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2015-10-15C)��L Pie,veiing Sp«rc 6,14,,ted 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 OCTOBER 15, 2015 I. CALL TO ORDER - Chairperson. Regular Meeting, October 15, 2015, 6:00 p.m. H. 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 September 17, 2015, regular meeting. V. OPEN QUASI- JUDICIAL PUBLIC HEARING - Chairperson. PAGE 1 OF 5 fi CUSSI( Chairperson Hoover called the October 15, 2015, regular meeting to order at 6:03 p.m. Board Secretary Burnette called the roll: Present Present Absent (with consent) Present Present Present Present Present (moved to voting position) Absent (with consent) Absent (with consent) 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 McCoy moved to dispense with the reading and approve the Summary of Board Action for the regular meeting of September 17, 2015; seconded by Member Baughman. There was no discussion on this item. VOTE HOOVER - YEA JONASSAINT -YEA MCCOY - YEA MCCREARY - YEA BATTON - ABSENT KEEFE -YEA BAUGHMAN - YEA BRASS - YEA O'BRIEN - ABSENT MOTION CARRIED. CHAIRPERSON HOOVER OPENED THE QUASI- JUDICIAL PUBLIC HEARING AT 6:04 P.M. 49 50 V. QUASI- JUDICIAL PUBLIC HEARING ITEM CONTINUED. A. Petition No. 15- 006 -SE, to allow an outdoor vehicle sales lot within a Heavy Commercial Zoning District (Ref. Sec. 90 -283 (18)) for Lots 1 to 3 of Block 7, South Okeechobee, together with that portion of the North to South 15 -foot wide alleyway located between Lots 1 to 3 and 7 to 9, Plat Book 5, Page 7, Public Records of Okeechobee County, Florida, containing approximately 0.54 acres and located at 1000 South Parrott Avenue. 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- 006 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. OCTOBER 15, 2015 - PLANNING BOARD - PAGE 2 OF 5 IN DISCUSSI Special Exception Petition No. 15- 006 -SE, requesting to allow an outdoor vehicle sales lot within a Heavy Commercial Zoning District (Ref. Sec. 90 -283 (18)) for Lots 1 to 3 of Block 7, South Okeechobee, together with that portion of the North to South 15 -foot wide alleyway located between Lots 1 to 3 and 7 to 9, Plat Book 5, Page 7, Public Records of Okeechobee County, Florida, containing approximately 0.54 acres and located at 1000 South Parrott Avenue. 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. Patrick Malone, Mixon Real Estate, PO Box 1776, Okeechobee, Florida. Chairperson Hoover yielded the floor to Planner Brisson, who explained the property has previously been used as an outdoor vehicle sales lot. However, the most recent sales lot began operation after the prior use had been vacant for more than 180 days and a new Special Exception approval should have been received due to non -use. Since this approval was not obtained, the new business must request approval in order to operate an outdoor vehicle sales lot on the property. In addition, he pointed out an error contained in the Staff Report which stated a site plan review was required of this application, and one is not. Planning Staffs recommendation for approval with stipulations 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 the Heavy Commercial (CHV) Zoning District and located along the Commercial Corridor. No specific design efforts are needed as the property has already been functioning as an outdoor vehicle sales lot, no special visual screening is necessary as the subject property is virtually surrounded by CHV Zoning. The property to the west, while zoned CHV, is developed in a single family use capacity and is partially buffered by a few large trees and to the south a motel originally existed which minimized the need for any special buffering. There should be no potential hazards associated with the proposed use, the utilities currently serving this property should be adequate. It is unlikely that the traffic generated at this site will exceed that which has historically been experienced by the prior outdoor vehicle sales use and no significant impact on existing roadways is expected. V. QUASI- JUDICIAL PUBLIC HEARING ITEM CONTINUED. A. 2. Hear from Planning Staff for Petition No. 15- 006 -SE continued. 3. Hear from the Property Owner or Designee /Agent - Patrick Malone. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. OCTOBER 15, 2015 - PLANNING BOARD - PAGE 3 OF 5 51 CUSSIC 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 the CHV Zoning District. The proposed use will not have an adverse effect on the public interest as long as the ingress and egress provided are safe and convenient, is appropriate for the proposed location, is compatible with adjacent uses, and is not detrimental to urbanizing land use. The use will not affect property values or living conditions, nor be a deterrent to the development of adjacent property. There should be no potential hazards or nuisance associated with the outdoor vehicle sales lot 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 will not create traffic congestion, flooding, or drainage problems. No additional impervious surface is expected and therefore drainage should be unaffected by the use. The traffic generation of the use is not in excess of the levels of traffic normally associated with other uses allowed in the CHV District; however, the prior special exception approval stipulated there could be no ingress /egress on South Parrott Avenue and staff recommends this condition be maintained under the current approval. Mr. Malone was present to respond to questions. There were none. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. However, Board Secretary Burnette received an email from a citizen expressing a concern. Chairperson Hoover read the email into the record as follows: per our conversation today! am voicing my concern about the unloading of vehicles from car carriers on SW 10' Street. The previous used car dealership would unload on the corner and this was a dangerous situation for the residents around here trying to go west off of Parrott Avenue and going east if one lane was blocked by a car carrier. 1 am not opposed to a car lot being there but think they can operate without blocking either lane on SW 10' Street. Thanking you in advance for assistance in this matter, Mr. James Burton. Planner Brisson added that he was not aware the unloading of vehicles was being carried out in this manner, and advised the Board they could add a stipulation stating this type of activity could not take place on any public right of way. A lengthy discussion then ensued between the Board. Member Baughman did not believe the Board should impose a stipulation that the vehicles needed to be unloaded on the property itself. He felt that law enforcement would take care of any issues that arose. Member McCoy indicated that Southwest 2 "d Avenue was wider and maybe the cars could be unloaded there. Member Brass concurred with Member Baughman that they should not restrict the unloading of vehicles to the lot itself but rather restrict that activity from taking place on Southwest 10t Street. She felt Southwest 2 "d Street was a better alternative for the unloading process. In addition, she asked whether the reference in the Agenda regarding the North to South 15 foot wide alleyway located between Lots 1 to 3 and 7 to 9 was the same as the s2 V. QUASI- JUDICIAL PUBLIC HEARING ITEM CONTINUED. A. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary for Petition No. 15- 006 -SE continued. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consideration of a motion to approve or deny the petition with /without special conditions. b) Board discussion. c) Vote on motion. CLOSE QUASI- JUDICIAL PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. OCTOBER 15, 2015 - PLANNING BOARD - PAGE 4 OF 5 annotation that indicated a portion of the alley was closed and abandoned? This part of the alley is closed and does belong to this property owner /applicant. Mr. Malone stated the unloading of vehicles on Southwest 2nd Avenue would be fine with the applicant. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the petition or visited the site. There were none. Board Member Baughman made a motion to approve Petition No. 15- 006 -SE as submitted by 1000 Parrott LLC to allow an outdoor vehicle sales lot within a CHV Zoning District (Ref. Sec. 90 -283 (18)) for Lots 1 to 3 of Block 7, South Okeechobee, together with that portion of the North to South 15 -foot wide alleyway located between Lots 1 to 3 and 7 to 9, Plat Book 5, Page 7, Public Records of Okeechobee County, Florida, containing approximately 0.54 acres and located at 1000 South Parrott Avenue, for the proposed use of a used car sales lot with the following stipulations: ingress and egress be restricted solely to Southwest 10th Street with no ingress or egress allowed from South Parrott Avenue and no unloading or loading of vehicles or equipment be permitted on Southwest 10th Street, seconded by Board Member Keefe. 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 - YEA KEEFE - YEA O'BRIEN - ABSENT MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE QUASI- JUDICIAL PUBLIC HEARING AT 6:17 P.M. Chairperson Hoover asked whether there were any additional requests for amendments to the City's Land Development Regulations. There were none. i OCTOBER 15, 2015 - PLANNING BOARD - PAGE 5 OF 5 53 CUSSI VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. 1' ATTEST: ELvtik- Patty M. Burnette, Secretary Dawn T. Hoover, Chairperson There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:17 p.m. 4112011.4 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 October 15, 2015 I. Call To Order - Chairperson: Chair Hoover called the October 15, 2015, Regular Meeting to order at II. Chairperson. Board Member Staff Attendance - Secretary. p.m. III. Agenda - Chairperson. A. Chair hODVA asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. IV. Minutes - Secretary. A. Board Member D moved to dispense with the reading and approve the Summary of Board Action for the September 17, 2015, rdgular meeting; seconded by Board Member Discussion: PRESENT ABSENT (W OR W/0 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 tmovett iv v6-1 it9 Alternate Board Member O'Brien Planning Consultant Brisson, Senior Planner Board Attorney Cook Board Secretary Burnette l III. Agenda - Chairperson. A. Chair hODVA asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. IV. Minutes - Secretary. A. Board Member D moved to dispense with the reading and approve the Summary of Board Action for the September 17, 2015, rdgular meeting; seconded by Board Member Discussion: 10115(i5 11126f14 Page 2 of VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY `/ BATTON 'V BAUGHMAN ', BRASS V. JONASSAINT McCREARY 1/ KEEFE V O'BRIEN ./ RFSULIT CARRIFD) DFNIFD V. CHAIR ` OPENED THE PUBLIC HEARING (QUASI - JUDICIAL) AT L 0 P.M. A. Petition No. 15- 006 -SE, to allow an outdoor vehicle sales lot within a Heavy Commercial Zoning District (Ref. Sec. 90 -283 (18)) for Lots 1 to 3 of Block 7, South Okeechobee, together with that portion of the North to South 15 -foot wide alleyway located between Lots 1 to 3 and 7 to 9, Plat Book 5, Page 7, Public Records of Okeechobee County, Florida, containing approximately 0.54 acres and located at 1000 South Parrott Avenue. 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- 006 -SE will be required to take an oath, respond, and give your full name and address). t X an Pa-( k-t 01-A) 15)1‘St5Yl, 2. Hear from Planning Staff. Curisx-S '` / rat reA 0., re,VY12� CYrechfrL - #o 7' Ups 0x1 e. --a-�' 6/. d� P� p ,ro+- P Wvu.t d. r ayac5 - Gt ldC a 40 prrtc�( �p ruL V. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. ititttr -11n rez-icitrt4 b-Alooxit Df- Nur fvn-vt c cur C et-vv- ttr . Prect driL t,s 6.h r6aA.,Lbh rY\ AAA. 1\A 0. 6-11 ID Y6-5 "J trn oacip.t. Lice, axtzt--1-4-~5 arel )1e_:: L.Ziv jr-f-tp ( /01/5/1S -It126f14 Page 3 of (04 \ 4 i• s houcctt-t-- kostl'y\irth 61-n. 2114 Pvt., in0-(41a. ro 1A-vvt0Ctdcfj 104-"S-I )-4-te "1 aP>k b i e 1C:6 \A\c/ 1 ')( 61\-1 tt,c° Vik° dfx; co-PIA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. 3. Hear from the Property Owner or Designee /Agent - Ken Egan. d. xC /0116/LT 11126f44 Page 4 of 1112e114 Page 5 of V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. t i. ` i e aft r` `F Vin.-€ O (CJ (} r JA �v�t s 5. Disclosure of Ex -Parte Communications' by the Board. 4412.81-1-4 Page 6 of V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. 6. a) Consideration of a motion to approve or deny the petition with /without special conditions. Board Member °'" , made a motion to approve /deny Petition No. 15- 006 -SE, to allow an outdoor vehicle sales lot within a Heavy Commercial Zoning District (Ref. Sec. 90 -283 (18)) for Lots 1 t-6-3 of Block 7, South Okeechobee, together with that portion of the North to South 15 -foot wide alleyway located between Lots 1 to 3 and 7 to 9, Plat Book 5, Page 7, Public Records of Okeechobee County, Florida, containing approximately 0.54 acres and located at 1000 South Parrott Avenue for the proposed use of a used car sales lot, seconded by Board Member !(�4.-e- Q(o w/ S ecarnry 0A-: -10) ttotAA 7 11° )p ru.h DYE SLo 1 Dr`- `fo to (o c Imo_ b) Board discussion. f c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY .' KEEFE O'BRIEN RFS111 TS. ,7"- !1'CARRIFD DFNIFD CLOSE PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. /0/151is -11I2Ortt Page 7 of VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURN - Chairperson. Planning Board /Board of Adjustment and Appeals Meeting October 15, 2015 Name Address c 7 7 1DEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863- 763 -3134 c 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 Cached copy of advertisement being a in the matter of �1,1t, {' in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of tS Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and sjbscribed bore me this 1t L day of C -f,ti Notary Public, St4te of Florida at Large f Katrina Elsken ANGIE BRIDGES * " MY COMMISSION # EE 177653 �.� •;41C EXPIRES: April 20, 2016 1„; e,Fto;' Bonded —. Notary PUBLIC NOTICE CONSIDERATION or A PROPOSED SPECIAL EXCEPTION NOTICE IS HEREBY GIViN that a QUASI -JUDICIAL PUBLIC HEAR- ING will be held before the City of Okeechobee Board of Adjustment on Oct 15, 2015, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Chambers, Ro 200, Okeechobee, FL, to consider and re- ceive input on Special Exception Petition No. 15- 006 -SE, submitted by Mr. Ken Egan, Chief of Operations, for property owner(s), 1000 Parrott LLC. The request Is to allow an outdoor vehicle sales lot within a Heavy Commer- cial Zoning District, Ref. Code Book Section 90- 283(18). The proposed use is for a Used Car Sales Lot. The property consists of 0.54± acres, located at 1000 South Parrott Avenue: - Legal: Lots 1 to 3 of Bock 7, South Okeechobee together with that portion of the North to South 15 -foot wide alleyway located be- tween Lots 1 to 3 and 7 to 9, Plat Book 5, Page 7, Public Records of Okeechobee County, Florida. The petition may be inspected at the address above during regular business hours, Mon -Fn, 8 AM -4:30 PM, except for holidays. The public Is encour- aged to attend. The Board of Adjustment serves as the decision making body on this maker 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 appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs spedal 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: Interim Zoning Administrator John Cook, Petition No. 15- 006 -SE 472818 ON 9/27/2015 < < D = 0 D Z D C D • Z o n o D D o 0 0 0 0 < 0 L' p m p m •�c v m m m d a� a� Cu a> co 13 C Cn > n -0 o_ _ > o. o. o. o. o. n _a m x OOcp 1-- - o CDi D 0 =.3 0 033 3 3 3 3-a ° z o a v o- ar m a co c0i o p = CD m •a °1 0 0 0 0 m N p co ... 0 a n r: m= m a' o r T. 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CALL TO ORDER - Chairperson: October 15, 2015, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. 3380H333M J0 A1I3 OCTOBER 15, 2015 - PB /BOA AGENDA - PAGE 2 of 2 as a) ui aa)) c N o -a c C6 o m O ca a) 'C-. a) O y N 0 E L_ 3 C U t C7) a C C a) 0 ° O ._ -0a 0 0- c c m N a) O a) _c m O C T d c y a - in oo O C 0 C1 'no _c 0 a) = 0 E o Z O c Q n. Z tii c E a (�j 3 y o c �0 a)U•O W cf) c - 0 m J .0 O N "r c° c Q o C w O O C V ca a) a) c .N • .O od-c E o.o = o = E E 0E 2 coo a E O O O y 0 -0 C N .0 O -c O = co ca 7 U c as a) a a) N 0 0 0 U, _ _ CL 0 0 CO > R C C) Q N C) <Y co CG W 0 J Q m a CLOSE QUASI- JUDICIAL PUBLIC HEARING - Chairperson. 0 cn Q .F3 L 0 c O 0 a) E 0. O 0 v C J U a) 0 w C a) v C m ca 0 a 0 N N c O CEO C a) 0 c W O Z N W Z VII. ADJOURN - Chairperson. O 0 c eo a .R a) °a N e " ° Q CO �°'a E .t .g ° •S 1.-. m o e h E a) h e o a .. 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Q a y y y rH O :•• e o)a ;y U O p p JO p y •e 0 N 'O Z mc E¢ ` 30 Q S a�� Q. •„e G lO 5 ¢ 7 o O .e 0 c E o CD rn y y 17 m m O a f,.- . _ 00) 7 U m ` m m 3 2�° Z a) Q -E o E•o &-co Z 0,a) °e C° 01 a m p o N N W U w 7 c8 e cc To- E 0 d 7% E a) -o co a7 Q am$ as Qwso Exhibit ................", Phone: Fax: ee 1 Departmentt ?, Room 101 -r0 . ,� ida 34974 -2903 (863) 763 -3372, ext. 218 7 (863) 763 -1686 Date: 9 -14-15 Petition No. 15 -Da - -SE Fee Paid:5c0.06 Nisi() Jurisdiction: Bc 1St Hearing: 10-15-16 2"d Hearing: — — Publication Dates: €110,7 ek /d /rj Notices Mailed: 413011 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): 1000 Parrott LLC 2 Owner mailing address: 4241 Corporate Square, Naples, FL 34104 -4754 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E -mail address: Ken @LemacLLC.com 5 Name of contact person (state relationship): Ken Egan, Chief of Operations 6 7 Contact person daytime phone(s): Cell: 239 - 289 -1357 PROPERTY INFORMATION Property address /directions to property: 1000 S Parrott Avenue, Okeechobee, FL 34974 8 Describe current use of property: Used Car Sales 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. One vacant building. No modifications needed. ,p L: :)- Source of potable water: Method of sewage disposal: City Water & Sewer 10 Approx. acreage: 0.54 Acres Is property in a platted subdivision'? ,Nom * LS )D 5/ L [ 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No 12 Is a pending sale of the property subject to this application being granted? No 13 Describe uses on adjoining property to the North: North: Multi - Family East: Restaurant South: Church West: Residential 14 Existing zoning: Heavy Comm Future Land Use classification: -Heavy Comm erca1 15 Have there been any prior rezoning, property? ( )No (X )Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. V01/27/04, 04- 002 -SE, Approved (See Exhibit A) 16 Request is for: (_) Rezone (X) Special Exception ( ) Variance 17 Parcel Identification Number: 3- 21- 37 -35- 0040 - 00070 -0010 V (Rev 3/5/15) OD -Oo6,_ / \ppr w4ei H128) Do Page 1 of 11 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Printed Name Ken Egan, Chief of Operations 1000 Parrot LLC For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 Date (Rev 3/5/15) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: Owner /Landlord 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 2007 / Then re- named, but same owners in 2013 21 Notarized letter of consent from property owner (if applicant is different from property owner) N/A 22 Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) '' 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Printed Name Ken Egan, Chief of Operations 1000 Parrot LLC For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 Date (Rev 3/5/15) Page 2 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: Saks Open a used car sales business. Ouldoof Ue h ;de S'a,cs Zo-1 nis €. f..-e., go -'83 n81 B Are there similar uses in the area? No (x ) Yes If yes, briefly describe them: - There are multiple car dealers and auto repair businesses within walking distance. This location has been in used car sales for the past 12 years. (See Exhibit B for former car dealerships.) We wish to continue with the same business for our new tenant. C If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: Our new tenant would like to use our property for used car sales just like the previous tenants for the past 12 years. D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. N/A E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:19] Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. Ideal location because of property size with a large parking lot. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. No additional changes are needed because this location has been a car sales business for years. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. Bushes, trees and fencing separate our property from neighboring property. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. The property is fenced and all business activity in reference to parking does not affect neighbors. 5. Demonstrate how the utilities and other service requirements of the use can be met. This location is ready because it has been used for the type of business for 12 years. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. The generated traffic will remain the same and be handled the same was as it has been since this property has been used for this type of business for 12 years. (Rev 3/5/15) Page 8 of 11 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. This property is in Zone 7 and is zoned as Heavy Commercial. 2. The use is specifically authorized as a special exception use in the zoning district. Division 8 - Heavy Commercial (CHV) District: Sec. 90 -283. - Special exception uses. (18) Outdoor Vehicle Sales Lot (Please see attached.) 3. The use will not have an adverse effect on the public interest. This property has been established as a car lot the past 12 years and has not had an adverse affect. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. This is true. This property has been an outdoor vehicle sales lot for 12 years. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. There have been no complaints from adjacent properties during the past 12 years of the current use. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Vegetation /fencing already exists. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. This use has had no affect on any of the above for the past 12 years. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. None of these have occurred these past 12 years. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (Rev 3/5/15) Page 9 of 11 Acreage Computation: (North Boundary) 157.45' x (West Boundary) 150.67' = 23,722.99 23,722.86 / 43,560 = 0.54 Acres (North Boundary) 157.45' x (East Boundary) 150.65' = 23,722.86 23,722.86 / 43,560 = 0.54 Acres North Boundary South Boundary East Boundary West Boundary 157.47' 157.47' 150.65' 150.67' Return to: Edward Larsen, Esq. The Chamber Building 2390 Tamiami Trail North, Suite 202 Naples, Florida 34103 (239) 643 -0100 This instrument Prepared by: Edward Larsen, Esq. The Chamber Building 2390 Tamiami Trail North, Suite 202 Naples, Florida 34103 (239) 643 -0100 Property Appraisers Parcel Identification (Folio) Number(s): 3- 21- 37 -35- 0040 - 00070 -0010 Space Above This Line for Processing Data AV 1111111111111111111111111111111111111111 FILE NUM 2013003903 OR BK 00729 PG 0488 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 04/17/2013 12:17:58 PM AMT 10.00 RECORDING FEES $27.00 DEED DOC $0.70 RECORDED BY G liewbourn Pss 0488 - 4901 (3ass) Space Above This Line for Recording WARRANTY DEED (Statutory Form - Section 689.02, F.S.) THIS INDENTURE, made this // day of April, 2013, between LEMAC, LLC, a Florida Limited Liability Company of 4241 Corporate Square, Naples, Florida 34104, County of Collier, State of Florida, Grantor, and 1000 Parrott, LLC, of 4241 Corporate Square, Naples FL 34104, County of Collier, State of Florida, Grantee, WITNESSETH: That said Grantor, for and in consideration of the sum of Ten DOLLARS ($10.00), and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit: Lots 1, 2, and 3, Block 7, SOUTH OKEECHOBEE according to the Plat thereof recorded in Plat Book 5, Page 7 of the Public Records of Okeechobee County, Florida. Together with Book729 /Page488 CFN #2013003903 Page 1 of 3 That Certain Parcel of Land, commonly referred to as an alleyway located between the westerly border of Lots 1, 2, and 3, Block 7, SOUTH OKEECHOBEE, according to the Plat thereof as recorded in Plat Book 5, Page 7, of the Public Records of Okeechobee County, Florida and the easterly border of Lots 7, 8, and 9, South Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 7, of the Public Records of Okeechobee County, Florida. Parcel ID Number 3- 21 -37 -35 -0040- 00070 -0010 Commonly known as 1000 S. Parrott Avenue, Okeechobee, Okeechobee County, Florida. SUBJECT TO zoning, building code and other use restrictions imposed by governmental authority, outstanding oil, gas and mineral interests or record, if any, and restrictions and easements common to the subdivision. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, and together with all rights including, but not limited to, littoral and riparian rights, and easements. SUBJECT TO taxes for the current and subsequent years and conditions, restrictions, limitations and easements which may appear of record. SUBJECT ALSO TO restrictive covenants of record, if any, which are not specifically reimposed or extended hereby. and said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. The Grantor warrants that the foregoing described real property does not constitute any portion of the homestead of the Grantor or his spouse, and is presently intended for use as a commercial parcel. IN WITNESS WHEREOF, Grantor has hereunto set his hands and seal the day and year first above written. 2 Book729 /Page489 CFN #2013003903 Page 2 of 3 Signed, sealed and delivered in our presence: Witness Signature Prin ame: SU IlI ; Fm i41-■ STATE OF FLORIDA COUNTY OF COLLIER LEMAC, LLC T.E. SAMS, Member I HEREBY CERTIFY THAT the foregoing Warranty Deed was subscribed, sworn to and acknowledged before me on this //'day of April, 2013 by T.E. Sams, who is eitherpersonally known to me or who has produced a as identification and who 'did take an oath. WITNESS my hand and official seal, this / /INday of April, 2013. Notary Seal 3 Notary Public, State of Florida My Commission expires: Book729 /Page490 CFN #2013003903 Page 3 of 3 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): 1000 Parrott LLC Thomas Sams, Managing Member Mailing Address: 4241 Corporate Square, Naples, FL 34104 -4754 Home Telephone: Work: Cell: 239- 825 -0714 Property Address: 1000 S Parrott Ave, Okeechobee, FL 33991 Parcel ID Number: 3- 21 -37 -35 -0040- 00070 -0010 Name of Applicant: Ken Egan, Chief of Operations Home Telephone: Work: Cell: 239 - 289 -1357 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS T IS \ \-4` DAY OF Sept 20 t5. �// // -i..� 1./'//x, OWNER WITNESS OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this 1,1A4% day of Se)k 2015. *o`;.•.': "% AMANDA J. EGAN Notary Public: K j t . L ' / ` / SEAL * _, * MY IRES: Septa t FF 029996 � II ' ' EXPIRES; September 7, 2017 a r Commission Ex. es: O- fl- 1e 1 • r ° ',one Bonded 'Wu Budget Noary Services (Rev 3/5/15) Page 5 of 11 OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE G I S / MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER 000 Parrott LLC 00 FT Surrounding Properties Drawn By: PU55 DUNCAN CFE, AGRICULTURE / MAPPER Date: 9/11/2015 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISERS OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON 1 'D 0 m z° Ell V) r .ill. I vD W Z ° DI v 1 ° 0 S„m IQ 0 n cow0 O w4 I1 co ' Jai O1I wW I ut N r C V O 0 4' CA S NOISIA321 311d/9NW1V210 1V3S S,i'0A3A21I1S 9E 'Od /86 33){0 '8'd 'M'C AB NMV210 V/N A8 031f1dW00 S 5 0 0 0 r r a O PI 0 A K 0 z 0 zz 0 0 x 2 xm xo RI � mz PnT O � a 0 m y Om IZSBC :'ON 80f Mg —81.—E :NW/HO 31V0 031 o A S0D'00'40 "W(F) g 40.00'(P)(F) 150V) a S00'00'40`W (F) 149.88' — 6.5' ME CONCRETE SIDEWALK S.W. 2ND AVENUE (70' WIDE RIGHT —OF —WAY) (BEARING BASE: EAST RIGHT -OF -WAY UNE) N00'00'40 "E (F) 300.51' 300'(P) J (PER CITY ORDINANCE 50'(P) 0 0 CA N00'00'40 "E (F) 150.67' "150'(P) co 0o V MH 15' WADE ALLEY (CLOSED & ABANDONED) 1014, RECORDED IN ORB 650. PG. 1317, DATED 3/19/2008) 40'(P)(F) 50'(P) 101.1' 50'(P) >gp 10.1' u z CO CO (Co CO —17 x4, T ,1 v v J X .o 10.4`••• '28.9 MK mg 053 -1 K :01 ).3Aans 'CURB -cur c z 0 0m w m rr zz 0 0 0 N D J 6 N a T Y 'f 0) ” 4 n 00 rr 00 1.� 4P4 V '4 2 A FPc EOP z .h fALY EDGE OF PAVEMENT 1 1 NO FENCE ALONG EAST SIDE OF SITE. 1—J I� 150'(P) 0/ 500'00'40 "W (F) 150.65'1 6.s WIDE CONCRETE SOEWALN ij _i+��+rCSejQ�TTFfi= 'CURB -CUT' CCCP 2 SOUTH PARROTT AVENUE / U.S. HIGHWAY 441 / STATE ROAD 15 (100' WIDE RIGHT —OF —WAY) HLM 213H139O1 (7 al yi. 1'- N- 1AOUO9NC' N OmoDm FF'I O '(• ap D C zz coz r I-i+Asao03 0Fin A .C1--coq .... 1i a sa Nyz. o- N• Q 0 GZ'Oriz,ZCIN -oy _ C 0 1 T g N m� �g� � r �mOTT Ig '�1 c (n 2'luxn 79 _824-gm V)0.Z1-C PI 5� oz EZOZ ooml°n ZS °t•"a°1 '0 -00 •7�C Da v' � Rin2 m s",28 " mo'D m°c m -0-...* °( 2 mOV NZ Za A0 `. 0 01., mO� p 0 o° C Zm OD z zm zz 0 I mrno z 0 Am zm 0 .0 .( nc �O9° 0 O •p oz o 0 'P10' o• �G x01 0 4. D 2 m m01 In � 0 irz- o :P. „ ° zz m"'( co m x m mo �m PR m v, o •D XI yy yy D 0 74 r 0 Is 1VNOISS330&Jd AB A3n1:111s AdaNnoa 0 m_ 3D 0 �I -1 0 23 -T1 I m D Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: 1000 Parrott LLC Petition No.: 15- 006 -SE tt ►i .I Panning Management Services, Inc. 1375 Jackson Street, Suite 206 Fort flyers, Florida 239 - 3363366 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: 1000 Parrott LLC Petition No. 15- 006 -SE General Information Owner 1000 Parrot LLC Applicant Applican Site Address les; °i 1000 Parrott LLC uar les, F 1000 S Parrott Avenue, Okeechobee, FL 34974 Contact Person KenEgan w Contact Phone Number (239) 289 -1357 Email Address ;keri(a lemacllc.com Future an Use Zoning District Existing Proposed Classification Commercial Commercial CHV rmeroutdoor vehicle CHV Acreage 0.54 acres Legal Description Parcel Identification N umber: 3- 21- 37 -35- 0040 - 00070 -0010 Legal Description: SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST OKEECHOBEE COUNTY, FLORIDA (PER OFFICIAL RECORDS BOOK 584, PAGE 1120 AND OFFICIAL RECORDS BOOK 644, PAGE 821, OKEECHOBEE COUNTY, FLORIDA. LOTS 1, 2, AND 3, BLOCK 7, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. TOGETHER WITH "THAT CERTAIN PARCEL OF LAND, COMMONLY REFERRED TO AS AN ALLEYWAY, LOCATED BETWEEN THE WESTERLY BORDER OF LOTS 1, 2, AND 3, BLOCK 7, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND THE EASTERLY BORDER OF LOTS 7, 8, AND 9, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Serving Florida Local Governments Since 1988 1 Staff Report Special Exception Request Applicant's Name: 1000 Parrott LLC Petition No. 15- 006 -SE Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception application for an outdoor vehicle sales lot located at 1000 S. Parrott Ave. in the CHV zoning district. Description of the Situation An outdoor vehicle sales lot is a Special Exception use in the CHV Zoning District [Sec. 90 -283 (18)]. The subject property lies in the CHV zoning district and is comprised of approximately 0.54 acres. The property has historically been used as an outdoor vehicle sales lot. However, the most recent sales lot began operation after the prior use had been vacant for more than 180 days and should have received approval of a Special exception because the prior Special exception approval had expired due to non -use. This was not done and therefore the new business must receive Special exception approval in order to operate an outdoor vehicle sales lot on the property. The Applicant has submitted a survey of the property. The property is bounded on the east by South Parrott Avenue, on the south by a group home, on the west by a single family home, and on the north by SW 10th Street. Adjacent FLUM Classification, Zoning District, and Existing Land Use Future Land Use Map Classification East: Zoning District Existing Land Use: Future Land Use Map Classification South: Zoning District Existing Land Use Future Land Use Map Classification West: Zoning District: Existing Land Use: ixe use residential, . assage and hair salon Commercial and multi - family CHV and RSF1 Restaurant and vacant Commercial Recovery center Commercial CHV Single Family Home Serving Florida Local Government, Since 1988 Staff Report Special Exception Request Applicant's Name: 1000 Parrott LLC Petition No. 15-006-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. "Ideal location because of property size with a large parking lot." We agree that the location and site are appropriate for the use. The prop- erty is zoned CHV and is located along the Commercial Corridor. The CHV Zoning District specifically identifies outdoor vehicle sales lot as an allowable special exception use. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. (3) "No additional changes are needed because this location has been a car sales business for years." There is no indication that the Applicant envisions any new construction. The existing building will be used as a sales office and for storage. We agree that no special design efforts should be necessary as the property has already been functioning as an outdoor vehicle sales lot. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "Bushes, trees and fencing separate our property from neighboring property." We agree that no special visual screening will be necessary as the subject property is virtually surrounded by Heavy Commercial zoning. The property to the west, while zoned CHV is developed in single - family use, is at least partially buffered from the auto sales lot by a few large trees. The property to the south, while now serving as a recovery center was originally a motel when we suspect the subject property was originally approved as an outdoor vehicle sales lot, minimizing the need for any Serving Florida Local Governments Since 1988 3 Staff Report Special Exception Request Applicant's Name: 1000 Parrott LLC Petition No. 15- 006 -SE special buffering. Because all Special exception uses require a site plan review, the Applicant should be aware that upgrading the landscaping along the southern boundary of the property to meet City standards may be required as a result of the site plan review. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "The property is fenced and all business activity in reference to parking does not affect neighbors." We agree there should be no hazards or special problems associated with the proposed use. The subject property has functioned for years without any negative impacts reported. Additionally, the property is completely fenced. (5) Demonstrate how the utilities and other service requirements of the use can be met. "This location is ready because it has been used for this type of business for 12 years." Continuation of the outdoor vehicle sales use will not create additional demands for potable water or sanitary sewer service. The utilities currently serving this property should be adequate for the proposed use. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "The generated traffic will remain the same and be handled the same as it has been since this property has been used for this type of business for 12 years." Staff agrees that it is unlikely that the traffic generated at this site will exceed that which has historically been experienced by the prior outdoor vehicle sales use and no significant impact on existing roadways is expected. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: 1000 Parrott LLC Petition No. 15- 006 -SE 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. "The property is in Zone 7 and is zoned Heavy Commercial." The Future Land Use classification of this parcel is Commercial. The granting of this Special exception is consistent with that classification. (2) The use is specifically authorized as a special exception use in the zoning district. (3) "Division 8 — Heavy Commercial (CHV) District: Sec. 90 -283. — Special exception uses. (18) Outdoor Vehicle Sales Lot (Please see attached.)" We agree that outdoor vehicle sales is listed in §90- 283(18) of the Land Development Regulations as an allowable Special exception use in the CHV district. The use will not have an adverse effect on the public interest. "The property has been established as a car lot the past 12 years and has not had an adverse effect." We agree that the use will not have an adverse effect on the public interest, provided the final site plan is deemed to provide for safe and convenient ingress and egress. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "This is true. This property has been an outdoor vehicle sales lot for 12 years." We agree that the location and site are appropriate for the use. The property is located within the Commercial Corridor and is zoned CHV. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: 1000 Parrott LLC Special Exception Request Petition No. 15- 006 -SE (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "There have been no complaints from adjacent properties during the past 12 years of the current use." Given that this property has been used for outdoor vehicle sales for over a decade, we agree that continuing to allow operation of a vehicle sales lot will not adversely affect property values or living conditions. Since this lot is in the CHV district, outside vehicle sales should not likely affect property values or discourage development of adjacent properties. (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) "Vegetation /fencing already exists." No special buffering or visual screening will be necessary as the subject property is virtually surrounded by Heavy Commercial zoning. The property to the west, while zoned CHV is developed in single - family use, is at least partially buffered from the auto sales lot by a few large trees. The property to the south, while now serving as a recovery center was originally a motel when we suspect the subject property was originally approved as an outdoor vehicle sales lot, minimizing the need for any special buffering. Because all Special exception uses require a site plan review, the Applicant should be aware that upgrading the landscaping along the southern boundary of the property to meet City standards may be required as a result of the site plan review. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "This use has had no effect on any of the above for the past 12 years." There is nothing associated with the proposed use that should be expected to overburden such public facilities. Serving Florida Loral Governments Since 1988 Staff Report Special Exception Request Applicant's Name: 1000 Parrott LLC Petition No. 15- 006 -SE (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "None of these have occurred these past 12 years." The proposed use will not create traffic congestion, flooding, or drainage problems. No additional impervious surface is expected and therefore drainage should be unaffected by the change in the use. The traffic generation of the use is not in excess of the levels of traffic normally associated with other uses allowed in the CHV District. However, the prior special exception approval for this property stipulated that there could be no ingress /egress on South Parrott Ave. Staff recommends that this condition be maintained under the current approval. Recommendation Based upon the foregoing analysis and findings, Staff recommends that Petition Number 15- 006 -SE be approved as requested, with the stipulation that ingress and egress be restricted solely to 10th Street with no ingress or egress allowed from South Parrott Avenue. Submitted by: Wm. F. Brisson, AICP Planning Consultant October 7, 2015 TRC Hearing: October 15, 2015 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: 1000 Parrott LLC Petition No. 15- 006 -SE FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS L. 1 Subject Property- COMPREHENSIVE PLAN t AND U5. i SINGLE III MVLTi . FmmiLY commERCUL III NQVSTRL**. Ptra ' e PAC .a Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: 1000 Parrott LLC Petition No. 15-006-SE ZONING MAP SUBJECT SITE AND ENVIRONS 11 SE ?lli3t. ILI 11114 236 237 Subject Property ZONING OP cw • gJ$mq$s pernatv OW • M&AYY C010111151K144, CLT • 1.11304, CO Ocw CP'0 - Como Polon sseitAL oo nC c i INI•1401.0040 IS w • INOUSTIVAL $ Put ruua,lc MUMS RVs • RES©Ehalm_ MOO ILE r • a SC I • Raseweirii4 swots E F, r ytSr2 - Rt eEIfM . E1N&I fAfelor 4I Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: 1000 Parrott LLC Petition No. 15-006-SE AERIAL PHOTOGRAPH SUBJECT SITE AND ENVIRONS Serving Florida Loca Local Governments Since 1988 10 1IDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863 -- 763 -3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a 'It ,,_L in the matter of in the 1.9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of jL, Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this -1C-A day of G'i� 6� L.'i' L; / AD Notary Public, State of Florida at Large ANGIE BRIDGES ;.: ta■ .4 MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 4;40 Bonded Nu Notary Public Underwriters PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE I5 HEREBY GIVEN that a QUASI- JUDICIAL PUBLIC HEAR- ING will be held before the Gty of Okeechobee Board of Adjustment on Oct 15, 2015, 6 P14, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Chambers, Rm 200, Okeechobee, FL, to consider and re- ceive input on Special Exception Petition No. 15- 006 -SE, submitted by Mr. Ken Egan, Chief of Operations, for property owner(s), 1000 Parrott LLC. The request is to allow an outdoor vehicle sales lot within a Heavy Commer- cial Zoning Disbict, Ref. Code Book Section 90- 283(18). The proposed use Is for a Used Car Sales Lot. The property consists of 0.54± acres, located at 1000 South Parrott Avenue. Legal: Lots 1 to 3 of Block 7, South. Okeechobee together with that portion of the North to South 15 -foot wide alleyway located be- tween Lots 1 to 3 and 7 to 9, Plat Book 5, Page 7, Public Records of Okeechobee County, Florida. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public is encour- aged 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 appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate In this proceeding, contact the General Services Office no later than two busi- ness days prior to proceeding, 863 - 763-3372. BE ADVISED that should you Intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. by: Interim Zoning Administrator John Cook, Petition No. 15- 006 -SE 472862 ON 10/7/2015 1IDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863- 763 -3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a - i.j, 11/1,0i C:..= 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. -- -zit, Sworn to and subscribed before me t is Katrina Elsken dayof��,L ��f i AD Notary Public, State of Florida at Large r• a n? ANGIE BRIDGES •ei MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 '•,p,'' IF'$ Bonded Thfu Notary Public Underwriters PUBLIC NOTICE CITY PUNNING/ADJUSTMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning Thu, Board/Board 5,201 at 6ePM, or asOsoon will thereafter as possible, at Qty Hall, 55 SE;3rd�Ave; Rm 200, Okeechobee, FL. The public is invited and encour- aged to'attend..The agenda may be obtained from ctyofokeechobee.com or by calling the General Services Office, 863- 763 - 3372 x218. ANY PERSON DECIDING TO APPEAL any decision made by the PB /BOA with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record Includes the testi- mony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two busi- ness days prior to proceeding, 863- 763 -3372. BE ADVISED that should you intend to show any document 'picture, video or items to the PB /BOA In support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. By: Chairperson Dawn Hoover 472954 ON 10/9/2015 Patty Burnette From: james burton <jamesburton2009 @hotmail.com> Sent: Monday, October 05, 2015 1:37 PM To: pburnette @cityofokeechobee.com Subject: zoning for 1000 s.parrot ave Per our conversation today I am voicing my concern about the unloading of vehicles from car carriers on sw 10th st. The previous used car dealership would unload on the corner and this was a dangerous situation for the residents around here trying to go west off of parrot ave and going east if one lane was blocked by a car carrier. I am not opposed to a car lot being there but think they can operate without blocking either lane on sw 10th st. Thanking you in advance for assistance in this matter. James Burton 1