR BK 00732 PG 0624 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 06/20/2013 01 :44:29 PM AMT 951000.00 RECORDING FEES $18.50 DEED DOC $665.00 RECORDED BY R Parrish Pas 0624 - 6251 (2ass) Property Appraisers Parcel Identification (Folio) Numbers: 3.16.37.35.0160.00090.0010 & 3.16.37.35.0160.00090.0030 SPACE ABOVE MIS LINE FOR RECORDING DATA SPECIAL WARRANTY DEED i THIS INDENTURE made and executed this 18th day of June, 2013 by TD BANK, National Association, existing under the laws of The United States of America hereinafter called Grantor, and ALEJANDRO ESTREMERA and JANET ESTREMERA, husband and wife, whose post office address is: Box 337, Okeechobee, FL 34973, hereinafter called the Grantees: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That t and 00 /100 ($95,000.00) Do the sealing and delivery of t bargained, sold, aliened, convey convey and confirm unto the OKEECHOBEE, State of Florida, to or, for and in consideration of the sum of Ninety-Five Thousand er good and valuable considerations in hand paid at and before ts, the receipt whereof is hereby acknowledged, has granted, rmed, and by these presents does grant, bargain, sell, alien, ees the following real property situate in the County of Parcel 1: Lots 1, 2, 19, and 20 of Block 9_NOR the Plat thereof recorded in PI County, Florida. ADDITION TO OKEECHOBEE, according to 25, of the Public Records of Okeechobee Also I That certain alleyway running from East to West lying between Lots 1 and 2 and Lots 19 and 20 of Block 9, NORTHWEST ADDITION TO OKEECHOBEE, according to the Plat thereof as recorded in Plat Book 1, Page 25, of the Public Records of Okeechobee County, Florida. Parcel 2: Lots 3 and 18 of Block 9, NORTHWEST ADDITION TO OKEECHOBEE, according to the Plat thereof as recorded in Plat Book 1, Page 25, of the Public Records of Okeechobee County, Florida. Also That certain alleyway Tying between Lots 3 and 18 of Block 9, NORTHWEST ADDITION TO OKEECHOBEE, according to the Plat thereof as recorded in Plat Book 1, Page 25, of the Public Records of Okeechobee County, Florida. OREO ID #: Page 1 of 2 FILE #.:G41935 Book732 /Page624 CFN #2013006188 Page 1 of 2 Special Warranty Deed TD Bank 1 ESTREMERA Paw 2of2 For identification purposes only, property address: 1000 NW 9th St Okeechobee, FL 34972 Subject to all easement, rights -of- way, exceptions, covenants, conditions, restrictions, encroachments, reservations, encumbrances, access limitations, and ail other matters or conditions affecting the Property of record (Including all objections Seller has declined to cure and Purchasers have waived). TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, members and appurtenances thereof, the same being, belonging or in anywise appertaining, to the only proper use, benefit and behoof of the said Grantees, forever in fee simple. AND THE SAID Grantor will warrant and forever defend the right and title to the above - described property unto the said Grantees against the lawful claims and demands of all persons claiming. by, through or under the above -named Grantor, but against none other. ' IN WITNESS WHE above written. r has hereunto set Grantor's hand and seal this day and year first W ESS Printed Name: WITNESS �+�..s.�.aw_,_� Printed Name: {�h N. REIM STATE OF FLORIDA COUNTY OF PUTNAM TD BAN 'onal As ' . tion By: Cyn r • r ack, Assistant -Vice- President PO Box; 0, Portland, ME 04112 -9540 The foregoing instrument was acknowledged before, the undersigned Notary Public of the State and County aforesaid, this 18th day of June, 2013 by Cynthia Mack, Assistant -Vice- President whom personally appeared and proved to me to be the on the basis of satisfactory proof, the person who executed the foregoing instrument on behalf of TD BANK, National Association. WITNESS my hand and official seal at office this 18th day of June, 2013. N. REILAND MY COMMISSION I DD 939609 EXPIRES: December 16, 2013 ay+leof ito0O� Bonded Ttau Budget Notary Services My Commission Expires: OREO ID #: Page 2 of 2 FILE #.:G41935 Book732 /Page625 CFN #2013006188 Page 2 of 2 Petition No. 1 5- 004 -SE 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 7)-2,4 f S, 2-Q 7S- 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 za 0 nature of Applicant Date Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this 41 day of (V, r��ls y known- to -me_ SQ11e+ ES f►'e I e rrj of-produced i R o�i -(a- trl uers as identification and did not take an oath. Ltu nc-e-- Ptyrkt„.--f-ee. Notary Public, State of Florida (Rev 09/14) Seal: h Notary Public State of Florida . Patty M Barnette My COMMieeltlfl EE 218356 A)apld Explra81U /0V12016 Page 3 of 11 Petition No. 15-000 SE 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 /.12.4/ Z.0/.1--- . 0/ [ 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 /12,"/ , 20 . Signatu of Applicant Date 4z-_-617 i).& 7 ? "77c--- Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this 67--/Y- day of /)7 Ae/ ,D /,personally known to me -� or produced // did not take an oath. ary Public, State of Florida (Rev 09/14) Seal: as I ificatio and Page 3 of 11 .wn }o0 pa}oo!pu! uo pasoq uo! }0nal3 lodS= :(sa!)Y}!I!}n =llln 'AIJalsaM =A1,M :}saM =M : %08 yol!MS Jo ao!Ids auoyda!a1 =131 11ua6uo1 =1 Vpa4lnoS =A1,S 'y }nos =S :A0M- 10- 146!a =M /a :sn!pOd =a :a6ou!0Jo puo A! }!I!}n oucind =a'8nd Xouabuol }o lulod =ld :}uawnuoyy a(uaJalaa }uauoWJed =yyad :8JnlDnJnO asJanaa 10 }u!od =Oad :luawa3uaww00 10 11-1!0d =00d :6u!uul6a9 10 1u10d =80d : }u!0d I°J}uoo }uauowJad =dOd !aJn}onJn3 punodwo3 10 11-110d =J0d :aJn }oAJn3 10 }u!Od =Od } °Id =d 'au!1 AlJadoJd =J tsaJ!M poayiano =MHO 'aIDDS 01 1°N =S1N :6Z61 10 (wnloo) I000J9n 011apoa0 IOuo!10N= (0)A0N XIJay 1J0N =A1,N 'y }JON =N talOyuof =HV tpaJns0ayy =11 :al UOJI =dI :yl6ual (oJV) =1 :dDO OI Puo) pod uoJl= (0)(881 'Punoj.aNJ :don aloa aouoJnsul poou=werrj 4uawas03 =11A1S3 :}uawan0d 10 a6P3 =d /3 'AlJals03 =A1,3 :Iso3 =3 :a!6uy loilueo JO 011a0=p :paeo =a :a}aJDuoO =ONOD :}uawnuoyj a}aJOuoD =WO 'Al alq °O =A1V3 !Pal0In0ID0=0 :au!IJa}uao =3j t!JDwyDUa9 =1,49 :au!laso8 == SNOI1VIA 88V (do3 puo) did puno3 — O (doG puo) pod uoal puno3 —• WO puno3 —■ „OZ817 S1 8b 1i„ d03 puo pod uoJI }as —©o GN3O31 (QEB 7 IHSd) .Jr `xnpajg •y glauuax V>s*"•Sf 7ery uzoo•ooZ1PA ®sdhvil•gleN :Ir uzg nfiEfi -C94. 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Alto ma certain alleyway running from East to WegX 109 between Lots 1 erxt Z end tits 19 and 20 of Chock 9, NORTHWEST ADDITION TO O EECHCEIE€,. according to the Plat thereof as recorded fn Plat Book 1, Page 2S, of the Piit IL fieooads of Okeechobee (busty, ROM Parcel 2: Lots 3 and 18 of Bfock g, NORTHWEST ADDITION TO OKEE OBEE, accookng LD the Plat thereof as receded In Plat Book 1, Pape 2% of the Public Records of °kctc L Cc Coierdy, Mock Also That cereal tithymy lying between Lots 3 and 18 of Block 9, NORTHWEST =MIN TO OKEE€ HOSE €, acuxding to the Peet thereof as recorded In Rat Book 1. Page 25, of the Puhl{e Records ords of C4reedtebee County. Florida, Serving Florida Local Governments Since 1988 1 Staff Report Special Exception Request Applicant's Name: Alejandro & Janet Estremera Petition No. 15- 004 -SE Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment includes a Special Exception for an outdoor vehicle sales lot. Description of the Situation The property has been used for storage and is developed with a warehouse & office and a carport. The property is bounded on the south by NW 9th Street, on the east by NW 10th Avenue. The business will be open from 10:00 am to 6:00 pm, Monday through Friday, and from 10:00 am to 3:00 pm on Saturday for cleaning cars. The Applicant has stated that the business will be largely conducted by appointment with about half the sales to be wholesale to other dealers and auto auctions. Adjacent FLUM Classification, Zoning District, and Existing Land Use ktfillflit) rte ross 91 Avenue to�th vacant, and home 4 :g [u a©; LaRue: Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Alejandro & Janet Estremera Petition No. 15- 004 -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. "Property is located in the Industrial District, which allows an Outdoor Vehicle Sales lot (Sec. 90 -703). Also lot size meets the requirements. Frontage is 157 feet." We agree that the location and site are appropriate for the use. The prop- erty is located within an area designated on both the Future Land Use Map (FLUM) and the Zoning Map for industrial uses. The site is of adequate area and frontage, and the building meets all minimum setback requirements. (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. "Existing buildings on site are already there. No building is to be built at this time. Therefore no specific design efforts are needed." We agree. The primary purpose of this standard to ensure that the use, structures, and arrangement of structures are such that they are not uncharacteristically high, or perhaps overly massive with respect to nearby uses. The existing layout and design of the site has proven acceptable for years and is not proposed for change. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Alejandro & Janet Estremera Petition No. 15- 004 -SE (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. No response to standard was offered by the Applicant. No special visual screening will be necessary for the northern, southern or western boundaries of the property because all surrounding properties are designated and /or used for industrial uses. No special visual screening should be necessary along the eastern boundary of the property. So long as any vehicles stored along the eastern boundary are not large, construction type vehicles or other unsightly vehicles, an outdoor vehicle sales lot is likely to be more pleasing to the eye than the use most recently operating. (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. "Our hours of operation will be in daylight hours. Plus, no hazardous materials will be used. No loud machinery will be used. Basically, just washing cars and detailing them." We agree there should be no potential hazards associated with the operation of an outdoor vehicle sales lot as described by the Applicant. (5) Demonstrate how the utilities and other service requirements of the use can be met. "Utilities are already in place: City water and sewer already exist. Electric is already in place." Given the fact of the prior use, it is apparent 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: Alejandro & Janet Estremera Special Exception Request Petition No. 15- 004 -SE (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "There will not be much impact of traffic generated because we plan on conducting business by appointment basis. And 50% of sales will be wholesale to other dealers /auction." The parcel has an existing wide, unpaved driveway on NW 9th Street providing for adequate access to and egress from the property. Given the size of the property and the limited amount of traffic expected, the site is capable of handling both on -site and off -site traffic. Section 70- 373(c) (1) — (8) When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1) -(8). The required findings are listed below followed by the Applicant's statements 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. "Proposed property is in the industrial corridor for outside vehicle sales lot. Sec. 90 -703. Lot size is sufficient for such use. The property is designated Industrial on the FLUM and outdoor vehicle sales is a use consistent with the Industrial Future Land Use Category. (2) The use is specifically authorized as a special exception use in the zoning district. "Location, size of lot is sufficiently adequate for such business in the Industrial Zoning District." Outdoor vehicle sales lot is specifically listed as item (9) in the list of Special exception uses allowed in the Industrial Zoning District. Serving Florida Local Governments Since 1988 5 Staff Report Special Exception Request Applicant's Name: Alejandro & Janet Estremera Petition No. 15- 004 -SE (3) The use will not have an adverse effect on the public interest. "Property will not have an adverse effect on the public interest due to not being around residential housing and low traffic at the business." We agree that the use will not have an adverse effect on the public interest. The property has adequate vehicular access and egress to /from NW 9th Street; is generally surrounded by other developed or vacant industrial properties except for the residential uses located to the east across NW 10th Avenue and there is no driveway onto this roadway. (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) "I feel the use appropriate for the proposed location due to other businesses surrounding the location in question (CSX across the street, tow yard next door (Silverman Towing). Also the location is in the industrial corridor." We agree. The property is located within one of the largest Industrial designated parcels in the City. The proposed use is certainly no more intensive than the former use and will likely be less intensive and less unsightly. While residential use is located nearby, it is across NW 10th Avenue and the proposed use will have no direct access to NW 10th Avenue. The existing residential uses to the east also have no direct access onto NW 10th Avenue. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "Property will not be used other than for displaying vehicles and sales. There will be no effect on living conditions of adjacent properties." We agree that use of the property as an outdoor vehicle sales lot will not adversely affect property values, living conditions, or be a deterrent to development of adjacent property. All adjacent properties are either developed or vacant industrial properties. The proposed use should have little or no effect upon the residential uses to the east across NW 10th Avenue. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Alejandro & Janet Estremera Special Exception Request Petition No. 15- 004 -SE (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. (7) "Property is fenced and office is inside of building. Vehicles will also be inside of fenced area." We agree. There should be no potential hazards or nuisance associated with outdoor display and sale of vehicles. Staff foresees no need for specific screening of the property from surrounding uses. One would expect that the display of vehicles for sale will be more orderly and Tess unsightly than the current haphazard storage of materials. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "This location is not nearby any schools or any public facilities or services." Density is not an issue with a commercial use and the use should have minimal traffic and will have no significant negative effect upon public services or facilities. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Most of our business will be at a wholesale level, so traffic will not be a problem. Plus, it's going to be by appointment in the future. Also it has existing ditches for drainage, so it won't cause any public safety concern." We expect that neither will traffic congestion be increased nor traffic safety be compromised by the provision of an outdoor vehicle sales lot at this location. Flooding and drainage problems are not expected and these issues will be specifically addressed during the site plan review. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Alejandro & Janet Estremera Petition No. 15- 004 -SE Section 90 -703 (7) Special requirements for an Outdoor Vehicle Sales Lot The following special requirements must be met and will be addressed during the site plan review. (7) Special requirements: Display area: Vehicle display areas may be grass or other surface but must be maintained in a sightly and dust free condition. Grass display areas are permitted only to the extent that they are identified on an approved site plan and such areas are in addition to the minimum 15 percent of the site that is required to be pervious. Vehicles on display must be located at least three feet from any sidewalk or property line. Lighting: Artificial lighting used to illuminate the premises must be directed away from adjacent properties and streets, shining only on the subject site. Recommendation Based upon the foregoing analysis and findings, Staff recommends that Petition Number 15- 004 -SE be approved as requested provided the requirements of Sec. 90- 703 (7) are met during site plan review. Submitted by: Wm. F. Brisson, AICP Planning Consultant June 10, 2015 Board of Adjustment Hearing: June 18, 2015 Attachments: Future Land Use Map Zoning Map Aerial Photographs Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Alejandro & Janet Estremera Petition No. 15-004-SE 3 1 1 • 6 5 1 1 1 10 1 FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS LitiTii COMPREHENSIVE PLAN LAND USE SNGLE - !TAMIL r • COMMERCIAL • iNDOSTRIAL zUBLIC FACILITIES RESDEmTiAL MIXED USE Serving Florida Local Governments Since 1988 11 Staff Report Special Exception Request Applicant's Name: Alejandro & Janet Estremera Petition No. 15- 004 -SE ZONING MAP SUBJECT SITE AND ENVIRONS ZONING - '�EQ• C 3AFM 8.. SINESS D!STRI:' . CN■ • MEAVY COMMERCIAL . OLT .L.Farr CO/ANERCML CPO- CONK PROFESSIONAL QFiti_ H -.101 G ND•'NDVSTRI AL RUE • PUBLIC PAC & flES PUD -MtkE4 PUDJY - PUP RESIDENTIAL MULTAAMA.r RMM • RESOENTAL MOBILE MOIRE RSF? • RESIDENTIAL SINGLE PAWL' RS F.- RES.JENTIAL SINGLE PAWL, :. Serving Florida Local Governments Since 1988 10 Staff Report Special Exception Request Applicant's Name: Alejandro & Janet Estremera Petition No. 15- 004 -SE AERIAL PHOTOGRAPHS Subject Property and Environs 1994 IInagery D(.te: i2'; /2014 21°151t..E4 S 80°51`111.52' 11 0'ev Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Alejandro & Janet Estremera Petition No. 15- 004 -SE Serving Florida Local Governments Since 1988 12 Planning & Management Services, Inc. Exhibit 2 Memorandum To: Planning Board Members From: Bill Brisson, AICP Sr. Planner, LaRue Planning & Management Services, Inc. Date: 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. 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 Privet typeface. Mr. Keefe's comments are located on pages 2, 3, 4, and 7. Mr. Batton'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 missed 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 biMlarueplanninq.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 AN ORDINANCE CREATING A HISTORIC PRESERVATION COMMISSION, ESTABLISHING QUALIFICATIONS FOR MEMBERSHIP AND TERMS OF OFFICE, PROVIDING FOR THE DESIGNATION AND PROTECTION OF HISTORIC PROPERTIES AND THE DESIGNATION OF HISTORIC DISTRICTS; PROVIDING FOR THE REVIEW AND REGULATION OF ALTERNATIONS, RELOCATIONS, AND DEMOLITIONS OF HISTORIC PROPERTIES AND STRUCTURES WITHIN THE BOUNDARIES OF HISTORIC DISTRICTS AND OF NEW CONSTRUCTION WITHIN THE BOUNDARIES 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. WHEREAS, the historic properties located within the City of Sebring are an important legacy to be valued and conserved for present and future generations; and WHEREAS, the destruction of these nonrenewable historical resources will constitute a significant loss to the Quality of life, economy and cultural environment in the City of Sebring; and WHEREAS, a historical preservation commission should be created and provisions for the designation of historical properties and historical preservation districts should be established; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBRING, FLORIDA, that: SECTION 1. PURPOSE. The purpose of this Ordinance is to promote the educational, cultural and economic welfare of the public by the creation of a Historic Preservation Commission and by establishing uniform procedures to preserve the City's historic resources, and by enhancing Public participation and involvement in the preservation and protection of such resources, including buildings, 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. "COMMISSION" — 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 v.eed 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 the 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 the 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 and 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 paivtt placed on the structure, but rather the more 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. Respovtse: 1 awt not aware as to whether or not the County has a Historic Preservations program. If it does. Certainly the City should avail itself of the County's experience. SECTION 4. MEETINGS, NOTICE. Commission meetings shall occur at regular intervals, but no less than four times each year. All meetings of the commission shall be open to the public. Minutes of all Commission meetings, including reasons for decisions, shall be kept on file and available 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 meetings and an affirmation vote of a majority of members present at any meeting shall be necessary for any action to be taken by the Commission. Appropriate local officials, owners of record, and applicants shall be notified of proposed Commission actions. Commission members shall serve without compensation, but shall be reimbursed for expenses necessarily incurred in the performance of their duties, subject to prior approval of City Council. SECTION 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. Designations. The criteria for the designation of Historic Properties and Historic Districts shall be that such 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 of the following criteria; (1) 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 recowtwtevtdatiovt ovt the extent to which the property vvteets this and the other criteria. (2) 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. Alterations of Existing Buildings, Sites and Monuments. — After the designation by ordinance of a Historic Property or Historic District, no material change in the exterior architectural features or material change in the appearance of such Historic Property or of any structure, site or monument within such Historic District, shall be made or permitted to be made unless or until application for a Certificate of Appropriateness has been submitted to and approved by the Commission or, under specific conditions, it's staff. All alterations shall conform 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 District 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. Demolition or Relocation Applications. — Anyone requesting a permit to demolish or relocate a structure within a Historic District or any structure that has been classified as a Historic Property shall first apply to the Historic Preservation Commission for a Certificate of Appropriateness. D. Application. — Applications for Certificates of Appropriateness shall be on such forms as may be designated by the Commission and be accompanied by such drawings, photographs or plans as may be required by the Commission. The application shall also include the post - demolition and /or relocation plans for the 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. Review by Commission. — The Commission shall review all applications which are not subject only to staff review and all applications which are not approved by staff within the guidelines established by the Commission 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 proposed changes in the appearance would not have a substantial adverse effect on the Historic Property or the Historic District. In making this determination, the Commission shall consider, in addition to any other appropriate factors, the historical and architectural style, 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 District 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 Commission may at any time during such stay approve a Certificate of Appropriateness, in which event the permit for demolition shall be issued without further delay. Les McCreary Comments This section seems to add wording to the established definition of economic hardship by stipulating that it, "shall not have been created by an owner or occupant of the property ". This verbiage is too vague and can be interpreted too subjectively to afford proper consideration to any particular situation. We have had unrelated matters brought 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 ordinance ". This verbiage is too broad. Suggested wording such as "conflicts with other ordinances may be considered when rendering variances" might work better. Response: I understand the concern, Board's responsible for considering variances Frequently wish to take into consideration factors that seem humane or sensitive to an individual's problems. However, every section of any code with which I am familiar, dealing with the issuance of a variance, without exception, has a provision that requires that the reason for the variance not be based ovt an action taken by the owner which caused the situation for which the variance is being requested. Taking avt extreme example, if one were to have built, without having obtained a building permit, an elevator on the outside of a !Historically designated structure, and the came before the Commission for a variance to allow the elevator, the variance could not be granted because the owner caused the problem. With regard to conflicting with another city ordinance, no appointed or elected board 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 issuance 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 construed 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 building permit. If the Commission determines that any Historic Property or any structure within a Historic District is endangered by lack of ordinary maintenance and repair to such extent that it detracts from the desirable character of the Historic Property or Historic District, the Commission may request the Building Official, the Code Enforcement Officer or any other appropriate 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 Despite the title, this section seems to only address exterior elements. A suggested change to "Maintenance and Exterior Alterations" might be in order. Also, where it is stated, "and which does not require a building permit ", we may want to consider this further. These days, permits are required for everything including NC work, re- painting, re- roofing, etc... If a private owner needs to re -roof and is not materially changing the appearance, will they be required to obtain the permit and also go through an historic preservation committee review? If that is the intention, then the wording should stay as is. However, it may be more efficient to simply have all such matters involving historic property reviewed for "material change ", prior to issuing a permit. If there is any doubt that the building official cannot clarify, then a separate historical committee review may be in order. Response: 1 agree entirely with the first statement. Local Historic Preservation Ordivtavtces 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 for 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 some form of electrical, plumbing or interior or exterior structural change. SECTION 13. UNSAFE STRUCTURES. In the event the Building Official determines that any Historic Property or any structure within a Historic District is unsafe, pursuant to the City Code of Ordinances the Building Official will immediately notify the Commission and submit to them copies of 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 consideration 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 preventing any property owner from making any use of his property not prohibited by other statutes, ordinances or regulations. Les McCreary Comments This section denies exemption from existing and future building codes. This may be a potential mistake to adopt. In many historic buildings, non - conformities routinely exist, as they were built before current codes were adopted. As a result, some historic properties have never been in strict compliance. As such they would remain "legally nonconforming." I think that, barring true eminent safety issues, we should strive to exempt such properties to whatever degree possible in order to foster the preservation effort. Response: I agree with the very last sentence to the extent that a building may not be required to retrofit to meet certain current or future building codes. However, when repairs are wade or the structure undergoes rehabilitation, any work done should be to code. Most of the building code requirements relate to things that are not visible on the exterior of the building, which is what focal historic preservation ordinances address. SECTION 19. SEVERABILITY. In the event that any portion of this ordinance shall be declared or adjudged invalid or unconstitutional were not originally a part hereof. SECTION 20. AFFIRMATION OF EXISTING ZONING. This Historical Preservation Ordinance is not a use ordinance 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 section 18 for zoning. If a property is /was used for a non - conforming activity, why now limit that in the effort to preserve the historical aspect of it? Further, why limit the use for the next owner? 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 subsequent owner to continue to run the same sort of business. And, along that same line, would it not be beneficial to allow a subsequent owner to transition that business to 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 Out Reflecting Spitil entintes INTEROFFICE MEMORANDUM To: Planning Board Members From: Planning Board Secretary Burnette Subject: Planning Board Agenda for the June 18, 2015 meeting Date: June 12, 2015 Planner Brisson is preparing a brief memo of explanation regarding New Business item A, which is labeled as Exhibit 3. I will send this by email to everyone next week when I receive it. There is a two page document included in your packets that goes along with this memo. In addition, Unfinished Business item A, which is labeled as Exhibit 2, was included in your packets last month. Thank you, Patty Planning & Management Services, Inc. Memorandum To: Planning Board/BOAA members From: Bill Brisson, AICP Sr. Planner, LaRue Planning & Management Services, Inc. Date: June 15, 2015 Subject: Outdoor storage of discarded tires at 1127 SW Park Street Last year the BOAA approved Special Exception applications 14- 003 -SE and 14- 004 -SE. The owner of this property (1127 SW Park Street) recently received an extension of his special exception. As you will recall, the business intended to warehouse tires and operate a retail and wholesale tires sales business in combination with general auto repair. Based on the content of the application, the Staff Report included the following statement: "According to the applications, the activities to be undertaken will include wholesale and retail sales and installation of automobile tires, warehousing of the tires, and general auto repairs including a/c repair, tune -ups and minor engine repair with all of the above activities to be conducted within the buildings." [emphasis added] The owner /operator of the proposed business now wishes to construct a 15 -foot by 10 -foot "tire cage" on a 28 -foot by 16 -foot concrete slab. This cage will be located outside of the principal structure and therefore must be considered outdoor storage. Outdoor storage requires approval of a special exception. The owner /operator of the proposed business has proposed the following justification for the tire cage being allowed: "SPECIAL EXCEPTION STATED THAT THE LAND ENVISIONS A WIDE VARIETY OF RETAIL AND WHOLESALE, STORAGE USES. THE BACK TIRE CAGE IS ALLOWED BY THIS SENTENCE." While nothing in the Application gave me the impression that tires would be stored outside, I recognize that it is common practice for business that sell and install tires to temporarily store the old tires outside until they are picked up for disposal. Therefore, the City Administrator has determine that the most appropriate approach would be to bring the matter before the BOAA. The question is, when the Board approved the Special Exception, was it under the impression that tires would be stored outside of the building? Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239 - 334 -3366 info@larueplanning.com If so, we believe that it would be within the Boards prerogative to clarify the approval and state that the approval was intended to allow such use. If such is the case, we suggest that the Board consider requiring the chain link fence to include slats intertwined in a manner that would block the view of the tires from all sides. If you determine that the approval did not envision such outdoor storage of the used tires, then the owner should apply for a special exception for outdoor storage as required in the CHV District. I look forward to discussing this with you at the upcoming Planning Board/BOAA meeting on Thursday. Serving Florida Local Governments Since 1988 Exhibit 3 _," __ - �: !?ix�,ys,.e�. red. -:y;�i