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2018-03-15i CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR MARCH 15, 2018 PAGE 1 OF 5 AGENDA ACTION - DISCUSSION -VOTE I. CALL TO ORDER — Chairperson. Regular Meeting, March 15, 2018, 6:00 P.M. Chairperson Hoover called the March 15, 2018, regular meeting to order at 6:02 P.M. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson Hoover. The Pledge of Allegiance was led by Chairperson Hoover. III. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Board Secretary Burnette called the roll: Chairperson Dawn Hoover Present Vice Chairperson Doug McCoy Present Board Member Elbert Batton Present Board Member Phil Baughman Present Board Member Karyne Brass Present Board Member Mac Jonassaint Present Board Member Les McCreary Present Alternate Board Member Bobby Keefe Present Alternate Board Member Bob Jarriel Present Board Attorney John R. Cook Absent (with consent) City Planning Consultant Bill Brisson, Senior Planner Present Board Secretary Patty Burnette Present IV. AGENDA — Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda Chairperson Hoover asked whether there were any requests for the addition, deferral, or withdrawal of items on by Staff, Board Members or the Public. today's agenda. There being none the agenda stands as published. V. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Board Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the December Action for the December 21, 2017, regular meeting. 21, 2017, regular meeting; seconded by Member Batton. There was no discussion on this item. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT - YEA MCCREARY - YEA KEEFE - NIA JARRIEL - NIA MOTION CARRIED. 149 15 AGENDA VI. OPEN PUBLIC HEARING — Chairperson. QUASI-JUDICIAL ITEM: A. Rezoning Petition No. 18-002-R, from Residential Multiple Family to Heavy Commercial, for Lot 1 and the East 10 feet of Lot 2, Block 207, FIRST ADDITION TO OKEECHOBEE, Plat Books 1 and 5, Pages 11 and 6, Public Records of Okeechobee County, containing approximately 0.185± acres, and located at 112 Southeast 3rd Street, for the proposed use to expand the equipment dealership located on the adjoining lots (Exhibit 1). 1. Administer of Oath - Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report - recommending approval. 3. Hear from the Property Owner or designee/agent - Mr. Gilbert Culbreth, Registered Agent of 207 Realty, LLC. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a recommendation to the City Council to approve or deny Petition No. 18-002-R. MARCH 15, 2018 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 2 OF 5 ACTION - DISCUSSION -VOTE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:03 P.M. Rezoning Petition No. 18-002-R is being requested by the Applicant, Mr. Gilbert Culbreth, Registered Agent of 207 Realty, LLC, to rezone from Residential Multiple Family (RMF) to Heavy Commercial (CHV) containing approximately 0.185± acres, and located at 112 Southeast 3rd Street, for the proposed use to expand the equipment dealership located on the adjoining lots. 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, of 1375 Jackson Street, Suite 206, Fort Myers, Florida and Mr. Dallon Boyd, Agent for the property owner and applicant, of 304 Southeast 7th Street, Okeechobee Florida. Planner Brisson reviewed the Planning Staff Report explaining the subject property is currently a vacant 8,172 square -foot property that is part of the Gilbert Outdoors commercial use. Mr. Boyd was present and available for questions from the Board. Member Brass asked for clarification of the existing use on the property; what the barrels where used for that she saw on the property; what all of the concrete posts were going to be used for; about extended business hours; and about whether they would continue to put asphalt down. Mr. Boyd explained currently the property is being used to store vehicles, equipment and golf carts, and to park gooseneck trailers used for transporting the golf carts. As part of their linex business, it is a holding spot for spraying trucks from the dealerships. The barrels contain the chemicals that are used in the spraying of the bed liners. The concrete posts are for lighting and at this time they have no plans to extend business hours. Regarding the asphalt, currently there is only millings. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property, and courtesy notices were mailed to 16 surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the petition. Chairperson Hoover disclosed due to being presently employed by the Gilbert Family, who is the Applicant, she would not be voting and Member Brass disclosed as a surrounding property owner of this rezoning address she would not be voting either. Planning Staff's findings are as follows: The proposed rezoning is consistent with the Comprehensive Plan. The request involves a zoning change to CHV, which is a zoning district specifically cited in the Comprehensive Plan as appropriate for a property designated Commercial on the Future Land Use Map. While the application does not 1 1 MARCH 15, 2018 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 3 OF 5 II AGENDA II ACTION - DISCUSSION - VOTE II VI. PUBLIC HEARING—QUASI-JUDICIAL ITEM CONTINUED. 6. a) Consider a recommendation to the City Council to approve or deny Petition No. 18-002-R continued. b) Board discussion. c) Vote on motion. identify the specific use to which the property will be used, discussion with the Applicant indicates that it will be part of Gilbert Outdoors, or used as a real estate office. Both of these uses specifically qualify as an allowable use in the CHV Zoning District. The proposed use will not have an adverse effect on the public interest. The requested CHV Zoning is the most appropriate for the subject property and the proposed change will be compatible with contiguous uses. The property to the immediate West is vacant, owned by the Applicant with a Commercial Future Land Use (FLU) and Zoned CHV. The property to the North is O'Reilly's Auto Parts, with a Commercial FLU and a Zoning of Central Business District. To the East is an office and to the Northeast and Southeast are single-family homes. The FLU to the East is Commercial with a Zoning of Commercial Professional Office; to the Northeast and Southeast is a Single—Family Residential FLU with RMF Zoning; to the South is Gilbert Outdoors with a Commercial FLU and CHV Zoning. The proposed use would not be expected to adversely affect property values or living conditions on adjacent or nearby properties. There is no need for buffering. The two single-family uses to the Northeast and Southeast across Southeast 2nd Avenue from the subject property have limited exposure to the subject property and development of the subject property would not be expected to have any significant impact on these properties. The proposed use will not create a density pattern that would overburden public facilities, create traffic congestion, or create an inappropriate density pattern in the area. Should new construction be involved, it would be required to provide drainage for any increase in potential storm water runoff. The proposed use has not been inordinately burdened by any unnecessary restrictions. A motion and a second was offered by Members Baughman and Batton to recommend approval to the City Council for Rezoning Petition No. 18-002-R, from RMF to CHV, for Lot 1 and the East 10 feet of Lot 2, Block 207, FIRST ADDITION TO OKEECHOBEE, Plat Books 1 and 5, Pages 11 and 6, Public Records of Okeechobee County, containing approximately 0.185± acres, and located at 112 Southeast 3,d Street, for the proposed use to expand the equipment dealership located on the adjoining lots. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - ABSTAINED♦ MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - ABSTAINED♦ JONASSAINT - YEA MCCREARY - YEA KEEFE - NIA JARRIEL - NIA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for May 1, 2018, 6:00 P.M. 151 15 AGENDA VI. PUBLIC HEARING—QUASI-JUDICIAL ITEM CONTINUED. B. Special Exception Petition No. 18 -001 -SE, to allow drive-through service within a Heavy Commercial Zoning District, Ref. Sec. 90-283(1)) for Lots 1 through 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, Public Records of Okeechobee County, containing approximately 0.608± acres and located at 100 Southeast 8th Avenue (Exhibit 2). 1. Administer of Oath- Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report — see Planning Staff Report for recommendation. 3. Hear from the Property Owner or designee/agent — Ms. Lindsay Libes, Agent for NYLV Investors, LLC, on behalf of Property Owner, Carl L. Windham, Jr. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a motion to approve or deny Petition No. 18 -001 -SE MARCH 15. 2018 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 4 OF 5 ACTION - DISCUSSION - VOTE Special Exception Petition No. 18 -001 -SE, requests to allow drive-through service within a CHV Zoning District, Re;'. Sec. 90-283(1)) for Lots 1 through 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, Public Records of Okeechobee County, containing approximately 0.608± acres and located at 100 Southeast 8th Avenue. The Petition was submitted by Ms. Lindsay Libes, Agent for NYLV Investors, LLC. 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, of 1375 Jackson Street, Suite 206, Fort Myers, Florida and Mr. Adam Schildmeier, Engineer with the Wantman Group, Inc., (WGI) of 2035 Vista Parkway, West Palm Beach, Florida. Planner Brisson explained the Applicant is requesting a continuance due to a delay with the Florida Department of Transportation (FDOT) Variance Hearing for access on State Road 70 (Northeast Park Street) until April 2nd. There was an error with their posting of the mailings that went out to the communities. Since the Applicant will not have all their information in regards to access to the site and this is the primary problem, he is in support of the request and recommends the continuance until the May 17th meeting to give amply time for the Applicant as well as staff to prepare. He explained to the Board that they could discuss the Petition now or review it at the later date. Mr. Schidmeier, was present and respectfully requested a continuance to allow additional time due to the delay with FDOT that Mr. Brisson explained. He thanked the Board for their consideration. A motion and a second was offered by Members Baughman and McCreary to continue Special Exception Petition No. 18 -001 -SE requesting to allow drive-through service within a CHV Zoning District, Ref. Sec. 90-283(1)) for Lots 'I through 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, Public Records of Okeechobee County, containing approximately 0.608± acres and located at 100 Southeast 8th Avenue until the May 17, 2018, meeting due to the delay with the FDOT Variance Hearing for access on State Road 70 (Northeast Park Street). 1 1 E 1 MARCH 15. 2018 — PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 5 OF 5 AGENDA ACTION - DISCUSSION -VOTE VI. PUBLIC HEARING—QUASI-JUDICIAL ITEM CONTINUED. B. 6. b) Board discussion for Special Exception Petition No. 18 -001 -SE. Chairperson Hoover asked whether there was any further discussion. There was none. c) Vote on motion. VOTE HOOVER — YEA MCCOY — YEA BATTON — YEA BAUGHMAN — YEA BRASS — YEA JONASSAINT — YEA MCCREARY — YEA KEEFE — NIA JARRIEL — NIA MOTION CARRIED. CLOSE PUBLIC HEARING — Chairperson. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:20 P.M. VII. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:20 p.m. 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. ( Dawn T. Hoover, Chairperson ATTEST: Patty M. Burnette, Secretary ♦Form 813 Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers was filed by Chairperson Hoover and Member Brass on March 15, 2018, and made a part of the official record filed in the permanent Minute file for this meeting. 153 Page 1 of City of Okeechobee Planning Board/Board of Adjustment City Hall, 55 SE V Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes March 15, 2018 I. Call To Order - Chairperson: Chair Hoover called the March 15, 2018, Regular Meeting to order at P.M. II. Opening Ceremonies: Pledge of allegiance - Chairperson III. Chairperson, Board Member Staff Attendance - Secretary. IV. Agenda - Chairperson. A. Chair Hfx)yF, ( asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members, or the public. � V. Minutes - Secretary. A. Board Member ?10- Jho" moved to dispense with the reading and approve the Summary of Board Action for the December 21, 20117, regular meeting; seconded by Board Member t, 0' _1 r Discussion: PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover ✓ Vice Chairperson McCoy Board Member Batton Board Member Baughman ✓ Board Member Brass ✓ Board Member Jonassaint v` Board Member McCreary '✓ Alternate Board Member Keefe ✓ Alternate Board Member Jarriel Planning Consultant Brisson, Senior Planner ✓ Board Attorney Cook(�o►�ni- Board Secretary Burnette IV. Agenda - Chairperson. A. Chair Hfx)yF, ( asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members, or the public. � V. Minutes - Secretary. A. Board Member ?10- Jho" moved to dispense with the reading and approve the Summary of Board Action for the December 21, 20117, regular meeting; seconded by Board Member t, 0' _1 r Discussion: 111Page 2 of VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS ✓ JONASSAINT ✓ McCREARY KEEFE JARRIEL VI. CHAIR flOOWOPENED THE PUBLIC HEARING AT �p o3 P.M. QUASI-JUDICIAL ITEM A. Rezoning Petition No. 18-002-R, from Residential Multiple Family to Heavy Commercial, for Lot 1 and the East 10 feet of Lot 2, Block 207, FIRST ADDITION TO OKEECHOBEE, Plat Books 1 and 5, Pages 11 and 6, Public Records of Okeechobee County, containing approximately 0.185± acres, and located at 112 Southeast 3' Street, for the proposed use to expand the equipment dealership located on the adjoining lots (Exhibit 1). 1 . Administer of Oath- Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address �ll �r i�7)'`�'U/i 2. Review Planning Staff Report - recommending approval. `j6T3�0 Lb Q's am -9 Page 3 of VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. ba l i m '&Yd nil - Bra qq p eq rQ� ? �i fC 1' 1'11 Use _ s�( I�r 61 14. r 14. f rat. fe�s� SPY f rn -h Q OU0 r � n .�.-�cKS r r P °�`� g ++n o c Q-r+s hod s�vt f� �o� 9 9 ooze > < 4 r d t r �� �.r b a rr� is Coo +O'LA C he rv� t aC 4tj S I -had' Pow ��s for 0 U nQ 4 (A - as .I . h�to) In �61ilE�rt�S Page 4 of VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. 3. Hear from theProper�y_Opner or designee/agent -Mr. Gilbert Culbreth, Registered Agent of 207 Realty, LLC. , rj cy-1 rnb't'r pvv_�& - fffl= Page 5 of VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. �TnA_l 5. Disclosure of Ex -Parte Communications' by the Board. Con( �f f)vm_ I�a� n �mP log { e o� �:1 b2 ���' u.l l� l�Ca � y ne� ut� trope,� � awnp .r - Page 6 of VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. 6. a) Consider a recommendation to the City Council to approve or deny Petition. n Motion and a second offered by and baA"" to recommendpprov enial to the City Council for Rezoning Petition No. 18-002-R, from Residential Multiple Family to Heavy Commercial, or Lot 1 and the East 10 feet of Lot 2, Block 207, FIRST ADDITION TO OKEECHOBEE, Plat Books 1 and 5, Pages 11 and 6, Public Records of Okeechobee County, containing approximately 0.185± acres, and located at 112 Southeast 3rd Street, for the proposed use to expand the equipment dealership located on the adjoining lots. b) Board discussion. Nnm� C) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY ✓ BATTON BAUGHMAN BRASS JONASSAINT McCREARY ✓ KEEFE JARRIEL CY1CnX (, t7o/L pn-t ?Page 7 of VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. B. Special Exception Petition No. 18 -001 -SE to allow drive-through service within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(1)) for Lots 1 through 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, Public Records of Okeechobee County, containing approximately 0.608± acres and located at 100 Southeast 8`h Avenue (Exhibit 2). 1. Administer of Oath - Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address pr� t ILL f r t3 -r �f h0/1 Adm Sch i Ic� m2t Ulf 6t I a0 3� PV -_LAY ha -et al re 1cm of n 4-k On PL�Cafm 2. Review Planning Staff Report - see Planning Staff Report for recommendation,,)r, a ce e sS v✓ti 'St2 70 F- 0 O T hQa� Al fle, rind , E�✓v✓ P Ltfi'h- L 4AL1 �1 �� 0 O#U-A ,rt,l 'i'7C W-Tt : H e av i n9 Itld ";1 cegLvs�-Iq ave 7^p OT 0, (" SS �Y q r��s W 1 `� � �� s4- � I Page 8 of VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. Page 9 of VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED, 3. Hear from the Property Owner or Designee/Agent - Ms. Lindsay Libes, Agent for NYLV Investors, LLC, on behalf of Property Owner, Carl L. Windham, Jr. d �Sch (ci me i f -f- -- c n ► c, � _ 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. Y) c�1)"a .c. -== Page 10 of VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consider a motion to approve or deny Petition with/without special conditions (refer to Planning Staff Report). Motion and a second offered by OM%nd Iv` CrP to approve/deny Special Exception Petition No. 18 -001 -SE to allow drive-through service within a Aeavy Commercial Zoning District, (Ref. Sec. 90-283(1)) for Lots 1 through 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, Public Records of Okeechobee County, containing approximately 0.608± acres and located at 100 Southeast 8`h Avenue. Yy�uh n . Y\ -(-t dj � i i f6 VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. b) Board discussion. Nime bmq lir' c) Vote on motion. Page 11 of VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER V, McCOY BATTON BAUGHMAN ✓ BRASS JONASSAINT !/ McCREARY KEEFE ✓ JARRIEL CHAIR CLOSED THE PUBLIC HEARING AT �' P.M. VII. ADJOURN - Chairperson. Patty Burnette From: Robin Brock Sent: Friday, March 16, 2018 9:22 AM To: Patty Burnette Subject: WGI contact (Checkers) Adam Schildmeier WGI, Inc. Executive Assistant City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 (863)763-3372 (863)763-9812 (direct) FAX: (863)763-1686 Email: rbrock(aD-cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 'DEPENDENT NEWSMEDIA ING, 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,r)Flor}da, that the attached copy of advertisement being a WILKc- l�C 1L in the matter of N sk—k 11VA in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this ffi 'l day of r \ t--J� 'Al fs AD Notary Public, State of Florida at Large Okeechobee News r; 107 SW 17th Street, Shite D Okeechobee, Flo i ida 34974 863-76373134 Al CITY PLANNING BOARD & BOARD OF ADJUSTMENT MEETING WE IS HEREBY GIVEN that the City of Okeechobee Planning Bo. Board of Adjustment will conduct a regular meeting on Thur, Mar. 1 8, 6 PM, or as soon thereafter as possible, at GtyHall, 55 SE 3rd A 200, Okeechobee, FL. As the Local Planning Agency, the Planning Boy consider offering a recommendation on any proposed amendments current Land Development Regulations submitted by City Staff, Bo+ fibers, or citizens. The Board of Adjustment and Appeals serves as I ;ion making body (quasi-judicial), on behalf of the City, to approve The public is Invited and encouraged to attend. The agenda may be ob- tained from dtyofokeechobee.com or by calling the General Services Office, 863-763-3372 x9820. 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 indudes the testi- mony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two busi- ness days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the PB/BOA in support or opposition to any item on the agenda, a copy of the document, picture, video, or Item must be provided to. the Board Secretary for the City's records. Chairperson Dawn Hoover 140 ON 3/7/2018 ANGIE BRIDGES *? *_ MY COMMISSION # FF 916149 �- EXPIRES:Apf220,2020 f dF F ;oo Bonded TAN Notary PUDNC Undo Wff1Bfe Okeechobee News r; 107 SW 17th Street, Shite D Okeechobee, Flo i ida 34974 863-76373134 Al CITY PLANNING BOARD & BOARD OF ADJUSTMENT MEETING WE IS HEREBY GIVEN that the City of Okeechobee Planning Bo. Board of Adjustment will conduct a regular meeting on Thur, Mar. 1 8, 6 PM, or as soon thereafter as possible, at GtyHall, 55 SE 3rd A 200, Okeechobee, FL. As the Local Planning Agency, the Planning Boy consider offering a recommendation on any proposed amendments current Land Development Regulations submitted by City Staff, Bo+ fibers, or citizens. The Board of Adjustment and Appeals serves as I ;ion making body (quasi-judicial), on behalf of the City, to approve The public is Invited and encouraged to attend. The agenda may be ob- tained from dtyofokeechobee.com or by calling the General Services Office, 863-763-3372 x9820. 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 indudes the testi- mony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two busi- ness days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the PB/BOA in support or opposition to any item on the agenda, a copy of the document, picture, video, or Item must be provided to. the Board Secretary for the City's records. Chairperson Dawn Hoover 140 ON 3/7/2018 DEPENDENT 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 V1 LUAC in the matter of l��ISiC � 6).' C`C i oN`- t SS i_ , ( tt_6 G-) -, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. �-._.-- Katrina Elsken Sworn to and subscribed before qie this ? day of F'L_ '-, 7,t,6 4 Lj ,-2U? AD Notary Public, State of Florida at Large ;:�: ��•,., ANGIE BRIDGES W COMMISSION # FF 976149 :o EXPIRES: April 20, 2020 'Fp: �: °".• Bonded Tluu Notary Public UndenNriterB Okeechobee News 107 SW 17th Street, Suite D _ p Okeechobee, Florida 34974; `. 863-763-3134 r PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GIVEN that a QUASI-JUDICIAL PUBLIC HEAR- ING will be held before the City of Okeechobee Planning Board on Thur., March 15 2016, 6 PM, or as soon thereafter as possible, at City Hall, i5 SE 3rd AV�, Coundl Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Rezoning Petition No. 18-002-R, submitted by Mr. Hugh G. Culbreth, Registered Agent of the property owner, 207 Realty, LLC. The public is encoureged to attend. Petition No. 18-002-R requests to rezone approximately 0.185 acres located at 112 Southeast 3rd Street, from Residential Multi -Family (RMF) to Heavy Commercial (CHV). The proposed use is to expand the equipment dealer- ship currently located on the adlolning West and South lots. Legal: LOT 1 AND THE EAST 10 FEET OF LOT 2, BLOCK 207, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 11 AND PLAT BOOK 5, PAGE 6, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. The petition mayy be inspected at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. A Public Hearing for a rezoning petition is handled as a "Quasi -Judicial" pro- ceeding, meaning a manner similar to a court hearing testimony and ques- tioning presenters who provide substantial and competent evidence. It is the duty of the Planning Board to arrive at sound decisions. A recommenda- tion to approve or deny the Petition will be forwarded to the City Council, tentatively scheduled on April 17, 2018, (First Reading) and final adoption Public Hearing on May 1, 2018, 6 PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding Is made and the record includes the testimony and evidence upon which the appeal will be based. in accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as definedby the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863-763-3372: BE ADVISED that should you intend to show any document, picture, video or items to the Planning 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: ZoningAdministrator Marcos MontesDeOca, No. 18-002-R 484573 ON 2/23/2018 A DEPENDENT 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, �lorida, that; the attached copy of advertisement being atC in the matter of �=- 0- �1__CPC-44 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this day of (-t 2kUGiYi' ')CJS AD Notary Public, State of Florida at Large Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 _��-- PUBLIC NOTICE CONSIDERATION OFA PROPOSED SPECIAL EXCEPTION TICE IS HEREBY GIVEN that QUASI-JUDICIAL PUBLIC HEAR- T will be held before the City of Okeechobee Board of Adjustment on rrs, March 15, 2018, "MIT or as soon thereafter as possible, at Hall, 55 SE 3rd Ave, Council Grambers, Rm 200, Okeechobee FL, to cider and receive input on Special Exce tion Petition No. 18%01 -SE, mitted by Ms. Lindsay Ube (Agent) of NYLV Investors, LLC on behalf of property owner, Carl Lee Windham, Jr. Petition is to allow for a drive-thru service within a Heavy Commercial IV) Zoning Dlstrid, reference Code Book Section 90-283(1). The pro - ed use Is a 1,151 square foot fast food restaurant with a drive-thru ser - Including 239 square foot of outdoor dining space. propesists of 0.608± acres, located at 100 SE 8th Avenue. Le - Lots I= ugh 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, blit records of Okeechobee County Florida LESS and EXCEPT ht -of -way for State Road 70, and land �estabed In Official cords Book 217, Page 175 of the public records of Okeechobee The petition may a Inspected at the address above during regular business hours, Mon -Fri, 8 AM.30 PM, except for holidays. The public is encour- aged to attend. The Board of Adjustment serves as the decision making body on this matter to approve or deny Special Exceptions. ANY PERSON DECIDING TO APPEAL any decision made by the Board 'with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testi- mony and evidence upon which the appeal will be based. In accordance with the Amens c with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodationto participate in this proceeding, contact the General Services Office no later than two busi- ness days prior to proceeding, 863-763-3372. BE ADYISED that should you intend to show any document, picture, Ndeo or ttems to the Board in support or opposttion to any ttem on the agends; a copy of the document, picture, video, or Item must be provided to the Byyoard Secretary for the Ws records. 484572in% dmini 8 r Marcos Montes De Oca, Petition No. 18 -001 -SE • ""�'` ''• AWAE BRIDGES �1Y COMMIS310N S FF 98149 ., f�ii:.�',,• uln1YW EXPIRE,�Sy: �A�P0 Thru .•vwJ tf r ftfB Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 _��-- PUBLIC NOTICE CONSIDERATION OFA PROPOSED SPECIAL EXCEPTION TICE IS HEREBY GIVEN that QUASI-JUDICIAL PUBLIC HEAR- T will be held before the City of Okeechobee Board of Adjustment on rrs, March 15, 2018, "MIT or as soon thereafter as possible, at Hall, 55 SE 3rd Ave, Council Grambers, Rm 200, Okeechobee FL, to cider and receive input on Special Exce tion Petition No. 18%01 -SE, mitted by Ms. Lindsay Ube (Agent) of NYLV Investors, LLC on behalf of property owner, Carl Lee Windham, Jr. Petition is to allow for a drive-thru service within a Heavy Commercial IV) Zoning Dlstrid, reference Code Book Section 90-283(1). The pro - ed use Is a 1,151 square foot fast food restaurant with a drive-thru ser - Including 239 square foot of outdoor dining space. propesists of 0.608± acres, located at 100 SE 8th Avenue. Le - Lots I= ugh 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, blit records of Okeechobee County Florida LESS and EXCEPT ht -of -way for State Road 70, and land �estabed In Official cords Book 217, Page 175 of the public records of Okeechobee The petition may a Inspected at the address above during regular business hours, Mon -Fri, 8 AM.30 PM, except for holidays. The public is encour- aged to attend. The Board of Adjustment serves as the decision making body on this matter to approve or deny Special Exceptions. ANY PERSON DECIDING TO APPEAL any decision made by the Board 'with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testi- mony and evidence upon which the appeal will be based. In accordance with the Amens c with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodationto participate in this proceeding, contact the General Services Office no later than two busi- ness days prior to proceeding, 863-763-3372. BE ADYISED that should you intend to show any document, picture, Ndeo or ttems to the Board in support or opposttion to any ttem on the agends; a copy of the document, picture, video, or Item must be provided to the Byyoard Secretary for the Ws records. 484572in% dmini 8 r Marcos Montes De Oca, Petition No. 18 -001 -SE i�DEPENDENT 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,.)F orida, t4at the attached copy of advertisement being a IvlC hl E' 1 Wiz. /1 in the matter of �� Flo A � D, CA F&, �' C �;1'LCY1 ��e �ASSi �i 6=CL� �7ti in the 19th Judic'al District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this �P, day of Ak0.1i(-J x b':f? Notary Public, St to of Florida at Large ANGIE BRIDGES #. * MY COMMISSION # FF 976149 i r 20 EXPIRES: Aprl 20,202o Bonded Thru Notary PuNic Underwriters ra�ro. Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974. 863-7631-31534 PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GIVEN that aQUASI-JUDICIAL PUBLIC HEAR- ING will be held before the City of Okeechobee Planning Board on Thur. March 15, 2016, 6 PM, a as soon thereafter as possible, at Chy Hall, SSr SE 3rd AVE, COu I Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Rezoning Petition No. 18-002-R, submitted by Mr. Hugh G. Culbreth, Registered Agent of the property owner, 207 Realty, LLC. The public is encouraged to attend. Petition No. 18-002-R requests to rezone approximately 0.185 acres located at 112 Southeast 3rd Street, from Residential Multi -Family (RMF) to Heavy Commercial (CHV). The proposed use Is to expand the equipment dealer- ship currently located on the adtolnIng West and South lots. Legal: LOT 1 AND THE EAST 10 FEET OF LOT 2, BLOCK 207, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 11 AND PLAT BOOK 5, PAGE 6, OF THE 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. JA Public Hearing for a rezoning petition is handled as a "Quasi -Judicial" pro- ceeding, meaning a manner similar to a court hearing testimony and ques- boning presenters who provide substantial and competent evidence. It is the duty of the Planning Board to arrive at sound decisions. A recommenda- tion to approve or deny the Petition will be forwarded to the City Council, tentatively scheduled on April 17, 2018, (First Reading) and final adoption Public Hearing on May 1, 2018, 6 PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as definedby the ADA, that needs special accommodation to par - di in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning 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 MontesDeOca, No. 18-002-R 484839 ON 3/7/2018 �4 DEPENDENT 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 �� Uy_ in the matter of�tr�"�-Y 1V in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 3J�1lacl 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 advertisgmen# for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this day of fq-Q-r) 20 L AD Notary Public, St e of Florida at Large t ANGIE BRIDGES *: #_ MY COMMISSION # FF 976149 EXPIRES: April 20,2D20 BOnded TMu Notary Pubk Underh brs Okeechobee News 107 SW 17th Street, Suite D Okeechobee`'Oi 'rida 34974 863-7bo- 134 PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE IS HEREBY GIVEN that a QUASI-3UDICIAL PUBLIC HEAR- ING will be held before the City of Okeechobee Board of Adjustment on Thurs, March 15, 2018, 6:00 PM, or as soon thereafter as possible, at City Hall, 11 SE 3rd Ave, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Special Exception Petitioil No. 18 -001 -SE, submitted by Ms. Lindsay Ubes (Agent) of NYLV Investors, LLC on behalf of the property owner, Cad Lee Windham, Jr. The Petition is to allow for a drive-thru service within a Ilea Commercial (CHV) Zoning District,. reference Code Book Section 90-283 1). The pro posed use in'a 1,151 square foot fast food restaurant with a rive-thru ser- vice, including 239 square foot of outdoor dining space. The property consists of 0.608+ acres, located at 100 SE 8th Avenue. Le- gal: Lots 1 through 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, public records of Okeechobee County, Florida, LESS and EXCEPT right-of-way for State Road 70, and land described in Official Records Book 217, Page 175 of the public records of Okeechobee County, Florida. The petition may be inspected at the address above during regular business hours, Mon -Fri, B AM�:30 PM, except for holidays. The public is encour- aged to attend. The Board of Adjustment serves as the decision making body on this matter to approve or deny Special Exceptions. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testi- mony and evidence upon which thea al will be based. In accordance with the Americans with Disabilities A,�ADA), any person with a disability as defined by the Al)"' 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 dem on theagenda; a copy of the document, picture, video, or Item must be provided to the Board Secretary for the Ci records. by: Zoning Administrator Marcos Montes De Oca, Petition No. 18 -001 -SE .OF-OKFFCy CITY OF OKEECHOBEE O� " _ m PLANNING BOARD/BOARD OF ADJUSTMENT MARCH 15, 2018, OFFICIAL AGENDA *91 # I. CALL TO ORDER - Chairperson: March 15, 2018, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. OPENING CEREMONIES: Pledge of allegiance led by Chairperson. III. CHAIRPERSON, BOARD 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 Bob Jarriel Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette IV. AGENDA - Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members, or the public. V. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the December 21, 2017, regular meeting. VI. OPEN PUBLIC HEARING - Chairperson. A. Rezoning Petition No. 18-002-R, from Residential Multiple Family to Heavy Commercial, for Lot 1 and the East 10 feet of Lot 2, Block 207, FIRST ADDITION TO OKEECHOBEE, Plat Books 1 and 5, Pages 11 and 6, Public Records of Okeechobee County, containing approximately 0.185± acres, and located at 112 Southeast 3rd Street, for the proposed use to expand the equipment dealership located on the adjoining lots (Exhibit 1). 1. Administer of Oath - Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report - recommending approval. 3. Hear from the Property Owner or Designee/Agent - Mr. Gilbert Culbreth, Registered Agent of 207 Realty, LLC. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. QUASI-JUDICIAL ITEM PAGE 1 OF 2 MARCH 15, 2018 - PBIBOA Agenda - Page 2 of 2 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consider a recommendation to the City Council to approve or deny Petition. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively May 1, 2018, 6 pm. B. Special Exception Petition No. 18 -001 -SE to allow drive-through service within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(1)) for Lots 1 through 3, QUASI-JUDICIAL ITEM TAYLOR CREEK MANOR, Plat Book 3, Page 4, Public Records of Okeechobee County, containing approximately 0.608± acres and located at 100 Southeast 81" Avenue (Exhibit 2). 1. Administer of Oath -Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address 2. Review Planning Staff Report - see Planning Staff Report for recommendation. 3. Hear from the Property Owner or Designee/Agent - Ms. Lindsay Libes, Agent for NYLV Investors, LLC, on behalf of Property Owner, Carl L. Windham, Jr. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consider a motion to approve or deny Petition with/without special conditions (refer to Planning Staff Report). b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VII. ADJOURN - Chairperson. 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication maybe read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. 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 that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. 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 Department, no later than two business days prior to the proceeding, 863-763-3372. %•Ily Of Vikeecnovee Date: JanuaryXt,12018 Petition No. General Services Department Fee Paid: J_aq_18 rd jurisdiction: p6 4, 0 0 66 S.E. 3 Avenue,Ro T _'� —Hearing: 1 Okeechobee, Florida 3- 1-5, /8 2Hearing: 4.-1-7- 18 Phone: (863)763-337:Exhibit 1 Publication Dates: P6; SlgS Fax: (863) 763-1686 Notices Mailed: bi b. .. . . . . . ...... 1 Name of property owner(s): 207 Realty LLC 2 Owner mailing address: P.O. Box 848 Okeechobee, Florida 34974 3. Name of applicant(s) if other than owner 4 Applicant mailing address: P.O. Box 848 Okeechobee, Florida 34974 E-mail address: dallon.boyd@gilberthasit.com 5 Name of contact person (state relationship)*- Dallon Boyd (Agent) 6 Contact person daytime phone(s): 863-697-2139 ....... MA N!r-*'�,*�;-*-..�,-�,-'j:-..'-".;j.�i�t��....-"r'-�-�-;�-,4;:-,-..-,:.., 'M A_ ER ly-11INFOR, NI'Mi LE E -i _� � i_ , .. Fi.*�_--_!. N' -7 R.- — T2, E--' Property address/directions to property: 112 Southeast 3rd Street Okeechobee, Florida 34974 7 FIRST ADDITION TO CKEEMMEE (PL -AT -BOOK I PAGE 11 AND PLAT BODY 6 PAGE 6) LOT 2 & EAST 10 FEET OF LOT 2 BLOCK 207 PARCEL: 3-21-37-35-0020•+)2070-0010 Describe current use of property: Describe improvements on property (nu mberitype buildings, dwelling units , occupied or vacant, etc. Vacant cleared lot 9 Source of potable water City Method of sewage disposal: City 10 Approx. acreage: o.1B5 ,- Is property in a platted subdivision? No Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No 11 12 1 Is a pending sale of the property, subject to this application being granted? No Describe uses on adjoining property to the Norft 13 North: Commerical Business District L) 1'%6 i i U i 6 t(+ East: Residential South: Heavy Commercial I �=v t ( V_e I- t 00-f C -"-y West: Heavy Commercial f io'e f 14 Existing zoning: Residential AAufti-Family Future Land Use classification: Heavy Commercial 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (x )No L__)Yes. If yes provide date, petition number and nature of approval. 16 Request is for: Rezone (__) Special Exception Variance 17 Parcel Identification Number: 3-21-37-35-0020-92070-0()10 fa (Rev 09/14) Page 1 of 11 Confirmation of Information Accuracy hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Rev 09/14) Page 2 of 11 18 Applicant's statement of interest in property: r J Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $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: 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Rev 09/14) Page 2 of 11 FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. The proposed rezoning follows the comprehensive plan as it matches the future use assigned to the parcel. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use is in fact specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. The proposed use will have no adverse effects on the public interest as it is a continuation of the heavy commercial zoning found on every other parcel on block 207. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed use for the parcel in question is appropriate as adjacent land uses to the south and west are heavy commercial, the parcels to the east and north, which are separated by roads, are zoned commercial business office, and commercial business district respectively. S. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use will not adversely affect property values or living conditions as any adjacent parcel not of the same zoning, is separated by a street buffer. (Rev 09114) Page 6 of I I ADDTfIONAL IN'FORiVIATIQN:REQUTRED FMR A REZONING . A Current zoning classification: Residential MuttkFamily Requested zoning classification Heavy Commercial Describe the desired permitted use and intended nature of activities and development of the property? B Expanded lot for the equipment dealership located on the grounds of the adjoining lot to the west and the adjoining lot to the south. Is a Special Exception necessary for your intended use? (I—) No (_--) Yes If yes, briefly describe C Is a Variance necessary for your intended use? LX ) No C_.) Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use evill generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass-bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level gfgrnri�P nn atl �ar?r!t roads•, linlrs ��ith anot the nr*ct. 1F1 _ Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. The proposed rezoning follows the comprehensive plan as it matches the future use assigned to the parcel. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use is in fact specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. The proposed use will have no adverse effects on the public interest as it is a continuation of the heavy commercial zoning found on every other parcel on block 207. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed use for the parcel in question is appropriate as adjacent land uses to the south and west are heavy commercial, the parcels to the east and north, which are separated by roads, are zoned commercial business office, and commercial business district respectively. S. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use will not adversely affect property values or living conditions as any adjacent parcel not of the same zoning, is separated by a street buffer. (Rev 09114) Page 6 of I I Findings required for rezoning or change in land development regulations (cont.) 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Rezoning the parcel in question to heavy commerical will buffer any surrounding uses as any directly adjoining parcels are also heavy commercial, and any other parcels not zoned hevay commercial are buffered by streets. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services The proposed use, as heavy commercial will create no density patterns issues. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will not create and congestion, flooding, or drainage problems, that affect publiuc safety. 9. 1 tic proposed use nas not peen mordmatety burdened by unnecessary restrictions. REzoning the parcel in question to Heavy Commercial will not in fact be burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. (Rev 09/14) Page 7 of 11 Prepared by and return to: JOHN D. CASSELS, JR. Partner LAW OFFICE OF CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 863-763-3131 File No.: 17-9501 Parcel Identification No. 3-21-37-35-0020-02070-0010 FIt_E NUM 2017004456 OR BY. 789 PG 1862 SHARON ROBERTSONr CLERK, h COMPTROLLER OKEECHOBEE COUNTYr FLORIDA RECORDED 05/01/2017 04:08:47 Ph AMT $73r500.00 RECORDING FEES DEED DOC 4514.50 RECORDED BY S Creech Ps 1862. U pa) [Space Above This Line For Recording Data';_ Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this day of April, 2017 Between RICHARD WALTER INGRAM, a single man whose post office address is 112 SE 3RD STREET, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantor', and 207 REALTY, LLC, a Florida IlmWtellliability company whose post office address is 3550 HIGHWAY 441 SOUTH, Okeechobee, Ft. 34974 of the County of Okeechobee, State of Florida, grantee* Witnesseth that said gra flr, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuabliisiderations to said,grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has gra bargained, bargained, andySold to the said grantee, and grantee's heirs and assigns forever, the following described Iand;s uate, lying and being in Okeechobee County Florida, to wit: Lot 1 and the East 10 feeX-4`VLLvt, Block 207, F,IRST,.ADDITION TO OKEECHOBEE, according to the Plat thereof, recorded In Plat Book=:�f Page ,1h 8trd flat Book 5, Page 6, of the Public Records of Okeechobee County, Florida. Subject to restrictions, reservations anOz,-e ements of and said grantor does hereby fully wariii t, the title to all persons whomsoever.; �<C�4fi "Grantor' and "Grantee"16f9�1i68 In Witness Whereof, grantor has hereunto set grafi Signed, sealed and delivered in our presence: WMesg Name: t ess Name: \ and will defend the same against lawful claims of requires. seal f[ke. ay and year first above written. TER State of Florida " County of Okeechobee The foregoing instrument was acknowledged before me thisar-day of April, 2017 by RICHARD WALTER INGRAM, who [j is personally known or [X] has produced a drives license identification. [Notary otary ublic StEYFNt11E 0011EZ W COrrtA • W est61 EO*ES: Ooow 29, =0 w'Aw nru µany "M Book789/Page1862 CFN#2017004456 Page 1 of 1 "CA Petition No. %8-60Q` P� 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 'f day of �H Signature of Applicant H. Gilbert Culbreth .Jr. Name of Applicant (printed or typed) State of Florida County of Okeechobee Date 11 Sworn to and subscribed before me this day of ,) CA V\ Vl O � 2 A Personals known tome m a -- produced — P as identification and did not take an oath. Seal: Notary Public, ate lorida RENEE JUAFU MY COMMISSION A FF 115408 ril 22, 2018 Bonded EXPIRES: Notary public Undernrilers (Rev 09/14) Page 3 of i l �� L�' ��a� Emus; v. ti IMMUSIP 67. L e r f a' "; sae. } r. L -37 E ,s BOUNDARY SURVEY PREPARED FOR GILBERT CULBRETLI INVE'STME'NTS, OESCRIP DON. (PARCEL A) LOT 2, LESS THE EAST 10 FEET THEREOF' ALL OF LOT 3,- AND THAT PART OF LOIS 4, 5, AND 6, DESCRIBED AS FOLLOWS COMMENCE AT THE SOUTHEAST CORNER OF LOT Cy AND RUN 7HENCE NORTH ALONG THE EAST BOUNDARY OF SAID LOT 6, A DISTANCE Of 16.3 FEET FOR THE POINT OF BEGINNING THENCE RUN WEST, PARALLEL (19TH THE SOU7H UNE OF SAID LOT 6, A DISTANCE OU 71.25 FEET 7HENCE NORTH, AND PARALLEL W97H THE EAST LINE OF LOTS 5 5 AND 4, TO THE POINT OF INTERSECTION WT7H THE SOL17H BOUNDARY OF SO(/7H CURVE STREET ABANDONED,- (HENCE NORTHEASTERLY ALONG SAID SOU7H BOUNDARY LINE OF SAID SIX/7H CURIE STREET ABANDONED TO ITS INTERSECRON 6WTH 771e EAST BOUNDARY UNE OF SAID LOT 4,- THENCE SOUTH ALONG THE EAST BOUNDARY LINES OF LOTS 4, 5 AND i 6 TO ME POWT OU BEGINNWG ALL BEING IN AND A PART OF BLOCK 207, OF FIRST A0017ION TO THE TOWN a' OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED /N PLAr BOOK 1, PAGE 11, LIF THE PUSUC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND /N PLAT BOOK 1, PAGE 11, OF THE PUBLIC RECORDS OF OKEECHOBEE- COUNTY, FLORIDA. / ALSO.' - (PARCEL B) i BEGINNING AT THE INmRSECT70N OF THE EAST BOUNDARY OF PARRO7T AVENUE AND THE SOUTH BOUNDARY OF SIXTH I roAw a/e• wa eco k v STREET EX7£NOED, RUN EAST ALONG THE SOUTH BOUNDARY Of SIX7H STREET A DISTANCE OF 71.25 FEET FOR A POINT I nw• aa• x. OF BEG/NN/NG; RUN 7HENCE SOUTH, PARALLEL TO THE EAST BOUNDARY OF PARRO77 AVENUE TO INE MERSECI70N OF / �I THE SOUTH BOUNDARY OF SOUTH CURVE STREET, NOW ABANDONED,* THENCE NORTHEAS7ERLY ALONG THE SOUTH ,I BOONOARY OF ABANDONED SOUTH CURVE STREET 70 THE INT£RSECRON OF 7HE EAST BOUNDARY OF LOT 4,' 7HENCE- - - - F- - - - - - - - - 3 BEGM NORTH, ALONG EAST BOUNDARY PR�CTED OF LOT 4, A DISTANCE OF 1.25 FEET, MORE OR L£SS TO THE /N7ERS£CRON (-L W I �r Ne' waN Eab a / OF 7HE SOUTH BOUNDARY OF SIXTH STREET,• 7HENCE WEST ALONG THE SOUTH BOUNDARY OF SIX7H STREET 7HENCE I WEST ALONG 7HE SOUTH BOUNDARY OF SIXTH STREET, A DISTANCE OF 71.25 FEET, MORE OR LESS, TO 7HE POB (BEING / 'I v wxs• ae x. / ]N£ SAME LAND DESCRIBED IN DEED BOOK 57, PAGE 119). aNb t/E' wax Ew[ P / I I pa a.l 1' x. k 1 .. ALSO.' Na. ---a rw,axrz xm, uA (PARCEL C)i(T.ya) I BEGIN AT THE SOUZYMEST CORNER OF BLOCK 207, FIRST ADD177ON TO THE TOWN OF OKEECHOBEE, ACCORDING TO THE / I ,ENI PLAr THEREOF, RECORDED W PLAT BOOK 2, PAGE, 26, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND RUN IVOR7H ALONG EAST BOUNDARY OF PARROT! AVENUE 116.3 FEET FOR A POINT OF BEGINNING, THENCE CONMUE NOR 7H rrz �1d1 ^ 1837 FEET MORE O4 LESS TO THE INTERSEC77ON W17H 7HE SOUTH BOUNDARY OF 67H STREET, THENCE RUN EAST I J x-,_ u ALONG SOUTH BOUNDARY OF 6TH STREET, 71.25 FEET TO A PONT'7HENCE RUN SOUTH ON A LINE PARALLEL TO THE Eur cwsr nxxxon n" EAST BOUNDARY Of PARROT! AVENUE, 7837 FEET TO A POINT BE/NG 163 FEET NORTH Of THE SOUTH BOUNDARY OF (AwmoNEb iob' n/x) LOT 6 AFORESAID,• THENCE RUN EAST ON A LINE PARALLEL TO THE SOU7H BOUNDARY OF LOT 6 AFORESAID, 71.25 FEET, ----- - r. MORE OR LESS, TO 7HE EAST BOUNDARY OF LOT 6 AFORESAID,; THENCE RUN SOUTH ALONG EAST BOUNDARY OF LOT 6 TO THE SOUTHEAST CORNER THEREOF,' 7H0VCE RUN WEST ALONG SOUTH BOUNOARY OF LOT 6, 142.5 FEET, MORE OR § LESS TO THE 1NTERSEC77ON W17H THE EAST BAUNOARY OF PARR07T AVENUE,• THENCE RUN NOR7H ALONG EAST BOUNDARY OF PARROTT AWAVE, 16.3 FEET TO THE POINT OF BEGINNING ` ALSO, LOTS 7, B, 9, 10 AND 11, BLOCK 207, FIRST ADDITION TO 7HE TOW OF OKEECHOBEE, RECORDED IN PLAT BOOK 2 PAGE 26, PUBLIC RECORDS OF Sr LUCIE COUNTY, W17H A COPY OF SAID PLAT BE/NG RECORDED /N PLAT BOOK 1, PAGE 11, AND PLAT BOOK A PAGE 6, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. TOGETHER WAY, A S7RIP OF LAND 15 FEET MORE OR LESS 1N wD7H THAT IS BOUND ON THE NEST SIDE OF LOTS 4, 5' 6, 7, 4 BLOCK 207 AND ON THE EAST SIDE BY L07S 3 AND 9, BLOCK 207, ALL ACCORDING 70 THE PLAT OF THE FIRST A001770V TO 7HE TOWN OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 11, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND W PLAT BOOK 1, PAGE 11, OF THE PUBLIC RECORDS Of OKEECHOBEE COUNTY, FLORIDA. ALSOO, A STRIP OF LAND 75 FEET MORE OR LESS IN MOTH THAT IS BOUNDED ON 7HE NORTH BY SAID LOT 3 AND LOTS 2 AND 1, BLOCK 207 AND ON 7HE SOUTH BY SAID LOT 9, AND LOTS 10 AND 11, BLOCK 207, ALL ACCORDING TO SAID PLAT OF 7HE FIRST ADDIRON TO 7H£ TOWN OF OKEECHOBEE u a�a .aa� �r[%rii✓Ki;s�E�cr� enr.2•��tirxYt,:tpay;'• �r�AtT�&IaN,v1� a?�'E�NtI>, �au1E �a�%r COUNTY FLORM /AES =ai4 frL {r ''i fi48L 'Tr ANY! F$Ar BOOK ,5,' PAGE d dF THE PY7 C�>7ECORDS OF OXE£t7IOBE£ PROJECT SPECIFIC NOISS• 1) UNLESS SHOWN OTHERWISE ALL DIMENSIONS ARE DEED(D) AND MEASUREO(M). 2) THE DESCRIP77ON SHOWN HEREON WAS PROVIDED BY THE CLIENT OR THE CLIENTS REPR£SENTA IIIE 3) BEARING REFERENCE.' THE CENTERLINE OF SE 2ND AVENUE IS TAKEN TO BEARS 0004'47' WEST. 4) -97F ADDRESS: 315 S PARROTT AVENUE, 108 SE .3RD STREET & 9r1T7m''�1v1`( '/i1 5) PARCEL 10: 3-21-37-35-4020-02070-0070, 3-21-37-A5-0020 02070-0020"u- 6) F.ZR- M. ZONE.• -X- MAP NO. 12093C0480C, DATED 7-16-15 7) THIS SURVEY /S NOT MENDED TO DEP/CT )URISDIC770MAL AREAS OR OTHER AREAS OF LOCAL CONCERN. B) SURVEYOR WAS NOT PROL/DED WITH ANY 777LE 1NFORMA TION FOR THIS PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS SHOW HEREON, 7F ANY. THERE MAY BE OTHER EASEMENTS OR RESTRICTIONS THAT EFFECT THIS PARCEL. 9) 7HE SURVEY DEPACTED HERE LS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE ADDIRONS CR DELE77OVS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PAR77ES IS PROHIBITED 6WTHOUT WRITTEN CONSENT OF THE S70NWG PARTY OR PAR7)£S. 10) DA 7E OF LAST FIELD SURVEY: 09/21/17. PREPARED FOR 7HE EXCLUSIVEUSE OF GILBERT CULBRE7H INWSWEN75, INC 207 REALTY, LLC 81 L rebs' aE' x. gl I :I I -lgxfa ,/r�/r' 1nON�x�wE (xo t0.) SE 4M SIREIT - iI AVENUE(P) BLOCK 216 INC. & 207 REALTY, LLC LINE TABLE: L-1: NORTH(D) N 00'0428" W(C) 16.30' L-2: NORTH(D) N 00.05'28" W(C) 1.25' L-3: NORTH(D) N 00'06'08" W(C) 16.30' I � NE [dWEA 6 BtaCN Te I �w x.e�is bxc � I 11 Ja I BLOCK 205 BLOCK i 208 BLOCK 215 - -- I i =a�si.o z C�3 g- �9 EF SES o P:�t2 �51p h E .-E o En -41 -a°9oEg5 of ° s4 o e7!LGL r�F3 voo� �ema��a:N Staff Report Rezoning Request Prepared for Applicant: Petition No.: .► Ue Sheet # 206 Fort Myers, FL The City of Okeechobee 207 Realty LLC 18-002-R Staff Report Applicant's Name: 207 Realty LLC Rezoning Petition No. 18-002-R General Information Owner/Applicant 207 Realty LLC PO box 848 Okeechobee, FL Site Address 112 SE 3rd Street Okeechobee, FL 34974 Contact` Person Dallon Bo d A ent Y (g ) �.� Contact Phone Number 863-697-2139 Contact Email Address Dallon.boyd@gilbe.61asit.com Legal Description of Subject Pro e egal Description: LOT 1 AND THE EAST 10 FEET OF LOT 2, BLOCK 207, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 11 AND PLAT BOOK 5, PAGE 6, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY. Parcel ID: 3-21-37-35-0020-02070-0010 Request The matter before the Local Planning Agency and City Council is an application to rezone an 8,172 square -foot property (0.19 ac.), vacant property RMF, Residential Multiple Family to CHV, Heavy Commercial. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 6 through 8. LaRue' 1 pt;�rjr1Lng Staff Report Rezoning Applicant's Name: 207 Realty LLC Petition No. 18-002-R Existing Proposed Future Land Use Commercial Commercial Category Zoning District RMF, Residential Multiple CHV, Heavy Commercial Family Use of Property Vacant As part of existing Gilbert Outdoors commercial use Acreage 18,172 sf (0.19 ac.) 18,172 sf (0.19 ac.) ..- Future Land Use Map Classification Commercial North Zoning District CBD Existing Land Use O'Reilly's Auto Parts Commercial to the east and Single - Future Land Use Map Classification Family Residential to the northeast and southeast. East Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use CPO, with RMF to the northeast and southeast. Office to the east, with single-family to the northeast and southeast. Commercial CHV Gilbert Outdoors Commercial CHV Vacant Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided brief comments to each of the required findings. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. LPKuc P-0nning 2 Staff Report Rezoning Applicant's Name: 207 Realty LLC Petition No. 18-002-R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed rezoning follows the comprehensive plan as it matches the future use assigned to the parcel. Staff Comment: The requested rezoning is consistent with the Comprehensive Plan. The request involves a zoning change to CHV which is a zoning district specifically cited in the Comprehensive Plan as appropriate for a property designated Commercial on the Future Land Use Map (FLUM) 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. " "The proposed use is in fact specifically authorized under the zoning district in the Land Development Regulations." Staff Comment: While the application does not identify the specific use to which the property will be put, discussion with the Applicant indicates that it will be a part of the existing Gilbert Outdoors use, or as a real estate office. Both uses specifically qualify as an allowable use in the CHV District. 3. The proposed use will not have an adverse effect on the public interest. "The proposed use will have no adverse effects on the public interest as it is a continuation of the heavy commercial zoning on every other parcel on block 207. Staff Comment: We agree that the proposed use is appropriate in the intended location and will be compatible with surrounding properties and have no adverse effect on the surrounding area or the public interest in general. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The proposed use for the parcel in question is appropriate as adjacent land uses to the south and west are heavy commercial, the parcels the east and north, which are separated by roads, are zoned commercial business office, and commercial business district respectively. Staff Comment: The property to the immediate west is vacant, zoned CHV and owned by the Applicant. Property to the immediate north is O'Reilly's Auto Parts. The property to the south is part of Gilbert's Outdoor. Across the street on the east side of SE 2nd Avenue the properties are zoned either CPO or RMF. The requested CHV zoning is the most appropriate for the subject property and is compatible with contiguous uses and with the zoning across SE 2nd Avenue. LaRue pi�qr1illng Staff Report Rezoning Applicant's Name: 207 Realty LLC Petition No. 18-002-R The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "The proposed use will not adversely affect property values or living conditions as any adjacent parcel not of the same zoning, is separated by a street buffer." Staff Comment: The proposed commercial uses will be reasonably compatible with nearby developed commercial and single-family uses across SE 2nd Avenue. Both existing single- family uses are already directly across from intense commercial uses and the extension of the CHV zoning to the subject property, in conformance with its Future Land Use designation of Commercial cannot be expected to adversely affect property values or be an impediment to improvement or development of any of the properties across SE 2nd Avenue 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "Rezoning the parcel in question to heavy commercial will buffer any surrounding uses as any directly adjoining parcels are also heavy commercial, and any other parcels not zoned heavy commercial are buffered by streets." Staff Comment: There is no need for buffering other existing heavy commercial uses from heavy commercial use of the subject property. Similarly, there is no need to buffer the existing commercial office use from development of the subject property. The two single-family uses to the northeast and southeast across SE 2nd Avenue from the subject property have only limited exposure to the subject property and development of the subject property would not be expected to have any significant impact on these properties. 7. The proposed use will not create a densitypattern that would overburden public facilities such as schools, streets, and utility services. "The proposed use, as heavy commercial will create no density pattern issues." Staff Comment: We agree, heavy commercial use has no impact on density. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed use will not create and congestion, flooding, or drainage problems, that affect public safety." Staff Comment: The expansion of the Gilberts Outdoor use, or other heavy commercial use of the subject property, which involves less than 0.20 acre, is not expected to create traffic congestion, overburden any public facilities, or create an inappropriate density pattern in the area. If new construction is involved, it will be required to provide drainage for any increase in potential stormwater runoff. LaRue 4 pLagr19 Staff Report Rezoning Applicant's Name: 207 Realty LLC Petition No. 18-002-R 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "Rezoning the parcel in question to Heavy Commercial will not in fact be burdened by unnecessary restrictions." Staff Comment: We agree. nmmPndatir Based on the foregoing analysis, we find the requested rezoning to CHV to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend approval of the Applicant's rezoning request. Submitted by: Ul6Yr---- Wm. F. Brisson, AICP Sr. Planner March 7, 2018 Planning Board Public Hearing: March 15, 2018 City Council Public Hearings: April 17, 2018 and May 1, 2018 (Tentative dates) Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use, Subject Site & Environs L aKuc • 5 PI ja9gi!ng Staff Report Rezoning Applicant's Name: 207 Realty LLC Petition No. 18-002-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS COMPREHENSWE FLAN LAND USE NGLE • CAMIL MULTI - F.;WLY C11MME?CIAL - INDUSTRIAL ?U@LIC FACILE -:E'= PRESIDENTIAL MIXED USE ptanning Aff Staff Report Rezoning Applicant's Name: 207 Realty LLC Petition No. 18-002-R ZONING SUBJECT SITE AND ENVIRONS ZONING COO) - CO§, V BUSINESS DISTRICT S C"V - HEAVY COMMERCIAL CLT- LIGHT COMMERCIAL CPO- COMM PROFESSIONAL OFFICE ° H - MOLDING :NO - INDUSTRIAL PUS -PUBLIC FACILITIES PUWAIXED PUD -R . RMFRESI^vE:N?1R.LXIULT'IFAMILY RW, . RESIDENT t4L MOBLE. NOME ASF`• - RESIDENTIAL SINGLE FAML! RSF2 - RESkDENTlAL SINGLE FAMILt {„&Kilt ptanning t t. Staff Report Rezoning Applicant's Name: 207 Realty LLC Petition No. 18-002-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS SIN IKO Sr LTRtle g planning T � 1RD Si SF t II r � AT LTRtle g planning N City of Okeechobee Date: ) - 60- 16 Petition No. I �j - t)O I -S E General Services Department Fee Paid: v( .` -t i\©, qb"!B Jurisdiction: P 55 S.E. 3`d Avenue, P- "" 1s Hearin cktf r 2" Hearin g• 3' l5- I IUi3 g: N/ Okeechobee, Florid Phone: (863) 763-3: Publication Dates: Exhibit 2 Fax: (863) 763-1686 Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): Windham Carl Lee Jr. 2 Owner mailing address: P.O. Box 2743, Tallahassee, FL 32316 3 Name of applicant(s) if other than owner NYLV Investors LLC 4 Applicant mailing address: 2000 Palm Beach Lakes Blvd Suite 205, West Palm Beach, FL 33409 E-mail address: Lindsay.Libes@wginc.com (agent) 5 Name of contact person (state relationship): Lindsay Libes (agent) 6 Contact person daytime phone(s): Lindsay Libes 5(�0 PROPERTY INFORMATION`' Property address/directions to property: 7 100 SE 8th Ave, Okeechobee, FL 34974 Describe current use of property: 8 The property currently consist of two buildings that no longer provide the services of the prior uses of Retail (party supply store) & tax office. Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. Demolition of the two existing buildings for the addition of a 1,151 SF fast food restaurant with a 9 drive through service (including 239 SF on outdoor dining space). Okeechobee Source of potable water: utility Authority Method of sewage disposal: septic Tank 10 Approx. acreage: .60& Is property in a platted subdivision? Taylor creek Manor( Plat Book 3 Page 4) Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 11 There is not a use that is or was in violation of a city or county ordinance. 12 Is a pending sale of the property subject to this application being granted? Yes Describe uses on adjoining property to the North: North: State Road 7ROW / Residential Mobile home park East: SE 8th Ave ROW/ Commercial plaza 13 (River Run Resort) South: Single -Family Residential West: Taylor Creek 14 Existing zoning: Heavy Commercial Future Land Use classification: Commercial 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (_�L)No (_)Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (__) Rezone ( x ) Special Exception (___) Variance 17 Parcel Identification Number: 3-22-37-35-0260-00000-0010 (Rev 9/2017) Page 1 of 11 V V J 1Lre,6G(J C1 Mt's' r ►-30-tfa 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. Signatpre V` Printed Name Date Lindsay Libes 0 For questions elating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 1 I REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: -Foal, r-eL01'Ii, �� �Ivt _ t-hrouL arviec i ncIW1 Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $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: 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11 x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 i 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. Signatpre V` Printed Name Date Lindsay Libes 0 For questions elating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 1 I STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] Applicants are required by Sec. 70-373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. A justification statement has been provided to demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. A justification statement demonstrates how the site and proposed building have been designed to be compatible with the adjacent uses. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. A justification statement has been provided to demonstrate the landscaping techniques that will be used to screen the use of adjacent uses. 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. A justification statement has been provide to demonstrate the procedures to mitigate any adverse impacts. . 5. Demonstrate how the utilities and other service requirements of the use can be met. A justification statement has been provided to demonstrate the utilities and other services will be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. A justification statement and traffic impact study has been provided to demonstrate the traffic generation on and off the site. (Rev 9/2017) Page 8 of 11 ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: A To permit a 1,151 square foot the use of a fast food restaurant with a drive through service(including 239 SF of outdoor dining space) f f n RO-A' ( Drive- ,h,t Are there similar uses in the area? No ( X ) Yes If yes, briefly describe them: B Approximately 490 feet West of subject site is a fast food restaurant with a drive-through service (Burger King). 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: C The proposed fast food restaurant with a drive-through will provide convenient food services during the hours of operation of 10am to 4am (Monday -Sunday). The number of employees range from 3-7 employees during a single shift. The designated 239 SF outdoor seating area will accommodate any activities conducted outside the building. Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most D similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] Applicants are required by Sec. 70-373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. A justification statement has been provided to demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. A justification statement demonstrates how the site and proposed building have been designed to be compatible with the adjacent uses. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. A justification statement has been provided to demonstrate the landscaping techniques that will be used to screen the use of adjacent uses. 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. A justification statement has been provide to demonstrate the procedures to mitigate any adverse impacts. . 5. Demonstrate how the utilities and other service requirements of the use can be met. A justification statement has been provided to demonstrate the utilities and other services will be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. A justification statement and traffic impact study has been provided to demonstrate the traffic generation on and off the site. (Rev 9/2017) Page 8 of 11 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: The use is not contrary to the Comprehensive Plan requirements. Please see the provided justification statement. 2. The use is specifically authorized as a special exception use in the zoning district. Please see the provided justification statement. The use will not have an adverse effect on the public interest. Please see the provided justification statement. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Please see the provided justification statement. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Please see the provided justification statement. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Please see the provided justification statement. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Please see the provided justification statement. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Please see the provided justification statement. 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 9/2017) Page 9 of 11 � WGI.. JUSTIFICATION STATEMENT Special Exception Checkers- City of Okeechobee Initial Submittal: January 30, 2018 REQUEST On behalf of the Applicant, WGI is requesting approval of the following: 1) Special Exception to permit a 1,151 square foot fast food restaurant with a drive-through service (including 239 SF of outdoor dining space). SITE CHARACTERISTICS The subject site consist of approximately 0.6 acres and located at the Southwest corner of SE 8th Ave and State Road 70, within the City of Okeechobee. The site is currently developed with two previously approved commercial buildings that no longer provide services at these locations. The site retains a Future Land Use (FLU) designation of Commercial and a Zoning District of Heavy Commercial (CHV). The property is identified by the following Parcel Identification Number: 3-22-37-35-Q2QQ-0Q0Q0-QQ1Q. 2035 Vista Parkway, %Yc s' Pn;m Re:3(-h. Ft_ 33411 t: 561.687.2220 f: 561.687.1110 w v, wantmangroup DEVELOPMENT HISTORY There are two existing building on the property: the first building was built in the year 1979 (681 base SF) and the second building was built in the year 1982 (850 base SF). The subject site was purchased by Carl Lee Windham Jr. on December 1, 1980. The Warranty Deed can be found in ORB 238 Page 1825. SURROUNDING PROPERTIES The site is surrounded by varying uses with similar Zoning Districts and FLU designations, and thus, are found to be compatible with the proposed commercial use on the subject site. The following summarizes the nature of the surrounding properties adjacent to the subject site: NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. EAST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Furniture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. WEST: Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. DEVELOPMENT PROPOSAL The current development proposal for the site is as follow: Checkers Restaurant A 912 SF Checkers fast food restaurant with a single drive-through service lane and 239 SF of outdoor dining area (totaling 1,151 SF) proposed at the Southwest corner of State Road 70 and SE 8th Ave. The single drive-through service lane is 10 feet wide and directs vehicles towards the point of service located at the northeast side of the building. The drive through lane situates along the southern and eastern portions of the building where the proposed 11 foot wide bypass lane runs parallel and allows vehicles to exit towards the eastern exit. Outdoor Dining Area The Outdoor dining area is located towards the northwest portion of the site and provides 3 tables seating 4 individuals each, accommodating a total of 12 individuals. Access There are a total of two (2) proposed 24 feet wide access points from State Road 70 and SE 8th Ave. Both access points are derived from existing curb cuts that will be provide ingress and egress options. Parking Pursuant to Section 90-512 of the City of Okeechobee's Land Development Code, fast food restaurants require 1 space per every 75 square feet of gross floor per. The Checkers Restaurant location does not provide indoor facilities; therefore, the parking requirements are based off the 239 SF outdoor dining area. That calculation equals 3 required standard spaces, one of which is required to be ADA accessible (239/ 75=3). The proposed design provides a 12 standard parking spaces, of which 1 is ADA accessible. Justification Statement January 30, 2018 Checkers — City of Okeechobee Page 12 This provides sufficient parking for both the public and employees that visit the site, thus accommodating a total of 12 parking spaces and meeting regulation. Loading Space Pursuant to Section 90-511 of the City of Okeechobee's Land Development Code, the required loading space shall be a minimum 14 feet wide and 30 feet long. The proposed site provides one 55 feet long and 14 feet wide loading zone, thus satisfying the loading space size requirement. Dumpster Location The proposed dumpster is located southwest of the site and will be only used by the proposed restaurant. Landscape Buffers The proposed development provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line. SPECIAL EXCEPTION STANDARDS This proposal meets the following requirements set forth in Sections 70-373(b) and 70-373(c) of the City of Okeechobee Land Development Regulations for Special Exception Approval: SECTION 70-373(8) 1. Demonstrate that the proposed location and site are appropriate for the use. The site is located at the southwest corner of State Road 70 and SE 8th Ave and retains a FLU designation of Commercial and Zoning District of Heavy Commercial. The proposed restaurant use is permitted consistent with the Section 90-283 of the City of Okeechobee's Land Development Regulations. Pursuit to Section 90-283, a drive-through service is permitted in the CHV district after the issuance of a special exception use petition. The subject site is appropriate for the proposed Checkers fast food restaurant with a drive-through service as similar operations are adjacent to the subject site. The following is a summary of the uses surrounding the site: NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. EAST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Furniture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. WEST: Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. Justification Statement January 30, 2018 Checkers — City of Okeechobee Page 13 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and neighborhood, or explain why no specific design efforts are needed. The proposed development of a fast food restaurant with a drive-through service lane, known as Checkers Restaurant, is compatible and consistent with the existing FLU designation of Commercial and Zoning District Heavy Commercial. The land uses immediately surrounding the site are consistent with the proposed use as they are commercial in nature, with similar or greater intensities. The proposed 1,151 SF Checkers Restaurant with a drive-through service (including 239 SF of outdoor dining) is located provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. It is the intent of the applicant to propose a design that is compatible with the existing commercial developments within the area, while maintaining the prototype appearance of the Checkers brand. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screen is necessary. The proposed 1,151 SF Checkers Restaurant with a drive-through service (including 239 SF of outdoor dining) provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. 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. There are two points of access from State Road 70 and SE 8T" Ave that provide both ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the two exits. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. Additionally, the pro osed development provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8 h Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. 5. Demonstrate how the utilities and other service requirements of the use can be met. There is an existing 12" water main in NE Park Street and a 6" water main in SE 8th Avenue. The existing site is serviced from a water line with a 3/4" water meter from the 6" water main in SE 8th Avenue. The proposed development will continue to utilize the existing service to serve the proposed building. There is an existing 8" force main in NE Park Street and a 6" force main in SE 8th Avenue which comes from an existing lift station approximately 500 feet to the south of the site. Per discussion with Okeechobee Utility Authority, the proposed development would include the construction of gravity sewer from the site through the SE 8th Avenue right of way to tie into an existing manhole approximately 350 feet to the south which feeds into the nearby existing lift station. There is an existing overhead power pole on the east side of the property that serves the existing buildings. This power pole could serve the proposed building. The survey located a buried AT&T line in the SE 8th Avenue right of way on the west side of the road which could serve the proposed building if needed. Justification Statement January 30, 2018 Checkers — City of Okeechobee Page 14 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. There are two points of access from State Road 70 and SE 8T" Ave that provide both ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the two exits. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. SECTION 70-373(C) 1. The use is not contrary to the Comprehensive Plan requirements. The proposed 1,151 SF Checkers Restaurant with a drive-through service (including 239 SF of outdoor dining) is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including the standards for building and structural intensity and density, and intensity of use. The current FLU designation for the subject property is Commercial with a CHV Zoning designation. These are consistent and compatible future land use and zoning designations. 2. The use is specifically authorized as a special exception use in the zoning district. Pursuit to Section 90-283, a drive-through service is permitted in the CHV district after the issuance of a special exception use petition. The proposed development request is located within the CHV district and proposes a Checkers Restaurant with a drive-through service. Thus, the special exception use request is required for the proposed site. 3. The use will not have an adverse effect on the public interest. The proposed Checkers Restaurant with a drive-through service will not have any adverse effects on the public interest. The Checkers franchise operates as a national chain and will provide precise food services to all participating customers of the City of Okeechobee. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The subject site is suited for the proposed Checkers restaurant with a drive-through service as the Checkers restaurant will replace the existing two both buildings that no longer provide service. The site is located at the southwest corner of State Road 70 and SE 8th Ave and retains a FLU designation of Commercial and Zoning District of Heavy Commercial. The proposed restaurant use is permitted consistent with the Section 90-283 of the City of Okeechobee's Land Development Regulations. The Checkers restaurant will not be detrimental to urbanizing land use patterns as similar operations are adjacent to the subject site. The following is a summary of the uses surrounding the site: NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. EAST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Furniture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. Justification Statement January 30, 2018 Checkers — City of Okeechobee Page 15 WEST: Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The proposed Checkers Restaurant will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Land uses immediately surrounding the site are consistent with the proposed use as they are commercial in natural, with similar or greater intensities. The proposed Checkers is compatible and consistent with the existing FLU designation of Commercial and Zoning District Heavy Commercial. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. The proposed commercial development of the Checkers Restaurant provides the required 2 feet buffer which will minimize adverse effects, including visual impact and intensity of the proposed use on the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. It is the intent of the applicant to propose a design that is compatible with the existing commercial developments within the area, while maintaining the prototype appearance of the Checkers brand. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The proposed Checkers Restaurant will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The proposed Checkers operates a quick food service that will not sustain density for long periods of time. The site retains a FLU designation of commercial and a Zoning district of Heavy Commercial. Therefore, proposed use of a restaurant is permitted and is compatible with the surrounding commercial developments. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed Checkers operates a quick food service that will not sustain density for long periods of time. There are two points of access from State Road 70 and SE 8T" Ave that provide both ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the two exits. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. Therefore, will not create traffic congestion, flooding or draining problems, or affect public safety. Based on the above justification and attached information, the petitioner respectfully requests Special Exception approval. Justification Statement January 30, 2018 Checkers — City of Okeechobee Page 16 t .taMlf DIID I .•.Ir.,r.1 .N V wM M 14n' l W • , ' Dtln 1 b.- a, .,IV - y„�i14• Ilr�,l. 0• .. Cw.... �• INS Warranty decd 13tr. r..r, April 1 0-'I0 64 !.y EDtNA WARD, & single woman, ' h,vrundrrr i aRh d t,.• nraah'r r^ • dP ' 8� �:�' 8� L f t J. He WARD, a single .man,. 1 i 1 rrhh..r pn•i, afi Okeechobee, Florida ' ' � lar r( •r f . ret , d ! 4 i �... 1•ur nl i :.1 ,..,,n. »I r..1.r.. Au:n .na Dib wl, 4-X t,.ou. ^Lx .hr .� N) 1 rtnesseth: it-,rrh.• r r err rr.,r rrrrrrrrlrrrrh ..l tr seal rhf S '1, 00 arm other, ' I n r r onwlrnauur. n•,r q,1 r •'r. rhnrhr m lnnu r,a1a,4 1 4 ,. hu anirn. aefl,, allma».rr. I . . ,. rr/torr nhn.•t. noel tool, rrtn Ihr r,ranhv, It that tett-, 1-1-:1poohd olunir mOkeechobee t unty. f=faurfa..a: 1 i Lots 1, 2 d 3 of' TAYLCP CREEK VANOR, a sub- division ec ording to plat thereof recorded in Plat Book ;, page li.'publLc records of Okeechobee unty,:loride 0 e or with any and all parcels. o ed oy sal°d gra. r d lying East of Taylor C enc and 'e t dcoz ad as now located. Thie ae given sub,',ee , owever, to govern, meat of way of Tayl eeare being a part of G v r ant Lot 3, gectl r 2, Township 37 So ange35.East. 109c1her. a•11h all I. r t , t 1 to and ap i an to helanging a in an>.• n•i.r npprrinlnlnry To How and to Hold, ,1hr name in try ort r. T{nfl the grmrtar herr:hy rnrtnmtts 114th ani tr aninlor is lou• I .d of Pahl land in ter atmplr.,tha1 Ibr, arantar hat goof tint o.- n1 a art! and ton a land; that the f1marrn herehv%ntly Nvrnnnts the title In , will Ie same again mjul Awad, .1 all peryoaa whamweeer: and that said tan, s of atl career, t except 1 Ing suhtrquent irh I)rvrmlrer SI, le 63. • in fitness �ilhfrrof, Ihr said grantor fiat ,honed and Pralyd Ihe,. presents I a null year r first .611, u•rtltra Started..erdet( and drlienrrl ,n our presenre: I S rxi F. ttrFLORIDX it -t" noatoin uii-- rul NIv 1n' OKEECHOBEE 1 - • i 1 ' , 1 IIFRF.RY VER IIVY that an thn day;,,leer alt, an Ifir, duly r ' r auihrupni m 1hr Siall ahar.aid and m the G-antr alorruid to bike • arinlh�IrdtmrNrl IRru.nallr apse 1 _ ,.Fano/y, 4 t �•;* : �SpNd.,';41JD, a single woman, 3 = 1+ tar Innwm Nr IIs 4hr yrrp n -dr nhnl In and aha earrulyd the I r '-fart-1 t inetvme4.44 afie arinnwkd" hrfom aw that `she ' l' • , ��.• (• K('i1�'.ES my head and official wet in th. Couniy and - -.•� • ..•: t.;A 'Lot ainrriaul �3th- tar I „r '1 ,i'Epril .A D. I964. , ' r 1 41 ellINDEXED & VERIFIED ifotsry Pa at of F7tIr dx al La1P.a k(r�„�''l .�.• /,1�!�Commasan OP+n 4dren s. l9GY DIRECTINDIRECT r •��i^a'�r_'t:�a,. .•`•t':_ .- _. !:....._µ.i.1. _. .,_ _• _. .' I. .. •__.. - ___'—_•� 059705 FILED FOR RECORD OVEECHroq COUNTY, FLA. 19;4 APR IS AH a 23 loarranty Deed HAYNES E. M. !4i- S C CLERK GFCW%! Ul' M;ir W t t - - I L I F1 i ' MAa1lanri Deco w.nu. To .....i. �tl, tr o row . �5 PLGE�� �hIS Mundy Deed hlad. the 22nd day of Merck IIL�a A. D. tai 73 6y J. H. WARD, a'single man,' herelnafter called the grantor, to ' KORA D. AHNEY end. BENJAMIN P. ABNEY, SR., as point tenants, with right of survivorship, whore portoffice address is P. 0. Box 685, Okeechobee, • fIorida 33472 j rerinofor called the aranire: ' .Y Yin, y„t a.r.ia .Y rrr. •• ar,. ••,r..M•• Yd. -4...dA. nir. M Yiw �e.l nr..•ew.n.. M aW� .f 'Nr.d..l., W a,e F.b a.:rr r w...rui.rl SIJItUe$Selll: Thal thr pranlar. /or and In onsidemllori of A& .un of 's 10.00 and other . veluaho eonsideroltons, rerelpt whereat( Is hereby ack—ledped, hereby p"". "Ina. sella, ohms. to. ads"-' rel.osn, conveys and mnfirins onto the prattl CourJy. Flow.. at.: as. all. that crrlaln land situate In, Okeechobee Lots l4 2-, and 3 TAYLOR CREEK MANOR, according to plot thereo recorded in -tat Book 3, 'page 4, public'recortie 00 of Okeechobee County Floride. .SUBJECT o Room trictio s, Reservations and Easements of record: SUBJECT to Right-of.–Xey for.. Tay or Creek. ` 1 Together with all the an , .redttamonto and a a noes lherato belonging ar In any. ' Who apperlalntn0. To Save and W. Wid,' the find the planta htreby cotenants with f gran at. the are I lawfully steed of veld land• ' i In too simpl.t that Ihe'gnnfor ha coed eta and W, _ Ifkenrily to a std tonwy.wfd,Land: tkaf the i prenfor hereby, fuUj warrartle the fill. to s. haul and vel.1 a a he a 1. Ila.inwful'ela4ne of { ail peons whonsorwr: and that said land b (sea of alI aneum . esaP la.tr acasufnp auksttruma = to D.c &. 31. 10. FILEDf ., ECDRD CKEE• ' - #. 087923 I913ri" -3 All 8:37 In Mug .Whereof, Ike toad Oranfor hes signed and seaGd these presents I6 day and year. Signed. scow and dellteed In our Presence: ? STATE OF RTD �s.aa anew rw sstwus.s ver. CQuttTY of OKEECHOBEE ....... , " l'?: ;-_'{.-'I A{ - 1 HEREBY CERTIFY That on this day, befoie nese, an otnter, duty s -;TATE Of"OUCItMEPJiA4Y. 57AMP TAXI a.thtitind is the State, af�Y yan in the County dorrsaid to take a N tin'1.6F i iv[hri �go!4-*q rnu, a y CW ••• WARD, a single , .. e , = sea•7o ��-r' n matt i ^ G • = 11GZI , ����•,•,� { ! ao'snF ltarn•b be the P—P dnaibed in sad he emecw,d the.................................. far{:toiaa �atw—.1 and he • ecka.w"Sed Was a.e that he . l<1at�ud de ume. o .•—�1—...__ WIND,IT _t .., 1a WITNESS my Iu•d ane effieid scd 1. the Cwnty and o' • t'=L ::C W I IAA. Id St�ro'Ian af.tesaid this 22nd day of FLURiJii ' March . A. D. 19 73. _ suHIua•r» ra _ Z 2. 00 s' Iktay 9u5GC Slslr al Horids tt lsrpa , 7hir %ruhunrrnI end I : µy Gemistioe fisPir s IAatd E,1916 TOM WI C 1NNELY >CI ver r sews, or � ' M OTU. 201 W. 2nd Street . `may ho, v 8000( ��5 PME 527 4 Book 146 Page 528 Was Missing keer.w?, 04.66 1 la "� 238 PsuE1825 WARRANTY OCrO RAMCO FORM cl Ina t9to. To INo1Y+a This 10arranty deed ma, its, '18th day of December A. 1). 19 80 by NORA D. ABNEY and BENJAMIN P. ABNEY, SR. . hereinafter called flat- ffrunfor, la C. LEE WINDHAM whas,r pa,taffic1, address is 100 S. E. 8th Avenue, Okeechobee, Fla. 33472 herelnofler called the fUnnfle: .N'M,r.,r v.f h+.nn .h. r.rnr. nn• aid "• rat.," I.ulr .11 ,t1,, Pana. 1. chi+ mnumrnt end an.l sit,h.ir.. leu! rel�rrr nt•nrr. .,.d ,. .inn. ..1 ind'n i.lu.l.. 1M .w.....,1,+ awl a••ienr al rnryw.t{na+l luitnesseth: 'that 1111, rfronlor. fur unit in cousldrndion of file saint of $ 10.00 and other ealuabl1, runslderalluns, rrrrlps Whereof is hereby nArlorrtrdifed. lr1•reby oratils, b irfiahu, sells, aliens, re. mites. r,•(t-usrs, ront-eys and confirms unto (tie ornnlre. 4.11 flint certain farad sfluale in Okeechobee County. FinrBta, via: F22 ot 1 and the N 1/2 of Lot 2, TAYLOR CREEK MANOR, a subdivision ccording to the plat thereof recorded in Plat Book 3, Page 4 f the public records of Okeechobee County, Florida, in Section', Township 37 South, Range 35 East. LESS AND EXCEPT right -of - ay for State Road 70, and LESS AND EXCEPT land described in Official Records Book 217, Page 175 of the public records of Okeechobee County, Florida. SUBJECT TO Taylor Creek Right -of -Way. SUBJECT TO restrictions, reservations and easements of record, if any. Together will. all the tenements, heredllamenls and appurtenances thereto belonging or In any- wbr npperfatning. jTo Have and to Hold, Ihe same In ter simple forever. Rod file grantor fu•reby coarnanfs •udlh said granter that the grantor Is lawfully seized of said land in ire simple: (bat Ibe grantor Lar good right and lawful authority to sell and ronvey said land; that that grantor hereby fully warrants the llfte to raid land and will defend the same against rho lawful claims Of all persons whomsoever: and that sold land It free of all encumbrances, except fazes accruing subsequent to December 71, 10 79. STAV" (.1:( y� ,1 I.na. t'�� 1 i In Joitnes5 Jehereoft the said grmllur Ito, stoned and scaled these presents flip cloy and year first abot-r written. Signed, s tell anti de@pered In our presence: C��G� .. N•.•.. ........... dim Akney Oak . .. .. f space all w los etc 1 5'I A'I F. OF SDA cou-;TY. or a<EECl1OBEE 1 llrkEDY GEf('1'll'Y Out on this day, tenant nit. an uffirer dull autlwr irrd In tltr SUI, dornaid And In the Cu,tnq sf—filid u1, tale arknrrwirdrutrrnu, Irraunalir spl+ranrtf NORA D. ABNEY and BENJAMIN 11. ABNEY, SR. '.td irnr kM,»n lu Int uh, p,unn a.1's, 0-1 in out »h,. nnul.d Ihr (,.•lortTty!hr Imuum.n...,each Arkna»IrdpA I+l,ar air, Ilut they rsrrmnf•, tlsj soar 1.(/•I!1,. H(i3t:!! net hand and hlhrrtl8t1 u1, lhr Cuunlf and Sutr'lan dclruid trace 1 Il du ,d ,(NOTARY_ December SEA0 . ; ' / i �L�'•� 'Notary Pub Florida �Q Juy;viumeNy CI rt xpl � FAk. Stitt of flow TOM V. COMELY, I I I Mr cWtsntsue^ 1.;✓rt IJJnv 207 hW 2nd Street Okeechobee, Fla. 33.72 Ln CI :A��•yy�� iSri —t ZK =I! m ;m 2.38 :a•-f,4.Lg5 Lj LEGAL DESCRIPTION: Lots 1, 2 and 3, TAYLOR CREEK MANOR, a subdivision according to the plat thereof recorded in Plat Book 3, Page 4, of the public records of Okeechobee County, Florida, LESS and EXCEPT right of way for State Road 70, and land described in Official Records Book 217, Page 175 of the public records of Okeechobee County, Florida. f n 246 Pac: Ogg WARRANTY Oeta RAMCD FORM OI �•',.•, ' INDIVID. TO INOIYID •' This Warranty Derd 1�6uir IIIc � :z'Y tiny III DECEMBER A. f), Io)8l by NORA D. ABNEY and BENJAMIN P. ABNEY, SR., Wife and Husband hrrelnnftrr rnlirrl the grantor, In ' j C. LEE WINDHAM 11•1441te r111slrlfflr•r noldrr•.•l is 100 Southeast 8th Avenue, Okeechobee, Fla. 33472 hrn•innfh•r culled IGF prouder: I%Vlr •.d I.r.nn d.. Tnm• •.rua•-1" ..1 ­.,....,*;.,1..4 .11 it.,.r. r emir. rn rMr 4nuun.rrt t ' IM h.i.. I...1 npnvnurar. ..A ndrm.of indi,ido k. .od Al .--40r 1 o•i.n• ..I r..rpw.Nn..i j�� U7itnrsseth: •►•Gal fill- frllutlnr. for and to ennthlrrnllns al file ;nm nj $ 10.00 anel nater rnbmhir eonsldrrntfons, nrelpf lei'erruf Is 11rrrGy nilnnu•lydpwi. hereby lfrrnlbr. Gnsgrdns, sells, aliens, re• mites, rricnsrs, itmveys and ronfirm, ante flu• grniiice. all thfrl crantn Innif sannfr In Okeechobee County, Finridn, vi:: Lot 3 and South one-half (S 1/2) of Lot 2, .TAYLOR CREEK, MANOR, according to•the - plat thereof recorded in Plat Book .3, Page 4 of the Public Records of Okeechobee County, Florida. SUBJECT TO restrictions, reservations and easements of record, if any. uiisv apperfafnfng. LL ''JJ TD.Have sand to ]blit, the an Rad file grantor hereby novena with' In frr, simple: flint Ibe'gro tot at ghl grantor hereby [silly warran s o sold all persons whorissorser: and that Satd iand� to f)rermber 31_ 19 80. STATE_ u_-=LDRIDA� �•~ DOCUTAENTARY STAMP TAXI 0.1 �'� pLF'i.tlF Ni.Ytlll�t T a. [itamenis and appurtenances therrfo be longing or in any forever. I the grantor is lawfully seised of told land D►ily o Sell and •eonery satd land: 161 the 0 e some against the •foululclaims of X afi lases Deming subsequent the day and year In Mitness blitreof, IGS Sold grantor has signed and .m flnl above writfen. Signed. sedrd and dr II•eresl In our prrtencr: X Witmnes w........ f STATE Or • FLORIDA f VAIN eov.%-1'v or HIGHLANDS 1 I IIERE(19 CERTIIY shat .n shit da,. Infair a,,. an eftncr dol, aatbacaed in she Stair atwrsatd and in the (i•onlr afw-61 to a►e ulr.o.kd¢sn.nu, nwrult, ggrrued MORA D. ABNEY and BENJAMIN P. ABNEY, SR., . Wife and Husband 1'71x_ so ern{-irw,fR lu W Of., Irrs,•in$ Arwn.1.ra iR .nil wW rar.rlyd the . .:ailtoirl io.yrn•rns •nA tQC}1 ..}wNMdsrd I+I.ar• mr, that they G �.' '-iarrotrd ihi,tl111I '!'4 11NESS mr ba1N1 and Mosul -.1 m ,hr livats and U. :. _ X, ` i i' 1Uu b.t .I..,aiJ thu '• J' 11Jos .•I R - : (�qqY gam[,) • _ DFC£HBFR . ^ -Tl' N T •x.11 ts� _ -1'.`✓' illi �IQ)t�' ,•jllll��� O,�� r`� Hourlss�on £x lrcg tiro./nlhi,ut rrrl�/•t i'■I& Slier 11.,w Sl will nl f•n a wf e! •Im N. OOhEI.Y, f ! t Mt ysla (ytru Sylralsr M.044 IJJnr� 207 W 2rx! Strtti[ , , 1:, Olwecl )ee, FlorftLt 33472 AG 1 468 the day and year ..+..y.. �l..y.• `q:�Y`. �`»Viwii.•. �..,.: �. .... .� �..... .ivi5-r.>.i:wij..•, iNr ti.:'.',: Sitnti.:G.:.,_:a:i^..::...:.:.C::.,. ,, « .'f... .:. w:` ... i:•..•:..:r'-i..yN+'rN;'Mf4�4WO:.n�«_ ..arnr.+ . , y0� OR BRUK365 m 691 NTH JUDICIAL CIRCUIT COURT ;EECHOBEE COUNTY, FLORIDA IN RE: THE ESTATE OF CARL LEE WINDHAM, SR. Deceased. NOTICE TO WHOM IT MAY CONCERN: Please take notice that possessl follows: Lots 1, 2, and 3, Taylor Cre recorded In Plat Book 3, pa County, Florida. has been surrendered to the person CARL LEE WINDHAM, JR., whose mall' FL 32316, as permitted and provided by Section 733.607, Florida Statutes. The effective date of such surrender of possession Is February FB, 1995. J 4 CARL LEE WINDHAM, JR. +z? as Personal Representative PROBATE DIVISION SE NO. 94 -076 -CP ER OF POSSESSION STATE OF FLORIDA COUNTY OF LEON ,�,,,,00dd The foregoing Instrument was acknowledged before me this 2K-—dayof as Personal Representative of the Estate March, 1995, by CARL LEE WINDHAM, of Carl Lee Windham, Sr., who Is personally known by me or who has pro 01 • -g�ai i City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): Windham Carl Lee Jr. Mailing Address: P.O. Box 2743, Tallahassee, FL 32316 Home Telephone: Work: Cell: Property Address: 100 SE 8th Ave, Okeechobee, FL 34974 Parcel ID Number: 3-22-37-35-0260-00000-0010 Name of Applicant: NYLV Investors LLC Home Telephone: Work: Cell: 561-537-4542 (agent) The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be placed upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS 24th DAY OF�� Ja nua ry 2018.��/' OWNER Carl Lee Windham, Jr Sheryl Zavion OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this—day of r�201 S. `��111111 111111/////' I I H. sr, Notary Public:4f SEAL �; •MtSSIONF •. O o� ber3 -/,o % Commission Expires: — � ; � o,0m 5,11 • X20 #FF 927306 Q 9 '• , ended I'�ll11111111 0� e s (Rev 9/2017) Page 5 of 11 ita PARCEL NUMBER/ OWNER NAME ADDRESS CITY ST ZIPCODE 3-22-37-35-0260-00000-0080 B & T FAIR INVESTMENTS INC 1403 SE 8TH AVE OKEECHOBEE FL 349745313 3-22-37-35-0260-00000-0060 1403 SE 8TH AVE OKEECHOBEE FL 349745313 3-21-37-35-0020-02520-OOA1 ROOK THERE INC 5205 BABCOCK ST NE PALM BAY FL 32905 3-22-37-35-0260-00000-0040 /MYERS DONALD (DECEASED) 102 SE 8TH AVENUE OKEECHOBEE FL 34974 2-15-37-35-OA00-00008-0000 /WRJ SALES INC 600 PACKARD CT SAFETY HARBOR FL 34695 2-15-37-35-OA00-00008-A000 600 PACKARD CT SAFETY HARBOR FL 34695 3-21-37-35-0020-02520-OOAO SOUTHERN MANAGEMENT CORP 324 SW 16TH ST BELLE GLADE FL 334302824 2-22-37-35-OA00-00013-A000 ROYALS O K LUNCH INC 324 SW 16TH ST BELLE GLADE FL 334302824 3-15-37-35-0010-01490-0100 /RUIZ INVESTMENTS LLC 625 NE PARK ST. OKEECHOBEE FL 349724547 3-15-37-35-0010-01480-0010 ✓4 GIRLS PROPERTIES LLC 701 NE 3RD ST OKEECHOBEE FL 349744576 C'hinV-Pd 0ol_t r,4.(- �,0 a-7-16 r A ,y. Ata ` 5 dfr 100 FT BUFFED. _ .. TAL 1 W—'00000-0040 2=2237'35=0A00 -00013=A000 )0000-0060 F �f � •R ' a1 : i �w 'a f t�f• L � .� _ _ c � ir m ; i 4�-�q Petition No. I a'"o S e Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of January 2018 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 30th January . 2018 day of 0[-�V -15 Signature of Applicata Date WGI Lindsay Libes (agent) Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this day of own to or produced as identification and did not take an oath. WVLA'' n� Notary Public, State of Florida (Rev 9/2017) Seal: `.„V IP ,� PAULA MILLER : Notary Public Bub of Florida r• E Commtalion 0 GG 047597 My Comm ExPiru Nov 29.2020 aii JFO G ROU P INC Traffic Engineering • Transportation Planning www.jfogroupinc.com January 29, 2018 Alan Perlmutter NYLV Investors, LLC 7975 West Sahara, Suite 101 Las Vegas, NV 89117 RE: Okeechobee Checkers -Transportation Concurrency 100 SE 8th Avenue, Okeechobee, Florida Parcel: 3-22-37-35-0260-00000-0010 Dear Alan, JFO Group, Inc. has been retained to perform a traffic analysis to Okeechobee County - Transportation Concurrency Requirements Okeechobee County Code of Ordinances. This traffic statement is associated with the Site Plan application for the 100 SE 8th Avenue property. The ±0.61 -acre site is located at the southwest corner of SR -70 and SE 81h Avenue in Okeechobee County, Florida. Parcel Number associated with this project is 3- 22-37-35-0260-00000-0010. Figure 1 shows an aerial view of the project location in relation to the transportation network. Exhibit 1 includes the property record summary from the Okeechobee County Property Appraiser's office, while Exhibit 2 includes a copy of a preliminary site plan for the project. There are two (2) existing buildings on site that will be replaced with a 912 Square Feet Fast Food Restaurant with a Drive - Through Window. One (1) of the existing buildings is a 970 Square Feet Small Office Building and the other is a 1,296 Square Feet Retail Building. Table 1: Trip Generation Rates Ri determine compliance with the Article V, Section 5.05.00 of the Figure 1 : Project Location Land Use ITE Code Daily AM Peak Hour PM Peak Hour In Out Total In Out Total Small Office Building 712 16.19 83% 18% 1.92 32% 68% 2.45 Retail 820 37.75 62% 38% 0.94 48% 52% 3.81 Fast Food Restaurant with Drive -Through Window 934 j 470.95 j 51% j 49% 1 40.19 1 52% 48% 1 32.67 Project trip generation rates were based on the Institute of Transportation Engineers Trip Generation Handbook, 10th Edition. Table 1 includes trip generation rates for Daily, AM and PM peak hour for existing and proposed conditions while Table 2 includes the trip generation for the proposed project for Daily, AM and PM peak hour conditions. According to Table 2, the net Daily, AM and PM peak hour trips potentially generated due to the planned development are 171, 16 and 10 trips respectively. 2018-01-29 Okeechobee Checkers _Traffic Statement_ 1005.03 Page I of 2 11924 Forest Hill Boulevard, Suite 10A-123 • Wellington, Florida 33414 T: ( 5 6 1 ) 512-7556 a F: ( 5 6 1 ) 423-2345 info@jfogroupinc.com Table 2: Trip Generation - Existing Vs Proposed Land Use Intensity Daily Traffic AM Peak Hour PM Peak Hour In Out Total In Out Total Small Office Building 970 SF 16 2 0 2 1 1 2 Retail 1,296 SF 49 1 0 1 2 3 5 E 65 3 0 3 3 4 7 Pass -By Retail 34.00% 17 - - - 1 1 2 Net Existing Traffic 48 3 0 3 2 3 5 Land Use Intensity Daily Traffic AM Peak Hour PM Peak Hour In Out Total In Out Total Fast Food Restaurant with Drive -Through Window 912 SF 430 19 18 37 16 14 30 Pass -By Fast Food Restaurant with Drive -Through Window 49.00% 211 9 9 18 8 7 15 Net Proposed Traffic 219 10 9 19 8 7 15 Net Traffic 171 7 9 76 6 4 10 The proposed Okeechobee Checkers development to be located at 100 SE 8th Avenue, Okeechobee, Florida has been evaluated following the Okeechobee County - Transportation Concurrency Requirements - Article V, Section 5.05.00 of the Okeechobee County Code of Ordinances. This analysis shows that the proposed development will generate less than 100 two-way peak hour trips where all links would be impacted with less than 30 peak -hour two-way trips. Therefore, the proposed development will be in compliance with Okeechobee County - Transportation Concurrency Requirements - Article V, Section 5.05.00 of the Okeechobee County Code of Ordinances and does not require a traffic study. Sincerely, JFO GROUP, INC COA Number 32276 \\\`�ttt tirrri,i P �` �J, •��CENSF' �i9�� No.63422 _ * :Digitally signed by Juan F Ortega 'Q ;Date: 2018.01.2908:25:16 :05'00' O STATE OF FCORIDP.•' N /11111110\\\NAL �.. Enclosures: Exhibit 1: Property Appraiser Exhibit 2: Preliminary Site Plan Exhibit 3: Trip Generation Rates 2018-01-29 Okeechobee Checkers _Trafric Statement_] 005.03 Page 2 of 2 11924 Forest Hill Boulevard, Suite 10A-123 • Wellington, Florida 33414 T: ( 5 6 1 ) 512-7556 a F: ( 5 6 1 ) 423-2345 e info@jfogroupInc.com ---------------------------------------------------------------------------------------------------------------------------------- TAYLOR CREEK MANOR (PLAT BOOK WINDHAM CARL LEE JR 3-22-37-35-0260-00000-0010 Okeechobee County 2017 R 3 PAGE 4) LOTS 1, 2 & 3 LESS P O BOX 2743 CARD 001 of 002 ROAD R/W TALLAHASSEE, FL 32316-0000 PRINTED 10/05/2017 11:57 BY STAR APPR 11/19/2015 RA ---------------------------------------------------------------------------------------------------------------------------------- BUSE 004101 STORE LC AE? N 681 HTD AREA 133.182 INDEX 518635.00 E PARK2 RR PUSE 001100 STORES/1 STORY MOD 4 COMMERCIAL BATH 1.00 898 EFF AREA 52.127 E -RATE 100.000 INDX STR 22- 37- 35 EXW 13 CBS FIXT 2 46,810 RCN 1979 AYB MKT AREA 570 53,244 BLDG % BDRM 50.00 %GOOD 23,405 B BLDG VAL 1979 EYB EXAG 9,191 XFOB RSTR 02 GABLE/HIP RMS ------------------------------------------------- AC .608 120,409 LAND RCVR 04 SHNG ASP UNTS 1 #FIELD CK: 11/19/2015 RA # NTCD 0 CLAS % C -W% #LOC: 100 SE 8TH AVE OKEECHOBEE # APPR CD 0 MKTUSE INTW 08 DRYWALL HGHT 10 # # CNDO 182,844 JUST % PMTR 144 # +------17-----+------------31-----------+ # SUBD 182,844 APPR FLOR 15 CERAM TIL STYS 1.0 # IUST2003 IBAS1993 I # BLK % ECON 20.00 # I I I # LOT 0 SOHD HTTP 04 AIR DUCTED FUNC # I 1 I # MAP# 182,844 ASSD A/C 03 CENTRAL SPCD PD 50.00 # I 5 I # 0 EXPT* QUAL 02 BELOW AVG. DEPR 14 # 2 I 2 # TXDT 050 182,844 COTXBL FNDN HURR # 4 I 4 # 182,844 CITXBL 182,844 OTTXBL SIZE ALL UD -2 # I +--7--+ I #-------------- BLDG TRAVERSE------------- CEIL ELEC 03 AVERG # I 9 I # BAS1993=W31 UST2003=W17 S24 BCA1993= S03 ARCH FRNT O1 # I I I # E48 NO3 W48 $ E24N09W7 N15$S15 E7 S9 E24 FRME 03 MASONRY UD -5 # +-------------------48------------------+ # N24$. KTCH DOOR # IBCA1993 I # WNDOUD -7 # +-------------------48------------------+ # CLAS UD -8 # # OCC UD -9 # # COND % # #----------------- PERMITS ----------------- SUB A -AREA % E -AREA SUB VALUE # # NUMBER DESC AMT ISSUED BAS93 681 100 681 17749 # # UST03 471 40 188 4900 # # ECA93 144 20 29 756 # #------------------ SALE ------------------ # # BOOK PAGE DATE PRICE # # 365 691 2/01/1995 U I # # GRANTOR # # GRANTEE WINDHAM CARL LEE JR # # 238 1825 12/01/1980 Q I 54000 # # GRANTOR TOTAL 1296 898 23405 ------------------------------------------------- GRANTEE WINDHAM CARL LEE JR -------EXTRA FEATURES--------------------------------- FIELD CK: 11/19/2015 RA ------------------------------------------- AE BN CODE DESC LEN WID HGHT QTY QL YR ADJ UNITS UT PRICE ADJ UT PR SPCD % %GOOD XFOB VALUE N ASPH 2 COM SLB WLK 1 2008 1.00 5036.000 SF 2.000 2.000 PD 70.00 70.00 7,050 N CONC B COM SLB WLK 1 1973 1.00 505.000 SF 2.280 2.280 PD 50.00 50.00 576 N FENC P 611/2"PINE 1 1999 1.00 32.000 LF 5.700 5.700 PD 50.00 50.00 91 N CONC I BUMPERS 1 2006 1.00 4.000 UT 13.800 13.800 PD 80.00 80.00 44 N CONC B COM SLB WLK 28 22 1 2015 1.00 627.000 SF 2.280 2.280 PD 100.00 100.00 1,430 ---------------------------------------------------------------------------------------------------------------------------------- LAND DESC ZONE ROAD DEN (UD3 FRONT DEPTH FIELD CK: AE CODE TOPO UTIL YRPL JUD4 BACK DT ADJUSTMENTS UNITS UT PRICE ADJ UT PR LAND VALUE N 067EPA E CRK-CTY 1.00 1.00 1.00 1.00 26522.000 SF 4.540 4.54 120,409 PRCL - FRAME (MASONRY- 03) ADDED FOR '05 ON BOTH BLDGS PRCL - SD 6-9-05 Exhibit 1 Page 1 of 2 ---------------------------------------------------------------------------------------------------------------------------------- TAYLOR CREEK MANOR (PLAT BOOK WINDHAM CARL LEE JR 3-22-37-35-0260-00000-0010 Okeechobee County 2017 R 3 PAGE 4) LOTS 1, 2 & 3 LESS P O BOX 2743 CARD 002 of 002 ROAD R/W TALLAHASSEE, FL 32316-0000 PRINTED 10/05/2017 11:57 BY STAR APPR 11/19/2015 RA ---------------------------------------------------------------------------------------------------------------------------------- BUSE 003800 NBHD CENTR AE? N 850 HTD AREA 118.384 INDEX 518635.00 E PARK2 RR PUSE 001100 STORES/1 STORY MOD 4 COMMERCIAL BATH 2.00 874 EFF AREA 48.773 E -RATE 100.000 INDX STR 22- 37- 35 EXW 13 CBS FIXT 4 42,628 RCN 1982 AYB MKT AREA 570 53,244 BLDG % BDRM 70.00 %GOOD 29,839 B BLDG VAL 1982 EYB EXAG 9,191 XFOB RSTR 02 GABLE/HIP RMS ------------------------------------------------- AC .608 120,409 LAND RCVR 04 SHNG ASP UMTS 1 #FIELD CK: 4/09/2014 RA # NTCD 0 CLAS % C -W% #LOC: 100 SE STH AVE OKEECHOBEE # APPR CD 0 MKTUSE INTW 08 DRYWALL HGHT 10 # # CNDO 182,844 JUST % PMTR 116 # # SUBD 182,844 APPR FLOR 05 ASP TL CC STYS 1.0 # # ELK % ECON # # LOT 0 SOHD HTTP 04 AIR DUCTED FUNC # # MAP# 182,844 ASSD A/C 03 CENTRAL SPCD PD 70.00 # # 0 EXPT* QUAL 02 BELOW AVG. DEPR 14 # # TXDT 050 182,844 COTXBL FNDN HURR # # 182,844 CITXBL 182,844 OTTXBL SIZE ALL UD -2 # # -------------- BLDG TRAVERSE------------- CEIL ELEC 03 AVERG # # BCA1993=120$ BAS1993=490$ BAS2010=360$ ARCH FRNT O1 # # FRME 03 MASONRY UD -5 # # KTCH DOOR # # WNDO UD -7 # # CLAS UD -8 # # OCC UD -9 # # COND % # #----------------- PERMITS ----------------- SUB A -AREA % E -AREA SUB VALUE # # NUMBER DESC AMT ISSUED BCA93 120 20 24 819 # # BAS93 490 100 490 16729 # # BAS10 360 100 360 12291 # # ------------------ SALE ------------------ # # BOOK PAGE DATE PRICE # # 80 875 4/13/1964 Q V # # GRANTOR WARD EDNA # # GRANTEE WARD J H # # # # GRANTOR TOTAL 970 874 29839 ------------------------------------------------- GRANTEE -------EXTRA FEATURES--------------------------------- FIELD CK: ------------------------------------------- AE BN CODE DESC LEN WID HGHT QTY QL YR ADJ UNITS UT PRICE ADJ UT PR SPCD % °%GOOD XFOB VALUE ---------------------------------------------------------------------------------------------------------------------------------- LAND DESC ZONE ROAD DEN JUD3 FRONT DEPTH FIELD CK: AE CODE TOPO UTIL YRPL JUD4 BACK DT ADJUSTMENTS UNITS UT PRICE ADJ UT PR LAND VALUE B002 - NEW A/C 2013 Exhibit 1 Page 2 of 2 LOCATION MAP 0 SITE DATA T2 [DRAFT �5r w4!4M.54,��, ® 4 4 CWeICIKM STATE ROAD 70 < T R o > _j O IIEG L!. 1. D A z It U 0 T SHEET: C-2 Exhibit 2 This Page Intentionally Left Blank Land Use: 712 Small Office Building Description A small office building houses a single tenant and is less than or equal to 5,000 gross square feet in size. It is a location where affairs of a business, commercial or industrial organization, or professional person or firm are conducted. General office building (Land Use 710) is a related use. Additional Data Time -of -day distribution data for this land use are presented in Appendix A. For the 18 general urban/ suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 11:30 a.m. and 12:30 p.m. and 5:00 and 6:00 p.m., respectively. The sites were surveyed in the 1980s and the 2010s in Alberta (CAN), Texas, and Wisconsin. Source Numbers 890, 891, 959, 976 �.� Trip Generation Manual 10th Edition • Volume 2: Data • Office (Land Uses 700-799) 93 Exhibit 3 Page 1 of 15 Small Office Building (712) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 17 1000 Sq. Ft. GFA: 2 Directional Distribution: 50% entering, 50% exitinq Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 16.19 4.44 - 50.91 11.03 Data Plot and Equation 200 150 w C W a F n F- 100 5C X X X >SC _ - - XX X "_X X X X X X XX i 4 X = 1000 Sq. Ft. GFA X Study Site - - - - Average Rate Fitted Curve Equation: Not Given R' ". 94 Trip Generation Manual 10th Edition • Volume 2: Data • Office (Land Uses 700-799) Exhibit 3 Page 2 of 15 Small Office Building (712) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 17 1000 Sq. Ft. GFA: 2 Directional Distribution: 83% entering, 18% exiting irehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 1.92 0.78-4.12 0.97 Data Plot and Equation F I F 15 X X X" X X X X X X X X X X = 1000 Sq. Ft. GFA X Study Site - - - - Average Rate Fitted Curve Equation: Not Given R'= 31 4 W� Trip Generation Manual 10th Edition • Volume 2: Data • Office (Land Uses 700-799) 95 Exhibit 3 Page 3 of 15 96 Small Office Building (712) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 17 1000 Sq. Ft. GFA: 3 Directional Distribution: 32% entering, 68% exiting ehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 2.45 0.56-5.50 1.38 Data Plot and Equation r4' XI X X X X X X X X-" X X X X X X X X t 2 3 4 5 X = 1000 Sq. Ft. GFA X Study Site Fitted Curve Equation: Not Given Trip Generation Manual 10th Edition • Volume 2: Data • Office (Land Uses 700-799) - - - - Average Rate Rz= .— Exhibit 3 Page 4 of 15 Land Use: 820 Shopping Center Description A shopping center is an integrated group of commercial establishments that is planned, developed, owned, and managed as a unit. A shopping center's composition is related to its market area in terms of size, location, and type of store. A shopping center also provides on-site parking facilities sufficient to serve its own parking demands. Factory outlet center (Land Use 823) is a related use. Additional Data Shopping centers, including neighborhood centers, community centers, regional centers, and super regional centers, were surveyed for this land use. Some of these centers contained non -merchandising facilities, such as office buildings, movie theaters, restaurants, post offices, banks, health clubs, and recreational facilities (for example, ice skating rinks or indoor miniature golf courses). Many shopping centers, in addition to the integrated unit of shops in one building or enclosed around a mall, include outparcels (peripheral buildings or pads located on the perimeter of the center adjacent to the streets and major access points). These buildings are typically drive-in banks, retail stores, restaurants, or small offices. Although the data herein do not indicate which of the centers studied included peripheral buildings, it can be assumed that some of the data show their effect. The vehicle trips generated at a shopping center are based upon the total GLA of the center. In cases of smaller centers without an enclosed mall or peripheral buildings, the GLA could be the same as the gross floor area of the building. Time -of -day distribution data for this land use are presented in Appendix A. For the 10 general urban/ suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 11:45 a.m. and 12:45 p.m. and 12:15 and 1:15 p.m., respectively. The average numbers of person trips per vehicle trip at the 27 general urban/suburban sites at which both person trip and vehicle trip data were collected were as follows: • 1.31 during Weekday, AM Peak Hour of Generator • 1.43 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 4 and 6 p.m. • 1.46 during Weekday, PM Peak Hour of Generator The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in Alberta (CAN), British Columbia (CAN), California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, and Wisconsin. Source Numbers 105, 110, 154, 156, 159, 186, 190, 198, 199, 202, 204, 211, 213, 239, 251, 259, 260, 269, 294, 295, 299, 300, 301, 304, 305, 307, 308, 309, 310, 311, 314, 315, 316, 317, 319, 358, 365, 376, 385, 390, 400, 404, 414, 420, 423, 428, 437, 440, 442, 444, 446, 507, 562, 580, 598, 629, 658, 702, 715, 728, 868, 870, 871, 880, 899, 908, 912, 915, 926, 936, 944, 946, 960, 961, 962, 973, 974, 978 Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) 137 Exhibit 3 Page 5 of 15 138 Shopping Center (820) Vehicle Trip Ends vs: 1000 Sq. Ft. GLA On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 147 1000 Sq. Ft. GIA: 453 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GLA Average Rate Range of Rates Standard Deviation 37.75 7.42 - 207.98 16.41 Data Plot and Equation 60,00 50,0 N w 40,00 d F 30,00 20,0 10,00 X 0 X 00 X oX X X X X X x 0 XX X X X"1 XX X XX X X X X X " X' X X X" X XX X Xx X XXX X X X XX X 0X X X #%>�� X X ,'�X X X X X X X 0 0 500 1,000 1,500 X = 1000 Sq. Ft. GLA X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation: Ln(T) = 0.68 Ln(X) + 5.57 R== 0.76 Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) Exhibit 3 Page 6of15 Shopping Center (820) Vehicle Trip Ends vs: 1000 Sq. Ft. GLA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 84 1000 Sq. Ft. GLA: 351 Directional Distribution: 62% entering, 38% exiting Vehicle Trip Generation per 1000 Sq. Ft. GLA Average Rate Range of Rates Standard Deviation 0.94 0.18-23.74 0.87 Data Plot and Equation i� N c 1•J W a F- 100 0 ,X' X X X >4C.' X X X ' X {X XX XX X x �,X'X' X XX X X X XXX X Av X X X X bou X = 1000 Sq. Ft GLA X Study Site Fitted Curve Fitted Curve Equation: T = 0.50(X) + 151.78 I,uuu - - - - Average Rate RT= 0.50 W37, Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) 139 Exhibit 3 Page 7 of 15 140 Shopping Center (820) Vehicle Trip Ends vs: 1000 Sq. Ft. GLA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 261 1000 Sq. Ft. GLA: 327 Directional Distribution: 48% entering, 52% exiting Vehicle Trip Generation per 1000 Sq. Ft. GLA Average Rate Range of Rates Standard Deviation 3.81 0.74-18.69 2.04 Data Plot and Equation 8.000 6,000 W a H h 4,000 2,000 0 X X X X X X XC XX X X X Y- X X X X X XX X X X X ,� x X X XX X X X X X X XX 0 500 1,000 1,500 2,000 X = 1000 Sq. Ft. GLA X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation: Ln(T) = 0.74 Ln(X) + 2.89 R'= 0.82 Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) XI Ku Exhibit 3 Page 8 of 15 Table E.9 (Cont'd) Pass -By and Non -Pass -By Trips Weekday, PM Peak Period Land Use Code 820—Shopping Center SIZE - NON•PASSZYTRIP ) . ;AOJ.S7RffT -AVERAGE, NON-0ASS43YTRIP(X) ADJ.STREET. AVERAGE -WO(DXY .(1.00050. PASS8Y. ..PEAK HOURI Ill,.- NO. OF ..: LOCATION PABSBY.. k1TERWEWS TIME PERICO TRIP ('A) PRIMARY I DIVERTED TOTAL �Yd.UBE �= .PEAK HOUR ` 24HOUR, 237 Fr. GLA) LOCATION � SURVEYDATE INTERVIEYYS TIME PERIOD TRIP (%) PRIMARY; DIVERTED TOTAL VOWME -.TRAFFIC ,.SOURCE 921 I Albany, NYI Ju 196 4.00-6.00 P.m. 23 42 35 77 — 60,950 Raymond Keyes Pdslnwgh, PA INInt.1988189— I400�:OO p.m. 1985 150 PoMand.OR 519 14:00-8:00 P m. 68 8 28 ]2 — 25.000 AsKift-te ,s ISO Panand.OR As— lag 0 -dad Pare, KS July 1988 111 4 30-5:30 P m. 26 at 13 74 — 34,000 — lie I Overbid Pare, KS Aug. 1988 123 430-6:30 p.m. 25- M 28 41 67 — 48,782 Re b 256 Greece. NY June 1988 120 4:00-690 p m. 38 62 — 82 — 23.410 Sear Bio wn 160 Greece. NY June 1988 7B 4 00.690 P m. 29 71 — 71 — 57.306 Sex Bill 550 Greece. NY June 1988 117 400 -GIMP., 46 52 — 52 — 40.763 Sex 8mwn Kanley-Hom and 51 11—Relon. FL 0ec.1987 110 4:00-6 DO p.m. 33 34 33 67 — 42,225 Assoc Inc Wilbur Smith and 1.090 Ross Twp, PA July 1989 411 2.00-8.00 p.m. 34 66 t0 66 — 51,500 Assoc. 97 UppetPDuh'r1 Wader 198899 -- — 4:00-6.00 p.m. 41 — _ 59 — 34,000 McMahon T.I Associates Booz Aden&Mam8lon 118 I TmdyRN Twp. PA W4dH 798899 — 4:00-8.00 p. m. 24 — — 76 — 10.000 122 Lawnsde, N J 998 Wider 1/89 — 4:00-6: p m. 37 — — 63 — 20,000 P_00 Associates 126 Boca Raton. FL Wnler 199890 — 4:00.690 p m 43 — � — 57 — 40.000 Associates ISO VAI— Grove. PA V*der 198&89 — 400-990 p m. 39 — — 81 j _ 2G.000 Booz Men 6 MamTlon 153 1113 d Cnty. FL Wader 1989189 — 4.004.00 p.m. 50 — — 50 — 85,000 McMahon Melstea Ot..... 153 Arden. DE —1.1'1111-9 — 400-6'OO p.m ]0 — — � 70 ' — 28000 Assoc trrc. ISA Doylestown. PA W.1. Isaalso — 4.00.9.06 p m. 32 — — 60 — 29.000 1110 Rod 6 d 164 Middletown W.I. 198899 — 4.00-6:00 p.m. 33 — I — 67 — 25.000 Soo. Anon e Tw Up. PA Hamilton 169 Haddon Twp.NJ WAter 198999 — 4:00-B:OO Pm 20 — — 50 — 6.000 Pennoni Associates 205 Ein-rd Cory_ FL NyiJer 198&89 — 4.00-600 p m. 55 — — 45 — 82.000 Asaociatos socipt. Table E.9 (Cont'd) Pass -By and Non -Pass -By Trips Weekday, PM Peak Period Land Use Code 820—Shopping Center . - NON•PASSZYTRIP ) . ;AOJ.S7RffT -AVERAGE, Amill.000� -WO(DXY `. NO.OF '.. PASS8Y. ..PEAK HOURI .ba•HOIIR." '1 '.- 60.FLG LOCATION SURVEY OAIE k1TERWEWS TIME PERICO TRIP ('A) PRIMARY I DIVERTED TOTAL �Yd.UBE �= 'TRAFFIC: +SOURCE' 237 W� ds MSnter 198899 — 400-B:OO Pm 48 .—._ — 52 48.000 �aalend Hall W' 1OY° —. _— Mcwhon 242 � VAntor 199899 ! — 490-.00 p.m. , 37 — 6.i — 26.01)0j Associates; 297 Witehan. PA I VKmer 196899 — 4.00-8:00 p.m 33 — — 67 — 28.000 C"" ssoc Nie I 360 Brow.,d Croy.. FL VYSnler 195"9 — 4.00-B:CO P.m. 44 — — 56 — 7].000 McMahon Associates ]70 Pdslnwgh, PA INInt.1988189— I400�:OO p.m. 19 — — at — 33,000 WIDur Smith 150 PoMand.OR 519 14:00-8:00 P m. 68 8 28 ]2 — 25.000 AsKift-te ,s ISO Panand.OR __, — 855 400-6.00 p.mCRY .� Kdtelson and 65 7 28 35 — ]0,000 Ayy�ataa 760 Ca19ary.hDena Oa -0ae 1887 15.438 49":00 P.m, of 20 39 41 80 Ca194ry DOT 176 8-%—'�— Nl Ap 1969 154 2:00-0:OO p.m.I 85 — 37,980 i9fn � . 1M ]5 —EF24 ManabOan, NJ JOy 19W 176 13-30-6:15 p.m. Raymond i 32 N 68 — 69,]47 i Keyes 0.ssoc. ,I Sl9 Natick. MA F& 1989 — 4:45-5:45 P.m M 28 41 67 — 48,782 Re b Average Pass -By Trip Percentage: 34 —" means no data were provided 190 Trip Generation Handbook, 3rd Edition Exhibit 3 Page 9 of 15 Land Use: 934 Fast -Food Restaurant with Drive -Through Window Description This category includes fast-food restaurants with drive-through windows. This type of restaurant is characterized by a large drive-through clientele, long hours of service (some are open for breakfast, all are open for lunch and dinner, some are open late at night or 24 hours a day) and high turnover rates for eat -in customers. These limited -service eating establishments do not provide table service. Non -drive-through patrons generally order at a cash register and pay before they eat. Fast casual restaurant (Land Use 930), high -turnover (sit-down) restaurant (Land Use 932), fast-food restaurant without drive-through window (Land Use 933), and fast-food restaurant with drive-through window and no indoor seating (Land Use 935) are related uses. Additional Data Users should exercise caution when applying statistics during the AM peak periods, as the sites contained in the database for this land use may or may not be open for breakfast. In cases where it was confirmed that the sites were not open for breakfast, data for the AM peak hour of the adjacent street traffic were removed from the database. The outdoor seating area is not included in the overall gross floor area. Therefore, the number of seats may be a more reliable independent variable on which to establish trip generation rates for facilities having significant outdoor seating. Time -of -day distribution data for this land use for a weekday, Saturday, and Sunday are presented in Appendix A. For the 46 general urban/suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 11:45 a.m. and 12:45 p.m. and 12:00 and 1:00 p.m., respectively. For the one dense multi -use urban site with data, the same AM and PM peak hours were observed. The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in Alaska, Alberta (CAN), California, Colorado, Florida, Indiana, Kentucky, Maryland, Massachusetts, Minnesota, Montana, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Dakota, Texas, Vermont, Virginia, Washington, and Wisconsin. Source Numbers 163, 164, 168, 180, 181, 241, 245, 278, 294, 300, 301, 319, 338, 340, 342, 358, 389, 438, 502, 552, 577, 583, 584, 617, 640, 641, 704, 715, 728, 810, 866, 867, 869, 885, 886, 927, 935, 962, 977 156 Trip Generation Manual 10th Edition - Volume 2: Data - Services (Land Uses 900-999), Exhibit 3 Page 10 of 15 Fast -Food Restaurant with Drive -Through Window (934) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday Setting/Location: Number of Studies: 1000 Sq. Ft. GFA: Directional Distribution: General Urban/Suburban 67 3 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates 470.95 98.89 - 1137.66 Data Plot and Equation Standard Deviation 244.44 {�� Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 157 Exhibit 3 Page 11 of 15 158 Fast -Food Restaurant with Drive -Through Window (934) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 111 1000 Sq. Ft. GFA 4 Directional Distribution: 51% entering, 49% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 40.19 0.38 - 164.25 28.78 Data Plot and Equation 500 400 I v w F 300 it 200 100 X X X X XX X X X X ' X X X X XX X X XXX X X X X X X XX X,- X X X xxX' � X X X X # - X X C X X X - XX -XX AX X 6 --XXX XX XX SCC x -XXX X # X X ,. X X X XX 4 6 X= 1000 Sq. FL GFA X Study Site Fitted Curve Equation: Not Given - - - - Average Rate R:= .... Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) Exhibit 3 Page 12 of 15 Fast -Food Restaurant with Drive -Through Window (934) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 185 1000 Sq. Ft. GFA: 3 Directional Distribution: 52% entering, 48% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 32.67 8.17 - 117.22 17.87 Data Plot and Equation W M P u KI X 300 X X X X X X XXX X 200 X XX X X X XC X '�` , - X X" X X XX XX XX XXX-� SIE C XX X X 100 X if1XXWX �' X XX �X XX ,rX X X ,X X >4C X XX XX X 00 2 4 6 8 X Study Site Fitted Curve Equation: Not Given X= 1000 Sq. Ft GFA - - - - Average Rate R:= .... KU, Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 159 Exhibit 3 Page 13 of 15 Table E.31 Pass -By and Non -Pass -By Trips Weekday, AM Peak Period Land Use Code 934—Fast-Food Restaurant with Drive -Through Window Average Pass -By Trip Percentage: 49 —" means no data were provided Appendix E: Database on Pass -By. Diverted, and Primary Trips 213 Exhibit 3 Page 14 of 15 SME(1= WEEKDAY NON+ASS$Y TR9'S (%) AEU.STREET i SO. FT. SURVEY NO. Of PASS43Y PVOLHOUR SEATS DFA) LOCATION DATE INTERVIEWS TME PERIOD TRIP(%) PRIMARY OrVERTED TOTAL VOLUME SOURCE j Cnrayo subunit, ! ! Kent'. O'Hara, — <5 1l 1987 84 7:00-900 a.m M — ! — `� — Humes. Rork B8rtomAstllman 68 14 Laasv3. area. KY I 1993--- 700-900a m. 62 22 16 38 1.407 Assoc Sartan�Ascbman 100 36 L.—We. KY 1993 — 7:00-9:00 a m- 32 47 21 68 437 ,, Assoc. - Berbn�Ascnmsn 67 4.2 N—Albary. �N il 1993 — 7:00-900 am. 4 223 31 54 1.049 Assoc 150 3. ! L -.-I a area, KY i _ 1993 — 7.00.9 00 a m 43 I 14 43 57 2.803 Sano man — 33 vanes 1996 — 600-9004m 88 — — 32 — Orade Engmeenng Average Pass -By Trip Percentage: 49 —" means no data were provided Appendix E: Database on Pass -By. Diverted, and Primary Trips 213 Exhibit 3 Page 14 of 15 Table E.32 Pass -By and Non -Pass -By Trips Weekday, PM Peak Period Land Use Code 934—Fast-Food Restaurant with Drive -Through Window 'Average of several combined studies. Average Pass -By Trip Percentage: 50 means no data were provided 214 Trip Generation Handbook, 3rd Edition W=— Exhibit 3 Page 15 of 15 SIZE - ADJ. (1,000 PASS NON -PASS -BY TRIPS (Y.) STREET so. WEEKDAY BY PEAK FT. SURVEY NO.OF TRIP HOUR PRIMARY CIVERTED TOTAL SEATS GFA) LOCATION DATE INTERVIEWS TIMEPERIOD N VOLUME SOURCE — -2.6 M. S1 Paul. MN 1987 50 3:OO-7:00 P m. 25 27 48 75 — — — <50 Ch"tegp 1987 80 300-'00pm 38 — — 62 — Kenig. O'Hara, suburbs. IL Hume,. Flock — <5.0 N --n. 1967 100 3.00-8:00 P m. 55 — — 45 — Kenip. O'Hara. suburbs. IL Humes, Flock — c5.0 Chicago 1987 159 3.00-6 OD P m 56 — — µ — Kenig, 0 Hara. suburbs, IL Humes, Flock — <5.0 Ch"ge 1987 225 3 00-00 P m 48 — — 62 — Kervq, 0 Ha.. suburbs. IL Humes, Flock — u50 Cmcago 1987 83 306-:00pm 35 — — 65 — Keng.OHara, suburbs, IL Humes. Flock — c5.0 Ch -"1967 83 3.00 -:OO p.m as — — 56 — KeNg. O'Hara . bu surb,. IL Humes. Flock Banpn- 88 1.3 lousW4f 1993 — 4.00-8:00pm 68 22 10 J2 2,055 Asrtlman area. KY As Lcu:s 1z San— 120 1 9 arca. KY 1993 33 4.00-0.00 p m 57 24 9 33 2.x47 Asci n A5 Baron 67 42 New Albany, 1993 — 400 -OO P.m 56 25 19 44 1.632 Asdnan IN Assoc Barron. 150 ISO 3.0 1993 — 4:00-600 P m31 31 38 69 4.250 Asch:run area. KY A—. — 31 Kos FL ee. 1995 28 200-600Pm 71 — — 29 — TPD Inc — 31 Apopka. FL 19% 29 2 00- CO P m 38 — — 62 — TPD Inc — 2.8 W:rngs. 1995 47 - 2.00O0 P_m 66 — — 34 — TPD Inc Spgs. FL — 4.3 Lon 1995 304 2:00-00 P.m 62 — — 38 — TPD Inc Fgwood, Ah an.e — 32 1 1996 202 200-.00 p m 40 39 21 60 — TPD Inc. Springs. FL venter Park. — 2.9 1996 271 100-'00pm Al Al 18 59 — TPD Inc. FL i Oracle — 3.3' S ral 1906 rer:es 4SA-BOOP-m 02 — — 38 — j En9inearing 'Average of several combined studies. Average Pass -By Trip Percentage: 50 means no data were provided 214 Trip Generation Handbook, 3rd Edition W=— Exhibit 3 Page 15 of 15 0 20 40' GRAPHIC SCA 1"=201 le, ME�0 947 Clint Moore Road SURVEYING & MAPPING Tel: (561) 241-9988 Bow Raton, Fbrida. 33487 Certificate of Authorization No. LB7264 Fax: (561) 241-5182 CHECKERS OKEECHOBEE ALTAINSPS LAND TITLE SURVEY DATE LEGAL DESCRIPTION Lots 1. 2 and 3, TAYLOR CREEK MANOR• a subdivision according to the plot thereof recorded in Plat Book 3, Page 4, of the public records of Okeechobee County. Florida, LESS and EXCEPT right of way for State Road 70, and land described in Official Records Book 217, Page 175 of the public records of Okeechobee County. Florida. NOTES I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. TITLE INFORMATION IS SHOWN ON THIS PAGE. 3. BEARINGS SHOWN HEREON ARE BASED ON THE STATE PLANE COORDINATE SYSTEM. BASED ON OBSERVATIONS OF NGS MONUMENTS V-528 AND 0-22. 4. ELEVATIONS SHOWN HEREON ARE BASED ON NGS BENCHMARK V-520 HAVING AN ELEVATION OF 25.13' NAVD 1988. 5. UTILITIES SHOWN ON THIS SURVEY AS PER TABLE A, ITEM 11 ARE FROM OBSERVED EVIDENCE ONLY. 6. THE SURVEYED PROPERTY CONTAINS 8 REGULAR PARKING SPACES AND 1 HANDICAP SPACE. 7. PROPERTY ADDRESS IS- 100 SE 8TH AVENUE. OKEECHOBEE. FLORIDA 34974. 8. PROPERTY CONAINS 27981 SQUARE FEET (0.642 ACRES) MORE OR LESS. 9. THE SIGNIFICANCE OF THE GOVERNMENT R/W OF TAYLOR CREEK, AS REFLECTED ON THE PLAT OF TAYLOR CREEK MANOR IS NOT KNOWN. TITLE INFORMATION TITLE COMMITMENT • FL72216-1713764 PREPARED BY ALLIANT NATIONAL TITLE INSURANCE COMPANY EFFECTIVE DATE+ NOVEMBER 7, 2017 a 6+00 AM BOOK, PAGE DESCRIPTION APPLIES?PLOTTED? 8 PB 3 PG 4 PLAT YES YES 9 ORB 246 PG 897 UTILITY EASEMENT YES YES FLOOD INFORMATION COMMUNITY NUMBER 120178 PANEL NUMBER 12093CO480C DATE OF FIRM + 07-16-2015 ZONE + X, AE BASE FLOOD ELEV + 16.2' LEGEND ® STORM MANHOLE © CONC. UTILITY POLE ® WOOD UTILITY POLE El ELECTRIC HANDHOLE ® WATER METER 04 WATER VALVE FIRE HYDRANT xj LIGHT POLE L-1 BACK FLOW PREVENTOR ® CATCH BASIN QS SANITARY MANHOLE SIGN Q TRAFFIC SIGNAL BOX ® FPL MANHOLE ---- -------- OVERHEAD UTILITY LINE " FENCE C----- ANCHOR ABBREVIATIONS L ARCLENGTH ASPH ASPHALT (C) - CALCULATED CBG CURB AND GUTTER CB CATCH BASIN C.L.F. CHAIN LINK FENCE CONC. CONCRETE COR. CORNER D DELTA (CENTRAL ANGLE) (D) DEED 0. E. DRAINAGE EASEMENT I.R. - IRON ROD I.R.C. IRON ROD AND CAP L.B. - LICENSED BUSINESS L. S. - LICENSED SURVEYOR (M) MEASURED MON. - MONUMENT N/D - NAIL AND DISK O.R.B. OFFICIAL RECORDS BOOK 0/S OFFSET (P) PLAT P.B. PLAT BOOK O.C.R. OKEECHOBEE COUNTY RECORDS PG. PAGE P.S.M. PROFESSIONAL SURVEYOR 8 MAPPER R.C.P. REINFORCED CONCRETE PIPE R/W RIGHT-OF-WAY U.E. UTILITY EASEMENT SURVEYOR'S CERTIFICATION T0+ NYLV INVESTORS. LLC THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA MSPS LAND TITLE SURVEYS. JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS. AND INCLUDES ITEMS 1.2.3.4.7A,8,9.11. 13.16• AND 17 OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED ON DECEMBER 19. 2017. ____________ JEFF S. HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS5111 REVISIONS: FB/PG JOB NO. 17186 SCALE 1'•20' DRAWN JSH .... -.- TP SEAL I SHEET 1 OF 1 W F USE: RIVER RUN RESORT (RESIDENTIAL) LAND USE COMMERCIAL ZONING: HEAVYCOMMERCIAL G tCIAL) LEGEND AC- = ACRES D.E = DRAINAGE EASEMENT DRO= DEVELOPMENT REVIEW OFFICERS D.U. = DWEWNG UNITS EX. = EXISTING FLU = FUTURE LAND USE LAE = LIMITED ACCESS EASEMENT LM.E. = LAKE MAINTENANCE EASEMENT OHME = OVERHANG/MAINTENANCE EASEMENT O.R.B. = OFFICIAL RECORD BOOK P.B. = PLAT BOOK PDR = PROPERTY DEVELOPMENT REGULATIONS PG. = PAGE R = RADIUS R.O.W. = RIGHT -OF WAY R/W = RIGHT-OF-WAY S.F. = SQUARE FEET TYP = TYPICAL LLF = UTILITY EASEMENT ULDC = UNIFIED LAND DEVELOPMENT CODE WWFFHH WORKFORCE HOUSING n( • ) = TREF/PALM TO BE PRESERVED W W co 0 2 U W W Y 0 W' W Y U W U 1- V O SHEET: Z 5 a W H N 0 10 20 40 SITE DATA SCALE: I' = 20'-0- NORTH NAME OF APPLICATION CHECKER'S OKEECHOBEE APPLICATION NUMBER TBD SITE ADDRESS 100 SE 8TH AVE. OKEECHOBEE, FL 34974 EXISTINWPROPOSED FUTURE LAND USE COMMERCIAL EXISTING/PROPOSED ZONING DISTRICT COMMERCIAL OVERLAYS WA SECTION 35 TOWNSHIP 37PROPERTY RANGE 72 CONTROL NUMBER (PCN) 3-22-37-35-0260-00000-0010 EXISTING USE COMMERCL LL PROPOSED USE COMMERICAL TOTAL SITE AREA 0.6 AC. (27,980 S.F.) GROSS FLOOR AREA 1.151S.F. BUILDING FLOOR AREA 912 S.F. OUTDOOR DINNING AREA 239 SF. REQUIRED PARKING (I SP. PER 7S SF) 3 SP. REQUIRED ADA I SP. PROPOSED PARKING 12 SP. PROPOSED ADA I SP. REQUIRED LOADING ZONE ISP. PROPOSED LOADING ZONE ISP. LEGEND AC- = ACRES D.E = DRAINAGE EASEMENT DRO= DEVELOPMENT REVIEW OFFICERS D.U. = DWEWNG UNITS EX. = EXISTING FLU = FUTURE LAND USE LAE = LIMITED ACCESS EASEMENT LM.E. = LAKE MAINTENANCE EASEMENT OHME = OVERHANG/MAINTENANCE EASEMENT O.R.B. = OFFICIAL RECORD BOOK P.B. = PLAT BOOK PDR = PROPERTY DEVELOPMENT REGULATIONS PG. = PAGE R = RADIUS R.O.W. = RIGHT -OF WAY R/W = RIGHT-OF-WAY S.F. = SQUARE FEET TYP = TYPICAL LLF = UTILITY EASEMENT ULDC = UNIFIED LAND DEVELOPMENT CODE WWFFHH WORKFORCE HOUSING n( • ) = TREF/PALM TO BE PRESERVED W W co 0 2 U W W Y 0 W' W Y U W U 1- V O SHEET: Z 5 a W H N Staff Report Special Exception Request Checkers Fast Food Restaurant w/Drive-through Service (100 SE 8t" Av.) Prepared for: The City of Okeechobee Applicant. NYLV Investors LLC Petition No.: 18 -001 -SE Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE General Information Owner Carl Lee Windham Jr. Owner Address P.O. Boy: 2743 Tallahassee, Florida 32316 Applicant NYLV Investors LLC Applicant Address 2000 Palm Beach Lakes Blvd., Suite 205 West Palm Beach, FL 33409 Site Address 100 SE 8th Avenue Contact Person Lindsay Libes (Agent) Contact Phone Number 561-537--4542 or 561-687-2220 Email Address Lindsay.Libes@wginc.com Future Land Use Zoning District Use of Property Acreage (per survey) Legal Description of Property Existing Commercial4 - 2 -_. CHV, Heavy Commercial Former retail store and tax office 27,980 sf (0.642 acre) Proposed Commercial CHV, Heavy Commercial Checkers Fast Food Restaurant with Drive- through Service 27,980 sf (0.642 acre) Location: 100 SE 8th Avenue, Okeechobee, FL Parcel Identification Number: 3-22-37-35-0260-00000-0010 LOTS 1, 2 and 3 TAYLOR CREEK MANOR, a subdivision according to the plat thereof recorded in Plat Book 3, Page 4, of the public records of Okeechobee County, Florida, LESS and EXCEPT right of way for State Road 70, and land described in Official Records Book 217, Page 175 of the public records of Okeechobee County. Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for a Checkers fast food restaurant with drive-through service on the 0.642 -acre property located at 100 SE 8th Avenue, at the southwest corner of SR 70 and SE 8th Avenue. LaK(­ pt-anncng 1 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE The two buildings on the property (one formerly a retail use and the other was a tax preparation office) are slated for demolition. They will be replaced by a 912 square foot Checkers brand fast food restaurant building also providing 239 square feet of outdoor dining space. The property is designated Commercial on the Future Land Use Map (FLUM) and CHV, Heavy Commercial on the Zoning Map. The property is bounded on the north by the SR 70; by a single-family home on the south; by SE 8th Avenue and the Northshore Plaza Shopping Center on the east, and Taylor Creek on the west. According to the preliminary site plan accompanying the Application, the proposal includes drive-up/thru food and beverage service with 239 square feet of patio providing three outdoor dining tables seating a total of 12 persons. Twelve parking spaces, including one designated for the handicapped, are available to accommodate the anticipated 3 — 7 employees during the various shifts and walk up customers or those who choose to eat in the outdoor dining area. Hours of operation will be from 10am to 4am, seven days -a -week. North Future Land Use Map Zoning District Existing Land Use Future Land Use Classification East Zoning District Existing Land Use Future Land Use Classification South Zoning District Existing Land Use Future Land Use Classification West Zoning District Existing Land Use Commercial to the north and northeast across SR 70. CHV, Heavy Commercial to the north and northeast across SR 70. MH park and MH sales and Cowboy's restaurant and other commercial uses to the north and northeast across SR 70. Commercial CHV, Heavy Commercial Northshore Plaza Shopping Center across SE 8th Avenue. Single -Family Residential RMF, Residential Multiple Family Single-family home Taylor Creek, then Single -Family Residential Taylor Creek, then CHV, Heavy Commercial Taylor Creek, then Vacant lot bK­ 2 planning Staff Report Special Exception Request Consistency with Land Development Regulations Section 70-373(b) requires thal granting a Special Exception du The Applicant has submitted, as tion addressing these standards. the required findings. These ars provided by the Applicant. Staff clarify the Applicant's comments typeface. NYLV Investors LLC Petition No. 18 -001 -SE the Applicant address the following standards for ing his/her presentation to the Board of Adjustment. part of the submission, brief statements and informa- The Applicant has provided brief comments to each of repeated below in Times Roman typeface exactly as has made no attempt to correct typos, grammar, or Staff comments follow and are shown in bold Arial (1) Demonstrate that the proposed location and site are appropriate for the use. "The site is located at the southwest corner of State Road 70 and SE 8th Ave and retains a FLU designation of Commercial and Zoning District of Heavy Commercial. The proposed restaurant use is permitted consistent with the Section 90-283 of the City of Okeechobee's Land Development Regulations. Pursuit to Section 90-283, a drive-through service is permitted in the CHV district after the issuance of a special exception use petition. The subject site is appropriate for the proposed Checkers fast food restaurant with a drive- through service as similar operations are adjacent to the subject site. The following is a summary of the uses surrounding the site: NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. EAST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Furniture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. WEST: Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial." punning Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE It is true that the site is zoned CHV and that drive-through service is allowed as a special exception. However, there are no truly similar uses adjacent to the subject property. Most of the uses in the vicinity are commercial uses, all the nearby fast food restaurants with drive-through service are located between 400 and 500 feet to the west and east along SR 70. Specifically, Burger King is a little under 500 feet to the west, Popeyes is a bit over 400 feet to the east and Zaxby's is a little under 600 feet to the east. All are located on the south side of SR 70 and have access to/from SR 70, but none are on a corner lot. However, we find it questionable whether the site is appropriate for the intended use based on a number of the factors which are discussed in the following sections — primarily (a) the wisdom or ability to obtain ingress and/or egress from SR 70 with the approval from FDOT Access Management remaining in question at this time; and (b) the capability of avoiding undue negative impacts upon the adjoining residential property to the south. (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. "The proposed development of a fast food restaurant with a drive-through service lane, known as Checkers Restaurant, is compatible and consistent with the existing FLU designation of Commercial and Zoning District Heavy Commercial. The land uses immediately surrounding the site are consistent with the proposed use as they are commercial in nature, with similar or greater intensities. The proposed 1,151 SF Checkers Restaurant with a drive-through service (including 239 SF of outdoor dining) is located provides a 10' landscape buffer along right-of-ways of State Road 70 and SE Bch Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. It is the intent of the applicant to propose a design that is compatible with the existing commercial developments within the area, while maintaining the prototype appearance of the Checkers brand." This standard is to ensure that the structures are not uncharacteristically high, or overly massive with respect to nearby uses. Since the proposed facility is typically of limited height and size, Staff foresees no specific design efforts in this regard. This standard is also intended to ensure that noise, odors, or glare from lights do not adversely affect adjacent properties. This is particularly important when a business is open late into the nighttime or early morning hours. L�K�- 4 Ptirlrlin9 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE Nighttime use of loudspeakers for taking orders or playing music is particularly inappropriate close to residential uses. The menu board, which presumably will make use of a loudspeaker for order taking, is just about 40 feet from the residence to the south. In addition, the exit lane from the parking lot is on the south side as is the loading zone, which is separated from the south property line by just the minimum required two -foot landscape strip. The dumpster is also located in this area. Loading zones and dumpster locations should not be located near residential properties. (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses, or explain why no visual screening is necessary. "The proposed 1,151 SF Checkers Restaurant with a drive-through service (including 239 SF of outdoor dining) provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8ch Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands." Both visual and noise screening should be provided along the south property line, or the site should be redesigned to minimize noise and glare from lights of southbound vehicles exiting the parking lot or entering the drive-through service area, particularly considering the late night operating hours. The loading zone, which may be serviced by large trucks or semi's, should not be located immediately adjacent to the residential use to the south, and neither should the dumpster area. (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. "There are two points of access from State Road 70 and SE 8TH Ave that provide both ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the two exits. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. Additionally, the proposed development provides a 10' landscape buffer along right-of-ways of State Road 70 and SE Bch Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south." LaRue *g Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE Traffic and access issues will be addressed under Standard 6 of this section. We agree that the location of the outdoor dining area and the parking locations minimize the negative impacts of these aspects upon the property to the south. However, the dumpster and the loading zone, being so close to the adjoining residential property, are examples of insensitivity to the occupants and owners of the property to the south. (5) Demonstrate how the utilities and other service requirements of the use can be met. "There is an existing 12" water main in NE Park Street and a 6" water main in SE 81h Avenue. The existing site is serviced from a water line with a 3/4" water meter from the 6" water main in SE 81h Avenue. The proposed development will continue to utilize the existing service to serve the proposed building. There is an existing 8" force main in NE Park Street and a 6" force main in SE 8th Avenue which comes from an existing lift station approximately 500 feet to the south of the site. Per discussion with Okeechobee Utility Authority, the proposed development would include the construction of gravity sewer from the site through the SE 8th Avenue right of way to tie into an existing manhole approximately 350 feet to the south which feeds into the nearby existing lift station. There is an existing overhead power pole on the east side of the property that serves the existing buildings. This power pole could serve the proposed building. The survey located a buried AT&T line in the SE 8th Avenue right of way on the west side of the road which could serve the proposed building if needed." We fully expect that utilities are available, and the adequacy and specifics of these facilities will be addressed during the site plan stage (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "There are two points of access from State Road 70 and SE 8TH Ave that provide both ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the two exits. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community." Mr. Juan Ortega the Traffic Engineer, JFO Group Inc., who prepared the traffic analysis has concluded that no Traffic Impact Statement is necessary. We agree with this conclusion, because the project will clearly result in a net increase in peak hour traffic of less than 100 vehicle trips over that generated by the existing uses on the property. Mr. Ortega's analysis indicated a net increase of 30 vehicle trips in the peak hour. L -Rue p��lrl�9 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE There remains one major issue of concern at this point. The FDOT requires a minimum distance of 125 feet for a driveway from a signalized intersection. The existing driveway cut on the property is considerable less than this. I believe its somewhere between 60 and 80 feet, and therefore does not meet the minimum requirement. Mr. Ortega will be meeting with the Access Management committee on March 13 to discuss to what extent, if any, the FDOT will permit access or egress to/from SR 70 via the existing driveway cut. At this point, the issue remains open and I must assume such access will not be available and vehicles will be entering and leaving the Checkers only via SE 8th Avenue. 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 exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments follow and are shown in bold Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "The proposed 1,151 SF Checkers Restaurant with a drive-through service (including 239 SF of outdoor dining) is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including the standards for building and structural intensity and density, and intensity of use. The current FLU designation for the subject property is Commercial with a CHV Zoning designation. These are consistent and compatible future land use and zoning designations." We agree that a restaurant with drive-thru service is a commercial use contemplated within the Commercial Future Land Use Category and is consistent with the Comprehensive Plan. (2) The use is specifically authorized as a special exception use in the zoning district "Pursuit to Section 90-283, a drive-through service is permitted in the CHV district after the issuance of a special exception use petition. The proposed development request is located within the CHV district and proposes a Checkers Restaurant with a drive-through service. Thus, the special exception use request is required for the proposed site." We agree. Drive-through service is specifically listed as an allowable Special exception use in the CHV District. bK 7 ptanning Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (3) The use will not have an adverse effect on the public interest. "The proposed Checkers Restaurant with a drive-through service will not have any adverse effects on the public interest. The Checkers franchise operates as a national chain and will provide precise food services to all participating customers of the City of Okeechobee." At this point the question of the project's effect upon the public interest lies chiefly in the unresolved issue of ingress and egress and how this may impact the convenience and safety of the traveling public. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "The subject site is suited for the proposed Checkers restaurant with a drive-through service as the Checkers restaurant will replace the existing two both buildings that no longer provide service. The site is located at the southwest corner of State Road 70 and SE 8th Ave and retains a FLU designation of Commercial and Zoning District of Heavy Commercial. The proposed restaurant use is permitted consistent with the Section 90-283 of the City of Okeechobee's Land Development Regulations. The Checkers restaurant will not be detrimental to urbanizing land use patterns as similar operations are adjacent to the subject site. The following is a summary of the uses surrounding the site:" NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. EAST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Furniture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial WEST: Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. LaRue 8 Pt�ggi!n:g Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE It is true that the site is zoned CHV and that drive-through service is allowed as a special exception. However, there are no similar uses adjacent to the subject property. While most of the uses in the vicinity are commercial uses, none of the nearby fast food restaurants with drive- through service are adjacent to the subject. Rather, they are located between 400 and 500 feet to the west and east along SR 70. Specifically, Burger King is a little under 500 feet to the west, Popeyes is a bit over 400 feet to the east and Zaxby's is a little under 600 feet to the east. All are located on the south side of SR 70 and have access to/from SR 70, but none are on a corner lot. We find it questionable whether the site is appropriate for the intended use based on a number of the factors which were discussed in the previous sections of this Staff Report — primarily (a) the wisdom or ability to obtain ingress and/or egress from SR 70 with the approval from FDOT Access Management remaining in question at this time; and (b) the capability of avoiding undue negative impacts upon the adjoining residential property to the south. (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The proposed Checkers Restaurant will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Land uses immediately surrounding the site are consistent with the proposed use as they are commercial in natural, with similar or greater intensities. The proposed Checkers is compatible and consistent with the existing FLU designation of Commercial and Zoning District Heavy Commercial: Unless safe, adequate and convenient access can be provided to the pro- posed use, and the residential property to the south can be protected from the likely effects of the use as proposed, I believe the living condition on the adjoining residential property will be adversely affected. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "The proposed commercial development of the Checkers Restaurant provides the required 2 feet buffer which will minimize adverse effects, including visual impact and intensity of the proposed use on the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. It is the intent of the applicant to propose a design that is compatible with the existing commercial developments within the area, while maintaining the prototype appearance of the Checkers brand.,, LaR��, pngg 9 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE Both visual and noise screening should be provided along the south property line or the site should be redesigned to minimize noise and glare from the lights of vehicles exiting the parking area or entering the drive- through service lane, particularly because of the proposed late-night operating hours. The loading zone, which may be used by large trucks or semi's, should not be located immediately adjacent to the residential use to the south, and neither should the dumpster area. (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The proposed Checkers Restaurant will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The proposed Checkers operates a quick food service that will not sustain density for long periods of time. The site retains a FLU designation of commercial and a Zoning district of Heavy Commercial. Therefore, proposed use of a restaurant is permitted and is compatible with the surrounding commercial developments. Density is not an issue with a commercial use and the proposed fast-food restaurant with drive-through service and outdoor seating for 12, while increasing traffic, should not have a significant negative effect upon public services or facilities if the question of vehicular ingress and egress is resolved. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed Checkers operates a quick food service that will not sustain density for long periods of time. There are two points of access from State Road 70 and SE 8' Ave that provide both ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the two exits. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. Therefore, will not create traffic congestion, flooding or draining problems, or affect public safety." At this time neither the ability nor wisdom of gaining access from and/or egress to SR 70 has been determined. Flooding and drainage problems are not expected but, if the Special Exception is approved, these issues will be specifically addressed during the site plan review. p nn aguh?e. g 10 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE Based upon the foregoing analysis and findings, Staff recommends that Petition Number 18 -001 -SE be either denied or postponed until the applicant can confirm the means of access and egress and address protections for the adjoining residential property from expected negative impacts associated with operation of the proposed use. In the alternative, should the Applicant provide sufficient information at the meeting to convince the Board of Adjustment that adequate, safe and convenient ingress and/or egress can be provided via SR 70 and/or SE 8th Avenue to accommodate the anticipated traffic, I would suggest such approval be conditioned upon the following stipulations being considered during the site plan review: 1. While there is no requirement for a loading zone for a business with less than 5,000 square feet of floor area, if one is provided it should not be located adjacent to the residential property immediately to the south. Rather it should either be relocated or moved back and suitably screened and buffered from the residential property to the south. 2. The loudspeaker ordering location should be relocated or suitably buffered to prevent a noise nuisance to the adjoining residential property to the south. 3. Dense vegetative screening or a fence should be erected along the south property line to buffer the adjoining residential property and block glare from the lights of vehicles entering and leaving the parking area or entering the drive-through service area during nighttime hours. 4. The operating hours of the proposed Checkers should be more in line with those of other fast-food restaurants with drive-through service. Specifically, we suggest a closing time of 12am. Only two fast food restaurants in Okeechobee with drive-through service are open later than this. These are McDonalds (open 24 -hours) and Wendy's (open until 1 am) and neither of these have operations anywhere as close to a residential area as is proposed by in this application. Submitted by: Z j�r Wm. F. Brisson, AICP Planning Consultant March 7, 2018 Board of Adjustment Hearing: March 15, 20'18 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses Latzuc punning Staff Report Special Exception Request FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS NYLV Investors LLC Petition No. 18 -001 -SE COMPWHE.NSW PLAN LAND USE: SW-AE-FAWY - WX-n - FAWY COMMERCIAL ROUSTRIAL i"JBLIC FACILITIES RESIDEWIALMIXED USF L'Ru- 12 planning Staff Report Special Exception Request ZONING MAP SUBJECT SITE AND ENVIRONS NYLV Investors LLC Petition No. 18 -001 -SE ZC>11tt11,t'G tffi �a�-covususia�:;S�i�rR��r C41! - MEAVY C0 V V nClAi CLT- LlGtit r. C V V v -.C*-, CPO - COUM FRICfii.T...:.M7N A: 0MIZE f�� R-MO:A1Nu sue! - PUM.1C fACILmn -uaVLxED ?UD�. - RVF RE£$}FNTIALVUL91FAVI1.Y RWM-ftFMW'.N11AL WOdLE MOVE. FtSF1 - RESf_^,Erl1A1 SiV G1E FAVILY RM-RESYZEIMAL.^.RICc1EfAVILYt L.,Kur. planning 13 Staff Report Special Exception Request EXISTING LAND USE SUBJECT SITE AND ENVIRONS A WATH -& NYLV Investors LLC Petition No. 18 -001 -SE 1din� Rivet Run Resort MHP I Jett t 4b to 21 ��. Lh Qt!l�d:arTti' �� �.�C,b�i!'t ,'�i•,?Y't �..i�t- • '+. Market r r n � 1 r ,mow w SR E Zaxbvs 7 3 burger - - ,. t JG A ;NA � I loms,a :,;, ..,. iFOM s ore azitSC: r ' i 116 -.,,.. • sa: n ��Ianti ing ��� LIAR 15 2018 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME BOARD, COUNCIL, COMMISSIO UTHORITY OR OMMITT Bczl�%l rKof 0 V r Down Npechobee. Piano in MAILING ADDRESS g L4 q S W G 7'1" D r v Z. THE B ARD, COUNCIL, COMMISSION, AUTHORITY OR d01AMITTEE ON ria [1151 IF WHICH I SERVE IS A UNIT OF: fa CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY IT p1,e&c NAME OF�TISUBDIVISION: �(� ()bee_ p la f �/beC� DATE ON WHICH VOTE OCCURRED �a rC l/) 5 a o I $ MY PO TION IS: ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(0, F.A.C. PUNA APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. ]� (� DISCLOSURE OF LOCAL OFFICER'S INTEREST .Dawn r! ooye r _ hereby disclose that on/�_ I'r t am h i ��' _ 20 (a) A measure came or will come before my agency which (check one or more) M inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: CLLkfe-m-4It'1-t mu-p1i V eta' b-1 7 ,Q Ca -f.Lii ti , by , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. NEW NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, ORA CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(1), F.A.C. On�n P2�-hor) N,o. 18-OCb1- �9 9 � MAR 1 � 2018 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME ass ar ne 4r ANE OF BOARD, CCOMMISSIQNAUTHORITY, OR COMMITTEE l(( p-®JeDqvbeQ, J6or�o MAILING ADDRESS �vl SE 3rd ,Sfret f �jV THE B ARD, COUNCIL, COMMISSION, AUTHORITY OR OMMITTEE O J WHI( iISERVE ISAUNIT OF: C-LC/ITY ❑ ,AUNTY ❑ BOTHER LOCAL AGENCY OUNTY CITY O� C0 Kees hu b e ll//T Cc NAME F POLITICAL SUBDIVISION: �(( G DATE_0N WHICH VOTE OCCURRED arch cj d o b MY POSITION IS: D ELECTIVE APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(0, F.A.C. f 'wil APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I,_ e _>rl- 6nas5 hereby disclose that on March 15 1 20t (a) A measure came or will come before my agency which (check one or more) _k inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. `I eya,,rd,�n `Rezon109 ?e -h f--7t;'j N0 10-Wa- (� PAGE 2 Patty Burnette From: Patty Burnette Sent: Tuesday, March 20, 2018 11:27 AM To: 'Bob Jarriel (bobja@bellsouth.net)'; 'Bobby Keefe (robert.m.keefe@me.com)'; 'douglas_mccoy@doh.state.fl.us'; 'Elbert Batton (embatton@hotmail.com)'; 'jadthoover@gmail.com'; johncook@cityofokeechobee.com'; 'khbrass@live.com'; 'Lmccreary@ceeco.net'; 'Mac Jonassaint (mjonassaint@aol.com)'; 'Michelle Baughman (bbsitedevelopmentinc@gmail.com)'; 'rbrock@cityofokeechobee.com'; 'skullhillsteel@yahoo.com' Cc: bill@larueplanning.com; Marcos Montes De Oca Subject: Requirement in regards to March 15, 2018 Planning Board Meeting Attachments: Form 8B Memorandumof Voting Conflict Forms.pdf Importance: High Good Morning. Attached are two Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers forms that were submitted by Board Members Brass and Hoover and received by myself as Board Secretary on March 15, 2018 in regards to Rezoning Petition No. 18-002-R. I am sending this email for your records and information as part of the requirements. Thank you, Patty Pa4fy M. r3two-e & General Services Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, `FL 34974 rl-'e6 863-763-3372 Direct: 863-763-9820 `Fax: 863-763-1686 e -mad pburnette@citUofokeechobee.com -website: www.cituofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing.