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2018-05-17CITY OF OKEECHOBEE BOARD OF ADJUSTMENT CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR MAY 17, 2018 AGENDA I. CALL TO ORDER — Chairperson. Regular Meeting, May 17, 2018, 6:00 P.M. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson Hoover. III. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member Bob Jerrie) 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 February 15, 2018, Workshop and the April 19, 2018, regular meeting. PAGE 1 OF 6 ACTION- DISCUSSION - VOTE Chairperson Hoover called the May 17, 2018, regular meeting to order at 6:01 P.M. The Pledge of Allegiance was led by Chairperson Hoover. Board Secretary Burnette called the roll: Present Present Absent (without consent) Present Present Present Present Absent (with consent) Present (moved to voting position) Present Present Present Chairperson Hoover asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. There being none the agenda stands as published. Member McCoy moved to dispense with the reading and approve the Summary of Board Action for the February 15, 2018, Workshop and the April 19, 2018, regular meeting; seconded by Member Brass. There was no discussion on illi) lit iIi. VOTE HOOVER - YEA MCCOY - YEA BATTON - ABSENT BAUGHMAN - YEA BRASS - YEA JONASSAINT - YEA MCCREARY - YEA KEEFE - ABSENT JARRIEL - YEA MOTION CARRIED. 161 162 MAY 17, 2018 — BOARD OF ADJUSTMENT - PAGE 2 OF 6 AGENDA ACTION - DISCUSSION - VOTE VI. OPEN QUASI-JUDICIAL PUBLIC HEARING — Chairperson. A. Continued from March 15, 2018 Meeting; Special Exception Petitior. 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 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 denial. 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. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:03 P.M. Continued from the March 15, 2018 Meeting; Special Exception Petition No. 18 -001 -SE, requests to allow drive-through service within a Heavy Commercial (CHV) 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. 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, Ms. Susan O'Rourke, P.E. with O'Rourke Engineering & Planning, of 969 Southeast Federal Highway, Suite 402, Stuart, Florida, Mr. Steve Dobbs, P.E. with SLD Engineering, 1062 Jakes Way, Okeechobee, Florida, Mr. Adam Schildmeier, Engineer with the Wantman Group, Inc., (WGI) of 2035 Vista Parkway, West Palm Beach, Florida, Mr. Chad Riddle, Senior Designer with WGI, of 2035 Vista Parkway, West Palm Beach, Florida, and Mr. Angelo Freites, of 253 Barbados Drive, Jupiter, Florida. Planner Brisson reviewed the Planning Staff Report explaining the matter for consideration is a Special Exception for a Checkers fast food restaurant with drive-through service on the 27,982 square -foot property located at the Southwest corner of State Road 70 (Northeast Park Street) and Southeast 8th Avenue addressed as 100 Southeast 8th Avenue. The Petition was originally presented before this Board at the March 15th meeting but was continued until now as the Applicant was pending the outcome from a Variance Hearing with the Florida Department of Transportation (FDOT) regarding access on State Road 70 (Northeast Park Street). The two buildings currently on the property (one in which was used as a retail use and the other a tax preparation office) are slated for demolition. They will be replaced by a 912 square -foot restaurant with drive-up/thru food and beverage service with 500 square -feet of outdoor dining space which will provide six outdoor dining tables seating a total of 24 persons. Twelve parking spaces, of which one is designated for the handicapped, are available to accommodate the anticipated 3 to 7 employees during the various shifts and walk up customers or those who choose to eat in the outdoor dining area. Hours of operation are proposed to be from 10:00 am to 4:00 am seven days a week. Planner Brisson recommends denial based on the findings within the Planning Staff Report, which include the Petition requesting the Special Exception being inconsistent with the City's Comprehensive Plan, being not appropriate for the location and being not compatible with adjacent uses. Mr. Riddle was present and available for questions from the Board. Member Raiinhman asked him to address the deficiencies listed in the Planning Staff Report. Mr. Riddle went on to explain his client will provide more landscaping and increase the buffering to the South to shield the neighboring property from the dumpster and loading zone; full access to the site can be accommodated by a full access driveway on Southeast 8th Avenue; and he is of the opinion that the garbage truck would be able to maneuver around on the site even during business hours. Regarding the loading zone, the trucks usually come outside of business hours and he believes the truck could back up within AGENDA VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. A. 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. for Special Exception Petition No. 18 -001 -SE continued. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. MAY 17, 2018 — BOARD OF ADJUSTMENT - PAGE 3 OF 6 163 ACTION - DISCUSSION -VOTE the site and leave, it not, then it would back up onto Southeast 8th Avenue. More research may need to be done. Member Baughman further inquired as to whether they would be willing to change their plans and utilized more of the property to the West near Taylor Creek, or if there was a reason this space was not being used. Mr. Riddle responded they would have no problem with this and could relocate the dumpster and loading zone. They would be happy to go back over the plans and rework the site. During this discussion, the idea of maybe a trash compactor instead of a dumpster was brought up. Mr. Freites explained they do not use compactors due to worker's compensation and liability issues; a lot of the companies do not want to pick up the waste; there is a lot more noise associated with this and also the truck would need to visit the site twice, once for pickup and then to return the container. Member Baughman next asked if they would be willing to use some sort of slat type of fencing along the South boundary of the property to help buffer the headlights. Again, Mr. Riddle said his client would have no issues with this. Discussion then turned to the circulation of the actual drive-through as Member McCoy had concerns with the stacking and how the actual circulation would work. If someone was occupying the parking spaces, how would they be able to back out if there were stacking. A solution was to increase the width of the drive isle lane from 16 to 20 feet. In addition there was some discussion regarding the speakers and whether they could be adjusted during the evening hours or whether the operating hours could be changed. Mr. Freites responded that 30 to 35 percent of sales occur after 10:00 pm with alot of volume on and off. So this will hurt the business to reduce the hours. He commented he operates fifteen other Checkers Restaurants and has had no issues with noise complaints with the speakers. Chairperson Hoover commented even though this is a Heavy Commercial area, it is a heavily traveled residential area. Member Brass commented she did not want the property to sit idle, although she does not want the resident to have bad quality of life because of a commercial business and the activities associated with it like the garbage pickup and the potential traffic backup. If a motion can specify conditions than she would not have an issue moving forward, but if the general consensus was to just make a motion then she could not say she would be in favor. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mr. Dobbs was present as a private citizen to comment he had visited the site and met with Mr. Rob Wilson, realtor of the property and the City Administrator, Mr. Marcos Montes De Oca regarding this project. He believed there was room to shift the building if need be or relocate the loading zone or dumpster to the West. He did a study on the noise and from his research concluded that the State Road 70 (Northeast Park Street) area is already noisy so he didn't believe the private residence to the South would be affected any more. In the past, businesses had been in there that had back right onto Southeast 8th Avenue, so at ,east this business would be a little safer. 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 8 surrounding property owners. in -addition, SecretaryBurnett made intothe record _.iletter that • was received from Jim and Pat Tenniswood as follows: To Okeechobee City Council, I live on SE 8th Avenue and we already have a traffic problem at the traffic light on 8th Ave. where you turn onto 70 East. We wait for the light to change and sometimes have eight or more cars waiting for the light. I was told by a neighbor that a "Checkers" restaurant was wanting to open a drive-thru restaurant on this corner. Will have a worst traffic problem then. I think they should find a 16L AGENDA VI. QUASI-JUDICIAL PUBLIC HEARING ITEM. CONTINUED. A: 4. Public comments or questions from those in attendance, or submitted to the Board Secretary for Petition No. 18 -001 -SE continued. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a motion to approve or deny Petition No. 18 -001 -SE with or without special conditions. MAY 17, 2018 — BOARD OF ADJUSTMENT - PAGE 4 OF 6 ACTION - DISCUSSION VOTE location that it won't be a problem with traffic. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the petition. There were none. Planning Staffs recommendation for denial is based on two sets of criteria. One being the site's inconsistencies with the current Land Development Regulations (LDR's), and the other, findings required to consider a Special Exception. Planning Staffs responses to the applicant's presentation on consistency with the LDR's are, the site is zoned CHV and drive-through service is allowed as a special exception, however, there are no fast-food restaurants adjacent to the subject property. All of the nearby ones are located between 400 and 600 feet to the East or West of the subject site. All are located on the South side of State Road 70 (Northeast Park Street) and have access to/from State Road 70 (Northeast Park Street). None are located on a corner lot either or receive access from a local street. Since the proposed facility is only one-story in height and of limited size, no specific design efforts is needed in this regards. Although the standard of how the site is being designed to be compatible with the adjacent uses and neighborhood is also intended to ensure that noise, odors, or glare from lights do not adversely affect these properties this is particularly important when a business is open late into the nighttime or early morning hours. The menu board and loudspeaker for order taking is just about 40 feet from the residence to the South. This nuisance factor is magnified by the proposal to operate the drive-through until 4 am. Only two other fast-food drive through restaurants in the vicinity are open later than midnight but neither has a menu board and loudspeaker anywhere near as close to residential use as the 40 feet proposed by the Applicant. The exit lane is located on the South side of the property and the loading zone and dumpster are separated from the South property line just by the minimum required two -foot landscape strip. Both of these pose potential nuisances in the form of noise and odors to the adjacent residential property. This minimum landscaping will do very little to minimize the noise and glare from lights of southbound vehicles exiting the parking lot or entering the drive-through service area. It is expected that utilities are available and the adequacy and specifics will be addressed during the site plan review stage. It has been concluded by the Applicant's traffic engineer that no Traffic Impact Statement is necessary. FDOT"s denial of access to State Road 70 (Northeast Park Street) means access is available only from Southeast 8th Avenue. Dr. Juan Ortega, the Applicant's Traffic Engineer, has determined that full access via Southeast 8th Avenue to the proposed restaurant is appropriate. The City enlisted Ms. Susan O'Rourke, a Professional Traffic Engineer, to also review the application. She concluded the location of the driveway, about 175 feet South of the centerline of State Road 70 (Northeast Park Street) meets ti' 1:y =14n-fnnt minimi; . qucment. She nates the 3.w =h wsP,5 feet -Ion-site -?ora ee for waiting vehicles, and that this should be more than adequate so that northbound travel does not extend beyond the driveway as indicated by Dr. Ortega. Therefore, she confirms a full access driveway on Southeast 8th Avenue can be accommodated. However, she warns the Southbound entry requires vehicles to make a "u -turn into the site and that there is only 44 feet available for entering vehicles to negotiate the u -turn. Concluding that vehicles larger than 23 AGENDA VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. A. 6. a) Consider a motion to approve or deny Petition No. 18 -001 -SE with or without special conditions continued. ') Board 1isJCU JVrl . MAY 17, 2018 — BOARD OF ADJUSTMENT - PAGE 5 OF 6 165 ACTION - DISCUSSION - VOTE feet in length would need to go in contra -flow to access the site. She suggested signage stating no entry to trucks during public business hours. Situations could therefore happen in which the City would have little control over. Planning Staffs responses to the Applicant's presentation on the required findings are, the property is designated Commercial on the Future Land Use Map and a restaurant with drive-through service is included under the list of Special Exception Uses in the CHV Zoning District. However, the proposed use at this location operating as described in the Application is inconsistent with Goal 1 of the Comprehensive Plan in that it does not represent a well-planned mix of compatible uses and it will diminish the quality of the living environment of the adjoining residential property. The proposed use will have an adverse effect on the public interest due to the concerns to the proposed impact on Southeast 8th Avenue due to the larger vehicles entering the site during public business hours and needing to go against the normal traffic flow. The use is not appropriate for the proposed location, is not compatible with adjacent uses, and is detrimental to urbanizing land use because of the late night hours, the proximity of the menu board/loudspeaker, the dumpster and loading zone to the adjoining residence to the South and the potential noise and odor impacts, even with the minimum required landscape and buffer. The use will adversely affect property values or living conditions, and be a deterrent to the development of adjacent property for these same reasons. Even though the Applicant has provided the minimum two -foot landscape buffer, it does not seem that the proposed use would be adequately screened to sufficiently reduce the expected nuisance factors from the adjacent residential use. The proposed use is commercial and density is not a consideration. The proposed use may be expected to create traffic congestion because as previously noted, the Southbound entry requires vehicles to make a "u -turn into the site and that there is only 44 feet available for entering vehicles to negotiate the u -turn. Concluding that vehicles larger than 23 feet in length would need to go in contra -flow to access the site. The Traffic Engineer suggested signage stating no entry to trucks during public business hours. Situations could therefore happen in which the City would have little control over. Flooding and drainage problems are not expected but these types of issues would be addressed during site plan review. A motion and a second was offered by Members Baughman and McCreary to approve Special Exception Petition No. 18 -001 -SE, to allow drive-through service within a CHV 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 with the following special conditions: Move the dumpster away from the residential area as practical as possible to the North; a specific barrier running East to West along the South property line is needed to reduce noise and light, to design the parking and driveway area VO :.. ..0 ac...!g Out cnto .sutheast 8 Avenue; ,..e width the drive. isle .ans between h7ar Ing cpacs needs to increase from 16 to 20 feet. Chairperson Hoover asked whether there was any further discussion. There was none. 166 AGENDA VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. A. 6. c) Vote on motion for Special Exception Petition No. 18 -001 -SE. CLOSE QUASI-JUDICIAL PUBLIC HEARING — Chairperson. VII. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the a. • eal is to be based. General Services' media are for the sole purpose-bbckup for official re ords. Coity MCOa' U ce C ATTEST: Patty M. Burnette, Secretary frvi, Da n T. Hoover, Chairperson MAY 17, 2018 — BOARD OF ADJUSTMENT - PAGE 6 OF 6 ACTION - DISCUSSION - VOTE VOTE HOOVER — YEA MCCOY — YEA JONASSAINT — YEA MCCREARY — YEA BATTON — ABSENT BAUGHMAN — YEA KEEFE — ABSENT JARRIEL — YEA BRASS — YEA MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT 7:17 P.M. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:17 p.m. per5an 1 1.' ,niir Page 1 of City of Okeechobee Planning Board/Board of Adjustment City Hall, 55 SE 3rd Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes May 17, 2018 I. Call To Order - Chairperson: Chair Hoover called the May 17, 2018, Regular Meeting to order at 11. Opening Ceremonies: Pledge of allegiance - Chairperson III. Chairperson. Board Member Staff Attendance - Secretary. p.m. IV. Agenda - Chairperson. A. Chair 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. p .. V. Minutes - Secretary. A. Board Meinber i moved to dispense with the reading and approve the Summary of Board Action for the February 15, 2018, Workshop and the April 19, 2018, regular meeting; seconded by Board Member Discussion: PRESENT ABSENT (W OR W/0 CONSENT) Chairperson Hoover Vice Chairperson McCoy `/ Board Member Batton `' 0 D e 104 Board Member Baughman Board Member Brass Board Member Jonassaint ✓ Board Member McCreary / Alternate Board Member Keefe t/ 0 t Cb Alternate Board Member Jarriel Vim"' 1 p-$-( t. Planning Consultant Brisson, Senior Planner t Board Attorney Cook Board Secretary Burnette '' IV. Agenda - Chairperson. A. Chair 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. p .. V. Minutes - Secretary. A. Board Meinber i moved to dispense with the reading and approve the Summary of Board Action for the February 15, 2018, Workshop and the April 19, 2018, regular meeting; seconded by Board Member Discussion: 112011TPage 2 of v VOTE YEA , NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY i, BATTON /` BAUGHMAN ✓ BRASS 7 JONASSAINT t McCREARY v KEEFE JARRIEL t/ l RFS111 TS. CARRIFD DFNIFD VI. CHAIR OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT Lo • °� P.M. A. Continued from March 15, 2018 Meeting; 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 1). 1 . Administer of Oath - Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, eespo /nd, and give your full name and address.. 2. Review Planning Staff Report - recommending denial. here- we C ��� tnc��3 revie Ld his crcd,enha is in cam, `bream a P)a_viAer-smee 16111�(� yrs I�cce, {�� t 2 yrs I,va� w C 2 r -4-1 -fr 2 d-e)aAocr (1 S�Gt f -c, a (� a-il.iE �U �► in.i s co uS >T - Q Y m, tact_.' esi Ifr cc�. �v� C�(Crx�. C r e la vt , n 9 M.et '"1 z.e 4/ f/ j i - e f 0 Y1 A +vi,,1 e. /Kit :t-kr5 I Yrs WNW Page 3 of VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. S of I`ie € r e rCli �i ; nu se { rom he, rne-nu, baa -rd, (orad S pcker' 7C�- $�Pvie �c c{ (;r f- � � is nalse+a pop �9 5 f a4-e-f\I rrf-' operaffn9 how's II: ooMrl (u-mps er, load zone (pu s nucsanees, -1-ra-ffl_ aetesonly by /oat( o -F SC 8ihPl'e. 5C- V -h W re, 0 a h Gt C'C ornmoDta.{Q, 'H "fret - r t'h 4 +'n r 19 64- ot,+- _7 - 3 73(.0 ufi lr-hes dre av&iict61e, Seune n tusanee s Q-scthovt. 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QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. gsu,r''ourat,n1 pfop-plop-iees Were. rocufrd_ a steins were, pb.& fed on 1 --he., �u t��e ct p"op r+.� the.,�ef� � o� wac ociatroseet i n vv2 naDspotper- IO it r oo-rd reocr M P4 e��csLvrYp 5. Disclosure of Ex -Parte Communications' by the Board. Ult 1452n# Page7of VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. 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''!''f`h'''''t' and M(+(iferr?t t approve/deny 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. area_ r ccs os � 6 % , - tat Hove Clumps kr atagai -1-061 n �� air) n Ott Sou�'� pro��(l ane A 5�eci fire �Oc� rr�'e �u.� % re iuC2 1101 (. 4 ''/h 4- Q,r 6 n tri V Loa -Li Urn �,ac1�1r� off' S e isle c�e- be por(Lcaj sCoc9s 161a:+1,-. a �' Ci r i vZ � +0 DAD �e I�icroase.. From b b) Board discussion. a,.cedon 6Id3. Page 8 of VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER / McCOY V BATTON 1 BAUGHMAN ✓/ BRASS ✓ JONASSAINT ✓ McCREARY KEEFE V JARRIEL RFSIII TS: ,-, CARRIFD \ f)FNIFD CHAIR -N CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT / ( P.M. VII. ADJOURN - Chairperson. 1 [1 Planning Board Meeting May 17, 2018 Name Address S.&sa o O o r Ke gifq Sre c fo a 16h, SG f =eel uru-Q ikuj Six -0C (4 PL 4)f,,k),,q_ fa, 1)6 ( 0 \, 2 TA k) 0 -ere.c1A,4 .: F-1 A ' e'o cr.0 bar bados 2,s3 co, jek.ac),,Z I. c SJnviPv c'L.., Adam Scki Id mese r 9.055 \ii sfct. Pa -r , .y, 0 • 6yaaUJ \log - 9 gi 1 -Q -pa/lias7a1 -1703 .7-//293fZ r'? -r7#7/ ?°?-177" lerr 7r1."-747 (-)"7 /fr?r77371 ?r-#7n(r' mini' — >#7.1 7 7 -FTZ i1P/1 4(7277'777 7r-KV'P "7"r2/11 ›'1.14 r7/1 ?"-7/ '47?' ZR:Z 7r129./ -7 '`P`177(7,4, e-7( 2,7-n1d) ?''ter .te4 7 *//"'ai- r 7 �� l -P777' 7e)#?7 2i-777r77V7i7 -717-cr !' -?7' v - CHECKERS SPECIAL EXCEPTION (18 -001 -SE) Possible stipulations and the bases therefore Problems/deficiencies The menu board and loudspeaker for order taking is just about 40 feet from the residence to the south. Nighttime use of loudspeakers for taking orders is particularly inappropriate close to a residential use. This nuisance factor is magnified by the proposal to operate the drive-through until 4am. Overall access, but particularly for delivery trucks and garbage trucks, is inadequate. These vehicles are noisy and will be a nuisance to the adjoining residents, particularly if they service the site in the early morningor late, night hours. It is doubtful the Applicant will be able to control the timing of these services. Further, even if deliveries/garbage collection can be time restricted semis making deliveries will have to back out onto SE 8th avenue to exit the site. Finally, the necessity for southbound vehicles (the presumed vast majority of potential customers) to execute a U-turn to access the property, either for drive-thru purposes or even to park and use the outdoor dining seating, is at best awkward and may have the potential to reduce access times and result in back-ups on SE 8th Av. Possible Stipulations: A. Move loudspeaker further away from residence to the south. B. Change closing hour to midnight. C. Replace dumpster with garbage compactor D. Increase the spatial buffer along south property line, replace fence and plant dense vegetation and trees. E. Rearrange the configuration of the development including relocation of the loading zone and garbage area to provide an adequate vegetated visual/noise spatial buffer, to allow more direct access for deliveries and garbage collection; to eliminate blocking of the parking area, backing into SE 8th Av and the need for a U-turn for customers to access the .drive-thru lane and _parking. area. CkL114ir aw aor GLeAsp r. -16 (t,ol t -Bytt, .fnaISQ (1-451))4 f dVhq ‘,so ho ,b4(k i CITY OF OKEECHOBEE BOARD OF ADJUSTMENT MAY 17, 2018, OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER - Chairperson: May 17, 2018, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. II. 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 February 15, 2018, Workshop and the April 19, 2018, regular meeting. VI. OPEN QUASI-JUDICIAL PUBLIC HEARING - Chairperson. A. Continued from March 15, 2018 Meeting; 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 81h Avenue (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. MAY 17, 2018 - BOA Agenda - Page 2 of 2 2. Review Planning Staff Report - recommending denial. 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 may be 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. INDEPENDENT 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, thjtlthe attached copy of ^ advertisement being a 1"'I, C . ' `� 0 �I CQ. in the matter of :1 f1a in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 6- lilat)) 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 1 day of 11kO ..j 17i AD Notary Publi State of Florida at Large V.Z. ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: Aprf120, 2820 V;;;Ef,N a• Bonded Thru Notary Public Underwfiters Okeechobee Neyy,�.. ,, 107 SW 17th Stpe"?t au k_ ,/�i3.--,\ Okeechobee," �hda 34974 -..,/ f, �� t.'n `::.,Tl 863-6'3'-3134 i !.•t^�;1 fin ;_ is °ey•• PUBLIC NOTICE CITY BOARD OFADJUSTMENT MEETRiG NOTICE S HEREBY GIVEN that the aye(Okeechobee Board of Adjust- ment djustmat wi mrdtd a mar meeting an lbw, May 17, 2018, 6 PM, a as snapthereafter asr et ay Hal, 55 SE3ndAte,Rm200,Oh ihObee. R. The BcuidafAd)usbnahtarid Appeals woes asthedada,m body (gra�j idoei), co behalf of the ay, to chinas or deny ws an ry Varend Spe�I 6 The pubic isirnts and ghmragzdmatbairtTheagsdareybeottained Iran �nbee'mrn or bya ailing the General Smits'8fi3.76i- ANY PERSON DEEMING TO APPEAL any daEior, nut by the BOA win n_ghed: to ay mYVr mrmdaed at Uhs nteelkg wi need to ensue a tebaftn record Wile pnooaaiig 5 mode and the nerd Mdhdsthe telMno- ryad a tto, a upon which the appeal- wi be based In amvhionE wth the MnalmrswthIbabiiiesAct (ADA),aryhwth a asdfiledby the ADA, that meek spatial amxmn pa tt e h thio protato% octad the General Sevits Office ro mer than two business days prior to weaning, 863.7633372. BEADVtSEDthat shaidyou Mind tosigxaydoamenL pbbee, video barns tothe BOA In suppotta%postiontoan/ barn onthe agenda, acopy af the dcarret,pilau, video, a'lanneetbepm+tfedtothe Bowl Saoetay fort eeClypsrtmds 7 i51.51O 5f5f Fig Staff Report Special Exception Request Checkers Fast Food Restaurant w/Drive-through Service (100 SE 8th Av.) Prepared for: The City of Okeechobee Applicant: NYLV Investors LLC Petition No.: 18 -001 -SE (Rev.) 137 Ja r n Street # 206 Fort Myers, Fl 33901 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) General Information Owner Owner. Address Applicant Applicant Address Site Address Contact Person Contact Phone Number Email Address Future Land Use Zoning District Use of Property • Acreage (per survey) Carl Lee Windham Jr. P:07:06T2743 Tallahassee; Florida,32316 NYLV Investors LLC 72000 Palm Beach Lakes Blvd., Suite•205 %West Palm:Beae_h,_FL 33409_ 100 SE 8th Avenue __ ' rLindsay Libes (Agent) 561-537-4542 or 561-687-2220 Lindsay.Libes@wginc.com Existing Commercial CHV, Heavy Commercial I ,Former.retail store a.nd tax office Proposed LCommercial CHV, Heavy Commercial Checkers .Fastt :Food __ ' Restaurant with Drive- i Lthrough Service 27,980 sf (0.642 acre) 27,980 sf (0.642 acre) Legal Description of Property 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 27,982 square foot (0.642 -acre) property located at 100 SE 8th Avenue, at the southwest corner of SR 70 and SE 8th Avenue. LaRue 1 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) Description of the Situation 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 500 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 site plan accompanying the revised Application, the proposal includes drive-up/thru food and beverage service with 500 square feet of patio providing six outdoor dining tables seating a total of 24 persons. Twelve parking spaces, of which one is 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 are proposed to be from 10am to 4am, seven days -a -week. Adjacent FLUM Classification, Zoning District, and Existing Land Use T Future.Land Use Map Zoning District North Existing Land Use _ Commercial:fothe:north�and- !` northeast,across SR 70: CHV, Heavy Commercial to the north and northeast across SR 70. MH park/MH sales, Cowboys restaurant, and other commercial uses to the north and northeast across SR 70. L Future Land Use: Classification East.: Zoning District Existing; Land Use Future Land Use Classification South Zoning District Existing Land Use i Ir Cohiniercial CHV, Heavy Commercial l'Northshore Plaza Shopping: Center' I acrossSE 8th Avenue:: Single -Family Residential RMF, Residential Multiple Family Single-family home Futures Land= UseClassification Zoning District Existing Land be - { Taylor -Creek, then Single -Family Residential':' Taylor Creek, then CHV, Heavy Commercial ! P Taylor Creek, then Vacant lot owned by Burger King:. LaRue 2 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) Consistency with Land Development Regulations Section 70-373(b) requires that the Applicant address the following standards for granting a Special Exception during his/her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. 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 follow and are shown in Arial typeface. (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." p�ri� LaRue u1J 3 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) STAFF COMMENTS: It is true that the site is zoned CHV and that drive-through service is allowed as a special exception. However, there are no fast-food restaurants adjacent to the subject property. All of the nearby fast food restaurants with drive-through service are located along SR 70 between 400 and 600 feet to the east or west of the subject site. 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. None are on a corner lot or receive access from a local street. With the DOT's denial of access from SR 70, the use of SE 8th Avenue as the only access point appeared to potentially be a major concern as to the appropriateness of the property as a site for the proposed Checkers fast-food drive-in restaurant. Based on the reports of the Applicant's traffic engineer, Dr. Juan Ortega, and the City's consulting traffic engineer, Susan O'Rourke, a full access driveway on SE 8th Avenue can be accommodated. While this concern is no longer a major issue, there remain other questions and issues as to site's appropriateness. These are discussed in the following sections of the Staff Report and lead me to the conclusion that the proposed location and site are not 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. "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 1,142 SF Checkers Restaurant with a drive-through service (including 500 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. 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." LaRue ptarlrlu7g 4 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) STAFF COMMENTS: One of the reasons for 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 only one-story in height and of limited size, we foresee 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. Nighttime use of loudspeakers for taking orders is particularly inappropriate close to residential uses. The menu board and loudspeaker for order taking is just about 40 feet from the residence to the south. This nuisance factor is magnified by the proposal to operate the drive-through until 4am. No other fast-food drive-thru restaurants in the vicinity have anywhere near as little as 40 feet separation from the menu board/loudspeaker to nearby residential properties. Following are the operating hours and location of the menu board/loudspeaker at each of the other drive-in fast-food restaurants along SR 70 in Okeechobee: RESTAURANT NAME HOURS DISTANCE TO PROPERTY LINE DISTANCE TO HOUSE McDonald's 24 hours/7 days 120 Feet 180 Feet Taco Bell Mon—Thur: 12am Fri/Sat: lam 165 Feet 180 Feet Burger King 7 days: 12am NA: All surrounding properties are vacant and zoned CHV, Heavy Commercial Wendy's 7 days: lam 135 Feet NA Popeyes Mon—Fri: 9pm Fri/Sat: lOpm NA: Drive-thru faces SR 70 on north side of shopping center building. Zaxby's Sun—Fri: 9:30pm Sat-10pm 107 feet 135 feet As can be seen in the table above, only two nearby fast food restaurants with drive-through service are open later than midnight. These are McDonalds (open 24 -hours) and Wendy's (open until 1 am) and neither has a menu board and loudspeaker anywhere near as close to a residential use as the 40 feet proposed in this application. In addition, the exit lane from the parking lot at the proposed Checkers is on the south side of the property. The loading zone and the dumpster are separated from the south property line by just the minimum required two -foot landscape strip. The loading zone, and particularly dumpster, pose potential nuisances in the form of noise and odors to the adjacent residential property. The above leads me to conclude that the site and proposed buildings have not been designed so they are compatible with the adjacent use. LaRue pt aging 5 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "The proposed 1,412 SF Checkers Restaurant with a drive-through service (including 500 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." STAFF COMMENTS: While the adjacent property owner has an existing fence along his northern property line, it is in poor repair and would prove insufficient to buffer the residence from the increased intensity of the use proposed by the Applicant. The Application provides little in the way of landscaping and buffering to protect the residential property to the south. While the two -foot buffer strip with a few trees and bushes proposed along the south property line and dumpster area may meet the minimum landscaping requirements, they do little to minimize noise and glare from lights of southbound vehicles exiting the parking lot (or entering the drive-through service area) or the potential odors and noise associated with the dumpster location. These situations are all the more inappropriate considering the proposed late-night operating hours and I believe the proposed use is not ade- quately screened from the adjacent use. (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 is one (1) 32 foot wide point of access from SE 8th Ave. The access is located towards the southeastern portion of the site is derived from an existing curb cut that will be provide 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 exit. 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 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." planning 6 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) (5) STAFF COMMENTS: Traffic and access issues will be addressed under Standard 6 of this section. 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, as well as the location of a loudspeaker at the menu board just 40 feet from the south property line, are examples of insensitivity to the occupants and owners of the property to the south. (Refer item #2 on page 5 re: Staff Comments relating to the proposed 4am closing time and the proximity of the menu board/loudspeaker, dumpster and loading zone to the residential property immediately to the north.) It is my opinion that the impacts of potential hazards, problems or public nuisances generated by the use have not been adequately reduced. 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." STAFF COMMENTS: We fully expect that utilities are available, and the adequacy and specifics of these facilities will be addressed during the site plan stage review stage. LaRue ptaruli.ng 7 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "There is one (1) 32 foot wide point of access from SE 8th Ave. The access is located towards the southeastern portion of the site is derived from an existing curb cut that will be provide 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 exit. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. STAFF COMMENTS: Dr. Juan Ortega, the Applicant's traffic engineer, has concluded that no Traffic Impact Statement (TIS) is necessary and we agree. The DOT's denial of access to SR 70 means access is available only from SE 8th Av. Dr. Ortega has completed his traffic analysis and determined that full access via SE 8th Avenue to the proposed Checkers is appropriate. The City has similarly enlisted Susan O'Rourke, a professional traffic engineer, to review and comment. She finds that the location of the driveway (about 175 feet south of the centerline of SR 70) meets the City's 140 -foot minimum required by §78-3 of the City's Code. The information provided by Dr. Ortega indicates that there could be times when the northbound travel extends beyond the driveway. However, Ms. O'Rourke notes that the site shows 85 feet of on-site storage for waiting vehicles, and that this should be more than adequate. She has, therefore, confirmed the proposed full access driveway on SE 8th Avenue can be accommodated. However, she warns that the southbound entry requires vehicles to make a "U- turn" into the site and that there is only 44 feet available for entering vehicles to negotiate the "U-turn". She noted that this width appears is sufficient for passenger cars, trucks and vans up to 23 -feet in length, but that larger vehicles would need to go in contra -flow (i.e., against the normal traffic flow) to access the site. Trucks entering the property in this manner during operating hours would disrupt the entire circulation pattern of the site. Her conclusion was that the site should be signed, "no entry to trucks during public business hours" I find it questionable that large vehicles will always comply with the signage, caus- ing problems on the site that could then spill over onto the local roadway. The City will have little control or recourse in the event such situations occur. Since it is unlikely Checkers will be able to control the timing of deliveries, the problem becomes particularly significant. If such trucks arrive during business hours they will disrupt interior circulation and also the local roadway, since they will back out onto SE 8th Avenue. If a delivery or garbage truck arrives in the early morning or late at night, the adjacent residential use will be subject to loud noises. The foregoing indicates to me that there are still likely to be problems with on-site and off-site vehicle movement associated with the proposed use which may indicate the site and location are not appropriate for the use. LaRue, planning 8 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) 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 Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "The proposed 1,412 SF Checkers Restaurant with a drive-through service (including 500 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." STAFF COMMENTS: I agree that a restaurant with drive-thru service is a commercial use potentially contemplated within the Commercial Future Land Use Category. However, the proposed use at this location operating as described in the Application, is inconsistent with Goal 1 of the Comprehensive Plan, which reads as follows: "Through a well-planned mix of compatible land uses, the City of Okeechobee shall continue to maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at minimum cost." Specifically, it is inconsistent in that: a. it does not represent a "well planned mix of compatible uses" and b. it will diminish the quality of the living environment of the adjoining residential property. (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." STAFF COMMENTS: I agree. Drive-through service is specifically listed as an allowable Special exception use in the CHV District. LaRu ptanni.ng 9 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) (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. STAFF COMMENTS: It has been determined that SE 8th Avenue can accommodate full access to the proposed Checkers, although there are potential problems that need to be addressed to ensure that the convenience and safety of the traveling public is guaranteed. Specifically, southbound entry requires vehicles to make a "U-turn" into the site and that there are only 44 feet available for entering vehicles to negotiate the "U-turn" into the site. Ms. O'Rourke noted that this appears to be sufficient for passenger cars, trucks and vans up to 23 -feet in length, but that larger vehicles would need to go in contra -flow (i.e., against the normal traffic flow) to access the site. Trucks entering the property in this manner during operating hours would disrupt the entire circulation pattern of the site. Her conclusion was that the site should be signed, "no entry to trucks during public business hours" find it questionable that large vehicles will always comply with the signage, caus- ing problems on the site that could then spill over onto the local roadway. The City will have little control or recourse in the event such situations occur. Since it is unlikely Checkers will be able to control the timing of deliveries, the problem becomes particularly significant. If such trucks arrive during business hours they will disrupt interior circulation and also the local roadway, since they will back out onto SE 8th Avenue. If a delivery or garbage truck arrives in the early morning or late at night, the adjacent residential use will be subject to loud noises. The foregoing suggests to me that there remain concerns as to the proposed Checkers' potential adverse impact the operation of SE 8th Avenue. (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 comer 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 pattems as similar operations are adjacent to the subject site. The following is a summary of the uses surrounding the site:" LaRuc. ptanring 10 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) (5) 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. STAFF COMMENTS: See response to item (2) on page 5, as to the Tate -night hours proposed to extend to 4am; the proximity of the menu board/loudspea S0 ij dumpster and loading zone to the adjoining residence to the ort and their attendant noise and odor impacts. Without amelioration of these factors I cannot see how the use can be considered compatible with the adjoining residential use. 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." STAFF COMMENTS: See responses to items (2) on page 5 and (3) on page 6 as regards the late-night hours proposed to extend to 4am; the proximity of the menu board/loudspeaker, dumpster and loading zone to the adjoining residence to the and their attendant noise and odor impacts, and the minimum landscape buffer and minimal landscaping. Without amelioration of these factors, it is clear to me that the proposed use will adversely affect the living conditions on the adjacent residential property. 441111) LaRue pianrling 11 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) (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." STAFF COMMENTS: See responses to item (3) on page 6 as regards the late- night hours proposed to extend to 4am; the proximity of the menu board/loudspeaker, dumpster and loading zone to the adjoining residence to the north and their attendant noise and odor impacts, and the inability of the minimum two -foot landscape buffer and minimal landscaping to reduce the nuisance impacts of these factors. It is my opinion that the proposed use is not adequately screened to sufficiently reduce the expected nuisance factors from the adjacent residential use. (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. STAFF COMMENTS: Density is not an issue with a commercial use and the proposed fast-food restaurant with drive-through service and outdoor seating for 24, while increasing traffic, should not have a significant negative effect upon public services or facilities. LaRt!e, p#�nr Lng 12 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) (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 is one (1) 32 foot wide point of access from SE 8111 Ave. This access is located towards the southeastern portion of the site is derived from an existing curb cut that will provide 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 exit. 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." STAFF COMMENTS: See responses to item (6) on page 8 pertaining to Ms. O'Rourke's confirmation that, that the full access driveway can be accommodated on SE 8th Avenue and her warning concerning the need for southbound vehicles to execute a U-turn to access the site, including the necessity for limitations on vehicles greater than 23 feet in length entering the site during public business hours. I find it questionable that large vehicles will always comply with the signage, caus- ing problems on the site that could then spill over onto the local roadway. The City will have little control or recourse in the event such situations occur. Since it is unlikely Checkers will be able to control the timing of deliveries, the problem becomes particularly significant. If such trucks arrive during business hours they will disrupt interior circulation and also the local roadway, since they will back out onto SE 8th Avenue. If a delivery or garbage truck arrives in the early morning or late at night, the adjacent residential use will be subject to loud noises. 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. The foregoing indicates to me that there are still likely to be problems associated with on-site and off-site vehicle movement associated with the proposed use which may indicate the site and location are not appropriate for the use. LaRue planni.ng 13 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) Recommendation Based on the foregoing analysis, I find the requested Special Exception to be inconsistent with the City's Comprehensive Plan, not appropriate for the location and site, and not compatible with adjacent uses. Therefore, I recommend denial of the Special Exception Application for a Checkers fast food restaurant with drive-through service on the property located at 100 SE 8th Avenue. Submitted by: .fir ----- Wm. F. Brisson, AICP Planning Consultant May 9, 2018 Board of Adjustment Hearing: May 17, 2018 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses LaRue !?}q9 14 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY En MULTI r- FAMILY COMMERCIAL INDUSTRIAL PJJSUC FACILITIES [1 RESIDENTIAL. MIXED USE LaK pl,angi:eng 15 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) ZONING MAP SUBJECT SITE AND ENVIRONS ZONING Q c02CCVV SVC; TICS orra JCT © c v- YtEAir CCVV:RC1Fl [.. .J CLT - LUGtKT CCVV,RCA11 CPG -CO!. V PAOF_331C%AL CITI CE 7/4 R} • YfO:ONC, re) - INO=rJAL F _ ' PL/3 - PUDLC FA CIUTIE3 PU7-VCl:-0 PUZ-R O PAH. CEYTNL WJLTVAVILY t V M - R_3ID_v'IAL MOECE 1.0 VE RS f1-R:S:=INITALCAGLE FAVILY !.S72 • RE.S...E.YITAL *.IxGLE FAVILY LaRue panning 16 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) EXISTING LAND USE SUBJECT SITE AND ENVIRONS LaRue ptanriing• • 17 nevts(Pa i n-ry rrttioYi mei vea i o► 1 a City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 9820 Fax: (863) 763-1686 Date: Petition No. i t6_001.6r- Fee Paid: Jurisdiction: g A 1st Hearing: 2nd Hearing: Publication Dates: Notices Mailed: Exhibit 1 `` = Rezone;. Special Exception'and Variance ` .:..,_.._.....`APPLICANT.INFORMATION. :.r_ ....,_,.._, ., 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): WGI/ Lindsay Libes (agent) 6 7 Contact person daytime phone(s):561-537-4542 (agent) `PROPERTY;,INFORMATION.. >: 34974 Property address/directions to property: 100 SE 8th Ave, Okeechobee, FL 8 Describe current use of property: The property currently consist of two buildings that no longer provide the services of the prior uses of Retail (party supply store) & tax office. 9 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. Demolition of the two existing buildings for the addition of a 1,412 SF fast food restaurant with a drive through service (including 500 SF on outdoor dining space). Okeechobee Source of potable water: utility authority Method of sewage disposal: Septic Tank 10 Approx. acreage: .6 Is property in a platted subdivision? TLotsaylor Creek&3 MLess anorRoad( PlatR/W Book 3 Page 4) 1.2 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 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 13 Describe uses on adjoining property to the North: North: State Road 7ROW / Residential Mobile home park East: SE 8th Ave ROW/ Commercial plaza (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, property? (x )No ( )Yes. If special exception, variance, or site plan approvals on the 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 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 Printed Name Lindsay Libes Date DI -30 .1{ For questions elating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 11 :REQUIRED ATTACHMENTS . <` "'. :.• �. 18 Applicant's statement of interest in property. 19 Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signatpre Printed Name Lindsay Libes Date DI -30 .1{ For questions elating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 11 Petition No. 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 day of January , 2018 �(/ 1 � /� Signature of Applica WGI Lindsay Libes (agent) Name of Applicant (printed or typed) Q�•7-A•13 Date State of Florida County of Okeechobee Sworn to and subscribed before me this � day of )AUt'5' 1. � own to - or produced as identification and did not take an oath. Nota Public, State of Florida (Rev 9/2017) Seal: Vig PAULA MILIER ^„'�°'+= Notary Public • State or Florida Cortimiselcn a GG 047597 My Comm. Expires Nov 29, 2020 Bonded through Napontl galaxy Assn. Page 3 of 11 City of Okeechobee 55 SE 3`d 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: CeII: 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 DAY OF January 20 HAVE SET THEIR HAND AND SEALS THIS 24th / Or-- _ar _ �1�(8.l OWNER ,,f �' : Carl Lee Windham, Jr Sheryl Zavion OWNER Before me the undersigned authority personally acknowledged before me that they are the owner(s) power of attorney for the purpose stated therein. 1 1\ Notary Public: t I '1� �� WITNESS appeared the owner(s) named above who upon being duly sworn of the real property described above and that they executed the Sworn and subscribed thisd t-1 day of r 2018. .„t111111///j/ \IH.sr, 1(.1" f C, SEAL %* e ��SSiO4. N'•�90%. Commission Expires: 14'--3 —19• Ivo 0oher3,? (Rev 92017) Page 5 of 11 A ADDITIONAL 'INFORMATIONREQUIRED FOR ASPECIALEXCEPTION Describe the Special Exception sought: To permit a 1,412 square foot the use of a fast food restaurant with a drive through service (including 500 SF of outdoor dining space) ha. Re. qQ-ag6( is Drive. -I-hroup�t Serviizt, B Are there similar uses in the area? No LX ) Yes If yes, briefly describe them: J Approximately 530 feet West of subject site is a fast food restaurant with a drive-through service (Burger King). C If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: The proposed fast food restaurant with a drive-through will provide convenient food services during the hours of operation of 10 am to 4am (Monday -Sunday). The number of employees range from 3-7 employees during a single shift. The designated 500 SF outdoor seating area will accommodate any activities conducted outside the building. D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. 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: 1. 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. 3. 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. 6. 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. 7. 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. 8. 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 Tight of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70-348(4)] (Rev 9/2017) Page 9 of 11 PARCEL NUMBER 3-22-37-35-0260-00000-0080 3-22-37-35-0260-00000-0060 3-21-37-35-0020-02520-00A1 3-22-37-35-0260-00000-0040 2-15-37-35-0A00-00008-0000 2 -15 -37 -35 -0A00 -00008-A000 3-21-37-35-0020-02520-0OA0 2 -22 -37 -35 -0A00 -00013-A000 3-15-37-35-0010-01490-0100 3-15-37-35-0010-01480-0010 OWNERNAME B & T FAIR INVESTMENTS INC NTSINe LOOKTHEREINC ✓NYERS DONALD (DECEASED) ✓WRJ SALES INC C SOUTHRNEMANAGEMENT CORP ROYALS O K LUNCH INC ✓RUIZ INVESTMENTS LLC ✓4 GIRLS PROPERTIES LLC Ckeckod QoLLn _ to 4-7-18 ADDRESS 1403 SE 8TH AVE 1403 SE 8TH AVE 5205 BABCOCK ST NE 102 SE 8TH AVENUE 600 PACKARD CT 600 PACKARD CT 324 SW 16TH ST 324 SW 16TH ST 625 NE PARK ST 701 NE 3RD ST CITY OKEECHOBEE OKEECHOBEE PALM BAY OKEECHOBEE SAFETY HARBOR SAFETY HARBOR BELLE GLADE BELLE GLADE OKEECHOBEE OKEECHOBEE ST ZIPCODE FL 349745313 FL 349745313 FL 32905 FL 34974 FL 34695 FL 34695 FL 334302824 FL 334302824 FL 349724547 FL 349744576 once address 'Hut teeo c_i -Fn tce, Cr 4- pd ife-f- <• �U< .a • M.rr.n1111▪ 11 11/wI IO.-a1.lir. 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This red 1s given n sub ect; however to r. <�+ g 3 c , govern, went gig/ of way of Tayl~or_°vC'r�ae1t, being a part of 9ove' ent Lot 3, Seeti''422, Township 37 Sou ange 35.Eaat. • • 'MOW. a.11h au`;.= ;� trt.r npprrtnlnlna enrmrn • To have and to Hold, rlhr Mame In f1'•• m`f lrtl.�r Dap li.n f, .,,r heroiy carmine: u•llh 1oi n:ant.`v; Ilmlllilr amnior Is law tfy) :et1 of tali /anti in ire slmplr..tlat If.. n.nntor hos visa riyltt nii hew ul ni'IIo'rtty to sell anti ronv .,a land; that the � a+_-�r�i r�� t� �7 ernrdnr 1rrrhy1011y s nrrnnt, the 11110 to �t,LU1nnd did ndll r7r ttfliflrr same onal n�(..�JIhi:'T,Iau ful clafnu of nil tx•rsoga u•hnmmrlmr. nnll stmt softs 1nril Ii fi' of all rnruaiohlittnii rarrpl ln_ o'°ir`rying sufsr/tumt • 1. I)Iv rmlrrr )l. 10 63.•."•a• ,f7i'b I..fonying or in any. in Witness Whereof, d:r sold rtmntor hot shined old 'sealed door pre:rots first .'lost written ▪ S1r1•:rv1..mitt, and drIirrrrvl in our prnenre: • r • sr 11 Ile FLOHIDA • • tail lir OKEECHOBEE .1 III:RF.av CFRIIly that on this day; before me. an (Niter duly • outhunted In IM tial. sr..r•aid and an Ihr l:.. my sforruid In late •a.inm e-cm...0N praanalil• app.arnl • ,4`..'•'''1:IDE,1-1,1l�D, aa single woman, 4. is tar Li,owr a • r be she Irel.In •d.srnlrsl In and aha raerut..1 the • •:fmi►.ino inu.yn.$.1laT01 ane aAnarkderd bd., w Ihat Tho 4.1%. • C te1•f1i•ES my haad and Wid.*I Brat In the Courcy end • • •; �S� 4. Lut arnrrlant thl.. • 13tt'f day et a say' p , A. D. I9 •••' 4'•n.n iia�a E Mil _ • . , 411r:_s....• .. __— .. ._ Notary Pu ale of Florida it Lat0.s I y eommu•on t:apsea M$.ct, a. 196$ ' WWII INAMeticansmrtyre.ofli,IL I DIRECT l lj INDIRECT 'AI' mu; year vaSc +wlaw eos nao•ot1$ Irtt a 0 :.a INDEXED & VERIFIED ' •y. • h • r�r�.L..a .. .�.:.a.... ....1.a •... ....•• • i. .. i t EL. IDA • .rexcnracceames •t:r Maait.Nrioters 1.oNta. ?...o..n :3his Warranty Deedneva. ;tie • • BQ:'X •fZbl PU11,7 22nd day of , March - • 4.• D. ti 731* • J. H. WARD. it 'single man, ' . • hereinafter rolled the gmntor, to ' ' '' ' • NORA D. ABNEY and. BENJAMIN. P. ABNEY, SR., ae'joint tenanta,irith • right of eurvivorabip, •. Whose poslofftre address is P. 0. Box 685, Okeechobee, Florida 33472• •hereinafter tolled the 0rontr.: IO'Mwrr .•.d%N.i.M ,rrw 4. •• ..d •••/,..r .... • • et .M rr.. M w.e....t.r1. • teitnesSeth: That the grantor. far and In tonaIdeml• loei of .die swn ori 100.00 ted arlur . ‘,431,1., considerations. receipt whereof is hereby c$$nomledged,'heroby grants. &arpahu. •. s.'ailans. re• adzes; relearn. convey: and conftrnu't nt° the granite. all that certain fond situate In Okeechobee • Coo..0. Florida, oh: • --- • YLOR CREEK MANOR, according to plat ^let Book 3,•page 4, public'recorde ..of Okeechobee Count E,.`. yloride.. • • • Lote �1 a A and 3 T • ther eof/recorded in e --L • ;'SUBJECT;to,R etrietionae.Reeervatione and Easement. of record. SUBJECT to Right=oft=flay for,. Tay"tor Creek. err . Together '..n&.l! Ih:ii niin itlments and Wls. appertaln!ng. • TO Piave and to hold,' IA. aaa. to „,,.,.,..w.. , .....- ilnd • the grantor hereby covenants Wllhuafrllpronlr.�al.lh. prolorj •lowfutly seised of sold fond• • In he slapie; Ant Ilse 'Cronies` has pond Ngl sici lawftiNt hbrlly to s.t14a ionvey.saldland; AMA* rentor h.rod h'*. �'_;+. f 0 y full] Wmranfs the 1l14 b as iarsd and Wlfl�f.nd lh�jsam. agt[n,l Ih.,faW(uI cWm. 4 . ll D.tembte a 31. 19. and that said fond is (m of all inure b4r�c'irisr p i`ktw'�,accruinga. acing suhwpu.nt • • FILED Fl! if ECORD . ' • CHEEC:i thence belonging or In'any-. • • 087923 • •••1913r1°�3 Ali 8:37 Li; .:;;:ir a �a7131 In MinasUlhereof, cls. saki grantee/1;u signed andl:d Antpres.nh aha day and year, hit .bot•. Wrtlhn.. • - y' Signed. sealed and d.lto.rod In our pitmen; • . 4 ' . STATE OF . RI couNry op • OKEECHOBEE • • • • • 1 HEREBY CERTIFY that en this der. beloie tree: an ureter duly autl.erind it. the State af.m.id and in the County aforesaid to take. •rertedfT.n", personally appeared •:,•''•••• .3r' 1(:. WARD, a einglp 'mane •• semi % Men •Io be the person de.crbed in and rho tiee..led the twitoroa Josn..ment and he • eelnerkdted before me that he • rota snow toe NW.ans ort . ii it:6:iVi:.: 'i TTE OF 'I.•Oc'II:1A1. •^ ghU:EPJARY::c STAMi' TAXI ii[, +;� i 1 �t:,•;�;•16o.0. : 6 0.0.0 1 • eatery de arms. •• -.��; •'— tOCU:NEl.1ARY� • ..d t.• •WITNESS my k..d and a1Gew oral In the COMM" tad . r= 4''�`.•' � �U:�.1r,Y, Shtt:Wi afateaid this da ar • = .,;'• t fl(7HIJ.� • 22nd y March • A• D.Is' 73. • '� «. '; t. IIAn•rr» rt I: 2 2. .6 DI o 'II•ISH 1'IIJ %%% • IkGry AS& Sistt of Hol ds d large pt's larinlrnetri pre /r7! I' : • My C.amhiros E.gitu Wet 6.1976 • .• ,tn, TOM W r ELY 111 — l.•..t...,�,a gt,. �..r, F„ ,� 140 ei�E527 •201 W. 2nd Street • . QheerhQbr$, fl9tld3 MU• '• • • •7 • • Book 146 Page 528 Was Missing • Rectos s5• J. #a/G.°' WARRANTY OCCD 1001710. TO 1001710 This Warranty decd Mule the NORA D. ABNEY and BENJAMIN F. ABNEY, SR. Call 238 na 825 RAMCo ►ORM CI •18th tiny of December A..1). l0 80 Ly ►irrrinnftrr rolled Ihr. 1)rnntur. In lC. LEE WINDHAM1 whose postoffire address is 100 S.E. 8th Avenue, Okeechobee, Fla. 33472 hereinafter rolled the pennies': ,WA wl Lrrnn sh• ram. ••rani,." and •Yrantn' irlmL alt the pilin to s6:. ia•Uumr,l and IM heroIctal rrpuvn..n•r• and +4....I indi.idud•. malt 111 •..•r....es vol a.•ita..l terpuradnnit • Witnesseth: ilial the tpanlur. for I Gr consideration of the sum of S 10.00 and other minable considerations. receipt whereof is hereby ark 'haloed. hereby pro;ils. bargains. sells. aliens. re. mites, releases, conveys girl confirms unto the grantee. 011 that certain land situate In Okeechobee County. Malta. vt:: Lot 1 and the N 1/2 of Lot 2, 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, in Section 22, Township 37 South, Range 35 East. LESS AND EXCEPT right-of- way 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 with all the tenements. hereditament' and appurtenances thereto belonging a1, In any- wise nppertabdnf. To Piave and to Mold, Ilia same in fee simple forever. End Om grantor hereby covenants vrith ants! In far simple: that the grantor has good ►ighl owl !trustor hrrchy fully warrants the 11111, to Bald land all persons whomsoever: and That void land 1, free to December TI. 10 79. grantee that the grantor Is lawfully set:cd of said land lawful authority to sell and convey said land: that the and will defend the same against Ilia lawful claim of of all encumbrances. except taxes accruing subsequent fit' '1 t11•�'. iTAfr:i�lrl�( `• ,1 1•'1k111 • - r Cita. t1, In Witness Whereof, the said sunnier has signed and sealed these presents the day and year first above written. Signed. s.. led and deflower: in our presence: ,, r/ //� / .Itfs'� SiKIF. OF FLORIDA (Y)t. NTY or OKFffaIOBEE Ara D. Abney . ..g. 1 1t1atF.IIY CIATII'Y Out on 'hl, day. before m1,, an tatter dull —. auit.otirrd In Ms Stew afo •d and In Ihr ('aunty 'Inrush! to lair arknuwkdsn.rnur ier..mitr sppraint NORA D. ABNEY and BENJAMIN 1'. ABNEY, SR. •::,'.7.....,:.,,,, • ' C. •pl imr knpwn vs +e the osteo. 13 tiro id.rd in .n'i rhe tart until Ihr ••Ietrnnlhs ,nnntn•rnl tool each s. kremledird Ie otr our that they .• r.rtut4.IV um..cel •$I•S►.F)i, •; • WITN1. . nil 'hind Arad ole. IS a in lhr t:uunll and s s1Alr•lall afGflai•1 tin, 18th do et �� ,(NOTARY_ December ,.-.-3241..P,. - s� .stAL) • 1,i . 1 : • , •ice ./ ,1,/' . i ; i :'"LA'+'Notary Pub 1100!":4 Florida ,sem '• 'r1)})i'Ynvruinenl•Y�'. i n ' x1' MLN. Stale al flo-a it ler; :.• h TOM 6 CONELY. 111 !Ar (=mime f r;.mt !Is r I..: WJn.' 207 tat 2nd Street i...8./ I. •_'..• '. a • .. . 238 ,.•.1825 Okeechobee. Fla. 33472 -J 0) .11 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. • • 5 E • N 0 l°: 246 Pit: 488 .t WARRANTY 01:CO IANCO P01114 01 INOITIO. TO 1N0.Y1O •- , This Warranty Dred dlnda i1tr ;.i tiny of DECEMBER rt. l). pm by NORA D. ABNEY and BENJAMIN P. ABNEY, SR., Wife and Husband hrreinnfler rolled 111, prnnlur• In C. LEE WINDHAM whist ,nlshrjfrrr addrr„ 1, 100 Southeast 8th Avenue, Okeechobee, Fla. 33472 hereinafter tulle, On• grimier: • tut uw.l Mtnn do lnm. • .,..1.4•• ar..I ' ,..I.• ;whit,' 611 do 1.110..1n 0.1tmN.nvr1 er.1 Ow WeeIwral Irryrv.mI.ln and ...ism. n1 indoidml...o.l lht .u.er...n ANN A+im. rd n•t pl4aIn••4 flitncsscth: T not t IP trlminr. for owl in en,ul,h•rnitm, of the rum of $ 10.00 and other rnhmhlr r,lrlsfd,•r/11I11s1,. receipt u•lb'renf Is hereby Ina 44041. lb•,rby {,roost. l.ntllntn,. sells. altr,u. re• mfses. releases. 'conveys. and millirem Ulan the it ' Irl, all dna rrrinsll !Ma 'lunar in Okeechobee County. t'lorl,,n, r1::• 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. • • • STATE: 5 LORIOA' ,14", DOCU?AENiARY.,::::STAMP TAXI rtI1.af 10.YLlnut • ; �''`l r) ,m^n se.• ,n =GIC71�! `s' z 61. 001 ; • hxv.. 2 —1 11.1 Togetherud li''all the 'fenemrnts, heieditaments and appurtrnanees Ihrrrto .hetonglno or. In any- •. ny- In fee Intte, forever. u%isr appertaining. • T0.Haut anal() Hold, the T �d the grantor Igrehy cooenansoldistron'te lhol.,tile grantor is lawfully seised of sold land In fee,slmp,af•% that the p "nlor,has¢goaifk Ight an,�tlawflsl ouJlip�r�]C!j%;�lo•sell and'eont•ey said land: that she grantor hereby fully u•arrartalh, . 111;'Io old ndf a 7tl LL.ill delerlilfilie same agofniI the •taWfuf whams of all prisons whnmson•er: and that said fond enrumbroncrs. erfr\pl lazes accruing suhseQuenl • to Iles -ember 31, 19 BO. • in • ItriPSS Shercof,she sold prontor has signed and sralesfrikss present" the day and ria? • stet ahoy. written. Signed, sealed anJ 4. i'erreit in our presences • il(tnc65 Z.... aye! �G� '`:_� '• `vL / Witness , `fl%`.'' 1STATC or FLORIDA cot:.TY ur HIGHLANDS • . 1 HEREBY cER71tY sh,l un shit da,, (111(1, nu, an otbra .INh maharani in she Stair afweaaiJ and in she Comm, Abe.uiJ so salt •eil.o+kd1u.rnu- 1lundlr ipprued NORA D. ABNEY and BENJAMIN P. ABNEY, SR., Wife .and Husband • . .43 :R41001,0 W be sf.r I.rew.A15 den Nio.1 •i,t Al whir r.teulrd 11.1 taifkoiri isefran.ent .m1 each .•Iw.In l,,4 I. ..r Inc that they ::•.via"d f40.:11io -•• :..441.INLSS an) 144.1 .t..1 i.I31{41 NAI an lh, l..un1, anJ it/ . i I: y• 1s,I (8.8 stonssiJ Ihn•• _ dor .I ' DECF,'t1ER . =T1 "81 . • fI'�7iARY SF/11.1.• '':I `'''' • 'LI 'I 1"\CI\.. tall'•- . ' oter rug on Expireg: ji', •/n•Jri+uu'rrl l'rs�rmJ !'Y n.ul l l e_ht, Sats it Ik1►is at lust . ,rj W. C°* -LY, 111 Kt t4•^41164 Wins $theater 2i. 19b4 'Add" 207 7,14 2nd Street r is If sl:: fb3 Okeechobee, Flurtd4 33472 • N • .\� _ .1. _y,.. N'.ti.i::."'',..� 1 a ..vs:/WiJ.�.�.1�'lt.l.i l: t..•.i.::.�...�_t ». .. :.\..r 41• 1: • INyfHEE;'NINESITENTH JUDICIAL CIRCUIT COURT IN;AND`FOROKEECHOBEE COUNTY, FLORIDA IN RE: THE ESTATE OF CARL LEE WI—IiHAM, SR. Deceased. PROBATE DIVISION CASE NO. 94 -076 -CP NOTICE 0 SESSION TO WHOM IT MAY CONCERN: Please take notice that possession to c_ follows: R 365 ivr6Ji perty described as Lots 1, 2, and 3, Taylor Creek Manor, according to the&pI'at thereof recorded In Plat Book 3, page 4, of the Public RecordO f Okeechobee County, Florida. has been surrendered to the person presumptively entltriLeto, that• being CARL LEE WINDHAM, JR., whose mailing address Is 13p.i.Box 2743, Tallahassee, FL 32316, as permitted and provided by Section 733.607, Florida Statutes. The effective date of such surrender of possession Is February 28, 1995. CARL LEE WINDHAM, JR. ✓ as Personal Representative STATE OF FLORIDA COUNTY OF LEON The foregoing Instrument was acknowledged before me this Zc"day of March, 1995, by CARL LEE WINDHAM, as Personal Representative of the Estate of Carl Lee Windham, Sr., who Is personally known by me or who has pro- 0 40' GRAPHIC SCALE 1"=20' STATE ROAD 70 CONCRETE ,y • CONCRETE 2.0.0.1. R/W MAP SECTION 9)070-2514 C88(06EETE ASPHALT PAVEMENT N 1166 SECTION 22-37.35 N89. 49'17"E S89_54'49'W 471.7610) Ili. ly IR. Ii 0. iy la oa I �°� 9" ' `FOUND N/D RIGMT-02-WAY' ti`G J/ . (DRB 217, PG 175, OCR)® ry �} - 7805 I AA 447.84'tP) 447 477C) /489.4947"E 130.4V 6'coNCRETE SWK ryry• r..:t.,,,,,,,,,:,,,_,..7,805 ` �, �• �'++ .62'40) 4M1 r" o 15' UTILITY EASEMENT n (ORB 246, PG 897, OCR) 45.35'41'2 35.04'(0) ASPHALT PAVEMENT X881150 1 1 • M ) �M1y i,¢tp 22.92' u) CBE jt6 p115.14') 19.84' IN 15" R 4')1 I W O 1 21. vi o ( ; !i 1'4 t] P.0 P) OUNO N/D B 'J805 1 S � I ' til 1 4V 11 e PAVEMENT :4 1996 iryo1 , 1 1 R-601.12' 1 I L-49.92" i 'I D-04"4530 Q! 0'1'Im'. i1 1 E -Fry' ry°' 1 RC 589.49.17"W 178.15' ���`-APPROX LOCATION PRM (NOT FOUND) • (P.8.3, PG. 4, O.C.R.) PARCEL • 3-22-37-35-0260.00000-0010 FLOOD ONE AE 885E FLOG, ELEV•16.2' FLOOD ZONE X 201.17P) AP ^ • X LOCATS)N A. OF 'ELAPIOATEO ,y, Q WO . DOCK , +7, ( / L — �o ! S / 2 / MPROX LOCATION GOVT R/W TAYLOR CREEK (P.8.3, PG. 4, O.C.R.) NO DIMENSIONS .43 187264620 600068 89' 49'17 SHED 'W.F, 218.15' 218.15'(P) }}rya / F8155 5)18 (0.20.6) i ASPHALT PAVEMENT RM -19.44' INV -14.87' NV -14.93' P OWNER:DONAL• D MYERS60DEECCEEASED)4D 4 1 STORY 61010(NG FF ELEV-23.02' 1: SET N/D 18 7264 517E 8M ELEV-19.92' SET N/0 L8 7264 SITE BM ELEV-20.12' 1 200650MM 600 N/D PN'J,6ORB SEC 22-37-35 j 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 descrlbed in OtfiicialRecords Book 217, Page 175 of the public records of Okeechobee County. Florida. NOTES 1. 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 15 SHOWN ON THIS PAGE. 3. COORDINATEHSYSTEM,, 88SEEON DEONAOBSERVATIONST0)' NOSAMONUMENTS V-528 AND 0-22. 4. ELEVATIONS SHOWN HEREON ARE BASED ON NGS BENCHMARK V-528 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 I HANDICAP SPACE. 7. PROPERTY ADDRESS I5, 100 SE 8TH AVENUE, OKEECHOBEE. FLORIDA 34974. 8. PROPERTY CONAINS 27981 50UARE FEET (0.642 ACRES) MORE OR LESS. 9. ASEREFLECTEDAONETHE PLAT OF CREEKFMATAYLOR OR ISCNOTKKNOWN. TITLE INFORMATION TITLE COMMITMENT • F172216-1713764 PREPARED BY ALL1ANT NATIONAL TITLE INSURANCE COMPANY EFFECTIVE DATE. NOVEMBER 7, 2017 a 6,00 AM • BOOK, PAGE DESCRIPTION APPLIES7PLOTTE07 B PB 3 PG 4 PLAT YES YES 9 ORB 246 PG 897 UTILITY EASEMENT YES YES FLOOD INFORMATION COMMUNITY NUMBER , 120178 PANEL NUMBER , 12093C0480C DATE OF FIRM , 07-16-2015 BASE FLOOD ELEV , 16.2E LEGEND ® STORM MANHOLE © CONC.01(1)1Y POLE ® WOOD UTILITY POLE m ELECTR(6 HANDHOLE ® WATER METER M WATER VALVE ,5_ FIRE HYDRANT 4: LIGHT POLE L1 BACK FLOW PREVENTOR ® CATCH BASM Q SANITARY MANHOLE Sy SIGN TRAFFIC SIGNAL BOX ® FPL MANHOLE ---.+,. OVERHEAD UTILITY LINE • w x ■ FENCE 1----- ANCHOR ABBREVIATIONS (, ARCLENGTH ASPH ASPHALT (C) CALCULATED COG CURB AND GUTTER CB CATCH BASIN C.L.F. CHAIN LINK FENCE CONC. CONCRETE COR. CORNER 0 DELTA (CENTRAL ANGLE) (D) DEED D.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 0/5 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 TO. NYLV INVESTORS. LLC THIS I5 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 REOUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS. JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS. AND INCLUDES ITEMS 1.2.3.4,78,8.9.11. 13.16. AND 17 OF TABLE A THEREOF. THE FIELD WORK WAS COMTLETED ON DECEMBER 19, 2017. JEFF 5. HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 FOUNOW G' REVISIONS: FB/PG CHECKERS OKEECHOBEE ALTAINSPS LAND TITLE SURVEY 947 GnlMooa Road SURVEYING & MAPPING Boca Ralon, Florida, 33487 Cadauale 0) AutlwriZa60fl 80.107264 Tel: (561) 241-9988 Fax: (561) 241-5162 SEAL JOB NO SCALE DRAWN CHECKED 17186 1"-20' JSH TP SHEET 1 OF 1 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 1,412 square foot fast food restaurant with a drive-through service (including 500 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: 3-22-37-35-0260-00000-0010. 2035 Vista Parkway, West Palm Beach, FL 33411 t: 561.687.2220 f: 561.687.1110 www 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: WEST: 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. 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 500 SF of outdoor dining area with 6 tables (totaling 1,412 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. The 8' x 14' bun freezer and menu board/speaker are located towards the south of the proposed restaurant. Outdoor Dining Area The Outdoor dining area is located towards the northwest portion of the site and provides 6 tables seating 4 individuals each, accommodating a total of 24 individuals. Access There is one (1) 32 foot wide point of access from SE 8th Ave. This access is located towards the southeastern portion of the site is derived from an existing curb cut 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 500 SF outdoor dining area. Justification Statement Checkers — City of Okeechobee January 30, 2018 Page I2 .5 That calculation equals 6 required standard spaces, one of which is required to be ADA accessible (500/ 75=6). The proposed design provides a 12 standard parking spaces, of which 1 is ADA accessible. 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. Signage There is one (1) pylon sign that is located towards the northeast portion of the site. Additionally, there are two (2) illuminated signs located towards the southeast portion of the site, which provide entry and exit guidance. 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(B) 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 Checkers — City of Okeechobee January 30, 2018 Pagel3 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 1,412 SF Checkers Restaurant with a drive-through service (including 500 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. 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 1,412 SF Checkers Restaurant with a drive-through service (including 500 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 is one (1) 32 foot wide point of access from SE 8th Ave. This access is located towards the southeastern portion of the site is derived from an existing curb cut that will be provide 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 exit. 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 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. 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. Justification Statement Checkers — City of Okeechobee January 30, 2018 Page14 There is an existing overhead power pole on the east side of the property that serves the existing buildings. This power pole will be relocated and 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. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. There is one (1) 32 foot wide point of access from SE 8th Ave. This access is located towards the southeastern portion of the site is derived from an existing curb cut that will be provide 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 exit. 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 1,412 SF Checkers Restaurant with a drive-through service (including 500 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. Justification Statement Checkers — City of Okeechobee January 30, 2018 Pagel5 EAST: WEST: 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. 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 is one (1) 32 foot wide point of access from SE 8th Ave. This access is located towards the southeastern portion of the site is derived from an existing curb cut that will be provide 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 exit. 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 Checkers — City of Okeechobee January 30, 2018 Page16 JFO GROUP INC Traffic Engineering • Transportation Planning www.jfogroupinc.com Revised April 23, 2018 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 determine compliance with the Okeechobee County - Transportation Concurrency Requirements - Article V, Section 5.05.00 of the 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 8th 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. Figure 1 : Project Location 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 120, 9 and 11 trips respectively. Table 1: Trip Generation Rates " Land Use rw ITE Code Daily AM Peak Hour PM Peak ltlOW' 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 D -T Window and No Indoor Seating 935 459.20 48% 52% 33.76 51% 49% 42.65 2018-04-23 Okeechobee Checkers Traffic Statement 1005.03 Page 1 of 3 11924 Forest Hill Boulevard, Suite 10A-123 • Wellington, Florida 33414 T: (561) 512-7556 • F: (561) 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 D -T Window and No Indoor Seating 912 SF 419 15 16 31 20 19 39 Pass -By Fast Food Restaurant with D -T Window and No Indoor Seating 49.00% 251 9 10 19 12 11 23 Net Proposed Traffic 168 6 6 12 8 8 16 Net Traffic 120 3 6 9 6 5 11 The project is proposing a driveway on SE 8th Avenue. In order to determine the driveway operations and the impact to local traffic, AM and PM turning movement counts, as well as, northbound queues were collected at the intersection of NE Park Street and SE 8th Avenue. A summary of the data is included in Exhibit 4 while Exhibit 5 includes HCS analyses for both AM and PM peak hour operations. Results of this analysis are summarized in Table 3. Furthermore, based on the field data collection, an average of three (3) vehicles are queued on the northbound left turn lane. Therefore, there will be enough room for cars leaving the site to cross SE 8th Avenue to travel northbound and make a left or a right at the NE Park Street and SE 8th Avenue intersection. Table 3: Driveway Analysis 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. 2018-04-23_Okeechobee Checkers_Traffic Statement_1005.03 Page 2 of 3 11924 Forest Hill Boulevard, Suite 10A-123 • Wellington, Florida 33414 T: (561) 512-7556 • F: (561) 423-2345 • info@jfogroupinc.com AM PM EBL EBR NBL EBL ,, EBR NBL; Peak Hour Volume 14 2 2 17 2 2 95% Queue Length, Q95 (veh) 0 1 0.0 0 1 0.0 Control Delay (s/veh) 9.4 7.4 11.0 7.8 Level of Service, LOS A A B A 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. 2018-04-23_Okeechobee Checkers_Traffic Statement_1005.03 Page 2 of 3 11924 Forest Hill Boulevard, Suite 10A-123 • Wellington, Florida 33414 T: (561) 512-7556 • F: (561) 423-2345 • info@jfogroupinc.com Sincerely, JFO GROUP, INC COA Number 32276 ooti•.00i F' OR ''% No. 63422 by pigitally signed by Juan F Ortega • Date: 2018.04.23 22:06:05 -04'00': .73 . STATE OF / !� FCORIOP.G,\?� '//, !°NAL IE 0. Enclosures: Exhibit 1: Property Appraiser Exhibit 2: Preliminary Site Plan Exhibit 3: Trip Generation Rates Exhibit 4: Data Collection Exhibit 5: HCS Driveway Analysis 2018-04-23_Okeechobee Checkers_Traffic Statement_1 005.03 Page 3 of 3 11924 Forest Hill Boulevard, Suite 10A-123 • Wellington, Florida 33414 T: (561) 512-7556 • F: (561) 423-2345 • info@jfogroupinc.com This item has been electronically signed and sealed by Dr. Juan F. Ortega PE on April 23, 2018 using a Digital Signature. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic TAYLOR CREEK MANOR (PLAT BOOK 3 PAGE 4) LOTS 1, 2 & 3 LESS ROAD R/W WINDHAM CARL LEE JR P 0 BOX 2743 TALLAHASSEE, FL 32316-0000 3-22-37-35-0260-00000-0010 Okeechobee County 2017 R CARD 001 of 002 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 8 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 1 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 1 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 1 BLDG TRAVERSE CEIL ELEC 03 AVERG # I 9 I 1 BAS1993=W31 UST2003=W17 S24 BCA1993= S03 ARCH FRNT 01 . 1 I I I # E48 803 W48 $ 82480987 N15$S15 87 S9 824 FRME 03 MASONRY UD -5 # + 48 + 1 N24$ KTCH . DOOR 1 IBCA1993 I 1 WNDO . UD -7 # + 48 + 1 CLAS . UD -8 1 # OCC . UD -9 # 1 COND % 1 1 PERMITS SUB A -AREA % E -AREA SUB VALUE # 1 NUMBER DESC AMT ISSUED BAS93 681 100 681 17749 1 # USTO3 471 40 188 4900 1 # BCA93 144 20 29 756 # # SALE # 1 BOOK PAGE DATE PRICE 1 # 365 691 2/01/1995 U I 1 # GRANTOR 1 # GRANTEE WINDHAM CARL LEE JR 1 # 238 1825 12/01/1980 Q I 54000 1 # 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 6'1/2"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 UD4 BACK DT ADJUSTMENTS UNITS UT PRICE ADJ UT PR LAND VALUE N 067EPA 8 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 3 PAGE 4) LOTS 1, 2 & 3 LESS ROAD R/W WINDHAM CARL LEE JR P 0 BOX 2743 TALLAHASSEE, FL 32316-0000 3-22-37-35-0260-00000-0010 Okeechobee County 2017 R CARD 002 of 002 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 AYE 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 UNTS 1 #FIELD CK: 4/09/2014 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 116 # # SUBD 182,844 APPR FLOR 05 ASP TL CC STYS 1.0 # # BLK % 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 . # # . FAME 03 MASONRY UD -5 # # KTCH DOOR . # # WNDO UD -7 . # # CLAS . UD -8 . 1 # OCC . UD -9 . 1 1 COND % # 1 PERMITS SUB A -AREA % E -AREA SUB VALUE # 1 NUMBER DESC AMT ISSUED BCA93 120 20 24 819 # # BAS93 490 100 490 16729 1 # BAS10 360 100 360 12291 # 1 SALE # 1 BOOK PAGE DATE PRICE # # 80 875 4/13/1964 Q V 1 # GRANTOR WARD EDNA # # GRANTEE WARD J H # # 1 # 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 UD3 FRONT DEPTH FIELD CK: AE CODE TOPO UTIL YRPL UD4 BACK DT ADJUSTMENTS B002 - NEW A/C 2013 UNITS UT PRICE ADJ UT PR LAND VALUE Exhibit 1 Page 2 of 2 LOCATION NAP .ns /./••••••• STATE ROAD 70 0 0 NN. 1, .0 µ ••• • I I n 1 • ‘71-.FEESS= • 1.1•71•CiaLlia.,..111.4 EOPI.4 WA, COMIRCIO• SITE oArn "171.7r1 -X- - M....Mc= SHEET SP -1 Exhibit 2 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 13 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`;x; entering, 50% exiting Vehicle Tri P 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 1 Study Site Fitted Curve Equation: Not Given 2 X = 1000 Sq. Ft. GFA 3 4 - - - - Average Rate R3= ,... 94 Trip Generation Manual 10th Edition • Volume 2: Data • Office (Land Uses 700-799) Exhibit 3 Page 2 of 13 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 Vehicle Tri p 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 X Study Site Fitted Curve Equation: Not Given 2 X = 1000 Sq. Ft. GFA 3 4 - - - - Average Rate Rz_ MEI Trip Generation Manual 10th Edition • Volume 2: Data • Office (Land Uses 700-799) 95 Exhibit 3 Page 3 of 13 Small Office Building (712) Vehicle Trip Ends vs: On a: Setting/Location: Number of Studies: 1000 Sq. Ft. GFA: Directional Distribution: 1000 Sq. Ft. GFA Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. General Urban/Suburban 17 3 32'I, entering, 68% exiting Vehicle 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 20 15 u) c w I 10 5 X X X X X X X X 00 Study Site Fitted Curve Equation: Not Given 2 X = 1000 Sq. Ft. GFA 3 4 - - - - Average Rate R'=^^" 5 96 Trip Generation Manual 10th Edition • Volume 2: Data • Office (Land Uses 700-799) Exhibit 3 Page 4 of 13 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 it Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) 137 Exhibit 3 Page 5 of 13 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. GLA: 453 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GLA Average Rate Range of Rates 37.75 7.42 - 207.98 Data Plot and Equation Standard Deviation 16.41 60,000 50,000 cn w 40,000 o. 1- 30,000 20,000 00 500 1,000 1,500 X = 1000 Sq. Ft. GLA X Study Site Fitted Curve Equation: Ln(T) = 0.88 Ln(X) + 5.57 Fitted Curve - - - - Average Rate R== 0.76 138 Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) Ode.1•111101111111, — Exhibit 3 Page 6 of 13 Shopping Center (820) Vehicle Trip Ends vs: On a: Setting/Location: Number of Studies: 1000 Sq. Ft. GLA. Directional Distribution: 1000 Sq. Ft. GLA Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. General Urban/Suburban 84 351 62% entering, 38% exiting Vehicle Trip Generation per 1000 Sq. Ft. GLA Average Rate 0.94 Data Plot and Equation Range of Rates 0.18-23.74 Standard Deviation 0.87 1,500 500 X XX X Study Site X 500 X X X X 1.000 X X 1,500 X = 1000 Sq. Ft. GLA Fitted Curve - - - - Average Rate R2= 0.50 Fitted Curve Equation: T = 0.50(X) + 151.78 Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) 139 Exhibit 3 Page 7 of 13 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 3.81 Data Piot and Equation 0.74 - 18.69 Standard Deviation 2.04 8,000 8,000 113 w w O. F j1 4,000 2,000 00 500 1,000 X = 1000 Sq. Ft. GLA X Study Site Fitted Curve Equation: Ln(T) = 0.74 Ln(X) + 2.89 Fitted Curve 1,500 2,000 - - - - Average Rate R2= 0.82 140 Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) Exhibit 3 Page 8 of 13 Table E.9 (Cont'd) Pass -By and Non -Pass -By Trips Weekday, PM Peak Period Land Use Code 820—Shopping Center SIZE (1,000 00. FT. GLA) LOCATION SURVEY DATE INTERVIEWS lWEEKDAY NO OF 921 Albany. NY July Aug. 1985 195 108 Overland Park, KS i July 1988 118 Overland Park. KS Aug. 19E8 Greece. NY June 1980 100 Greece, NY June 1988 850 Greece, NY June 1588 111 123 120 78 117 51 Bae Raton. RL Oec 1987 110 1.090 ROU Twp. PA JuN 1988 411 97 Upper Dublin Twp. PA 118 Tredy84n Twp. PA Winter 1988189 Writer 1988489 122 Law81)dS. NJ Winter 1988/89 125 Boca Raton. FL Writer 1988/89 180 Willow Oram. PA Braward Croy.. FL Winter 1988.89 Winter 1988889 163 184 Arden. DE Doylestown. PA Winter 1988789 WM1er 1988789 164 Middletown Two. PA Writer 1988789 166 Haddon Twp. NJ 980011948/89 208 Broad Cmy. R. WM67 1988189 TIME PERIOD PASS -BY TRIP (%) NON.PASS.BV TRIP DN ADJ. STREET PEN( HOUR VOLUME AVERAGE 24-HOUR TRAFFIC SOURCE PRNMRY UI2ER"ED TOTAL 4.006.00 p.m. 23 42 35 77 — 60,950 Raymond Keyes Assoc. 430-8130 P.m. 28 61 13 74 — 34000 — 410.690Pm. 25 55 20 78 — — — 400-BUOPm. 38 82 — 62 — 23.410 Sear Brown 4100.600 P.m. 39 71 — 71 — 57.308 Sear Brown 4:00400 pm. 48 52 — 52 — 40.763 Sear Brown 4:00-000 Pm 83 34 33 97 — 42.725 Ki Assoc. mend Asses. Inc. 2'00-8:00 p.m 94 58 10 428 — 81,500 VAIDur Smith and Assoc. 400400 pm. 41 — — 59 — 34,000 McMahon Associates 4:054:00 Pm. 24 — — 75 — 10,000 Baez Allen S Hamilton 400-8100 p.m. 37 — — 63 — 20,000 Pennon, Associates -80 4000 p.m 43 — — 57 — 40.000 McMahon Associates 4'00.800 p m. 99 — — 51 — 26.000 Bao[ Alien b Hamilton 400-600 p.m. 60 — — 6o — 88,000 McMahan Assopaten 4:00400 P.m 30 — — 70 — 28.005 04h Rodgersb Ass. :nn. 6. 4.00.00 p m. 32 — — 68 — 29003 Onh'Radgers b Assoc. inc. 4,00-6:00 p.m. 33 — — 87 — 25.000 Boca alpn b Hamilton 4:00-8:00 p.m 20 — — 1 80 — 8.000 APenno es 400400pm se — — 45 — 02.000 McMahon Associates Table E.9 (Cont'd) Pass -By and Non -Pass -By Trips Weekday, PM Peak Period Land Use Code 820—Shopping Center SIZE (1.000 I SO. FT. G 237 LOCATION W. %either TwP• NJ WEEKDAY NO. OF SURVEY DATE INTERVIEWS TIME PERIOD NON -PASS PASS•BY TRIP (X) PRIMARY -BY TRIP (X)..___ DIVERTED TOTAL AOJ. STREET I PEAK HOUR VOLUME 1 AVERAGE 2A -HOUR TRAFFIC SOURCE Wynder 1988489 , — VNnter 198/3091 400-6:00 P 400-900 Pm. 48 37 — — 52 69 — 48.000 BoOZA:len 6 Hamilton 25.500 McMahon Associates 242 WWbwAmaa 297 Whitehall. PA Winter 1988(89 = 4094:00 Pm. — — 87 1 — 28,000 i ers dA sec gees 760 Steward Cory_ FL Yler9118881891 — 4@400 p.m. 44 — — 90 — i 73.000 I McMahon :Associates 970 Pittsburgh. PA 60699r 1988189 — 400400 Pm 19 — — 91 — 33000 : VO4bur Sm,th 150 Padtand. OR — 1 519 400400 pm. e8 6 2e 32 — E 25.000 KAsslsoualeson 180 Portland. OR — 655 400-600 p.m. 65 7 3 35 — Ketelmn and 30.000 Associatesd 160 C41pary, Nberb 081.-0ac. 1987 18.436 405-600 P.m. 20 m 41 80— — I CalgaryoDOT 1 176 Bwtlewtowrt' Apr. 1989 ' 154 200400 Pm. 35 — — 65 — 37,980 : R44444 Keyes Assoc. 144 Manalapan. NJ July 1990 .. 175 3204:15 pm 32 44 24 88 — 69.347 I nAswc. 549 Natick. MA Feb. 1989 — 4:45.6:45 Pm. 33 m 41 87 Raymond — i 45'44.,.., I Keyes Assoc. Average Pass -By Trip Percentage: 34 —" means no data were provided 190 Trip Generation Handbook, 3rd Edition It i Exhibit 3 Page 9 of 13 Land Use: 935 Fast -Food Restaurant with Drive -Through Window and No Indoor Seating Description This category includes fast-food restaurants with drive-through service only. These facilities typically have very small building areas and may provide a limited amount of outside seating. These limited - service eating establishments usually do not provide table service. 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 (Land Use 934) are related uses. Additional Data Time -of -day distribution data for this land use are presented in Appendix A. For the five 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. The sites were surveyed in the 1990s, the 2000s, and the 2010s in California, Indiana, Kentucky, New Jersey, New York, and Texas. Source Numbers 404, 713, 720, 886 200 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) INIIII IV Exhibit 3 Page 10 of 13 Fast -Food Restaurant with Drive -Through Window and No Indoor Seating (935) 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 5 1 50°%o entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates 459.20 Data Plot and Equation 95.91 - 1053.57 Standard Deviation 294.09 Caution — Small Sample Size w c w 0 H u F- 1.200 1,000 800 600 400 200 00 X Study Fitted X X X X x 0.5 Site Curve Equation: Not Given 1.0 X= 1000 Sq. Ft. GFA - 1 5 - - - Average Rate R'= "••• 2.0 .iceimor= Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 201 Exhibit 3 Page 11 of 13 Fast -Food Restaurant with Drive -Through Window and No Indoor Seating (935) Vehicle Trip Ends vs: On a: Setting/Location: Number of Studies: 1000 Sq. Ft. GFA. Directional Distribution: 1000 Sq. Ft. GFA Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. General Urban/Suburban 4 48% entering, 52% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate 33.76 Data Plot and Equation Range of Rates 17.37 - 52.79 Standard Deviation 15.88 Caution — Small Sample Size 202 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) itemomiriiMpr Exhibit 3 Page 12 of 13 X 80 60 N c tu a X E- I X 40 X 20 00 0.5 1.0 1.5 2.0 X= 1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation: Not Given R==+**• 202 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) itemomiriiMpr Exhibit 3 Page 12 of 13 Fast -Food Restaurant with Drive -Through Window and No Indoor Seating (935) 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: 11 1000 Sq. Ft. GFA: 1 Directional Distribution: 51% entering, 49% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates 42.65 Data Piot and Equation 10.23 - 196.67 Standard Deviation 34.86 a c Lu a F- u t- 200 150 100 50 00 ': Study Fitted Y X X X X - X X "-x' X 0.5 Site Curve Equation: Not Given 1.0 X= 1000 Sq. Ft. GFA - 1.5 - - - Average Rate R'= """" 2.0 ite Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 203 Exhibit 3 Page 13 of 13 KMF Traffic Group, LLC Stuart, FL (772) 221-7971 Manual Traffic Count - All Traffic N Park St and NE/SE 8th Ave Okeechobee, FL File Name : NE8PK Site Code : JO1808 Start Date : 4/19/2018 Page No : 1 08:00 AM 08:15 AM 08:30 AM 08:45 AM Total *** BREAK ** 04:00 PM 04:15 PM 04:30 PM 04:45 PM Total 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch % Total % 2 0 23 25 3 0 20 23 1 0 27 28 3 0 31 34 9 0 101 110 4 0 38 42 1 0 23 24 4 0 28 32 3 1 28 32 12 1 117 130 9 1 35 45 8 1 41 50 2 0 36 38 7 0 29 36 26 2 141 169 3 0 1 0 3 0 1 0 8 0 0 2 1 0 3 3 4 1 3 11 4 0 1 5 2 0 4 6 4 0 0 4 4 0 2 6 14 0 7 21 59 3 506 568 10.4 0.5 89.1 0.6 0 5.4 6 2 2 1 5 2 1 2 5 2 0 1 3 1 0 2 3 7 3 6 16 47 3 23 73 64.4 4.1 31.5 0.5 0 0.2 0.8 20 192 3 215 12 185 0 197 12 188 5 205 19 196 1 216 63 761 9 833 49 291 3 343 46 254 6 306 43 285 4 332 49 300 4 353 187 1130 17 1334 0 214 3 217 1 266 2 269 0 257 3 260 2 245 12 259 3 982 20 1005 61 310 6 377 59 313 8 380 49 265 0 314 51 206 3 260 220 1094 17 1331 531 3757 50 4338 12.2 86.6 1.2 5.6 39.8 0.5 46 1 267 12 280 1 253 8 262 1 293 10 304 0 255 12 267 3 1068 42 1113 2 296 8 306 1 283 17 301 0 265 13 278 5 269 12 286 8 1113 50 1171 18 4321 120 4459 0.4 96.9 2.7 0.2 45.8 1.3 47.2 460 492 497 510 1959 670 598 672 658 2598 733 736 633 585 2687 9438 Exhibit 4 Page 1 of 3 SE 8th Ave Northbound NE 8th Ave Southbound NE Park St Eastbound NE Park St Westbound Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Int. Total 07:00 AM 1 0 26 27 2 0 3 5 15 178 2 195 1 222 2 225 452 07:15 AM 3 0 29 32 5 0 I 6 14 160 3 177 0 232 2 234 449 07:30 AM 4 0 51 55 2 0 2 4 12 184 I 197 1 309 2 312 568 07:45 AM 4 0 41 45 9 0 1 10 20 250 1 271 2 395 2 399 725 Total 12 0 147 159 18 0 7 25 61 772 7 840 4 1158 8 1170 2194 08:00 AM 08:15 AM 08:30 AM 08:45 AM Total *** BREAK ** 04:00 PM 04:15 PM 04:30 PM 04:45 PM Total 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch % Total % 2 0 23 25 3 0 20 23 1 0 27 28 3 0 31 34 9 0 101 110 4 0 38 42 1 0 23 24 4 0 28 32 3 1 28 32 12 1 117 130 9 1 35 45 8 1 41 50 2 0 36 38 7 0 29 36 26 2 141 169 3 0 1 0 3 0 1 0 8 0 0 2 1 0 3 3 4 1 3 11 4 0 1 5 2 0 4 6 4 0 0 4 4 0 2 6 14 0 7 21 59 3 506 568 10.4 0.5 89.1 0.6 0 5.4 6 2 2 1 5 2 1 2 5 2 0 1 3 1 0 2 3 7 3 6 16 47 3 23 73 64.4 4.1 31.5 0.5 0 0.2 0.8 20 192 3 215 12 185 0 197 12 188 5 205 19 196 1 216 63 761 9 833 49 291 3 343 46 254 6 306 43 285 4 332 49 300 4 353 187 1130 17 1334 0 214 3 217 1 266 2 269 0 257 3 260 2 245 12 259 3 982 20 1005 61 310 6 377 59 313 8 380 49 265 0 314 51 206 3 260 220 1094 17 1331 531 3757 50 4338 12.2 86.6 1.2 5.6 39.8 0.5 46 1 267 12 280 1 253 8 262 1 293 10 304 0 255 12 267 3 1068 42 1113 2 296 8 306 1 283 17 301 0 265 13 278 5 269 12 286 8 1113 50 1171 18 4321 120 4459 0.4 96.9 2.7 0.2 45.8 1.3 47.2 460 492 497 510 1959 670 598 672 658 2598 733 736 633 585 2687 9438 Exhibit 4 Page 1 of 3 KMF Traffic Group, LLC Stuart, FL (772) 221-7971 Manual Traffic Count - All Traffic N Park St and NE/SE 8th Ave Okeechobee, FL File Name : NE8PK Site Code : JO1808 Start Date : 4/19/2018 Page No : 2 Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Int. Total 1 c 11VUI 1V1 a SE 8th Ave Northbound NE 8th Ave Southbound NE Park St Eastbound NE Park St Westbound Start Time Right 1 Thru 1 Left l App. Total Right 1 Thru 1 Left 1 App. Total Right 1 Thru 1 Left 1 App. Total Right 1 Thru 1 Left 1 App. Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Int. Total 1 c 11VUI 1V1 a uiwtaccuvu ncguta 41 V i ..iv t%1V1 07:30 AM 4 0 51 55 2 0 2 4 12 184 1 197 1 309 2 312 568 07:45 AM 4 0 41 45 9 0 1 10 20 250 1 271 2 395 2 399 725 08:00 AM 2 0 23 25 3 0 0 3 20 192 3 215 0 214 3 217 460 08:15 AM 3 0 20 23 1 0 2 3 12 185 0 197 1 266 2 269 492 Total Volume 13 0 135 148 15 0 5 20 64 811 5 880 4 1184 9 1197 2245 % App. Total 8.8 0 91.2 75 0 25 7.3 92.2 0.6 0.3 98.9 0.8 PHF .813 .000 .662 .673 .417 .000 .625 .500 .800 .811 .417 .812 .500 .749 .750 .750 .774 f - U) c w O N M N_1" NE 8th Ave Out In Total I 201 I I 151 01 51 Right Tiro Left 1 91 1 291 Peak Hour Data 1 North Peak Hour Begins at 07:30 AM All Traffic 47 T r I Left 1351 ThruoI Right 131 II I 1 1481 Out In Total SF Rth AVP I 731 I 2211 ,V -`4.m � o N 0. Exhibit 4 Page 2 of 3 KMF Traffic Group, LLC Stuart, FL (772) 221-7971 Manual Traffic Count - All Traffic N Park St and NE/SE 8th Ave Okeechobee, FL File Name : NE8PK Site Code : JO1808 Start Date : 4/19/2018 Page No : 3 Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 • Int. Total 04:30 PM SE 8th Ave Northbound NE 8th Ave Southbound NE Park St Eastbound NE Park St Westbound Start Time Right 1 Thru 1 Left I App. Total Right I Thru 1 Left I App. Total Right 1 Thru 1 Left 1 App. Total Right 1 Thru l Left 1 App. Total Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 • Int. Total 04:30 PM 4 0 28 32 4 0 0 4 43 285 4 332 1 293 10 304 672 04:45 PM 3 1 28 32 4 0 2 6 49 300 4 353 0 255 12 267 658 05:00 PM 9 1 35 45 2 2 1 5 61 310 6 377 2 296 8 306 733 05:15 PM 8 1 41 50 2 1 2 5 59 313 8 380 1 283 17 301 736 Total Volume 24 3 132 159 12 3 5 20 212 1208 22 1442 4 1127 47 1178 2799 % App. Total 15.1 1.9 83 60 15 25 14.7 83.8 1.5 0.3 95.7 4 PHF .667 .750 .805 .795 .750 .375 .625 .833 .869 .965 .688 .949 .500 .952 .691 .962 .951 To c w Z 0 i" N n L— 0 K i NE 6th Ave Oft 1 1 In201 1 Tot491 1 1 1 1 121 31 51 Right Tiro Lett Peak Hour Data North Peak Hour Begins at 04:30 PM All Traffic Left Thru Right 1 321 31 1241 1 2621 1 1591 Out In Total SF Rth Ave 1 4211 2 V Co 0t N Exhibit 4 Page 3 of 3 HCS7 Two -Way Stop -Control Report General Information Site Information Analyst JF Intersection SE 8th Ave & Project Driv Agency/Co. JFO GROUP INC Jurisdiction City of Okeechobee Date Performed 04/23/2018 East/West Street Checkers Project Driveway Analysis Year 2018 North/South Street Project Driveway Time Analyzed AM Peak Hour Factor 0.95 Intersection Orientation North-South Analysis Time Period (hrs) 0.25 Project Description Okeechobee Checkers Lanes .1 -I l.l.-/-1-LU 1 L A. A'it1YtPC Vehicle Volumes and Adjustments —,-- Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 0 0 0 0 2 0 0 0 1 0 Configuration LR LT T T Volume, V (veh/h) 14 2 2 148 73 Percent Heavy Vehicles (%) 2 2 2 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 7.5 62 4.1 Critical Headway (sec) 6.84 6.24 4.14 Base Follow -Up Headway (sec) 3.5 3.3 2.2 Follow -Up Headway (sec) 3.52 3.32 2.22 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 17 2 Capacity, c (veh/h) 832 1520 v/c Ratio 0.02 0.00 95% Queue Length, 095 (veh) 0.1 0.0 Control Delay (s/veh) 9.4 7.4 Level of Service, LOS A A Approach Delay (s/veh) 94 01 Approach LOS A Copyright © 2018 University of Florida All Rights Reserved. HCS7siul TWSC Version 7.2.1 AM_Project Driveway.xtw Generated: 4/21/2018 639:53 PM Exhibit 5 Page 1 of 2 LOCATION MAP N.T.S. STATE ROAD 70 5W 4TH AVE USE RIVER RUN RESORT (RESIDENTIAL.) LAND USE COMMERCIAL ZONING: HEAVY COMMERCIAL 0 EX- CURB AND GLMER —L.__— EX BOTTOM OF BANK EX. 6' SAN EX. POWER POLE U.E. ORB8-.22446, PG- 897 STATE ROAD 70 IID EX. TOP OF BANK Or 1 / / 4• 10' R.O.W. BUFFER PYLON SIGN �\ • OUTDOOR DINNING \� OUTDOOR TABLE 1 1 (LYP. OF 6) // POINT OF SERVICE� 10' U.E i RESTAURANT 912 ER fzEX.R POLE1 TO81RELO A D r 9 MENU80ARD & SPEAKER IILLUMINATED IENTRY SIGN ��-- EX. EOP IIU M INATED EXIT SIGN 425' \ TRASH ®– ENCLOSURE USE SINGLE FAMILY RESIDENTS UIND USE SINGLE-FAMILY RESIDENTIAL ZONING: RESIDENTIAL MULTIFAMILY I t— I 1(1 ( t/ USE NORTH5HORE PLAZA (COMMERCIAL) FLU: COMMERCIAL ZONING: HEAVY COMMERCIAL SITE DATA NAME OF APPLICATION APPLICATION NUMBER SITE ADDRESS COSTING/PROPOSED FUTURE LAND USE EXISTINGIPROPOSED ZONING DISTRICT OVERLAYS SECTION 35 TOWNSHIP 37PROPERTY CONTROL NUMBER (PCN) 100SE EXISTING USE PROPOSED USE TOTAL SITE AREA GROSS FLOOR AREA BUILDING FLOOR AREA OUTDOOR DINNING AREA REQUIRED PARKING (1 SP. PER 75 S.F.) REQUIRED ADA PROPOSED PARKING PROPOSED ADA REQUIRED LOADING ZONE PROPOSED LOADING ZONE LEGEND AC = ACRES D.E = DRAINAGE EASEMENT DR0 = DEVELOPMENT REVIEW OFFICERS D.U. = DWELLING UNITS EX.= EXISTING FLU = FUTURE LAND USE LAE. = LIMITED ACCESS EASEMENT L.M.E. = LAKE MAINTENANCE EASEMENT OHNE= OVERHANG/MAINTENANCE EASEMENT 0.9.8. = OFFICIAL RECORD BOOK P.B. = PLAT BOOK PDR = PROPERTY DEVELOPMENT REGULATIONS PG. = PAGE R = RADIUS RO.W-= RIGHT-OF-WAY R/W = RIGHT-OF-WAY S.F. = SQUARE FEET 5/W = SIDEWALK TYP = TYPICAL U.E = UTIUTY EASEMENT ULDC = UNIFIED LAPID DEVELOPMENT CODE WEH = WORKFORCE HOUSING 0 = TREE/PALM TO BE PRESERVED 10 20 4 SCALE: I' = 20'-0' NORTH CHECKER'S OKEECHOBEE TBD ant AVE. OKEECHOBEE. FL 34974' COMMERCIAL COMMERCIAL NIA RANGE 22 3-2237-35.0260.00000.0010 COMMERCIAL COMMERICAL 0.6 AC. (27,980 SF.) 1,412 S.F. 912 5F. 500 S.F. 3 SP. 1 5P. 12 SP. 1 SP. 15P. 1 SP. s Z O CAD SP 2987.00.DWG DRAWN/DESIGNED CMR CHECKED/QC xx SHEET: SP -1 HCS7 Two -Way Stop -Control Report_. General Information Site Information Analyst JF Intersection SE 8th Ave & Project Driv Agency/Co. JFO GROUP INC Jurisdiction City of Okeechobee Date Performed 04/23/2018 East/West Street Checkers Project Driveway Analysis Year 2018 North/South Street Project Driveway Time Analyzed PM Peak Hour Factor 0.95 Intersection Orientation North-South Analysis Time Period (hrs) 0.25 Project Description Okeechobee Checkers Lanes Jd 1.4-1-1.If 1 _4 4- -4. 4- 4- 4,- 1t til 4i -'rt rr Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 0 0 0 0 2 0 0 0 1 0 Configuration LR LT T T Volume, V (veh/h) 17 2 2 159 262 Percent Heavy Vehicles (%) 2 2 2 Proportion Time Blocked Percent Grade (%) 0 Right Tum Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 7.5 6.2 4.1 Critical Headway (sec) 6.84 6.24 4.14 Base Follow -Up Headway (sec) 3.5 3.3 2.2 Follow -Up Headway (sec) 3.52 3.32 2.22 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 20 2 Capacity, c (veh/h) 620 1284 v/c Ratio 0.03 0.00 95% Queue Length, Q95 (veh) 0.1 0.0 Control Delay (s/veh) 11.0 7.8 Level of Service, LOS B A Approach Delay (s/veh) 11.0 0 1 Approach LOS B Copyright © 2018 University of Florida All Rights Reserved. HCS7U1 TWSC Version 7.2.1 PM_Project Driveway.xtw Generated: 4/21/2018 6A0:22 PM Exhibit 5 Page 2 of 2