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16-001-SE Jason FerrellCity of Okeechobee Date: I Ila q Petition No. Lp-d0 (--SC General Services Department Fee Paid: �� C�# �( Jurisdiction: 55 S.E. 3`d Avenue, Room 101 15 Hearing: I 2" Hearing: — Okeechobee, Florida 34974-2903 Publication Dates:' LA Phone: (863) 763-3372, ext. 218 Notices Mailed: I (.p((p Fax: (863) 763-1686 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): 2 Owner mailing address: 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E-mail address: 5 Name of contact perso (stater 1 tionship): 6 - Contact person daytime phone(s): &03 - PROPERTY INFORMATION �b%' �� cy Pro ert address dire tions to property: Pp IV, t • \R Describe current hse of property: 8 unomp.ie Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. 9 RIO Source of potable water: 00 Method of sewage disposal: LjA 10 Approx. acreage: . 3a5 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: 12 Is a pending sale of the property subject to this application being granted? 0 Describeses on djoining property to the North: VCLCDA'r Vaco-n-i 13 North: East: South: ne+o u SfAre . West: farm mar'KG+ / &j. -C6 r.Shvp 4 Existing zoning: CNV 4CAVy Future Land Use classification: CzryvnerClG(,I (t) Hot reial 15 Have there teen any prior rezoning, special exception, variance, or site plan approvals on the property? (_::NjNo (_)Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (__) Rezone Special Exception (_) Variance 17 Parcel Identification Number: -,0' -Dcm'o J(f1 Q two (Rev 09/14) 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. Signatu _ Printed Name Date Forquestions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 1___' (Rev 09/14) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: CIsw 1, f {- f (f I I Ytl Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500p1us $30/acre; Variance: $500 19 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: U / 21 Notarized letter of consent from property owner (if applicant is different from property owner) N pt Three property surveys (one no larger than 11x17 containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number �p V 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. Signatu _ Printed Name Date Forquestions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 1___' (Rev 09/14) Page 2 of 11 I I3o 8 2-u (b1/60 AOd) juauJT-oop�uawl?uaWn aas asv21d -alts uo pus alis33o `palpuug aq IIIM paltuoua2 ogjual jo loudwt ay; mog aluilsuowaQ •9 'SDUwS�X�-2 wpl1 Imlom ;,o 4vc,2 X191 n 1� •law oq use asn agl jo sluawa.unba.i aolnaas .iaglo pus sai;Ililn au; mgq alu.ilsuowa(I •s '4 VdW11�09 4 U)W p Baauu10 ass '-)C •swalgoid Iuilualod Bons ou salua.io asn agl jo a.inluu oqj moq utuldxa .io `asn aq; Xq paluaauag aouuslnu oilgnd .io swalgold `spauzuq lullualod Xuu jo loudwl oql oonpa.i of posodo.id si lugm olualsuowaQ •I, 'hu!c��JS ub� ou o+ �C IL'SSaoaU si 2uwaaios Iunsln ou Xqm utuldxa .to `.sasn luooufpu wo.g asn oql uoa.ios xllunstn of sonbiugool2uiduospuul Xuu alullsuowaQ •£ "iUdW P?op J Ue;WVU;Wl) 25 PWIJ�8 -, •papaau a.ie s;.iojja u2lsap ogioads ou Xqm utuldxa .to `pooq.iogy2iau aql puu sasn luooufpu agl ql!m algllsdwoo aas X;)ql os pau2lsop uaaq anuq s2uiplmq pasodo.id puu alts aql moq alu ilsuowaQ •z it •asn aql .ioj olul.idoidds aas alts puu uotluool posodo.id agl lugl alu.ilsuowaQ • I -Isenbai s,lueollddy eql japisuoo Alalenbape of awil luaiogns Iuaw;snfpy Io pjeog eql pue }IBIS molle of japio ui sanssl asagl Io goes ssaippe Iegl slelialew 'uoileolldde iaq/siq ui 'apnloui lueoilddy aqI legl spuawwooai Albuoils }}elS *Iuawlsnfpy Io pjeog aql ajolaq uoileluesaid jaq/slq ui sanssi buimolloj aql ssaippe of (q)£L£-OL 'oaS Aq paiinbaa aie slueoilddy EGVOLOO abed Na -i `(q)EL£-OL 'oaS] N011d33X3 -IV133dS `d ONIlN"!D NO=l Sa21`d4Md1S Ijusswou se shags leuolllppu goulld -molaq paquosap se uoildaoxa luioads u ion s�?uipug pa.nnba.i pue spiiupuuls aql Oulssaippe sasuodsag g •loafo.id ag;;nogj!m pue g;tM s)lull ,CeMpeoa luaoeCpe lIe uo a3inJas3o lanai pue `sdul .inoq 3lead •w•d pue •w•u `suollulnoleo a.in;deo Iuuaa;ui `suoilulnoluo XL,q-ssud `sdi.il luwalxa mou lau jo lagwnu aql xjlluop! ;snw dl,l, aqZ •uol;unuao ciiiijo uoilipa;uwaa lsow saaaui?ug uoi;upodsuuiZ jo a;nlilsul agl u► pouiuluoo su asn iellwis a ;sow ag; ao3 slolouj uol;uaauag d!al agl �?uisn spua dul aloigan inoq )lead aiow io 001 a;uioua2 ll!m asn posodoid to uoildama lutoads oql 3l `aaauilsuo uollupodsuu.q to aauuuld uotlupodsueil luuoissa old a Xq pa.iuda.idpnl ;oud oiqje.i L u gouud :Ouipl►nq u jo apislno polonpuoo aq of sallini;ou,iuu puu `uollu.iado jo s.inoq `sooAoldwa jo aagwnu `ssauisnq agl jo aan;uu oq; aquosap,Cllatiq'ssoulsnq u3I S :wagl ogl.iosap Ag;)ijq `saj1 sa oR Luole oql ul sasn jeltwts a.iagl a.id y► NO ws-til :;gOnos uol;daoxg Iuloads aq; agtaosaQ NIOIIJHDX21 'IVI35[dS v 2I03 mmf1Ua2I NIOIZvmoAml rivmoLLI(lav 'CORMTRA rd-dUT),Ajuj (6w vu u mmt a() a I IPIa ,IOU uv u Mw CA L F\ � (Am 0-1 VII . !sxa 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. The Pe 0 +W5 propc(N Is siJ�16'er4 �0( the u5 -e o� ►5 par e1 and should �4 plan requirernen+s, 2. The use is specificall authorizdd as a special exception use in the zoning district. - ?iffje see Wchcc amendment- dXamftlt. 3. The use will not have an adverse effect on the public interest. oeasie see aItac►ped amendment doww k, 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. y� 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. P►mc See a Bach ed amend merit doeu me4. 6. The use may 6e required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. K10 Swenln� needed, 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. -'T Q ,+VA6 woa b� LLId not �feahe Lrden �Nb on 1n,M51rubhure, 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. p► case See Aach ed u.mend rnen k &eumCn � . 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 W ITHIN TWO YEARS OF THE APPROVAL [Sec. 70-348(4)] (Rev 09/14) Page 9 of 11 • m r r r Ap 0 - A I I ar I•r Parcel DNumber: 3-15-37.35-OOIM1620-0110 140 i W. Oka -Tante Title Company, Inc. 105 N. W. 6th Street Okeechobee, Florida 34972 FILE NO. 32670 Warranty Deed This Indenture, Executed this August 2a 2013 A.D. Between GHAZALA MATIN ABDULLAH, 1111111 Iilll Itlll Illtl Illli �tll Ilii 1111 FILE HUM 201 008840 OR BIG 735 PG 1038 SHARON ROSERTSONr CLERK OF CIRCUIT COURT OKEECHWEE COUNTY+ FLORIDA RECORDED 08/27/2013 02:14:42 PM AMT $87+500.00 RECORDING FEES $18.50 DEED DOC $612.50 RECORDED B'f M Finon P9s 1038 - 1039; (2 P9s) whose address is 1012 STATE ST NW, ATLANTA, GA 30319, hereinafter called the grantor, to JASON FERRELL, A MARRIED MAN, whose post office address is: 39 ;$1 R&VTXZ tf, OKEECHOBEE, FL 34974, hereinafter called the grantee: 900 State Rd 78 West (Whenever used herein the term 'grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the Bocce % and assigns of tmporatiom) Witnesseth, that the grantor, for and in consideration of the stun of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that ciggp land situate in Okeechobee County, Florida, viz: LAND DESCRINICONAW I BIT "A"` ACRD. 91 IL THE CINt DO NSTITUTE THE HOMESTEAD OF THE GRANTOR -37-35-60]8-il�r 10regxions,easements of record dr'A taxes for the current year. TogethOWOWWkVo6i'ments, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple fore And the grantor hereby covenants with said grantee )wd is of said land in fee simple; that the grantor has good right and lawful authority to sell and convit y saidthegrantor hereby frilly warrants the title to said land and will defend the same against the lawful claims of all persons at said land is free of all encumbrances except taxes accruing subsequent to December 31, 2012. In Witness Whereof, the said grantor has signed andpealed these presents the dpy and year first_abov"Titlen. Signed, sealedj^and delivered in our presence: Y1• clrmoaa Printed Ntma W L a� �. r Witness Pnnted Name State of GEORGIAL County oftc� t a� D GHAZALA MATIN ABDULLAH Mdress. 1012 STATE ST NW, ATLe The foregoing instrument was acknowledged before me this August Z— 2013, by GHA7ALA MATTN personally known to me or who has produced a drivers license as identification. Notary Publi. Print Name: My Commission DEED Okeechobee Closers Choice who is/am Book735/Page1038 CFN#2013008840 Page 1 of 2 Exhibit "A" LOTS 11 AND 12 BLOCK 162, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLOR DA.(ss/jd'13) File Number: 32670 Legal Deseriptimi with Non Homestead Closceq Choice Book735/Page1039 CFN#2013008840 Page 2 of 2 -a-� `-t' Petition No. Up -001 -SE Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use orzoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this 1 day of nature of Applicant , �oc.,on C, R"t> I Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed bre me this C1 known to me t/ did not take an oath. 41aoll P. 13,c, AQ Notary l4lublic, State of Florida )0 ec i Date day of 0eUMb.e r , �Ci 15 . Personally or produced identification and Seal: g Notary Public State of Florida Patty M Bumette 11 My commission EE 218358 Expins 10102/2018 (Rev 09/14) Page 3 of 11 City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 218 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: January 6, 2016 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 16 -001 -SE to allow an outdoor vehicle sales lot within a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (18)) located at 800 NW Park Street. The proposed use is for a used car sales lot. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, January 21, 2016, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnetteOcityofokee '. ',ee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator CITY OF OKEECHOBEE 55 SE 3rd AVENUE OKEECHOSEEt Fl. 3074 neopost.- 01106/2016 $000.35° ZIP 34974 0411-11251539 RECEIVED FEB 0 1 2016 0 6 N l.Xl F 339 DE o 0 6.1 dz- RETORN TO SENDER NOT DELIVERABLE AS kDDRESSED u't4ABLE TO ';GIRWFri; D SC: 34974290355 City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 218 Okeechobee, FL Dear Property Owner: Fax: 863-763-1686 January 6, 2016 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 16 -001 -SE to allow an outdoor vehicle sales lot within a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (18)) located at 800 NW Park Street. The proposed use is for a used car sales lot. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, January 21, 2016, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette cityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 218 10 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: January 6, 2016 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 16 -001 -SE to allow an outdoor vehicle sales lot within a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (18)) located at 800 NW Park Street. The proposed use is for a used car sales lot. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, January 21, 2016, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette a()cityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator Salry RR 5H LLC C/O CSX Corporation 2473 SW 24th Avenue 500 Water Street 1910 Okeechobee, FL 34974 Jacksonville, FL 33202 Jimmy & Sheryl Byrd Eli's Western Wear Inc. PO Box 2344 907 WN Park Street Okeechobee, FL 34973 Okeechobee, FL 34974 Karla & Debra Holdings LLC Louis Arrighi Limited Partners PO Box 1565 Dennis & Teresa Campbell Okeechobee, FL 34973 20 Summitt Lane Novato, CA 94945 Joseph Perretta Riedel Family LLC 510 SW Port St. Lucie Blvd 744 SW 24th Avenue Port St. Lucie, FL 34953 Okeechobee, FL 34974 Dowling R. Watford Trustee Okeechobee County Administrator Martha B. Watford Trustee Robbie Chartier 2706 NE 6th Court 304 NW 2nd Street, RM 123 Okeechobee, FL 34972 Okeechobee, FL 34972 AJP Land Company 7050 SW 86th Avenue Miami, FL 33143 Sarah Regina Hamrick Trustee PO Box 837 Okeechobee, FL 34973 Mary Ann Newcomer PO Box 1537 Okeechobee, FL 34973 Ivan & Nancy Rom Joint Rev Trust 1770 Rising Oaks Drive Jacksonville, FL 32223-0859 2010-1 RADC/CADC Property I LL % Roetzel & Andress LPA 420 S. Orange Avenue CNL Center II, 7th Floor Orlando, FL 32801 NuTlLot: ulm FUtiLli. HtNKIN SPECIAL EXCEPTION PETITION N0. 16-001-SE DATE: JANUARY 21, 2016, 6 PM, AT CITY HALL PURPOSE: TO ALLOW AN OUTDOOR VEHICLE SALES LOT IN A CHV ZONING DISTRICT ON THIS SITE APPLICANT: JASON FERRELL PROPERTY OWNER: JASON FERRELL FURTHER INFORMATION CONTACT: General Services Dept, 863-763-3372, Ext 218 55 SE 3rd Ave, Okeechobee, Fl. 34974 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING/SPECIAL EXCEPTIONNARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): W-001- SE Date of I" Public Hearing: Address of subject property (or Legal if no address): 800 N W ParK S reef I, Donnie Rob�r�on , hereby certify that I posted the "Notice of Public Hearing" sign in accordance with the above instructions on - 6- I (p , and will remove sign on I- as - Its - Signature: ' '., Date: ,,�" STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 201by-)ae)nie &btKf-S l - who is personally known to me ✓or produced as identification. A -UV ffi, &2(LQ, (signature) SEAL: Print, t e or stamp name of Notary �� Notary Public State of Florida Fatty M Burnette ` My Commission EE 218356 !,"-, of" --e Expires 1 010 2/2 0 1 6 City of Okeechobee t 55 SE Third Avenue Tele: 863-763-3372 Ext. 218 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: January 6, 2016 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 16 -001 -SE to allow an outdoor vehicle sales lot within a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (18)) located at 800 NW Park Street. The proposed use is for a used car sales lot. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, January 21, 2016, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette o)citvofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator PARCEL NUMBER ✓2-21-37-35-OA00-00006-0000 X 3-15-37-35-0010-01610-OOSA X 2-16-37-35-OA00-00007-0000 .t3-15-37-35-0010-02010-0030 -1, 3-15-37-35-0010-01990-0010 V 3-15-37-35-0010-01630-0240 4615-37-35-0010-01620-0070 ,4- 16-37-35-OA00-00009-0000 15-37-35-0010-01630-0010 "3 15-37-35-0010-01980-0010 2-21-37-35-OA00-00003-8000 15-37-35-0010-01300-0010 3-15-37-35-0010-01610-0050 V2-16-37-35-OA00-00008-0000 v3-15-37-35-0010-01610-0010 ✓3-15-37-35-0010-01610-0030 ✓3-15-37-35-0010-01610-0020 3-15-37-35-0010-02010-0010 / 2-21-37-35-OA00-00053-0000 '-/2-16-37-35-OA00-00005-0000 ✓2-16-37-35-0A00-00013-0000 V 16-37-35-OA00-00012-0000 315-37-35-0010-01620-0010 OWNER -NAME 2010-1 RADC/CADC PROPERTY I LL 5H LLC AJP LAND COMPANY BYRD JIMMY L SR & SHERYL S ELI'S WESTERN WEAR INC ELI'S WESTERN WEAR INC FERRELL JASON HAMRICK SARAH REGINA TRUSTEE KARLA & DEBRA HOLDINGS LLC LOUIS ARRIGHI LIMITED PARTNERS NEWCOMER MARY ANN OKEECHOBEE COUNTY PERRETTAJOSEPH PERRETTAJOSEPH RIEDEL FAMILY LLC RIEDEL FAMILY LLC RIEDEL FAMILY LLC ROM IVAN I & NANCY JOINT REV T SALRY RR SALRY RR SALRY RR SALRY RR WATFORD DOWLING R TRUSTEE & ADDRESS -1 %ROETZEL & ANDRESS LPA 2473 SW 24TH AVENUE 7050 SW 86TH AVENUE PO BOX 2344 907 WN PARK ST 907 WN PARK STREET 900 SR 78 W PO BOX 837 PO BOX 1565 CAMPBELL DENNIS C & TERESA M PO BOX 1537 STORAGE YARD 510 SW PORT ST LUCIE BLVD 510 SW PORT ST LUCIE BLVD 744 SW 24TH AVE 744 SW 24TH AVE 744 SW 24TH AVE 1770 RISING OAKS DR C/O CSX CORP ASSESSED BY DOR C/O CSX CORP C/O CSX CORP WATFORD MARTHA B TRUSTEE ADDRESS_2 ADDRESS_3 420 S ORANGE AVE CNL CENTER II, 7TH FLOOR 20 SUMMITT LANE 500 WATER ST J910 C/O CSX CORP 500 WATER STREET J910 500 WATER ST J910 500 WATER ST J910 2706 NE 6TH CT CITY_NAME ORLANDO OKEECHOBEE MIAMI OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE NOVATO OKEECHOBEE PORT ST LUCIE PORT ST LUCIE OKEECHOBEE OKEECHOBEE OKEECHOBEE JACKSONVILLE JACKSONVILLE JACKSONVILLE JACKSONVILLE JACKSONVILLE OKEECHOBEE ST ZIPCODE FL 32801 FL 34974 FL 33143 FL 349732344 FL 349744138 FL 349720000 FL 34974 FL 349730837 FL 349730000 CA 94945 FL 349731537 0 FL 34953 FL 34953 FL 34974 FL 34974 FL 34974 FL 322230859 FL 332020000 FL 332020000 FL 332020000 FL 332020000 FL 349720000 KEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE S /MAPPING DEPARTMENT ETI'm i 1INSAkA4 - A Legend A w W.C. "BILL" SHERMAN, PROPERTY APPRAISER ao ANS j zl� �4 W.C. "BILL" SHERMAN, PROPERTY APPRAISER j Ao' 4 rrti 71, Drawn By RU55 DUNCAN CFE, A6RICUL TUBE/MAPPER THIS MAP HAS BEEN COMPILED FROM THE MOSTAUTHENTIC INFORMATION Date: 9/29/2015 we "A AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY AS ER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONRCI CONTAINED HEREON D_SearchResults Okeechobee County Property Appraiser updated: 12/3/2015 Parcel: 3-15-37-35-0010-01620-0110 —Next Lower Parcel Next Higher Parcel > Owner & Property Info Owner's $84,117.00 Name FERRELL JASON Site Address 800 NW PARK ST, OKEECHOBEE Mailing 900 SR 78 W Address OKEECHOBEE, FL 34974 Description I CITY OF OKEECHOBEE LOTS 11 & 12 BLOCK 162 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.325 ACRES S/T/R 15-37- XFOB Value cnt: (2) $2,312.00 35 Neighborhood 518640.00 Tax 50 strict DOR Use STORES/i S Market Code 1(001100) Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for specific zoning information. Property & Assessment Values Mkt Land $84,117.00 Class Value Value cnt: (1) $66,990.00 Ag Land $84,117.00 Exempt Value cnt: (0) $0.00 Building Taxable Value cnt: (1) $14,815.00 XFOB Value cnt: (2) $2,312.00 Total Appraised $84,117.00 Value Sales History Pagel of 3 2015 Certified Values Parcel List Generator Retrieve Tax Record Property Card 2015 TRIM (pdf) Interactive GIS Map Print Search Result: 1 of 1 GIS Aerial I DO/ 2015 Certified Values Just Value $84,117.00 Class Value $0.00 Assessed Value $84,117.00 Exempt Value $o.00 Total Taxable $84,117.00 Value Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page Inst. Sale Sale Sale RCode (Code List) Sale Price Type Vlmp Qual 8/23/2013 1 735/1038 1 WD I Q 01 $87,500.00 http://www.okeechobeepa.com/GIS/D_SearchResults.asp 12/9/2015 D_SearchResults Page 2 of 3 12/4/2010 695/1208 WD V U 11 $0.00 11/24/2010 695/1206 WD V U 11 $0.00 12/16/1997 399/1333 WD I U 03 $0.00 12/9/1997 399/378 WD I U 02 (Multi -Parcel Sale) - show $0.00 8/1/1985 217/1506 WD I U 03 $0.00 3/1/1985 269/585 CT I U 03 $0.00 2/1/1974 155/867 WD I Q $28,000.00 Building Char-cteristics Bldg Bldg Year Bit Year Heated Actual Bldg Sketch Item Bldg Desc Bit S.F. S.F. Value Show Sketch 1 LC STORE (004101) 1950 1250 1826 $14,815.00 Extra Features & Out Buildings - ( dhow Cedes) Code Desc Year Bit Value Units Dims Condition (% Good) BFR W4 BLK FLR R/ 1994 $1,460.00 0000500.000 30 x 20 x 0 PD (025.00) FENC 3 6'C/LINK 2006 $852.00 0000383.000 0 x 0 x 0 PD (025.00) Land Breakdown Lnd Eff Code Desc Units Adjustments Rate Lnd Value 067WP3 HWY 70 W 0000100.000 FF - 1.00/1.00/1.00/1.00 $669.90 $66,990.00 (MKT) (0000000.325AC) Okeechobee County Property Appraiser Search Result: 1 of 1 updated: 12/3/2015 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A Q I C This information was derived from data which was compiled by the Okeechobee County Prop( Appraiser's Office solely for the governmental purpose of property assessment. This informatic not be relied upon by anyone as a determination of the ownership of property or market value. warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or'. interpretation. Although it is periodically updated, this information may not reflect the data curr in the Property Appraiser's office. The assessed values are NOT certified values and thereforE subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e-mail addresses are public record. If you do not want your e-mail address response to a public -records request, do not send electronic mail to this entity. Instead contac by phone or in writing. http://www.okeechobeepa.com/GIS/D_SearchResults.asp 12/9/2015 0 V is Goode earth le mete i I f:) 300 100 • Sec. 90-703. - Outdoor vehicle sales lot. Outdoor vehicle sales lot requirements are as follows: (1) Location Where permitted by district regulations. (2) 'Minimum lot area 10,000 square feet, 100 feet «ide. (') !Minimum yards As permitted by district regulations. (4) :Maximum lot coverage As permitted by district regulations. (5) Maximum imperious CON-cragc As permitted by district regulations. (6) Maximum height As permitted by district regulations. (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. (Ord. No. 1079, S 15,1-17-2012) A 3' ; -nod "E FOUND 5/8" IRON ROD "NO IDENTIFICATION" FENCE 0.5'N&3.3W'E UPA — %— 'S- — P \\ — \\ -4lop �o. CO • g� _ 29.3' 50.00' f 50.00' x �`�� x 00 BLOCK WALL 6 x N // x 29.2' 1 071.2' BUILDING zo FLOOR ELEVATION= q N x 31.66&31.33 3'X22' Ln LOT 12 x o \ BLOCK 162 , ° TILE x o Ln LOT 11 0 Ln BLOCK 162 x ,�ti� ASPHALT �i ti ,U P 90 m- C z T1 1 25.1' 2' CURB & GUTTER ASPHALT Wcn F� o SET 5/8" IRON ROD/CAP "LS3335" FENCE 1.0'N&2.2'W wa< Z LI Wwo d � � x V) c� coMX I:oo zao a C) o J � Q a U) Q ti x Ik 3'X22' CARPORT L4 p TILE o Ln WAC:cn r- ,�ti� ASPHALT 90 m- C z N � � 4'X8' rn z 3'X3' CONCRETE CONCRETE II 4'X4'ASPHALT 00 CONCRET �� 25.1 ' 2.0' jlS SIGN BAS roti ASPHALT � jp ELECTRIC X I50. 50 0' °D PULLBOX I 30 Bl ol z 3z �c)� 3©,9A 2' CURB & GUTTER ASPHALT Wcn F� o SET 5/8" IRON ROD/CAP "LS3335" FENCE 1.0'N&2.2'W wa< Z LI Wwo d � � x V) c� coMX I:oo zao a C) o J � Q a U) Q ti x CITY OF OKEECHOBEE, FLORIDA No 39183 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763.3372 2015 RECEIVED fromOe-(4'-int eCQ. (ar' 1 n e . Fve. huJACa-ed Aaars pytd, oo ob Dollars loo 21 �� e� a ✓� Lc a�.-F7 cvl, $ 500.0o C.I(-g-- 1151 CLERK r 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. 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 Bumette 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 Staffs 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. �A r Planning Staffs 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 81h 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. ,s� e 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. 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 8f 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 - NIA O'BRIEN - NIA 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. Patty Burnette From: Patty Burnette Sent: Monday, February 1S, 2016 11:26 AM To: 'eaglebayjason@gmail.com' Cc: 'rikkisiira@gmail.com' Subject: Special Exception 16 -001 -SE Attachments: PB Minutes 012116.pdf Good Morning Jason, This email is to officially advise you that the Board of Adjustments at its regular meeting on January 21, 2016, approved your request to allow an outdoor vehicle sales lot within a Heavy Commercial Zoning District for property located at 800 NW Park Street, containing approximately 0.325 acres for the proposed use of a used car sales lot with the following contingencies: 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. There are two important timelines you need to be aware of regarding Special Exceptions. Per Sec. 70.348(4) of the City Land Development Regulations, Special Exception use; variance. Special Exception use and variance approvals shall have a valid period of not more than two years, prior to which a building permit application must be submitted or the approval shall lapse. Per Sec. 70- 373(f), Nonuse. If the special exception use granted by the board of adjustment should fail to exist or fail to be used for a continuous period of 180 days, then such use shall lapse and the current owner be required to reapply as provided in this division. In case of hardship, where the loss of such special exception would materially affect the integrity of any mortgage or other financing arrangement on the subject real property, the board of adjustment may consider such hardship in granting a renewal of such special exception. Attached herewith please find a copy of the January 21, 2016 Planning Board/Board of Adjustment and Appeals minutes for your records. Please contact Administrator Montes De Oca at either 863-763-3372 ext. 212 or by email to mmontesdeocara7cityofokeechobee.com to verify whether millings would be acceptable to the City for the driveway off of Northwest 8th Avenue. Thank you, Patty PaH-9 M. f3tw GeneraC Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Tf- 34974 T"eh 863-763-3372 ext. 218 `Fax: 863-763-1686 e -maid -pburnette@cityofokeechobee.com website: www.cirmofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. \Jusf CIOA, f I�ah6X da QCh��x, (n sto op&t Burnette From: Bill Brisson <bill@larueplanning.com> Sent: Wednesday, February 10, 2016 4:08 PM To: Patty Burnette Subject: RE: Spec Ex 16 -001 -SE Patty, Following is the text from page 4 of the Staff Report. (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 no ® landscaping or visual screening is necessary along the property's boundaries because all surrounding properties (except the property to the east across NW 8t" 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, t os 0 ' o J , sales Provide, where physicallyP ssibWea • end a ng requir' �. Sections 90-532 and 90-534; pe rninimurr�` lscaped bu. a the frontage of NW Park, St. an t.h , rth of th roc E� along NW tri Avenue. I have emphasized the word special above. The reason is that the circumstances of the property's location relative to its surroundings do not specifically require landscaping and visual screening. However, Sections qO-532 and qO-534 still apply where it is physically possible to do so. As I recall, it is possible to comply with these requirements at those two locations. Let me know if I am still not making sense. It's been a rough week already and its only Wednesday! sit( Wm. F. Brisson, AICP Sr. Planner Direct Line: 239-204-5283 LaRue Planning & Management Services, Inc 1375 Jackson Street, Suite 206, Fort Myers, FL 33901 Office: 239-334-3366 bill@larueplanning.com From: Patty Burnette[maiIto:pburnette@cityofokeechobee.com] Sent: Tuesday, February 9, 2016 1:07 PM To: bill@ larueplanning.com Subject: Spec Ex 16 -001 -SE Hi Bill. am typing the minutes for the Planning Board meeting in regards to the Special Exception Application for the outdoor vehicles sales lot and I have a question for you . On page 4 of the Staff Report I have copied the question and response(s) below: A little confused with while no special landscaping or visual screening is necessary they must still provide where physically possible the landscaping and buffering required specifically the minimum ten foot landscape buffer along the frontage of NW Park Street???? How can it not be necessary but then still required? Thanks just trying to make sure I have it correct. Patty (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. 2 Patty Burnette From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Wednesday, January 13, 2016 1:31 PM To: Ieaglebayjason@gmail.com'; 'rikkisiira@gmail.com' Subject: January 21, 2016 meeting for Special Exception Attachments: Agenda January 2016.pdf; Staff Report 16 -001 -SE Ferrell.pdf Please be advised that the Board of Adjustments and Appeals of the City of Okeechobee will be considering your Special Exception Petition No. 16 -001 -SE, to allow an outdoor vehicle sales lot within a Heavy Commercial Zoning District (Ref. Code Sec. 90-283 (18)) located at 800 NW Park Street for the proposed use of a used car lot on Thursday, January 21, 2016 at 6:00 p.m., at City Hall, Council Chambers, Room 200. A copy of the Agenda and Planning Staff Report are attached. Please be sure to review these documents prior to the meeting. Contact me with any questions. Should you, or a representative, not be able to attend this meeting, please let me know. See you next week. Paffg M. 6Lw"We✓ GenerafServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, EL 34974 rI'e[ 863-763-3372 ext. 218 Eax: 863-763-1686 e-maib pburnette@cituofokeechobee.con 1 website: V~.cituofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 11q7W1M ANDEPENDENT NEWSMEDIA INC. USA 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 � -& v 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 i3 (�6 /6 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 Qkeechobee, 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. 25� ��, Z?" �A,� Katrina Elsken Sworn to and subscribed b ore me this t ?j to day of-_ '2016 AD Notary Public, STe of Florida at Large /UVGIEBRIDGES =* *; MY iOhiMISS10N # EE ?77853 07 EXPIRES: April 20, 2016 •'�; tiQ$•'� Bonded Thru Notary Public Underwriters 11V-001- sF V--e4-4m, e 67� Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 PUBLIC Ii ani CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE IS HEREBY GIVEN thataAUASI-JUDICIAL PUBLIC HEAR- ING Will be held before the City of Okeechobee Board of Adjustment on Jan. 21, 201(; 6 PN, 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. 16 -001 -SE, submitted by Mc 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(16). The proposed use is for a Used Car Sales Lot. The property consists of 0.325f acres, located at 800 NW Park St.. Legal: Lots 11 to 12 of Block 162, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. at the address above during regular bushes I, except for holidays. The public isencour e Board of Adjustment serves as the decision making body on this approve or deny Special Exceptions. lY PERSON DECIDING TO APPEAL any decision made by the t respect to any matter considered at this meeting will need to en rbatim record of the proceeding is made and the record includes thr my and, evidence upon which the appeal will be based. In acco th the Americans with Disabilities Act (ADA), any person with a di! defined by the ADA, that needs special accommodation to partial s proceeding, contact the General Services Office no later than twr ss days prior to proceeding, 863-763-3372. _ i ADVISED that should you intend to show any document, picture, items to the Board in support or opposition to any item on the age py of the. document, picture, video, or item must be provided and Secretary for the City's records. Marcos Montes De Oca, Petition No. 16 -001 -SE CITY OF OKEECHOBEE Office of the City Clerk 55 SE 3rd Avenue Okeechobee, FL 34974 Email Transmittal 863-763-3372 ext. 215 To: Independent Newspapers, Inc. — Okeechobee News — Ad Dept. Attention: Janet Levy, ilevyCcD-newszap.com From: Melisa Jahner, Deputy Clerk, miahner(a-)_cityofokeechobee.com Ad Type. Legal Publish On: Sun 1/3/16 and Proof of Affidavit(s): 1 Amount $: Wed 1/13/16 Proofed By: Authorized By: Date: Email Date/Time: Ad/Order# Amount $: Proofed By: Date to Finance: Draw#: 4 PO#: 3997 Check #: Mailed On: PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE IS HEREBY GIVEN that a QUASI-JUDICIAL PUBLIC HEARING 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 Hall, 55 SE 3rd Ave, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive 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 Commercial Zoning District, Ref. Code Book Section 90-283(18). The proposed use is for a Used Car Sales Lot. The property consists of 0.325± acres, located at 800 NW Park St. Legal: Lots 11 to 12 of Block 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 public is encouraged to attend. The Board of Adjustment serves as the decision making body on this matter to approve or deny Special Exceptions. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony 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 business days prior to proceeding, 863-763-3372. OF -Oil ci —w!5 ._ ?915+ Staff Report Special Exception Request Prepared for The City of Okeechobee Applicant: Jason Ferrell Petition No.: 16 -001 -SE [,I" :�'� Planning M& Mana ement Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239-334-3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Jason Ferrell Special Exception Request Petition No. 16 -001 -SE General Information Owner: Jason Ferrell Owner Address: 900 SR 78, West Okeechobee, FL 34974 Site Address: 800 NW Park Street Okeechobee, FL Contact Person: Jason Ferrell Contact Phone: E-mail Address: Future Land Use Map Classification 863-634-7737 eaglebayjason@gmail.com Existing Proposed Commercial Commercial Zoning District CHV CHV Use of Property Vacant commercial Outdoor vehicles sales lot Acreage 0.325 acre (14,216 so 0.325 acre (14,216 so 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 The matter for consideration by the City of Okeechobee Board of Adjustment includes a special exception for an outdoor vehicle sales lot. 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 Staff Report Applicant's Name: Jason Ferrell Special Exception Request 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 less 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". Future Land Use Map Classification Commercial North Zoning District CHV Existing Land Use Vacant Future Land Use Map Classification Across 8th Avenue, Single - Family Residential East Zoning District Across 8th Avenue, IND Existing Land Use: Vacant Future Land Use Map Classification Across NW Park Street, Commercial South Zoning District Across NW Park Street, CHV Existing Land Use ' Advance Auto Parts Future Land Use Map Classification Commercial West Zoning District: CHV Existing Land Use: Farmer's market Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Jason Ferrell 94U MONOW100111HPIO 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 ® 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. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Jason Ferrell Special Exception Request 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 8t' 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. J �11J x_11 fJ ,=' R • e ti i. l '�J M WA, (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. tally if any vehicles are to d liv r d l�� ,nli-tractor trailer. Serving Florida Local Governments Since 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." dew. t4 and �Orrl the prole the limited amount of traffic expecte Pn-situ and off-site traffic. However, "\pplicant should pave the drivewa 111 s arp to deliveradiM the size of is capable previousiy Pfr°orrl V I'a a AIM i_ etre I'la" concerns over the customer parking arrange., -5.12.requires one parking space per 400 square feet of floor per 1,600 square feet of outdoor display. The it ci tains about 1,266 SgUare feet of flour area and we S tirs at t der "..5 r display area at about 4,640 SgUare fejt. Therefore, a hwakef SiMarking spaces are needed; three spaces for the building floor d MakWhree for thegllpitcloor dnlayarea- Despite the fact that daces located in She right-of-way of NW 81r1 have been Used in the past, they are not legal off-street parking spaces arld should riot 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 offs. reet parking spaces. At the very least, should the City decide to allow e spares to rernain in the right-of-way, they should be repaved and the her three paved spaces should be ocatecl within the confines of the oprty:. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Jason Ferrell Petition No. 16 -001 -SE 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. "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. (3) 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." Me _ . ill �lic ice. The property has adequate vehicular access and egress =to{from NW VI 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 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Jason Ferrell 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. "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. (5) 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 .-532 and 0-534: specifi ail , the miniMLIM ten -foot landscaped buffer along the frontage of NW Park St. aria', JkliMp north of the gated entrance to the property pert loo W 8111 Avonup, Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Jason Ferrell Special Exception Request 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." expe a e comproMI 'e provisrtan o an au ve es lot a is 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 MphMultimingmawd runoff. 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. Serving Plnrida Local Governments Since 1988 Staff Report Special Exception Request Recommendation Applicant's Name: Jason Ferrell Petition No. 16 -001 -SE 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: grata. 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 Special Exception Request Applicant's Name: Jason Ferrell Petition No. 16 -001 -SE FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS COMPREHENSIVE PLAN LAND USE I, J SINGLE - FAMILY - MULTI - FAMILY - COMMERCIAL - INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE �W rr W-Hil oil Subject Property 1341 w'tnals F1 ,> +r Serving Florida Local Governments Since 1988 Staff Report Special Exception Request ZONING - CBD- COMM BUSINESS DISTRICT - CNV - HEAVY COMMERCIAL = CLT - LIGHT COMMERCIAL CPO- COMM PROFESSIONAL OFFICE H - HOLDING NO - INDUSTRIAL PUB - PUBLIC FACILITIES PU04AIXED PUD -R - RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBLE NOME RSFI - RESIDENTIAL SINGLE FAMILY ` RSF2 -RESIDENTIAL SINGLE FAMILY Applicant's Name: Jason Ferrell Petition No. 16 -001 -SE ZONING MAP SUBJECT SITE AND ENVIRONS Subject Property 133 1341 i I 3 rid St ■ yTaM:wFM-M yrb' � Big Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Jason Ferrell Petition No. 16 -001 -SE AERIAL PHOTOGRAPHS Subject Property and Environs 12 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Jason Ferrell Petition No. 16 -001 -SE 800 NW Park Street Looking North, 5/20/15, Imagery Serving Florida Local Governments Since 1988 _P'VwMwgj 13 Staff Report Special Exception Request Applicant's Name.- Jason Ferrell Petition No. 16 -001 -SE 800 NW Park Street Looking West, June 2011, Imagery 1 - Serving Florida Local Governments Since 1988 14 Date in. t ` Pro -Active Reactive Okeechobee County Property Appraiser - Map Printed on 10/5/2015 1:27:36 PM Page 1 of 1 This information, updated: 9/24/2015, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.comIGIS/Print Map.asp?pjboiibchhjbnligcafcefocnfkfdfefdbble... 10/5/2015 1� fie e Nvq ay : ' • � �' \`�... A • � �'f .� • �F �+ �e a Kms.