Loading...
2016-01-21CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR JANUARY 21, 2016 AGENDA . CALL TO ORDER — Chairperson. Regular Meeting, January 21, 2016, 6:00 P.M. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member William O'Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. 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 November 19, 2015, regular meeting. PAGE 1 OF 5 ACTION - DISCUSSION -VOTE Chairperson Hoover called the January 21, 2016, regular meeting to order at 6:00 P.M. Board Secretary Burnette called the roll: Present Present Present Present Present Present Present Present Present 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 November 19, 2015; seconded by Member Baughman. There was no discussion on this item. VOTE HOOVER - YEA JONASSAINT - YEA MCCOY -YEA MCCREARY - YEA BATTON - YEA KEEFE - N/A BAUGHMAN - YEA BRASS - YEA O'BRIEN - N/A MOTION CARRIED. 59 60 AGENDA V. OPEN QUASI- JUDICIAL PUBLIC HEARING — Chairperson. A. Petition No. 16-001-SE, to allow an outdoor vehicle sales lot within a Heavy Commercial Zoning District (Ref. Sec. 90 -283 (18)) for Lots 11 to 12 of Block 162, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, containing approximately 0.325 acres and located at 800 North West Park Street. The proposed use is for a used car sales lot (Exhibit 1). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 16- 001 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. JANUARY 21, 2016 — PLANNING BOARD - PAGE 2 OF 5 ACTION - DISCUSSION — VOTE CHAIRPERSON HOOVER OPENED THE QUASI- JUDICIAL PUBLIC HEARING AT 6:01 P.M. Special Exception Petition No. 16- 001 -SE, requests to allow an outdoor vehicle sales lot within a Heavy Commercial (CHV) Zoning District (Ref. Sec. 90 -283 (18)) on Lots 11 to 12 of Block 162, City of Okeechobee, Plat Book 5, Page 5, Public records of Okeechobee County, Florida, containing approximately 0.325 acres and located at 800 North West Park Street. The petition was submitted by the owner, Mr. Jason Ferrell. 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. Jason Ferrell, 900 State Road 70 West, Okeechobee, Florida. Chairperson Hoover yielded the floor to Planner Brisson, who explained the applicant intends to use the property for the display and sale of used vehicles. The property is developed with two buildings, access from Northwest 8th Avenue and is completely fenced with the exception of the west property line. 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 Staff's responses to the applicant's presentation on consistency with the LDR's are, the location is appropriate for an outdoor vehicle sales lot, and the size of the site meets and /or exceeds the requirements. No specific design efforts are needed. All surrounding properties, except the property to the east across Northwest 8th Avenue, are designated and zoned for commercial use. The vacant property to the east has conflicting Future Land Use and Zoning designations of Single- family and Industrial. It is expected that in the future these will likely be changed to be consistent and allow for commercial uses. Therefore, no special landscaping or buffering along the property's boundaries is likely to be needed. However, as a commercial use, the owner must still provide, where physically possible, the landscaping and buffering required under LDR Sections 90 -532 and 90 -534, specifically, the minimum ten -foot landscape buffer along the frontage of North West Park Street and the area north of the gated entrance to the property along Northwest 8th Avenue. There should be no potential hazards associated with the proposed use; however, the applicant should pave the driveway entrance from Northwest 8th Avenue. It is apparent that utilities are available given the prior commercial use on 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. Concerns over the customer parking arrangement were noted. LDR Section 90 -512, requires one parking space per 400 square feet of floor area plus one space per 1,500 square feet of outdoor display. The principal building contains approximately 1,265 square feet of floor area, and the outdoor display area approximately 4,640 square feet for a total of six parking spaces. The three spaces located along Northwest 8th Avenue are not legal off- street parking spaces and cannot be counted. AGENDA V. QUASI- JUDICIAL PUBLIC HEARING CONTINUED. A.2. Hear from Planning Staff for Petition No. 16- 001 -SE continued. 3. Hear from the Property Owner or Designee /Agent — Jason Ferrell. 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. JANUARY 21, 2016 — PLANNING BOARD - PAGE 3 OF 5 61 ACTION - DISCUSSION - VOTE Planning Staff's responses to the applicant's presentation on the required findings were reviewed; as well as the special requirements for an outdoor vehicle sales lot. As listed under LDR Section 90- 703(7): 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. These requirements are generally addressed during the site plan review, however, a formal site plan review with the Technical Review Committee is not needed since there is not any grass parking or grass display areas. Mr. Ferrell was present to respond to questions. Although there were no questions from the Board, he commented he had recently planted trees along the frontage of North West Park Street and the driveway off Northwest 8th Avenue had been resurfaced with millings. Planner Brisson stated Mr. Ferrell will need to verify with Administrator Montes De Oca, that millings would be acceptable by the City. 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 The Board of Adjustment agrees with the following findings as required to approve a Special Exception: the proposed use is not contrary to the Comprehensive Plan, and specifically listed in the CHV Zoning District. The proposed use will not have an adverse effect on the public interest, 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 will be a deterrent to the development of adjacent property. There should be no potential hazards or nuisance associated with an outdoor vehicle sales lot. However, as a commercial use, the owner must still provide, where physically possible, the landscaping and buffering required, specifically, the minimum ten -foot landscaped buffer along the frontage of North West Park Street and the area surrounding the gated entrance at Northwest 8th Avenue. The use will not create a density pattern that will over burden public facilities such as streets, schools, and utility services. The proposed use will not create traffic congestion, nor will traffic safety be compromised. Flooding and drainage problems are not expected, although the Building Official or Director of Public Works should ensure that the "dustless surface" and any additional paving of required parking areas will not result in increased runoff. 62 AGENDA V. QUASI- JUDICIAL PUBLIC HEARING CONTINUED. A.6. a) Consideration of a motion to approve or deny Petition No. 16- 001 -SE with /without special conditions continued. 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. JANUARY 21, 2016 — PLANNING BOARD - PAGE 4 OF 5 ACTION - DISCUSSION - VOTE Motion and second by Board Members Brass and McCreary to approve Petition No. 16- 001 -SE as submitted by Mr. Ferrell to allow an outdoor vehicle sales lot within a CHV Zoning District for Lots 11 to 12 of Block 162, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, containing approximately 0.325 acres and located at 800 North West Park Street for the proposed use of a used car sales lot with the following stipulations: 1. The special requirements of Section 90- 703(7) of the City's LDR's previously listed are specifically met. 2. Landscaping and buffering required in the City's LDR's are provided where physically possible. 3. The driveway entrance from Northwest 8th Avenue be paved, especially should any vehicles be delivered onto the site via a semi - tractor trailer. 4. Six paved off - street parking spaces are provided; preferably by relocating the three spaces in the Northwest 8th Avenue right -of -way to an area within the property and by adding three more paved spaces on the property in close proximity to the principal building, at the very least, should the City decide to allow the three spaces to remain in the right -of -way, they should be repaved and three new paved spaces should be added within the confines of the property. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT - YEA MCCREARY - YEA KEEFE - N/A O'BRIEN - N/A MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE QUASI- JUDICIAL PUBLIC HEARING AT 6:19 P.M. Chairperson Hoover asked whether there were any additional requests for amendments to the City's Land Development Regulations. There were none. AGENDA VII. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and ,evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. ATTEST: 1 &LUtfldL Patty M. Burnette, Secretary Dawn T. Hoover, Chairperson JANUARY 21, 2016 — PLANNING BOARD - PAGE 5 OF 5 ACTION - DISCUSSION -VOTE There being no further discussion, nor items on the agenda, Chairperson Hoover adjourned the meeting at 6:20 P.M. 63 1- 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 January 21, 2016 I. Call To Order - Chairperson: Chair Hoover called the January 21, 2016, Regular Meeting to order at II. Chairperson. Board Member Staff Attendance - Secretary. p.m. III. Agenda - Chairperson. A. Chair WO4Q ( asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. n 6- -r'.( IV. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the November 19, 2015, regular meeting; seconded by Board Member 1)11'•frir rm Discussion: nYIQ� 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 Alternate Board Member O'Brien Planning Consultant Brisson, Senior Planner Board Attorney Cook Board Secretary Burnette III. Agenda - Chairperson. A. Chair WO4Q ( asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. n 6- -r'.( IV. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the November 19, 2015, regular meeting; seconded by Board Member 1)11'•frir rm Discussion: nYIQ� 11120/14-Page 2 of VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY KEEFE O'BRIEN ✓ RFSl1LTS• CARRIFD ' DFNIFD V. CHAIR `✓OPENED THE PUBLIC HEARING (QUASI- JUDICIAL) AT ` P.M. A. Petition No. 16- 001 -SE, to allow an outdoor vehicle sales lot within a Heavy Commercial Zoning District (Ref. Sec. 90 -283 (18)) for Lots 11 to 12 of Block 162, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, containing approximately 0.325 acres and located at 800 Northwest Park Street. The proposed use is for a used car sales lot (Exhibit 1). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 16- 001 -SE will be required to take an oath, respond, and give your full name and address). Jason Tee-Ye! l 2. Hear from Planning Staff. 'ea-(1.6A C)1("D (-7) z p4z2, Ian lisfuo-t-u-i ra_Ss pCULICEnLI OLop_,42(k• 4 - -ice .-l-koS f `-ibleyo a_ ( ea p ta/n re vs e..r,J (Le- 2aiGL . T t( rn 2 4--Page 3 of V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. the k NUS /O Q b pco Jur( - 9h+ -+ -5I IS l0 pavect. s lava an 4 S Cra -) Vat cabs( I;r) rR �' Su ©�0 (1'1alc� �. na.�1�k p9 q n 1 ttant Page 4 of V. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. 3. Hear from the Property Owner or Designee/Agent - Jason Ferrell. °I/Lraekt_Ci C (law boc5 to 0' -5 Spots -t6ojut roak, ectwmppff, 1,0 e -4412)- e D{-1 )nedlc( PQ't U-e-CL. 4-D chkedc. 4o Seo (,_)1-\L4-key (mit to Ca-n a d nsLe.d.di acvo ss q- ho • no+ c;,..)-ure. cA)).1t."1-kzir — -r&C r I'S (it( t\./eiti'nj a,n 0,h-cc 14s — kr' \;.b,L)a4 ()--hvz-c, n , (On?. a)/ at thr tnflt14 Page5of V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. i`of1.P,. 5. Disclosure of Ex -Parte Communications by the Board. (\6 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 &-S).„ , made a motion tQapprove /deny Petition No. 16- 001 -SE, to allow an outdoor vehicle sales lot within a Heavy Commercial Zoning District (Ref. Sec. 90 -283 (18)) for Lots 11 to 12 of Block 162, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, containing approximately 0.325 acres and located at 800 Northwest Park Street for the proposed use of a used car sales lot, seconded by Board Member (VI C rea,w' . SCI p,A I0 f 7 ms ate. P1 9 hman— Sh01,LId Si4 vnt I U Can I-ei6ru"Ii-L Yoga or noF • b) Board discussion. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY KEEFE O'BRIEN RFSUI TS: ( CARRIFD DENIFD CLOSE PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. VI I Page 7 of VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. l� VII. ADJOURN - Chairperson. Planning Board /Board of Adjustment and Appeals Meeting January 21, 2016 Name Address °() siAt/e IIthEPENDENT NEWSMEDIA INC. USA PE (rik-ek. t77., 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 /A, 0 66 76 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 rkeechobee, 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. Vv� Sworn to and subscribed before me this (-jam day Notary Public, State of Florida at Large • 1)C(J G,e ; ANGIE BRIDGES !i� :. MY COMMISSION # EE 177653 xan o EXPIRES: ApriI 20, 2016 ;7.4 . .. Bonded Fhru Notary Public Underwriters Katrina Elsken AD 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 Jan. 21, 2016, 6 PM, or as soon thereafter as possible, at City Halt, 55 SE 3rd Ave, Council Chambers, Rm 200, •Okeechobee, FL, to consider and re- ceive input on Special Exception Petition 'No. 16- 001 -SE, submitted by Mr. Jason Ferrell, property owner(s). 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 0,3251 acres, located at 800 NW Park St. • Legal: Lots 11 to 12 of Blodc 162, City of Okeechobee, Plat Book 5, Page 5, 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 publlc 15 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: Zoning Administrator Marcos Montes De Oca, Petition No. 16-001 -SE 474000 1/3,13/2016 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 17i C77 (4 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed efore me this day o Notary Public, State of Florida at Large ",, ANOIE BRIDGES : tom: :r5 MY COMMISSION # EE 177653 • • l,aui`4 ,,;= EXPIRES: April 20, 2016 Bonded Thai Notary Public Underwriters Katrina Elsken :) AD PUBLIC NOTICE CITY PLANNING /ADJUSTMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning Board /Board of Adjustment.(PB /BOA) will conduct a regular meeting on Thu, ]an 21, 2016 at 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. The public is invited and en- couraged to attend. The agenda may be obtained from cityofokeecho- bee.com or by calling the General Services Office, 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 busk, 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 474204 ON 1/15/2016 w < 0 3 G) »z »/ �z 3 / »&EE??E®g —I o = E e m m m m m G@ 0 > E��c =�ac��69 >. . m m > _ ° K _ e& / 0 2 9 m f E\ / 2 2 2 2 2 -\ 0 0- 0' �� ##728 / / / /Eme m °° $ \� / /�&a- - - - -mm > ooP \¥ \k 2 / /E +// \0 o « -0 //r _ 7Ej�%(70 co 02 / co® /I �� - \ =0\ §cn3=0 cn o o wF % \ \ /zeEQ ¥ ®g 7 o )f�� / \ ®& )� e2E� « 2 § 2$ Ku ��$= ® / 0 o as m D $ - d o o g / 4 �y\E ¥ g - \2� 9 k k co us o 0 (D 0 0 k o &\±" / 0 : 7 \ \ / 3 o //\ 3 = o e § ® / 0 \ -o3 a o. co Et Cr 2 0 \ /§ \ \ 9§ \ § /7 7 6 E 0 J ra = CT) 0 - § co 9 a- c. / \,c) R j % 6 Ca < D / 2 \\ \ cii �\ 3 0 7 m 0 \7 co co o \� \ /0 2 p 0. o ? m 0 w 0 0 co 2 � 0 > z a m / 3 I. CALL TO ORDER — Chairperson: January 21, 2016, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. JANUARY 21, 2016 - PB /BOA AGENDA - PAGE 2 OF 2 m vi CO o a C co O ° m co a) U c a) O O- N -0 7 - O .0 N N L_ LL C O O a) O co :E• ---) c c (0 n c�m (L) a) a) 0 Q co .5 >. a) 0 0 ID a N in O) O C O c O a) O Z o c O_ Z c c E o 03 > o W V) Q = 0 Z C d w 0 0 co a) °) co = _c E o -Q = Q E co ` u; W E E ° x o o m =a U c) o -0 J (0 a3 .0 0 C (O m a) a) 7 .N 0 0 n 2 2 o ■ U m a J Q_ U ci ri v is; co n fA Q Q U' Vote on motion. (0 -0 0 CLOSE QUASI- JUDICIAL PUBLIC HEARING - Chairperson. 0 O U) 0 U 0 0 O) CC (1) E 0 O a) a) 0 -O co J U O 0) a) E a) E (a 0 a) 0 ) CO 0 v a T co Q) = c W 0 Z U N CO W VII. ADJOURN • Chairperson. 0 o m a a aci U n S am o` a"i m °' m n ‘-- Cl. iii y a 0 c a 0 E m co ..Q (u o. a, a, a m a, , h U U m a7 h o m O .p t° 'a ° U ° a o am o m 0 N aU n ` o O U C OU n G V, a, C co y G E a) e_ w O IDID.GG U E°_G a n .) 8 a, o-o a -o w E n W p ._ U D L 0 E o 0., 0 . CO GO O N h n CO ;O o —O U C (0 C 'G_. G E a�i c Ego m • co -0 c°, ac) a¢) Co 0 E `,- E a a, o m E m `3 0 _E g m `—° U U ...^ / a, U co N O Gp o co 0 m ` o c o a G a, N Q O 3 m .o = 0 W O, ,..co n oar CL 0 0) 0 C N Q O ¢ -O p a, -) a m ¢ E ° n a 3 m Q -o O ` >>` v, G E a, -0 N y ( , a) a, a m ¢ oy a 0 .� 'G-0 N 0 .0 CO Co a) -G G E ° 3 va 0 :o m -o O a G 00 E C •(-- a a 0 (0 () O N U o O a c 0 Co a C a O co N c a a, 0- O , Q V m U a) (0 m a o n . c a E 2) ° ac, a E o a m m ¢ 0 E a..? o a Vi p n E`¢� o ¢ a G G N 0 0 Z, U c b Q y C y . ° n Cr, o 173°- m °x CO G v, a a, 3 c . c : a., O = +�. a L... cp j O (D CO '0 a, O . -G o -0 a� 0GEQ (� U G 'G � Z a) ¢ a) o) so <° m pa w U m m Z m ....° m aa) coo., 0 .ti w 0 c E ti a, ° 3 ° � '� m —0 O a ( c a ', a o a°i a m O ° a) ca a o° t cc �,E RI ..e >- nN n c ° °' Z a) m a 2 U a 2 ¢ w Cl City of Okeechob( General Services 55 S.E. 3`r Avenu( Exhibit 1 Okeechobee, Flor. Phone: (863) 763 -3372, ext. 218 Fax (863) 763 -1686 Date: , Ia q j 15 Petition No. p -00 -SC Fee Paid: 0600 C� -i«l Jurisdiction: soft 1 a� l[, Hearing: j � 2nd Hearing: f Publication Dates: s'/3 4 I//3 Notices Mailed: 11010 Rezone, Special Exceptionand Uarance APPLICANVINFORMATION. 1 2 Name of property owner(s): Owner mailing address: eriai , � a dwiim l�lig y �� , � %yis 3 Name of applicant(s) if other than owner 4 Applicant mailing address: f ry� E -mail address: �C11P ba Icon V i ) ! 5 �1.0D1 Name of contact perso (state r tionship): 6 7 Contact person daytime phone(s): property: � - rill. ` ,i <� • 5, < `��. PROPER'TYINFORMATION Proper �o let addressXdire JO F�i�. t FL tions to �i-i-Ci ) Describe current u1se of property: 8 Lino &u.pi -e Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. 9 Rill Source of potable water: (JUJ Method of sewage disposal: DLLA CDApprox. acreage: . 3a 5 Is property in a platted subdivision? yes Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 11 140 12 Is a pending sale of the property subject to this application being granted? Kt 0 Describe tises on djoining property to the North: CD, North: VO CU.ni' East: Vacci 1f South: fe-hw Store- West: hrm marKe.+ / B1.1,4c6 r5kop Q4 Existing zoning: CHV Cie, Future Land Use classification: e_ommera/Cu 15 Have there property? Com peen any prior rezoning, ( )No ( )Yes. raia,l) special exception, variance, or site plan approvals on the If yes provide date, petition number and nature of approval. 16 Request is for: ( ) Rezone (Special Exception ( ) Variance 17 Parcel Identification Number: � - - - • 9 0 35 - Delo - 01 cp 93 • -D / l D il (Rev 09/14) Page 1 of 11 v 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 (Z 1/1 ( //-3o-7 r questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 REQUIRED ATTACHMENTS (� Applicant's statement of interest in property: O.SDf (1- l er I C I I 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. a3 20 Last recorded warranty deed: l /a.() J3- 21 Notarized letter of consent from property owner (if applicant is different from property owner) N/q. tt 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. Signatur Printed Name Date (Z 1/1 ( //-3o-7 r questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 A ADDITIONAL MATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: Pit'. See. 610- - x83(18) 0 ��oor_ e i i e (�.leS _ Lot B Are there similar uses in the area? No T ) Yes If yes, briefly describe them: 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: a. ee kppant, �� w PPS D mQ Attach a Traffic pact tudy prepared by a pro essional 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 extemal trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:19] Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. t-Vv#Iway NOW 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. please see ornendme0 doeul men h 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. e-ni-ire parcel J tl used aato r o eS For cSa e o no lands�a � � , 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. P eabc ste am en d mcn d ae� men l-d 5. Demonstrate ht5w the utilities and other service requirements of the use can be met. , . aht h e5, StAch wan() electri e and telephone axc cllrc&h tr - ncis1br4, 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. Tease see amend men doh men (Rev 09/14) Page 8 of 11 Repqi-D.±__t 2 , — P10 l�.Y16 1L\3 ?LCLSLsiiiilik' 1S i with AdiWnk mi5fi1"I6)_hiSJ11ta5 - _ol1m{x%li*1P U5g andAIMhl2oAoo wiU be yu) _lYiers .sign_ArinncesAl- 1-hs_b rye. gq_1\ii-D 4 41'- 1 e__ffliTaritris_II be_main th_uvay Oil ab� xactiL5-4_efiyiniLlhis sp�.16 no mac 1 _air_y_ptcnlial�aEic, azlar_ds, iArrar 5haLLcLAe 110 piololcms geneallal b cal qc_fpiioni The piacfnie_n_LiDkAri6 iouslnrss X15 tnu1fiorbj ancLuauld Ckair,_a_veaive impACi- &orAoalLlottsiness, s_an_c_ due a� __kx S 1 nA neicAhb_oichaoct Repi\I IT # l man hlc#Iwaiv enkranre on an affpnl- siYee -I-, ancl___0a6 SYaaIa_otr CYcalc an\) pthethi& -hicgib h(ulYslS, 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. e use �� kl' s property is saKie,ieni- on io( the use o_F tht yparcel and should V►t- plan require rncnfs, 2. The use is specifically authorized as a special exception use in the zoning district. — Please see alkachcd a mend men- doeument -. 3. The use will not have an adverse effect on the public interest. - Prease see a lku.c,ned gmcn,d.men. doeu.rnen t. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Nes 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. P1e0t5e see Mashed amendman. doeu_rneni 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. t' Selfcening heeded 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. aosfcc �-IWis v\►otad nOf ereote a \ouxden en pithu,L 1 astrubhure, 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Oectsc See alkached amendment doeumea. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light 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 _��aSheV t�a'sard. 42 b - 1a,� �nriitac) di$im* OXii Ctwank1 \I 2aned JOLammerski-Ltizi pnra�oi ul_d_S'i-V wiklaa a_khe svecicl t�Rii_o_n [lac uni ag_cl i skid-. parce I is _WO) 1 R a, - _H___bpJ_,1- d noi� pubic, f_115-e___Dc -0(4154Lrcel_SYiau1 Oiceilt a nqatn!c_e_ckcol-bn the )arfeski_on&_shai1 not crral_c_an _DAversc_fgee2- on surmuiinoj �_t1Sincss'S� A-ht___Lomrnuni Revtl_t 41- 61- 'T aq-cc willaAhe boar- ci- 4AuStrneoi- kha yropas���.Lewon b� ��.s����d �ik}h Ltnchusc,alr v�o�od would area cx a tmcaaLimpatLoniht _:ki 5umc_tarrcnt us:Inesss are __gurrairidin q a eke nal-um MA J0_12,- 5_15 (A_VYe- t)CKt_kInt()TARcY �Nk FlffidincS, buXZIiC1 in which_5Y1Duld_na CY�l.tsan\I AiCinCIAC_xnikShal■ 1k Cr-ca� _Q _��aSheV t�a'sard. P99,- (.30) W W w W W W W W W W w W W W W W W W W W w 0 J J J V J V V J J J J J V J V J J V V V J J J m wwi.,lawwwww www0wwwwwwwwwr TTTTPTTPTTTTTTTTY ,TTTTTSnz o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c o D D D D 0 0 0 o D o o D 0 0 D 0 0 0 0 D 0 D 3 O O O O O m o 999999999999999999999 O 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 ii M00000mmm0mWoWm0MOW00m0 9 S 4 999999 4994 D o 9999/4950 0 0 0 0 0 0 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 00000000000000000N0000;.; 000000000000000D00000)"0 *wwwwxxi22mmomoymmmwD=oO o2272MMGmmm2mM0i -n wrii *O °4A p2222ZDDD >DOm1j0w wilgv 0IZ o - KKK,_ mo >�7(Dnmm -< m3 z-t «torn >2 Dpzz 0m 2 b �zooQ 222 O 0 zD m >m-1 czi0A m 2 2 0, Z1 m m Z 0 m 0 m < - -1 (1) m r 0 m m r D00 D 0 • J J0' m In 'U Om -I) 00 (0 T -( N \° D 001j,0o.72 ao pm >mmoJ00000"wp0 mo0mo0tncnv�cncn OSOO� *Otnmm2 0xx�xv������0xmxxJzzX Am 00000z4.� -Ai 00mwrmv�DDN -Oir. rn(1) y22 {2�222ApDJm(n �STSTSSQO� SUT '9DDDD002 Z 00 DDD v �mmm 4 z -1� z 2 0 0mmmrr 2 r<rrm° D 2 0 c c 0 m z z 2 co 2 00 0 m c c w -I mm w mmw C °ro m mr3 -1 o O m D m 0 m > N 01 0 0 0 ,-=1,8868 0, m m x m 52202 OWWW 0 --1-1 T--1 m 00 0 01.6f 1332l1S 2:131NM 009 3NV1111WWfS 0 �� J O Z 0 0 0 0 0 0 K 0 0 0 xDDDDDT.T.7(00 T.OT.T.T.TT. -T2-, m 0 0 0 0 0 m m m m 2 m< m m m m m m D m rr MXXXXXmmm -I-1 m >mmmmmm_0 0 0 0 0 0 0 0 0 0 0 0 0 -1 0 0 0 0 0 0 0 Z Z 2000002=2 _i--i 20222222 2 D D Ozzzzz000 0 000000 oo m « « <mmwcc w wmm00w w m mrrr(- rmmm00 m mmmmmm m m m m m m m m m m m m m m m m m m m m T T T T T T T T T T T T O T T T T T T T T T (n r r r r r r r r r r r r D r r r r r r r r r -1 (.7 (,] N A W W W W N A A A A A A (Ty 0 0 0 0 N W WW v V J 0 O O o 0 0 0 A A A A A -, A 0 O A O A N W A N (m( I 0000003(0(0(0(0(0 010000W0-.W-.W03 0 0 0 0 0 0 - - 4 J - 4 0 1 0 W A O W J 0 W A A V 0 0 0000(OAAA W W 0J(n0 JA0 W W A> OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT W.C. 'BILL" SHERMAN, PROPERTY APPRAISER 100 FT Surrounding Properties Basemap4a Drawn By: RU55 DUNCAN CFE, A6RICUL TORE /MAPPER Date: 9/29/2015 •,',AaYWr. - ---- THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON 3' — uP� \ h rn N 29.3' 29.2' rn N FOUND 5/8" IRON ROD "NO IDENTIFICATION" FENCE 0.5'N &3.3W'E CO• X X _ X +x + 50.00' x 50.00'4- \ul ty', • 0 \ BLOCK WALL X71.2' 3 X BUILDING FLOOR ELEVATION= 31.66 & 31.33 LOT 11 BLOCK 162 4'X4' CONCRET SIGN BAS M, SZ,O LOON 0 ti LOT 12 \ BLOCK 162 UP x x bc CARPORT 4'X8'-" CONCRETE 50.C�'— X cri 0 25.1' cri 0 \\—\\-4–— UP �O.y ,�o�O I, x oI0• 1,50' z 0 0 O 0 iND cn a 3'X22' TILE 1.0' ()) ti- ASPHALT ASPHALT :" ELECTRIC 50 0" PULLBOX x —x x 9 x 3'X3' CONCRETE 0„ �c9 2.0' <js w Ol ti ()J ' >k x ();V 2' CURB & GUTTER ecPI- AL T w 0 O SET 5/8" IRON ROD /CAP "LS3335" FENCE 1.0'N &2.2'W Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Jason Ferrell Petition No.: 16- 001 -SE Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239- 334 -3366 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Jason Ferrell Petition No. 16- 001 -SE General Information weer.: Owner Address: Cason rerreii 900 SR 78, West Okeechobee, FL 34974 Contact Person: Contact Phone: E -mail Address: andUse Map Classification Zoning District Useof Acreage eechobe Jason Ferrell 863 - 634 -7737 eaglebayjason @gmail.com Proposed Vacant commercial:a Outdoor vehicles Legal Description of Property LOTS 11 AND 12 BLOCK 162, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Parcel Identification Number: 3- 15- 37 -35- 0010- 01620 -0110 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 is developed with two buildings, the primary building has access from NW 8th Avenue and the balance of the property is also accessed off of NW 8th Avenue via a gate in the fencing. The secondary building at the rear (north end) of the lot appears to be a storage shed. The property is bounded on the south by NW Park St. /SR 70, on the east by NW 8th Avenue, on the north by vacant commercial property and on the west by a farmer's market. Serving Florida Local Governments Since 1988 1 Staff Report Special Exception Request Applicant's Name: Jason Ferrell Petition No. 16- 001 -SE The Applicant intends to use the property for the display and sale of used vehicle, with only one employee working about 60 hours per week. From looking at aerial photography, there are two areas that appear to have provided parking, at one time or another, for the property. Along the east side the property there are what appear to have been three asphalt parking spaces, one of which is designated for the handicapped, located in the right -of -way and backing out onto NW 8th Avenue. The paving of these spaces gives the impression of having significantly degraded to a condition that is Tess than City standards. The balance of the property, where one would expect the vehicles to be displayed, looks as though it has recently been improved with a layer of gravel. The City Administrator or Building Official will need to make a determination as to whether or not this qualifies as providing a "slightly and dust free condition ". Adjacent FLUM Classification, Zoning District, and Existing Land Use FuuLe an Use Mao Classification Zoning District Existing #Land Use Future Land Use Map Classification East Existing Land Use: vacant Across 8th Avenue, Single- Family Residential Across 8th Avenue, IND Vacant A ross W Park Street Co . ercial West ing District Across NW Park Street Existir a LandlUs Future Land Use Map Classification Zoning District: Existing Land Use: vancerAuto Part Commercial CHV Farmer's market Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Jason Ferrell Petition No. 16- 001 -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 intended to address these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. We have highlighted text identifying deficiencies or potential problems. (1) Demonstrate that the proposed location and site are appropriate for the use. "Highway frontage." 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 commercial uses. The site's area and width meet or exceed the minimums required. (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. "Building has proper placement for future projected plans, it is pre- existing, it is compatible with adjacent existing business uses and neighborhoods. There will be no design changes at this time." 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, overly massive, or incapable by virtue of design or location to protect adjacent properties from expected noise, odor or other impacts. Staff Report Special Exception Request Applicant's Name: Jason Ferrell Petition No. 16- 001 -SE (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "Entire parcel will be used to display automobiles for resale w /little or no landscaping." While not special landscaping or visual screening is necessary along the property's boundaries because all surrounding properties (except the property to the east across NW 8th Avenue) are designated for commercial use on both the Future Land Use Map and the Zoning Map. The vacant property to the east has conflicting Future Land Use and Zoning designations of Single- family and Industrial. It is expected that in the future these will likely be changed to be consistent and allow for commercial uses, and therefore no special landscaping or buffering is likely to be needed. However, as a commercial use, the proposed outdoor vehicle sales lot must still provide, where physically possible, the landscaping and buffering required under Sections 90 -532 and 90 -534; specifically, the minimum ten -foot landscaped buffer along the frontage of NW Park St. and the area north of the gated entrance to the property along NW 8th Avenue. (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 entrance is off the main highway on an adjacent street, and this entrance should not create any potential traffic hazards. There should be no problems generated by this special exception due to the placement of this business at this location, and would create a positive impact for local businesses and the surrounding neighborhood." We agree there should be no potential hazards associated with the operation of an outdoor vehicle sales lot as described by the Applicant. However, we believe the Applicant should pave the driveway entrance from 8th Avenue, especially if any vehicles are to delivered onto the site via a semi - tractor trailer. Ltwal Gmernment -, e 1988 Staff Report Special Exception Request Applicant's Name: Jason Ferrell Petition No. 16- 001 -SE (5) Demonstrate how the utilities and other service requirements of the use can be met. "All utilities such as water, electric and telephone are already pre - existing." Given the fact of the prior commercial use of the property, it is apparent that utilities are available. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "The entrance is off the main highway on an adjacent street, and this entrance should not create any potential traffic hazards." The parcel has an existing, unpaved driveway on NW 8th Avenue providing for 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. However, as stated previously we believe the Applicant should pave the driveway entrance from 8th Avenue, especially if any vehicles are to delivered onto the site via a semi - tractor trailer. In addition, we have some concerns over the customer parking arrange- ment. Sec. 90 -512 requires one parking space per 400 square feet of floor area plus one space per 1,500 square feet of outdoor display. The principal building contains about 1,265 square feet of floor area and we estimate the outdoor display area at about 4,640 square feet. Therefore, a total of six parking spaces are needed: three spaces for the building floor area and another three for the outdoor display area. Despite the fact that the three spaces located in the right -of -way of NW 8n' have been used in the past, they are not legal off - street parking spaces and should not be counted towards the required six spaces. The preferred parking arrangement would be to relocate these three to an area within the property and add three more for a total of six legal paved off - street parking spaces. At the very least, should the City decide to allow the spaces to remain in the right -of -way, they should be repaved and the other three paved spaces should be located within the confines of the property. xing Florida 1,i)C, I ( ;.' ernrniant, - 1.488 Staff Report Special Exception Request Applicant's Name: Jason Ferrell Petition No. 16- 001 -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 use of this property is sufficient for the use of this parcel, and should fit plan requirements." The property is designated Commercial on the FLUM and outdoor vehicle sales is a use consistent with the purpose and intent of the Commercial Future Land Use Category. (2) The use is specifically authorized as a special exception use in the zoning district. (3) "The zoning district for this parcel is currently zoned for commercial use, and should fit within the special exception use zoning district." Outdoor vehicle sales lot is specifically listed as item (18) in the list of special exception uses allowed in the CHV Zoning District. The use will not have an adverse effect on the public interest. "The use of this parcel should not create a negative effect on the public interest, and shall not create an adverse effect on surrounding businesses or the community." 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 8th Avenue; is generally surrounded by other vacant or developed industrial commercial properties, or properties expected to allow for commercial uses in the future [refer to our response to Standards (3) in the previous section]. S..rring 1'I Li 6o■ernnn-nt+ Rin,..- 1988 Staff Report Applicant's Name: Jason Ferrell Special Exception Request Petition No. 16- 001 -SE (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) "Yes" We agree that the location and site are appropriate for the use. The site's area and width meet or exceed the minimums required for this special exception use. The property is located within an area designated on both the Future Land Use Map (FLUM) and the Zoning Map for commercial uses. Surrounding uses are either commercial or expected to be commercial uses in the future. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "I agree with the Board of Adjustment that the proposed special exception would be justified with the land use, nor would it create a detrimental impact on the area. Some current surrounding businesses are of a like nature." 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 vacant or developed commercial properties, or expected to be designated as commercial properties in the future. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "No screening needed." We agree. There should be no potential hazards or nuisance associated with outdoor display and sale of vehicles. Staff foresees no need for special screening of the property from surrounding uses. However, as a commercial use, the proposed outdoor vehicle sales lot must still provide, where physically possible, the landscaping and buffering required under Sections 90-532 and 90 -534; specifically, the minimum ten -foot landscaped buffer along the frontage of NW Park St. and the area north of the gated entrance to the property along NW 8th Avenue. Staff Report Special Exception Request Applicant's Name: Jason Ferrell Petition No. 16- 001 -SE (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "I agree; this would not create a burden on public infrastructure." 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. "This is a pre- existing property that in which should not create any flooding, drainage, nor shall it create a public safety hazard." 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, but the Building Official or Director of Public Works should ensure that the "dustless surface" and any additional paving of required parking areas will not result in increased runoff. 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. f E'101 ala to( al Lit ff1n SipCe P)88 Staff Report Special Exception Request Applicant's Name: Jason Ferrell Petition No. 16- 001 -SE Recommendation Based upon the foregoing analysis and findings, Staff recommends that Petition Number 16- 001 -SE be approved as requested with the following stipulations: 1. The special requirements of Sec. 90 -703 (7) are met. 2. Landscaping and buffering required under Sections 90 -532 and 90 -534 are provided where physically possible. 3. The driveway entrance from 8th Avenue should be paved, especially if any vehicles are to be delivered onto the site via a semi - tractor trailer. 4. Six paved off - street parking spaces are provided; preferably by relocating the three spaces in the NW 8th Avenue right -of -way to an area within the property and by adding three more paved spaces on the property in close proximity to the principal building. At the very least, if the City should decide to allow the three spaces to remain in the right -of -way, they should be repaved and three new paved spaces should be added within the confines of the property. Submitted by: Wm. F. Brisson, AICP Planning Consultant January 8, 2016 Board of Adjustment Hearing: January 21, 2016 Attachments: Future Land Use Map Zoning Map Aerial Photographs Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Jason Ferrell Special Exception Request Petition No. 16- 001 -SE FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS Subject Property 134 LTT1 _ _;El COMPREHENSIVE PLAN LAND USE 171 SINGLE • FMK.) ▪ MULTI • FAMILY dB COMMERCIAL ▪ INDJSTRIAL )I PUBLIC FACILITIES RES;DENTIAL MIXED USE Seri i�lg Florida Local Governments Since 1988 IMP 10 Staff Report Special Exception Request Applicant's Name: Jason Ferrell Petition No. 16- 001 -SE ZONING MAP SUBJECT SITE AND ENVIRONS Subject Property 133 134 NW 2nd St ZONING _9D• LOLMA BUSINES'Si ?RIC ^ti4' • HEAW GO►M1ERO _T • LIGHT COMMERCIAL ° O • COMM PROFESSIONAL O Pr ." H- HOLDING INDUSTRIAL ..:E • PUBItC FAOILIT?ES FUDAnxED FL, D-R . RMF RESIDENTIAL MLLTiFAMN.Y RMf+ - RESIDENT AL MOBILE HOME RSF? • RESIDENTIAL SINGLE PAWL RSF2 • RESIDENTIAL SINGLE FAM Serving FIr>rida Lucas Governments Since 1988 11 nts Since 1988 (1) 0 a) C O 0 C o o x o w a)— 4- U (6 a) .f.. Q CO 0) ^W E W - o 0_ Lo Z 0 o Z o co c 0 O J ins Since 1988 ng Florida Local Governm VJ L a r u- o c O O CO (n r -) O (V Z C c O z Q C2 Since 1988