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2018-09-20CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR SEPTEMBER 20, 2018 AGENDA I. CALL TO ORDER — Chairperson. Regular Meeting, September 20, 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 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 July 19, 2018, regular meeting. PAGE 1 OF 9 ACTION - DISCUSSION - VOTE Chairperson Hoover called the September 20, 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 Absent (with consent) Present Present Present Present Present Present (moved to voting position) Present Present (exited Chambers at 6:09 p.m.) 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 Baughman moved to dispense with the reading and approve the Summary of Board Action for the July 19, 2018, regular meet,rig; seconded by Member Keefe. There was no discussion on this item. VOTE HOOVER - YEA MCCOY - ABSENT BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT - YEA MCCREARY- YEA KEEFE - YEA JARRIEL - N/A MOTION CARRIED, AGENDA VI. OPEN PUBLIC HEARING — Chairperson. A. Consider L.DR Text Amendment Application No. 18 -002 -TA amending Sections 66-1; 70-191; 70-192 (Exhibit 1). 1. Presented by City Staff. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex -Parte Communications by the Board. 4. a) Consider a recommendation to the City Council to approve or deny Application No. 18 -002 -TA. SEPTEMBER 20, 2018 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 2 OF 9 175 ACTION - DISCUSSION - VOTE CHAIR HOOVER OPENED THE PUBLIC HEARING AT 6:04 P.M. The following proposed Land Development Regulation (LDR) Text Amendmen`s, provided through Application No. 18 -002 -TA, amends Code Book Sections 66-1; 70-191; 70-192. Attorney Cook was present to provide the Board with information pertaining to the City Council's decision at their meeting on September 18, 2018 to replace the Code Enforcement Board with a Magistrate system. This application is to update sections in the Land Development Regulation's (LDRs) that reference Code Board and replace with Magistrate and in addition establish a definition of a Magistrate. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the Application. None were offered. A motion and a second was offered by Members Keefe and Batton to find LDR Text Amendment Application No. 18 -002 -TA consistent with the Comprehensive Plan, and recommended approving the following Sections as presented: Add the following definition to Section 66-1: Magistrate means in the context of the City of Okeechobee, the magistrate is an appointed local official, and member of the Florida Bar, entrusted with the administration of codes and laws; he or she is the principal officer exercising governmental powers, or judicial functions in quasi-judicial proceedings before boards within the city; taking and receiving evidence, making findings of fact and conclusions of law, and issuing legally binding orders thereon. This definition shall apply in every section of City codes or ordinances that refer to Code Enforcement Board. Amend Section 70-191 to read: Pursuant to the authority of the City of Okeechobee set forth in Florida Statutes Chapter 162.03, the City enacts a system of enforcement of city codes, or such other duties as assigned by the City Council, and to retain a magistrate to hear, determine and issue orders on matters of code violations as may be filed by the code officer for the City of Okeechobee. The definition of magistrate shall apply in every section of City codes or ordinances that refer to Code Enforcement Board. Add to Section 70-192, a subparagraph (b) which reads: The position of magistrate shall be appointed by vote of the City Council after advertising for same. 1. The magistrate shall serve at the pleasure of the City Council and may be removed by the City Council at any time with or without cause. 2. The magistrate shall be a member of good standing with the Florida Bar, and be a resident of Okeechobee County, Florida. 176 AGENDA VI. PUBLIC HEARING ITEM CONTINUED. A. 4. a) Consider a recommendation to the City Council to approve or deny Application No. 18 -002 -TA continued. b) Board discussion. c) Vote on motion. QUASI-JUDICIAL ITEM: B. Special Exception Petition No. 18 -002 -SE to allow for an outdoor vehicle sales lot within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(18)) for Lots 14 through 17, of Block 163, CITY OF OKEECHOBEE, Plat Book 1, Page10, Public Records of Okeechobee County, containing approximately 0.651± acres and located at 920 Northwest Park Street (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 18 -002 -SE will be required to take an oath, respond, and give your full name and address) — Board Secretary. 2. Review Planning Staff Report — recommending approval with special conditions. SEPTEMBER 20, 2018 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 3 OF 9 ACTION - DISCUSSION - VOTE 3. The 6ompensation of the magistrate shall be set by resolution of the City Council. 4. Although the code board is a quasi-judicial board, pursuant to Florida Statute 286.0114, the City of Okeechobee requires that at the public code enforcement meetings, the magistrate allow reasonable comment by members of the public if so requested. 5. The magistrate shall hear and determine code violations issuing from the code enforcement officer, and promptly issue its findings of fact, and conclusions of law, at the public meeting wherein the code violation is heard. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER — YEA MCCOY — ABSENT BATTON — YEA BAUGHMAN — YEA BRASS — YEA JONASSAINT — YEA MCCREARY— YEA KEEFE — YEA JARRIEL — N/A MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing tentatively scheduled for October 16, 2018 at 6:00 P.M. Special Exception Petition No. 18 -002 -SE, requests to allow for an outdoor vehicle sales lot within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(18)) for Lots 14 through 17, of Block 163, CITY OF OKEECHOBEE, Plat Book 1, Pagel 0, Public Records of Okeechobee County, containing approximately 0.651± acres and located at 920 Northwest Park Street. The Petition was submitted by Mr. Roland Durrance, Registered Agent of the Property Owner, Eli's Trailer Sales 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, 1375 Jackson Street, Suite 206, Fort Myers, Florida, Mr. Jeff Sumner, PE with Sumner Engineering & Consulting, Inc, 410 Northwest 2nd Street, Okeechobee, Florida. Chairperson Hoover yielded the floor to Mr. Bill Brisson, Senior Planner for LaRue Planning and Management Services, Inc. Mr. Brisson explained the parcel is currently vacant and located at the Southeast corner of Northwest 10th Avenue and Park Street. The subject site is intended for the storage of trailers for sale associated with the existing sales operation located at 908 Northwest Park Street. No additional office space is proposed and no employees will be located on the subject property. The site plan shows most of the parcel will be covered in asphalt AGENDA VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. B. 2. Review Planning Staff Report — recommending approval with special conditions for Petition No. 18 -002 -SE continued. 3. Hear from the Property Owner or designee/agent — Mr. Jeffrey Sumner, PE, on behalf of Property Owner, Eli's Trailer Sales, LLC. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consideration of a motion to approve or deny the Petition with/without special conditions. SEPTEMBER 20, 2018 - PLANNING BOARDIBOARD OF ADJUSTMENT - PAGE 4 OF 9 177 ACTION - DISCUSSION - VOTE rnillings upon which the trailer inventory will be stored. Ten -foot landscape buffers are shown along the western and southern property lines bordering Northwest 10th Avenue and Park Street respectively. There is a six-foot buffer along the eastern property line and the northern property line borders an alley. The site plan submitted does not conform to the minimum required in the LDR's of 12 trees and 37 bushes. The Applicant has submitted a revised landscaping plan and will be providing the appropriate number of trees and bushes. Vehicular access for delivery and removal of trailers is provided by two asphalt driveways from Northwest 10th Avenue. The north driveway is 24 -feet wide and the southern driveway appears to be about 19 -feet wide. Planner Brisson recommends approval based on the findings within the Planning Staff Report and the condition of the acceptance of the revised landscaping plan that was emailed to the Planner on September 17, 2018, showing the required landscaping of 12 trees and 37 bushes. Mr. Sumner, was present on behalf of the applicant and available for questions from the Board. He informed the Board the Applicant would be installing a decorative wood fence around the entire parcel for security purposes even though not required. Member Batton inquired as to whether the trailers would be moved back and forth between this property and the existing sales operation property. Mr. Sumner responded yes but only during normal business hours. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Secretary Burnette noted for the record the petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to 18 surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. There were none. Planning Staff's recommendation for approval is based on two sets of criteria. One being the site's consistency with the current LDR's, and the other, findings required _o consider a Special Exception. Planning Staff's responses to the applicant's presentation on consistency with the LDR's are, the location and site are appropriate for the proposed use. The site is situated along the commercial corridor and its visibility is conducive to commercial display. The Heavy Commercial (CHV) Zoning District specifically identifies outdoor vehicle sales lot as a Special Exception Use. No specific design efforts are needed. No buildings are proposed and the proposed use is consistent with surrounding commercial uses. The site plan submitted with the Petition shows some landscaping along the frontage of Northwest Park Street and 10th A\ lnue although this does not conform to the requirement in the LDR's for the need of 12 trees and 37 bushes. It is recognized that there is little need for landscaping along the western half of the north side of the property across from the commercial business of Sandoval Vehicle Sales, but the required 12 trees and 37 bushes should be distributed along the northern property line across from the existing single-family home and the eastern property line and two road frontages. No potential hazards, problems or public nuisance is anticipated by the proposed use. There are no proposed buildings or other similar improvements, so 178 AGENDA VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. B. 6. a) Consideration of a motion to approve or deny Petition No. 18 -002 -SE with/without special conditions continued. b) Board discussion. c) Vote on motion. SEPTEMBER 20, 2018 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 5 OF 9 ACTION - DISCUSSION -VOTE utility services are not required. It is expected that traffic to and from the site would largely be limited to the delivery of trailers either by way of Northwest Park Street or the 10th Avenue entrance. The shuffling of trailers from the site to the current sales operations site located at 908 Northwest Park Street will likely be by way of Northwest 10th Avenue to 2nd Street to the 9th Avenue entrance. Planning Staffs responses to the applicant's presentation on the required findings are, the property is designated Commercial on the Future Land Use Map (FLUM) and the proposed use is not contrary to the Comprehensive Plan. Outdoor vehicle sales lot is included under the list of Special Exception Uses in the CHV Zoning District. The proposed use will not have an adverse effect on the public interest. The use is appropriate for the proposed location, is compatible with adjacent uses, and is not detrimental to urbanizing land use. The site is within the commercial corridor and its visibility is conducive to display. Most of the properties in the immediate area are commercial uses. Although zoned Residential Multiple Family (RMF), the three single-family uses to the north and northeast of the subject property are located on lands shown as Commercial on the FLUM. Given that all properties on the south side of Northwest 2nd Street are generally expected to ultimately transition to commercial uses, the use will not affect property values or living conditions, nor be a deterrent to the development of adjacent property. Normal required landscape buffers must still be provided. The use should not be such that it would be expected to overburden any public facilities such as streets, schools, and utility services. The proposed use is not anticipated to create flooding or drainage problems or otherwise affect public safety. While the shuffling of trailers from this location to the current sales operation's site at 908 Northwest Park Street may result in more traffic than at present, the volume of traffic should be limited and is not expected to cause traffic congestion. Motion and a second offered by Members McCreary and Jonassaint to approve Special Exception Petition No. 18 -002 -SE to allow for an outdoor vehicle sales lot within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(18)) for Lots 14 through 17, of Block 163, CITY OF OKEECHOBEE, Plat Book 1, Pagel 0, Public Records of Okeechobee County, containing approximately 0.651± acres and located at 920 Northwest Park Street with the following special condition: The acceptance of the revised landscaping plan that was emailed to the Planner on September 17, 2.018, showing the required landscaping of 12 trees and 37 bushes. Chairperson Hoover asked \;vhether there was any further discussion. There was none. VOTE HOOVER — YEA MCCOY — ABSENT BATTON — YEA BAUGHMAN — YEA BRASS — YEA JONASSAINT — YEA MCCREARY— YEA KEEFE — YEA JARRIEL — N/A MOTION CARRIED. AGENDA VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. C. Special Exception Petition No. 18 -003 -SE to allow for an outdoor vehicle sales lot within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(18)) for the West 9 feet of Lot 3, all of Lots 4 and 5, a portion of Lot 6, of Block 163, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.498± acres and located at 907 Northwest 2nd Street (Exhibit 3). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 18 -003 -SE will be required to take an oath, respond, and give your full name and address) — Board Secretary. 2. Review Planning Staff Report — recommending approval with special conditions. 3. Hear from the Property Owner or designee/agent — Mr. Jeffrey Sumner, PE, on behalf of Property Owner, Eli's Trailer Sales, LLC. SEPTEMBER 20, 2018— PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 6 OF 9 179 ACTION - DISCUSSION - VOTE Special Exception Petition No. 18 -003 -SE, requests to allow fo an outdoor vehicle sales lot within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(18)) for West 9 feet of Lot 3, all of Lots 4 and 5, a portion of Lot 6, of Block 163, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.498± acres and located at 907 Northwest 2nd Street. The Petition was submitted by Mr. Roland Durrance, Registered Agent of the Property Owner, Eli's Trailer Sales 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, 1375 Jackson Street, Suite 206, Fort Myers, Florida, Mr. Jeff Sumner, PE with Sumner Engineering & Consulting, Inc, 410 Northwest 2nd Street, Okeechobee, Florida. Chairperson Hoover yielded the floor to Mr. Bill Brisson, Senior Planner for LaRue Planning and Management Services, Inc. Mr. Brisson explained the subject site is a vacant parcel of land fronting on Northwest 2nd Street. The intended site is for the storage of trailers for sale associated with the existing sales operation located at 908 Northwest Park Street. No additional office space is proposed and no employees will be located on the subject property. The owner has concurrently submitted Special Exception Petition No. 18 -002 -SE for the same use at 920 Northwest Street. The site plan shows most of the parcel will be covered in asphalt millings upon which the trailer inventory will be stored. Landscape buffers of ten feet or more are shown along northern, eastern and western property lines. Vehicular access for the delivery and removal of trailers is provided by a grass driveway about 18 or 19 feet wide from Northwest 2nd Street. The driveway is located at the northwest corner of the property. Planner Brisson recommends approval based on the findings within the Planning Staff Report and the conditions of the following: eight required trees to be placed along the northern and western property lines to reduce the impact of delivery and pick-up activity to existing residential uses nearby; provide a solid fence along the northern half of the western property line and all along the frontage of Northwest 2nd Street except the driveway; and pave the driveway to and from Northwest 2nd Street with concrete or other material as required by the City. (The Applicant has submitted a revised site plan meeting all the landscaping requirements and they have moved the driveway to the center of the parcel. Therefore, they will only need to provide the fence.) Mr. Sumner was present on behalf of the applicant and available for questions from the Board. He made the Board aware the Applicant would be installing slats and landscaping to the existing chain link fence that was existing along the road frontage. The client will be pnviding lighting for security purposes and this will not be bothersome in any manner to the residential neighbors. Member Brass inquired as to whether the fencing was actually six feet tall as from her observation it seemed shorter. Mr. Sumner responded he would confirm the height and if not the Applicant would install six foot tall fence. 180 VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. C. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary for Petition No. 18 -003 -SE continued. 5. Disclosure of Ex -Parte Communications by the Board for Petition No. 18 -003 -SE continued. 6. a) Consideration of a motion to approve or deny the Petition with/without special conditions. SEPTEMBER 20, 2018 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 7 OF 9 Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Secretary Burnette noted for the record the petition was advertised it the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to 20 surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. There were none. Planning Staff's recommendation for approval is based on two sets of criteria. One being the site's consistency with the current LDR's, and the other, findings required to consider a Special Exception. Planning Staff's responses to the applicant's presentation on consistency with the LDR's are, the location and site are appropriate for the proposed use. The site is within the commercial corridor, has access from Northwest 2nd Street and is adjacent to the main trailer sales operation. The CHV Zoning District specifically identifies outdoor vehicle sales lot as a Special Exception Use. No specific design efforts are needed. No buildings are proposed and the proposed use is consistent with surrounding commercial uses and compatible with nearby multi -family uses. The site plan submitted with the Petition shows wider buffers than required along the eastern and western property lines and a total of five trees and 27 bushes. According to the requirements of the LDR's, eight trees and 24 bushes are needed. It is suggested the trees be concentrated along the northern and western property lines. No potential hazards, problems or public nuisance is anticipated by the proposed use. There are no proposed buildings or other similar improvements, so utility services are not required. It is expected that traffic to and from the site would largely be limited to the delivery of trailers by way of Northwest Park Street to 9th Avenue then to the entrance on 2nd Street. The shuffling of trailers from the site to the current sales operations site located at 908 Northwest Park Street will likely be via Northwest 2nd Street to the 9th Avenue entrance. However, the site plan shows the driveway entrance to the site is grass, not paved. According to City standards, the driveway should be concrete or otherwise paved to accommodate the pick-up and delivery of trailers. Planning Staff's responses to the applicant's presentation on the required findings are, the property is designated Commercial on the FLUM and the proposed use is not contrary to the Comprehensive Plan. Outdoor vehicle sales lot is included under the list of Special Exception Uses in the CHV Zoning District. The proposed use will not have an adverse effect on the public interest. The use is appropriate for the proposed location, is compatible with adjacent uses, and is not detrimental to urbanizing land use. While the site is located within the commercial corridor, it is :mated at its western edge with multi -family Future Land Use, Zoning and multi-fzmily residences located across the street on the north side of Northwest 2nd Street. There is also an existing single-family home immediately adjacent to the west, followed by two other single family uses. While these properties are Zoned RMF, they are designated Commercial on the FLUM. These lots are eventually expected to transition to commercial zoning and use. However heavier commercial uses may not be compatible in close proximity to residential uses and at best may require 1 1 AGENDA VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. C. 6. a) Consideration of a motion to approve or deny Petition No. 18 -003 -SE with/without special conditions continued. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING — Chairperson. SEPTEMBER 20, 2018 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 8 OF 9 181 ACTION - DISCUSSION -VOTE special buffering. The Applicant has provided adequate buffering along the Northwest 2nd Street frontage and along the western and eastern property lines. To be compatible with the nearby residential use, a solid fence and landscaping should be provided along the northern half of the buffer along the western property line and all along the frontage of Northwest 2nd Street except for the driveway. The proposed use will not reduce property values or be a deterrent to development of adjacent property given that all properties on the south side of Northwest 2nd Street are generally expected to ultimately transition to commercial uses. The buffers as proposed with landscaping and the solid fence would reduce the potential unsightliness and noise associated with storage, pick-up and delivery of trailers. The use should not be such that it would be expected to overburden any public facilities such as streets, schools, and utility services. The proposed use is not anticipated to create flooding or drainage problems or otherwise affect public safety. While the shuffling of trailers from this location to the current sales operation's site at 908 Northwest Park Street may result in more traffic than at present, the volume of traffic should be limited and is not expected to cause traffic congestion. Motion and a second offered by Members Jonassaint and Keefe to approve Special Exception Petition No. 18 -003 -SE to allow for an outdoor vehicle sales lot within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(18)) for West 9 feet of Lot 3, all of Lots 4 and 5, a portion of Lot 6, of Block 163, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.498± acres and located at 907 Northwest 2nd Street with the following special conditions: The acceptance of the revised landscaping plan that was emailed to the Planner on September 17, 2018, showing the required eight trees to be placed along the northern and western property lines to reduce the impact of delivery and pick-up activity to existing residential uses nearby; and the driveway to and from Northwest 2nd Street being paved with concrete or other material as required by the City; in addition to providing a six-foot high opaque fence on Northwest 2nd Street. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER — YEA MCCOY — ABSENT BATTON — YEA BAUGHMAN — YEA BRASS — YEA JONASSAINT — YEA MCCREARY— YEA KEEFE — YEA JARRIEL — NIA MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:21 P.M. 182 AGENDA VII. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeal:', with respect to any matter considered at this proceeding, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose ofackup for official/records. ATTEST: Patty M. Burnette, Secretary DawrkT. Hoover,`Chairperson SEPTEMBER 20, 2018 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 9 OF 9 ACTION - DISCUSSION - VOTE There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:21 p.m. hair person Pro .- T irn pore_ 1 '13222EL Pagel of 15 City of Okeechobee Planning Board City Hall, 55 SE 3'd Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes September 20, 2018 I. Call To Order - Chairperson: Chair Hoover called the September 20, 2018, Regular Meeting to order at 11. Opening Ceremonies: Pledge of allegiance - Chairperson III. Chairperson, Board Member Staff Attendance - Secretary. GP. 01 p.m. IV. Agenda - Chairperson. OQi\W,' A. Chair fltblef 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. y IIQ/DYE V. Minutes - Secretary. A. Board Member iu5h ma -4- moved to dispense with the reading a d approve the Summary of Board Action for the July 19, 2018, regular meeting; seconded by Board Member t 4 -Fe-' Discussion: PRESENT ABSENT (W OR W/0 CONSENT) Chairperson Hoover ✓ Vice Chairperson McCoy ✓ Board Member Batton V Board Member Baughman ✓ Board Member Brass Board Member Jonassaint V Board Member McCreary ✓ Alternate Board Member Keefe mcc141)V {,;,q pos►-hOn ✓ Alternate Board Member Jarriel ✓ Planning Consultant Brisson, Senior Planner Board Attorney Cook lef-te' b I to ✓ Board Secretary Burnette \ IV. Agenda - Chairperson. OQi\W,' A. Chair fltblef 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. y IIQ/DYE V. Minutes - Secretary. A. Board Member iu5h ma -4- moved to dispense with the reading a d approve the Summary of Board Action for the July 19, 2018, regular meeting; seconded by Board Member t 4 -Fe-' Discussion: Page2of '� VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ McCOY ✓ BATTON / BAUGHMAN V BRASS ✓ JONASSAINT tr. McCREARY ✓ KEEFE ', JARRIEL �---h RFSIJLTS• ( CARRIFD ) f1FNIFn VI. CHAIR }% fr OPENED THE PUBLIC HEARING AT P.M. A. Consider LDR Text Amendment Application No. 18 -002 -TA amending Sections 66-1; 70-191; 70-192 (Exhibit 1). 1. Presented by City Staff. gff0a.c� @061. &es OIs( (bLLfl On a 0611 r IcI D(1 TLuslat( Codi &lard._ wit", neea aw nc& `/-k Lb P.'S Mal I S4 -�- d0vcr�u 6 p01 hto_3(S 1-7zC5 -{ 0 ✓-e p l a e _. Ood _ 6crcro(- ',0I p�bvw-� re P (aec%1 1 15 Page 3 of VI. PUBLIC HEARING ITEM CONTINUED. INERIA Page 4 of i� VI. PUBLIC HEARING ITEM CONTINUED. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 146. VS Page5of 15 VI. PUBLIC HEARING ITEM CONTINUED. 3. Disclosure of Ex -Parte Communications' by the Board. 4. a) Consider a recommendation to the City Council to approve or deny Application. Motion and a second offered by K10e`fe and Fa+t en\ to recommen approva denial to the City Council for LDR Text Amendment Application No. 18 -002 -TA amending Sections 66-1; 70-191; 70-T92: VI. PUBLIC HEARING ITEM CONTINUED. b) Board discussion. c) Vote on motion. tb=rPage 6 of _ '5 VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ McCOY BATTON `V. BAUGHMAN 1/ BRASS JONASSAINT McCREARY ✓ KEEFE 7 JARRIEL ►� RFSIII TS! CARRIF� DFNIFD The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively October 16, 2018, 6 pm. 't'Page 7of IS VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. B. Special Exception Petition No. 18 -002 -SE to allow for an outdoor vehicle sales lot within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(18)) for Lots 14 through 17, of Block 163, CITY OF OKEECHOBEE, Plat Book 1, Page 10, Public Records of Okeechobee County, containing approximately 0.651± acres and located at 920 Northwest Park Street (Exhibit 2). 1. Administer of Oath - Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address ad- (,. 5 - iia l0C-3 .\ o2.'Q Review Planning Staff Report - see Planning Staff Report for recommendation. L i ern 3 U-10mai ecL, revrsect 1 and-soapk_. lee me S api IU.a-len()e does 11:4- rtLed vl S` Vin(? 1-0)1°1-0)1°� l �� OWE b e [ CU() LLfl �evr�e, wood ISM Page8of /6- VI. 5 VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. 3. Hear from the Property Owner or Designee/Agent - Mr. Jeffrey Sumner, PE, on behalf of Property Owner, Eli's Trailer Sales LLC. Tia l rs lJ e 1'n Wc)te a bac (, d fonfl . Jowl- Glu -1 re' -S5 rS • noriik 'E Page9of 16 VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. ac, -,L. IMEnrPage10of IS VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consider a motion to approve or deny Petition with/without s - ' nditions (refer to Planning Staff Report). Motion and a second offered by 1,,te6e and aC o ..pprove/d-ny Special Exception Petition No. 18 -002 -SE to allow for an outdoor vehicle sales lot within a Heav Commercial Zoning Di • . . Sec. 90-283(18)) for Lots 14 through 17, of Block 163, CITY OF OKEECHOBEE, Plat Book 1, Page 10, Public Records of Okeechobee County, containing approximately 0.651± acres and located at 920 Northwest Park Street. with/without the following special conditions: ulthot b) Board discussion. Page 11 of /5 VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. c) Vote on motion. VOTE YEA , NAY ABSENT NONVOTING ABSTAINED HOOVER V McCOY / BATTON ✓ BAUGHMAN ✓ BRASS V JONASSAINT McCREARY KEEFE /✓ v JARRIEL / ✓ RFS111 TS• (/ .ARRIFD \ DFNIFD C. Special Exception Petition No. 18 -003 -SE to allow for an outdoor vehicle sales lot within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(18)) for the West 9 feet of Lot 3, all of Lots 4 and 5, a portion of Lot 6, of Block 163, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.498± acres and located at 907 Northwest 2nd Street (Exhibit 3). 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 r ( 6-1t, J.efr- &t m (ILK 2. Review Planning Staff Report - see Planning Staff Report for recommendation. R� S • f evi S-c'a. 5thL plan reeciule land 6e0_p:00, an\le L'Ock'wv- (icevl' ct_.. \-)12" { ?Com /d l no Q ppro van_ IVIEE Page 12 of -Page 13 of /5 VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. 3. Hear from the Property Owner or Designee/Agent - Mr. Jeffrey Sumner, PE, on behalf of Property Owner, Eli's Trailer Sales LLC. Jif gun fu--( �� luIcLfs add land snap /kJ f � u t �-� n C y�� if' � add LOry t- siLL ��c� ��-vn fry-��z rio C(tenf hast°nce CzI64,� �ou_ri ''i I c9� T vc-ss_ -tie (3.h+ — s'i 6,F1 Y>7 t .h4" %-e on LI4 �-� �� bor.( ( � or) �'j t'in't l S s t) -Q. y pos-c_ s 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. tCAP Gio d.1 -,4.t y MOSS Page 14 of 15 - VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consider a motion to approve or deny Petition with/without special conditions (refer to Planning Staff Report). Motion and a second offered by ae' and 1 --- to pprove eny Special Exception Petition No. 18 -003 -SE to allow for an outdoor vehicle sales lot within a Heavy Commercial Zoning Dis nc , Ref. Sec. 90-283(18)) for the West 9 feet of Lot 3, all of Lots 4 and 5, a portion of Lot 6, of Block 163, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.498± acres and located at 907 Northwest 2"d Street. with/without the following special conditions: ori -11 f c/nd S-1-- *nee wat. Coe. Dm - h 71 b) Board discussion. legatt Page 15 of 15 VI. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY ✓ BATTON •k✓ BAUGHMAN ✓ BRASS \/ JONASSAINT ✓, McCREARY ✓/ KEEFE V JARRIEL ( ✓ RESULTS: ( CARRIED) DENIED CHAIR -e-r CLOSED THE PUBLIC HEARING AT Lbg ( P.M. VII. ADJOURN - Chairperson. (('. g -I Planning Board Meeting September 20, 2018 Name Address ____.\e_k-- c_, on ,r‘ or - 4 -10 1� 2-162S., 011--eedl,z) ee 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 Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee CountyFlorida that the attached copy of advertisement being a in the matter of C \a/MC\ S 611`Na. , ( �`6Cui 0'- hd l( uS itd N00 -47 11c in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake 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 0` day of 02-O1 g AD Notary Public, State of Florida at Large it6 a J ANGIE BRIDGES MY COMMISSION € FF 976149 XE�PIRES:ApdU 20, 2020 'Z' •Wi .0p., Braided Ulu Notary Public Unde iters oma Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-7 PUBLIC NOTICE cTTY ptAremic BOARD & BOARD OF AD3USTMENi MEETING NOnC` I5 HEREBY GIVEN that the Cly cf O®edebee Firming Bard and Bard d PdFatrnert wi fid; a meettg m Than Sep. 20, MB, 6PM, orasmon thamRaasp +� at ay Hal, SS SE 3rdAve, Rm 200 6l�edrobeG R: Ps the tocol Banning Pge cy,, the Phntig Board rte/ OX1913 gty a reconendtbn man/ proposed mnclrnbtothe ary nitlandRd«LRg}�bnsakmb lh/Q/StagBoardMembers,a ThE dams. The Board dAdlratmlt and Appeals saves as the dedsbn making stcdpeciq , oobehar dthe Qy,,toapprth a,d3yVabrnrprd Thepdr6�ifcIstedandemrrar mwad The agenda rraybeof d in 33dem rLo �M10beemrnorby tallngthe General Sen eseEO-70- �ANYPEIt90NN DEC D1N&TOAPPEAL arydedabn rade bythe PB/BOA wthrespect toany rnath3mratdaedatthis merle wireedtosureaver- tettn record Otte pwwmNtoidemt g ealspmp�aadlIe ad the n3mh d ddes the testhuy eicienxwia de Arnot wwthC6ab@IaPd(ADA),ary �'Dr with �bityasaxordanredr# b/ the Alla, that needs spedal to partbreteh this praasd g entad de General Servtrs Ctrxe ro Later then ben busirees days prix to pcceedrg, 8:0-70-3372. BE ADVISED that stern }ou tied to show any doamarn piarre, Veto or Iters to dePB/BMhwort aroppo.4tnto any tem mthe9a9 tt a mpya the doe+net, pidue, vNeo, ox ten must be imbed to the Bard Seael2 yforthetzysrecords «>n . INDEPENDENT NEWSMEDIA INC. USA Okeechobee Ne 107 SW 17th Street, Okeechobee, 863-7 s itel 54974'` 134 4 � Lt y STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County F o{ida, that .the attached copy of advertisement being a 1' C i\A—K c . in the matter of I-\ Lit i tlCl in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this 12J" day of i'.,.c.vidI' i AD Notary Public, State of FloridaAat Large • M1GIE BRIDGES MY COMMISSION # FF 975149 EXPIRES: Ap1920, 2020 Bonded Ttw Notary Public Undenrttth s • PUBLIC NOT= LAND DEVELOPMENrREGULATIONTDRAMENDMENr NOTICES FERESYGNBI theta PUB11C'HEARING wale heist tore the aydOtteedoGee Rad, meethgasttetnatPbrrtgAga�Y on Thms, September 20,2818,6110PM,armsomtheratteraspo�f Ist, at ay Flal, 55 SE 3rd Ave, Rift 2CO, Okeed,obee,R, tocomber and re- 18-00Rqx arm= areas h thRL CHAPTER 66'MEWL PROMOS, ty aredg Sean 66-1, asking a dihten for nppede • Qi'PTBt 70 'Ch N1 TRA1DN: Arne Il ay QxrcB Depstnerts and eer>; Ormrtt and ar rrtdas, D r 8 Cad= not n rot Bmrt>, by arterdingtheeslahE31 taMtarpor3bnhSedYn7P191braneg �a a Armrd Sean 7D-192to trlGe powers and (Ws tura ndgtLare. The pcposed mprdnat may tre mimed at the estates abo e dutg kremuajadhrrtoted!tBAM430RMLexp[brhoklaysT'hePrtic The Fbrttg Bead w1bite a remmrerd don on fpRkn No. 18032 TA Dat wi be Cavorted to the ay Qud for mrdiaatbn a PILI Fkai■p tertab,ely shallaf br 6:CO PM m OiYc8a2, 2018 and tuober 16, 2018 ANY PERSON CB:1DM TO APPEAL any durst= nude by the Boning Bead wet rued: m an nope =dined at this reed to en- sue aPertetio laird dthe procreating 5madeand the nod In:tx the tediyory and evbars upon with 8e tpp®I of to bassi N aoathew pile the MnLena wthtm6EfesAct (ADe)ay wthadsahltyas defied by the ADA, that need sprit a.0 rm, to portIdpet h this cortact 1 pa g, 861 -Cereal 3371 OttenoblaCeldwtraYtt�chys toBE ADVISED ttot�euA1 UPrdw Uto�narydo+re1Were,Ydeoa terns to mpydthe tt,etd�oiretpaBud h ewsxcropsesbon beepp mem s teary far the Lrfs naxrd, 9fBsol gAdnt�amrMx=t•IaRsDe0q Perlbna 18002 -TA _ 287942D H 9JZ12/12 JDEPENDENT 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, Fkori`da, that. the attached copy of advertisement being a 1/1). (J6`1 Q. in the matter of -14 -QCLi- ;INC` in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of qR, g 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 �. -tk day of j-4-..e,Ji,-1 = ) Ri AD Notary Public,S ate of Florida at Large gid ANGIE BRIDGES MY COMMISSION # FF 976149 r r T EXPIRES; April 20, 2020 •.;o°. Nq.• Bonded Thru Notary Public Underwriter? Okeechobee News----- 107 SW 17th,Stt,, ui't- Okeechobee, F rida 349' 86T -Z63-3134" PUBLIC NOTICE CONSIDERATION OF A PROPOSED sPETALE( pTIoN NOTI E S HERESY GIVEN that a QUASI-JUDICIAL PUBLIC HEARING vtItreheti blue the ply dOl dAdjust- mert Thus, September 20, 2018 s Rae- der apassible, at 55 SE 3rd Ave, chid Qa bas, Rm 2CO3 R.,to=sett drece e411 SpadalBoapt n Patton No. -5E, by ht Rini Lairaroe (Pegstee 1 Aged) cf the merry wee at Mahar Soto v LLC The !tab' Is to abr., fr an ortchr vdrtde sates Ist wthit a Heavy �18 �(� �l relQtd B Sabalers fcr sale ss: 9� dated wth the edgily operation The pr patycondstsc Q651f aoe; txareriaat 920 NW Park Street �m � 163, CM' OF recorded In Plat Book 1, Page 10, pub&reoords of Olazedrobee County, beImpeded atdeaddress etaedrhjreg arbu'st- � enact Ex hcklays. The d to at1Pnd d se the d®on on ahs mater to appae a dh,y Spa7al las ANY PERSON DECIDING TO APPEAL any ri nnat by the d cf tter the rooruidaepd kdrtaidee andmetre wil reed d the for dries the gray and ehkreeupon W.dithegSai t�d. Inaaoath hIre PrerimnswihDtabkleskt(ADA, p co twith o h`tl�pr ng, Services the ACA, Mat needs spacial aroxn'B re tter than Mehetes days pro- topnxedrry863-763-3371 BE ADVISED tat shard you Hard m stew arej doarnert; ptbre, video a bels to the Beard in aypat a to ary ben en the agenda; a mordthe dxunent, a albamostbeproAd- edtothe BardSweayfathe bW% Icniigddr at�r Marcos @bnLes De o� f tia, Na 1&3 R- /2,w1s 1DEPENDENT 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 Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County,, F\lprida, that the attached copy of advertisement being a PIX. lie- ( Z r in the matter of sickka o,, R li(ilo3u'�c1 EX apt-) Cc7 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of lac • I��I�.e1g Affiant further says that the said Lake 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 18Th day of -Q_ t b_Qt- au l/ Notary Public, State of Florida at Large ->ACb— -ld AD tar ANGIE BRIDGES MY COMMISSION # FF 976149 E VIRESAprU 20, 2020 'FDsfta, Bonded Thar Notary Futile Underwriters Lake Okeechobee News 107 SW 17th S.tre t, Okeechobe /F4\1 a 3- W11 8 L -31 rEi t, rt7 ,'171,11 Sjp PUBLIC NO= CONESDERATIONOFA PROPOSED SPECIAL DOLEPr1ON NOTICE IS HEREBY GIVEN that a WSW- JD PJ- PUBLIC HEARING vn7teheld before the Otyof BardofAdjust met m Thus, September 20, 20018, 6.'00 PM, or as soon there- after hensalta as passble, at Cly Hal, 55 SE aid ave, Card Centers,Rm 2% toconsider and reoe‘eInput mspedalBceptim Matunted the tn L1� (Registered S The Rimm Is to aim for an aidxr velide sales kt wittin a Heady Car edai (CM) Zadg District, tee Lbde Book Semon 9°- 283(18). o-2 18 The proposeduse kastorage lot cftradasfor sale asso®led with the eding opera. The propelycor scfoA98ttataus,,bate 3at9 7 NW 2n1Stream Lagar to the feetof recorded in Plat ac- cording Florida; AND Al ofLots 4and 5, Block 163, OKEECHOBEE, according to the Plat thereof.titiM kt Mat Book S, Page S, public records of Okeechobee Cbunty, Florida; AND A portion d lot 6, Bbdc 163, OICEECHOBEE, according to the Plat thereof recorded In Plat Book 5, Page 5, pubic records d Okeechobee pa abee County, Florida. Bmore rtia�N de- scribed as follows: mrmneriag at the NW comer of said Lot 6, beareestedy along ttheNorth foeofLat6ra dstanmd9A0- to the N comer ofto the Point-of-Beguiling, 6, as h&stone of4L00leM the contnue easterly to the SE corner of Lot 6, a &dance of 14750 -feed thence westerly to the 911 comer of Lot 6, a estate of 50.00 -feet thence ,adistance d142.72-feetmore orless to the Pokkof-Beginimg. The pemonOrbei spedisdattheaddmsabore&Mgregrtarbta- ness mors, Mon -Fd, 8 AM -430 PM, enett tx l Ns The p talc e k krgPERSONbody odoawarejrday S ,,mold 9P noism b ANY DECIDING TO APPEAL any dedsirry made ty the Wad wRhrespect totry muter mrsitredatthisnreirgwaneedto rive a vebatin record cf theprr edrg is �aappaapnnd�dtthhee recad In- tides val be based. In he ardeAk.4 hOston ir M(ALA),arypr�n m amudarrco yutir the An .� i� o ww�dhh with ad yasdetractNHtheAMthatneeds spedal aaxmmoda- bon to not �tlennI tidpobese esdaysMcr to pramdig, 3-763-3372. BE ADVISED Oetshould yo herd toshavany doomet,pidue, Videoaferns tothe cadh`uppatacgxelarlrrm tebepcnt the agenda; e�'d Se Bary daumere011yt reads. Cy:Zoning Administrator Marcos Moria De Or, Fitton No. 18 -033 -SE 28744104 9/14/2018 CITY OF OKEECHOBEE PLANNING BOARDIBOARD OF ADJUSTMENT SEPTEMBER 20, 2018, OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER - Chairperson: September 20, 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 Altemate Board Member Bob Jerrie! Board Attomey John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Bumette 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 July 19, 2018, regular meeting. VI. OPEN PUBLIC HEARING - Chairperson. A. Consider LDR Text Amendment Application No. 18 -002 -TA amending Sections 66-1; 70-191; 70-192 (Exhibit 1). 1. Presented by City Staff. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex -Parte Communications' by the Board. 4. a) Consider a recommendation to the City Council to approve or deny Application. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively October 16, 2018, 6 pm. SEPTEMBER 20, 2018 - PBIBOA Agenda - Page 2 of 2 B. Special Exception Petition No. 18 -002 -SE to allow for an outdoor vehicle sales lot within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(18)) for Lots 14 through 17, of Block 163, CITY OF OKEECHOBEE, Plat Book 1, Page 10, Public Records of Okeechobee County, containing approximately 0.651± acres and located at 920 Northwest Park Street (Exhibit 2). 1. Administer of Oath - Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address 2. Review Planning Staff Report - see Planning Staff Report for recommendation. 3. Hear from the Property Owner or Designee/Agent - Mr. Jeffrey Sumner, PE, on behalf of Property Owner, Eli's Trailer Sales LLC. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consider a motion to approve or deny Petition with/without special conditions (refer to Planning Staff Report). b) Board discussion. c) Vote on motion. C. Special Exception Petition No. 18 -003 -SE to allow for an outdoor vehicle sales lot within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(18)) for the West 9 feet of Lot 3, all of Lots 4 and 5, a portion of Lot 6, of Block 163, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.498± acres and located at 907 Northwest 2nd Street (Exhibit 3). 1. Administer of Oath - Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address 2. Review Planning Staff Report - see Planning Staff Report for recommendation. 3. Hear from the Property Owner or Designee/Agent - Mr. Jeffrey Sumner, PE, on behalf of Property Owner, Elis Trailer Sales LLC. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consider a 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. VIII. 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. QUASI-JUDICIAL ITEM QUASI-JUDICIAL ITEM t'. ORDINANCE NO. 11XX Exhibit 1 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR AMENDMENTS T} PART II OF THE CODE OF ORDINANCES, SUB -PART B, LAND DEVELOPMENTF, EGULATIONS; PROVIDING FOR AN AMENDMENT TO CHAPTER 66 -GENERAL PROVISIONS, SECTION 66.1 TO INCLUDE A DEFINITION FOR MAGISTRATE; PROVIDING FOR AN AMENDMENT TO CHAPTER 70 - ADMINISTRATION, SECTION 70-191 TO PROVIDE FOR ESTABLISHMENT AND COMPOSITION OF A MAGISTRATE; AMENDING SECTION 70-192 TO PROVIDE FOR POWERS AND DUTIES OF A MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances and land development regulations, to make amendments to meet changing community standards; and to create new ordinance or regulation to better serve the public; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed these proposed Amendments, Text Amendment Application No. 18 -002 - TA, at a duly advertised public hearing held on September 20, 2018, and based on findings of fact by the planning staff, hereby recommends to certain changes, amendments or modifications of the code of ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, Florida Statute Chapter 162 permits municipalities to elect its method of code enforcement within the City, via an appointed five or seven member board, or by appointing a magistrate to carry out the duties of an appointed board; and WHEREAS, the City of Okeechobee, through observation of the magistrate system used by Okeechobee County, and other municipalities, believes that a magistrate system is more expeditious in the processing of code violations, and as the magistrate must be a member of the Florida Bar, who is trained in the interpretation of statutes and codes, he or she would ensure the legal standards set out by Florida Statute Chapter 162 are met; and WHEREAS, it is in the best interests of the City of Okeechobee and its residents for code enforcement purposes to enact the magistrate system for prompt processing of code violations and issuance of legally sustainable rulings; NOW, THEREFORE, be it ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: Amendment and Adoption to Section 66-1. The City Council for the City of Okeechobee, Florida, amends herein Part II Code of Ordinances, Subpart B -Land Development Regulations, Chapter 66 -General Provisions, by adding a definition for magistrate in Section 66-1, as follows: Magistrate means in the context of the City of Okeechobee, the magistrate is an appointed local official, and member of the Florida Bar, entrusted with the administration of codes and laws; he or she is the principal officer exercising governmental powers, or judicial functions in quasi-iudicial proceedings before boards within the city; taking and receiving evidence, making findings of fact and conclusions of taw, and issuing legally binding orders thereon. This definition shall apply in every section of City codes or ordinances that refer to Code Enforcement Board. Language to be added Is underlined, Language to be deleted Is Wesk-greav9h. Ordinance No. 11XX- Page 1 of 3 SECTION 2: Amendment and Adoption to Section 70-191. That the City Council for the City of Okeechobee, Florida, amends herein Part 11 Code of Ordinances, Subpart B -Land Development Regulations, Chapter 70 -Administration, Article II -City Council, Departments and Boards, Committees and Commissions, Division 8 -Code Enforcement Board, by amending the establishment and composition in Section 70-191, as follows: Pursuant to the authority of the City of Okeechobee set forth in Florida Statutes Chapter 162.03, the City enacts a system of enforcement of city codes, or such other duties as assigned by the City Council, and to retain a magistrate to hear, determine and issue orders on matters of code violations as may be filed by the code officer for the City of Okeechobee. The definition of magistrate shall apply in every section of City codes or ordinances that refer to Code Enforcement Board. SECTION 3: Amendment and Adoption to Section 70-192. That the City Council for the City of Okeechobee, Florida, amends herein Part 11 Code of Ordinances, Subpart B -Land Development Regulations, Chapter 70 -Administration, Article II -City Council, Departments and Boards, Committees and Commissions, Division 8 -Code Enforcement Board, by amending the powers and duties in Section 70-192, as follows: A. The code enforcement board shall have the following powers and duties: (1) Enforce the land development. To enforce and regulate the subdivision of lands; to regulate the use of land and water for those land use categories included in the land use element in the comprehensive plan to ensure their compatibility of adjacent uses and provide for open space; to provide for protection of potable water well fields; to regulate areas subject to seasonal and periodic flooding and stormwater management; to ensure the protection of environmentally sensitive lands designed in the comprehensive plan; to regulate signage; to prove that public facilities and services meet or exceed the standards set in the capital improvement element of the comprehensive plan, and are available when needed for development, or that development orders or permits are conditioned on the availability of these public services; to ensure safe and convenience on-site traffic flow and parking and to enforce or regulate such other provisions as are mandated by the land development regulation. (2) Hearing: To subpoena alleged violators and witnesses to the board's hearings, and to subpoena evidence and take testimony under oath. To review such evidence and testimony, and to decide whether or not a violation of these regulations has occurred. (3) Enforce compliance. To issue orders having the force of law commanding whatever steps are necessary to bring a violation of these regulations under compliance. The city attomey shall be legal counsel to the board. B. The position of magistrate shall be appointed by vote of the City Council after advertising for same. (1) The magistrate shall serve at the pleasure of the City Council and may be removed by the City Council at any time with or without cause. (2) The magistrate shall be a member of good standing with the Florida Bar, and be a resident of Okeechobee County, Florida, (3) The compensation of the magistrate shall be set by resolution of the City Council. (4) Although the code board is a quasi-judicial board, pursuant to Florida Statute 286,0114, the City of Okeechobee requires that at the public code enforcement meetings, the magistrate allow reasonable comment by members of the public if so requested. (5) The magistrate shall hear and determine code violations issuing from the code enforcement officer, and promptly issue its findings of fact, and conclusions of law, at the public meeting wherein the code violation is heard. ordinance No.11 XX - Page 2 of 3 Language to be added Is underlined. Language to be deleted Is strusletbrougb. a SECTION 4: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 5: Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. SECTION 6: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First reading and set for Final Public Hearing on this _ day of , 2018. ATTEST: Lane Gamiotea, CMC, City Clerk Dowling R. Watford, Jr., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this _ day of , 2018. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added Is underlined. Language to be deleted Is streek-lbferigh. Ordinance No. 11XX - Page 3 of 3 Dowling R. Watford, Jr., Mayor City of Okeechobee GeneralServices Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 9820 Fax (863) 763-1686 Date: S'. / _l y i! 20,;ij Petition No. 1 - 00 _ 6_c-_-- cGeneral Fee Paid: s, _ -7_, g (ih4 ; iG y Jurisdiction: t3 DA 1st qHearing: ,, .1 2"d Hearing: -�!/ 1 Publication Dates: 611 j (?) F, G, l ic? W Exhibit 2 Notices Mailed: q-- 5- /6 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): Eli's Trailer Sales, LLC 2 Owner mailing address: 907 NW Park Street, Okeechobee, FL 34972 3 Name of applicant(s) if other than owner Owner 4 Applicant mailing address: E-mail address: sam@eliswesternwear.com 5 Name of contact person (state relationship): Roland Durrance (Owner) or Samantha Durrance 6 7 Contact person daytime phone(s): (863) 763-2984 PROPERTY INFORMATION Property address/directions to property: 920 NW Park Street Okeechobee, FL 34972 8 Describe current use of property: Vacant (formerly a single -family dwelling). 9 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. Asphalt millings. Source of potable water: N/A Method of sewage disposal: N/A 10 Approx. acreage: 0.651 acres Is property in a platted subdivision? No. 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No. 12 Is a pending sale of the property subject to this application being granted? No. 13 Describe uses on adjoining property to the North: North: Auto Service and Residential ✓ East: Chiropractic Office / South: SR70, then various Commercial'/ West: Convenience Store,/ 14 Existing zoning: Heavy Commercial Future Land Use classification: Commercial 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (x)No ( )Yes. If yes provide date, petition number and nature of approval. 16 Request is for: ( ) Rezone (x) Special Exception ( ) Variance 17 Parcel Identification Number: 3-15-37-0010-01630-0150 3-15-31-35-OOIb-01X30- DISo (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. Signature .W1,/,/ Printed Name Roland Durrance Date / // For questions relating 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: N/A - Applicant is the Owner 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: See attached. 21 Notarized letter of consent from property owner (if applicant is different from property owner) N/A 22 'ithree property surveys (one no larger than 11x17) containing: See attached. a. Certified boundary survey, date of survey, surveyor's name, address and phone number vb. Legal description of property pertaining to the application lc. 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) Attached 24 Affidavit attesting to completeness and correctness of the list (attached) See attached. 25 Completed specific application and checklist sheet for each request checked in line 15 See attached. 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. Signature .W1,/,/ Printed Name Roland Durrance Date / // For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 11 15540 OORRE7' ►el A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: The requested Special Exception is for Outdoor Vehicle Sales Lot per Sec. 90-283(18) of the City LDR. B Are there similar uses in the area? No (x) Yes If yes, briefly describe them: The east end of Block 163 (also fronting SR70) contains the existing Eli's Trailer Sales facility. Immediately north of the property is an auto service station that includes outdoor vehicle storage. 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 lot is proposed to be used for storage of trailers for sale associated with the existing operation located at 908 NW Park Street. No additional office space is proposed, and no employees will be located on the subject property. D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. N/A E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. See attached. 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. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 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. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on 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. 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an adverse effect on the public interest. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 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 11 393 SW 67U; Drive ,MSEC Sumner Engineering & Consulting, Inc. Okeechobee, FL 34974 /Agriculture, CIM, Land & Water Resources 863.634.9474 August 7, 2018 City of Okeechobee Planning & Zoning Department Attn: Patty Burnette, General Services Coordinator 55 SE 3`d Avenue Okeechobee, FL 34974 RE: Request for Special Exception Eli's Trailer Sales, LLC Parcel ID No. 3-15-37-35-0010-01630-0150 Ms. Burnette: This letter report is intended to supplement the above -referenced application. Eli's Trailer Sales LLC is requesting a Special Exception to allow for outdoor storage of trailers associated with their existing business at 908 NW Park Street. Specific required sections of the application are addressed below. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] 1. Demonstrate that the proposed location and site are appropriate for the use. The project site is in a Heavy Commercial district with direct frontage to State Road 70. The road frontage and associated visibility make it ideal for a sales lot. Further, the subject site is in close proximity to the existing trailer sales operation (located at the east end of Block 163). 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. No buildings are proposed. The subject parcel will be used for outdoor sales and storage, and is consistent with surrounding commercial uses. No specific design efforts are needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. The subject parcel is surrounded by similar commercial uses, including an auto service facility to the north that includes outdoor storage of motor vehicles. Visual screening is not necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. The proposed use is outdoor storage and sales of trailers in a Heavy Commercial district. The business is operated during normal hours, and is largely surrounded by similar commercial activities. No hazards, problems or public nuisance is anticipated. 5. Demonstrate how the utilities and other service requirements of the use can be met. There are no proposed buildings or other similar improvements, so utility services are not required. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. Retail traffic associated with the project is expected only at the existing sales office, located at 907 NW Park Street. The subject property will be utilized for storage of trailers for sale only, and minimal additional traffic is anticipated. FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(c), LDR pages 19 & 20] 1. The use is not contrary to the Comprehensive Plan requirements. The subject property has a Future Land Use designation of Commercial, and is within a Heavy Commercial zoning district (see Exhibits A and B, attached). The site is within the heavily -developed State Road 70 corridor. The proposed use is consistent with surrounding development patterns, and is not contrary to the Future Land Use or requirements of the Comprehensive Plan. 2. The use is specifically authorized as a special exception use in the zoning district. The proposed use (Outdoor Sales and Storage) is specifically authorized as a special exception use in Heavy Commercial zoning in accordance with Section 90-283(5). It is noted that the use could be considered an Outdoor Vehicle Sales Lot, which is also specifically authorized as a special exception use in Section 90-283(18). 3. The use will not have an adverse effect on the public interest. The use is an expansion of an existing successful business selling trailers within a community with a significant agricultural presence. The use will in no way have an adverse effect on the public interest. 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 use is compatible with similar uses within the same block, and nearby. The proposed use in a Heavy Commercial district is not detrimental to urbanizing land use patterns, and in fact is a continuance of similar land use patterns in the area. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The use is consistent with both the zoning classification and land use designation of the subject property and surrounding area. No adverse effect on property values or living conditions should be expected. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Surrounding uses are similar in nature, so no impact of nuisance or hazard to adjacent properties is expected. Screening is not required. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. No buildings or other uses are proposed on the site 2IPage that would require utility services. Further, the proposed use will have no impact on schools, streets or other public services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The use is not anticipated to affect public safety in any way. We have attempted to prepare a complete application for the requested Special Exception. However, if you have any questions or require any additional information at this time, please do not hesitate to contact me at your convenience. Thank you in advance for your assistance in this matter. Sincerely, Sumner Engineering & Consulting, Inc. Je r -y M. Sumner, PE President 3IPage '47442» IC ' 2 2' 7 iiminsidi - • 1 10 10 21 2222 'E -r1 3 2 26 27 WAN. 11 TH AVENUE EXH NG ZO NG 24 2 13 1.1 45 16 +7 16 16 21 NM, 3 RD STREET 25 N.W. ND STREET • 28 1"2 13 16 15 16 77 'a '111 2'7 STATE ROAD 70 • : 777 -11 „ 11 12 /2 '1 -7 22 S.W. PARK STREET ZONING WI IXIMERCINL MINI= 1161RICT 11111 NEWT C3221" 214.13. .1.7L757.1MtAl w. 0014Th4212Z43444 C:12a MIMIC 'Me -COM_ 14P6M FP9A1111£1'; F16/371146D/1/1/161111ML7151621765141L11E 5113.',6.7221116621/736 if/t71l_178-112364-11110-660 21E0M05110-72-221-1130.E 001= FIMEM3-102_ MOTIF 3=21M Er14-0112110/11 aWiEr3k122,012&`. InEreN3191113Ti4VAVE021716 rn.rminmumw_ritE itsgorawmg.olo&-v N. VV. 10 TH AVENUE TA DI-SIGNAT 131 a 6 27 r 22 311 74 744 3tt St AI 2 1 132 1-1 15 177 17 16 14 77 71 73 2/, 20 W. PARK STR.EET ONS 130 7 13 1 ,7 634321 133 11 4 113 '1 12 10 '14 70 I, Q STREET 14 17 11 199 13 12 11 10 e 11 7 6' 200 14 la .4 17 3I 313 30 71' 7.1 Pa FL S R E- 1111E7311)8 129 i 5 2 3 1 3 // LI STREET 1Q, UJ 7 2 1 14 CI 10 01 16 20 16 190 'SEC Sumner Engineering & Consulting, Inc. t7- Agriculture, Civil, Land & Water Resources 393 SW 67th DrivE Okeechobee, FL 34974 863.634.9474 17, 162 7 13 '3 10 17 12 :s EXHIBIT • • FUTURE LAND USE DESIGNATIO\S 11 10 9 8 7 6 5 4 3 2 '2 `3 23 14 15 19 17 ' 8 19 20 21 22 23 N.W. 4 TH STREET 10 0 8 7 6 5 4 3 2 1 2A 11 12 13 14 15 16 17 18 19 70 w N.W. 3 RD STREET w z z w w 0 9 6 7 6 5 4 3 2 1 .1 '9 9 8 / 6 5 4 3 2 1 �.._ 25 1 12 19 14 15 16 17 18 19 20 10 9 8 7 6 5 n..4 3 2 1 27 11 2 13 14 15 16 17 18 19 21 71 7 2 6 5 G fi r 3 2 14 •, c 17 18 `9 20 21 22 23 11 12 13 14 15 16 17 18 19 70 N.W. 2 ND STREET z :f r? 8 ! 0 5 4 3 2 1 e 4V 1,, 12 13 14 15 16 17 18 19 23 13 12 11 10 9 8 7 0 5 4 3 2 1 131 14 15 16 17 18 10 70 21 22 23 24 25 26 13 12 11 10 9 8 7 6 5 4 3 2 1 132 14 15 16 17 16 19 70 21 22 23 24 25 26 13 12 11 10 9 8 7 6 5 .: 3 7 Ai 1613 14 15 16 17 13 19 20 21 22 23 24 25 28 i STATE ROAD 70 F .. W. PARK STREET .. 9 8 ' 515 = 3 1 1: "2 03 14 15 16 17 13 19 20 S.W. PARK STREET 1'J 8 8 7 9 5 4 3 2 1 4 11 12 13 14 15 16 17 18 19 20 lu z 6 5 4 3 2 1 130 7 8 13 10 11 6 5 4 3 2 1 133 7 8 9 10 11 12 w 11 1312 11 10 9 1995 4 3 2 1 6 81982; w 9 Ill 12 1 '0 9 7 7 " _ 4 3 2 1 �^ 5 ' 3 2 200 ^ 201 +.2 15 22 23 25 2. .. ic b ,c)..„ I 1 2_ 3 4 5 6 7 z 0 1:1 • °MSEC Sumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources 393 SW 67th Drive Okeechobee, FL 34974 863.634.9474 _} f LAND USE CLASSIFICATIONS SINGLE - FAMILY RESIDENTIAL MIXED USE RESIDENTIAL MULTI - FAMILY RESIDENTIAL COMMERCIAL INDUSTRIAL PUBLIC FACILITIES CENTERLINE RAILROAD UNINCORPORATED ' 1 lu z 6 5 4 3 2 1 130 7 8 13 10 11 6 5 4 3 2 1 133 7 8 9 10 11 12 w 11 1312 11 10 9 1995 4 3 2 1 6 81982; w 9 Ill 12 1 '0 9 7 7 " _ 4 3 2 1 �^ 5 ' 3 2 200 ^ 201 +.2 15 22 23 25 2. .. ic b ,c)..„ I 1 2_ 3 4 5 6 7 z 0 1:1 • °MSEC Sumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources 393 SW 67th Drive Okeechobee, FL 34974 863.634.9474 _} Prepared by and retum to: JOHN D. CASSELS, JR. Partner LAW OFFICE OF CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 863-763-3131 File No.: 18-9938 111111101110131111101111/10 el FILE NUN 201 002079 OR BK 802 PG 1562 SHARON ROBERTSON: CLERK COMPTROLLER OKEECHOBEE COUNTY: FLORIDA RECORDED 02/19/2018 03:33:42 Ph AMT 3175,000.00 RECORDING FEES $10.00 DEED DOC 1:225.00 RECORDED BY F Conner Ps 1562; (1 Ps) Parcel Identification No. 3-15-37-35-0010-01630-0150 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 19th day of February, 2018 Between CRCO PROPERTIES, LLC, a Florida limited liability company whose post office address is 606 NORTH PARROTT AVENUE, Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantor*, and ELI'S TRAILER SALES LLC, a Florida limited liability company whose post office address is 907 NW PARK STREET, Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: LOTS 14 THROUGH 17, INCLUSIVE, BLOCK 163, CITY OF OKEECHOBEE, ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 10, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. • "Grantor" and "Grantee" are used for singular or plural. as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: CRCO PROPERTIES, LLC, a Florida limited liability company by CRCO Holdings, LLC, a Florida limited liability company - Manager CHARLES S, Manager State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this 19th day of February, 2018 by CHARLES BARTELS, Manager of CRCO Holdings, LLC as Manager of CRCO PROPRTIES, LLC, on behalf of the limited liability company. He/she L] is personally known to me or [X] has pr.duced a driver's license as identification. 1 [Notary S ;all GOVEZ �_ _ = VY CO:Jl,!ISSIO\: GG 035'131 �--._ EXPIRES: O tober29. 2020 Borax' iluu No 2ry PuMe Uude:Kri;es otary blic Petition No. / OOvt - 5 L= 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 July 30 , 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 1st day of August , 2018 10,-e-./ Signature of Applicant Roland Durrance Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscrib efore me this / day of known to me or produc did not take an oath. Date Notary Publi•, Stat= of Florida (Rev 9/2017) Seal: Personally as identification and MILLY CREWS Commission # FF 183682 J Expires April 13, 2019 Banded Thu Troy Fein k &zanco 88038:-7010 Page 3 of 11 PARCEL NUMBER 3-21-37-35-0170-00040-0010 3-15-37-35-0010-02000-0100 3-15-37-35-0010-02000-0070 3-15-37-35-0010-01990-011A 3-21-37-35-0170-00010-0010 3-15-37-35-0010-01990-0110 3-15-37-35-0010-01990-0070 3-15-37-35-0010-01990-0030 3-16-37-35-0160-00280-0190 3-16-37-35-0160-00280-0190 3-15-37-35-0010-01630-0180 3-15-37-35-0010-01630-0200 3-15-37-35-0010-01630-0220 3-16-37-35-0160-00280-0010 3-15-37-35-0010-01630-0120 3-15-37-35-0010-01630-0100 3-15-37-35-0010-01630-0090 3-15-37-35-0010-01630-0070 3-15-37-35-0010-01630-0050 3-16-37-35-0160-00250-0170 3-15-37-35-0010-01320-0140 3-15-37-35-0010-01320-0160 3-16-37-35-0160-00250-0190 3-15-37-35-0010-01320-0180 3-15-37-35-0010-01320-0200 OWNER BIRDASHAW LOUISE E STATE OF FLORIDA D.O.T. NEMEC LLC ELI'S WESTERN WEAR INC SOUTHEAST MILK INC THE ALARM COMPANY OF OKEECHOBE ELI'S WESTERN WEAR INC -ELI'S WESTERN WEAR INC NAFAL ZABEN OMAR NAFAL ZABEN OMAR DOUGLAS EDWARD TRUSTEE DOUGLAS EDWARD DURRANCE CLYDE ROLAND II & TRIPP PENNY HALE TRUSTEE SANDOVAL AUTO SERVICE LLC -RODRIGUEZ J NATIVIDAD & GARCIA RODRIGUEZ J NATIVIVDAD & GARCI RODRIGUEZ NATIVIDAD J & ALEJAN, EH'S-T-RAI LER- SALES LLC JENKINS OMIE L & RIECK DOROTHY DECARLO PROPERTY MANAGEMENT RODRIGUEZ GLORIA, ETAL. RAMIREZ MARIA & RAMIREZ VICTOR HAVEN OF REST INC GRAND LAKE INVESTMENTS INC ADDRESS 1202 SE 8TH AVE PO BOX 1249 608 HARBOUR POINTE WAY 907 NW PARK ST PO BOX 3790 919 NW PARK ST 907 NW PARK STREET 907 WN PARK STREET 965 SE 23RD ST 965 SE 23RD ST 916 WN PARK ST 916 WN PARK ST LINDA DALE DURRANCE REVOCABLE P O BOX 881749 7225 NE 7TH ST 3926 NW 36TH AVE 3926 NW 36TH AVE 3926 NW 36TH AVE 907 NW PARK ST 1300 SW 86TH AVE 405 SW 2ND ST C/O NOE RODRIQUEZ 877 NE 32ND AVE 32801 US HIGHWAY 441 N LOT 244 406 SW 2ND ST ADDRESS 1 CITY OKEECHOBEE BARTOW GREENACRES OKEECHOBEE BELLEVIEW OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE 2155 SW 32ND STREET OKEECHOBEE PORT ST LUCIE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE 17324 NW 213TH DR HIGH SPRINGS OKEECHOBEE OKEECHOBEE OKEECHOBEE STATE ZIP FL 349740000 FL 338311249 FL 334130000 FL 34972 FL 344210000 FL 34972 FL 34972 FL 349744138 FL 349745393 FL 349745393 FL 34972 FL 349724138 FL 34974 FL 349880000 FL 349748160 FL 34972 FL 349720000 FL 349720000 FL 349724117 FL 34974 FL 349744214 FL 326436403 FL 349723431 FL 349720296 FL 349744215 3-16-37-35-0160-00280-0010 IC 111 3-16-37-35-0160-00280-0190 co - o c-) 0 SUBJECT PARCEL r' o 3-15-37-35-0010-01630-0150 a " 9 r/ 4 3-15-37-35-0010-01990-0070 1 Ia ion 1 wereJlime OKEECHOBEE COUNTY PROPERTY APPRAISERS OFFICE w�E O O 0 0 wr w 1- V) w w CC 1- 14 J U U w w 1- 0 0 0 0 w 7 - Er • 51 I 0 f 15.0' ALLEY FENCE ON ALLEY LINE 15.0' ALLEY G L-7._.---__-4., T T T T '71-- % / / /W7--7 —7 �/ /,-; ,-4'/, n, / ',k.W 7—/ -7-7 / --=-747 R15' EXISTING ASPHALT MILLINGS AND 2" OF BASE COURSE TO BE REMOVED / REPLACED WITH TOP SOIL FOR LANDSCAPE BUFFER 10' MINIMUM ROAD FRONTAGE LANDSCAPE STRIP PROPOSED EDGE OF ASPHALT MILLINGS ▪ R15' LOT 14 • PROPOSED LANDSCAPE BUFFER PER CITY LDR. (LANDSCAPE MATERIAL VARIES PER OWNER) EDGE OF ASPHALT MILLINGS ASPHALT MILLINGS LOT 15 ASPHALT MILLINGS EXISTING ASPHALT MILLINGS AND 2" OF BASE COURSE TO BE REMOVED / REPLACED WITH TOP , SOIL FOR LANDSCAPE BUFFER ASPHALT MILLINGS TO — MAINTAIN MINIMUM 2' SETBACK FROM PROPERTY LINE • PARCEL ID: 3-15-37-35-0010-01630-0150 BLOCK 163 P.B. 1, PG. 10 0.656 ACRES ± (VACANT) PROPOSED OUTDOOR SALES LOT (TRAILER PARKING ON ASPHALT MILLINGS) LOT 16 ,i3U.W� 2.0 PROPOSED EDGE OF ASPHALT MILLINGS ASPHALT MILLINGS TO MAINTAIN MINIMUM 6' SETBACK FROM PROPERTY LINE EXISTING ASPHALT MILLINGS AND 2" OF BASE COURSE TO BE REMOVED / REPLACED WITH TOP SOIL FOR LANDSCAPE BUFFER PROPOSED EDGE OF ASPHALT MILLINGS • DGE OF ASPHALT MILLINGS 2CONCRFTF . RR ,.I0 RI MICIDICEI9 m '611. to CONCRETE SIDEWALK LOT 17 6.0 ■ ASPHALT MILLINGS 10' 20' Scce: 1• a 10' i SITE DATA TABLE PROJECT AREA: 28,561.7 sqft (0.656 ACRES) IMPERVIOUS AREA: 24,392.8 sqf (0.56 ACRES) TOTAL ISR: 0.85 1 STORY C.B.S. LOT 18 CURB INLET EDGE OF ASPHALT PAVEMENT EXISTING OAK TREE EXISTING ASPHALT MILLINGS AND 2" OF BASE COURSE TO BE REMOVED / REPLACED WITH TOP SOIL FOR LANDSCAPE BUFFER CJL STATE ROAD 70 NO: DATE: REVISION COMMENT: OY: 1— w W F- w m fY Z'D CO 1n . • W±W • dao a 0zw V% 0- W 0 w ELI'S TRAILER SALES, LLC 000 Fy 1 LEGEND: (C) (P) FND P.B. PG. C.B.S. C/L VW FND NAIL & DISK NO IDENTIFICATION FIELD CALCULATED PLAT FOUND PLAT BOOK PAGE CONCRETE BLOCK STRUCTURE CENTERLINE RIGHT OF WAY WATER VALVE LIGHT POLE UTILITY POLE ELECTRIC BOX C/L 8TH STREET(P) C/L NW 2ND STR E ET(F) 1V m o- 0 z LOT 13 x x x BOUNDARY SURVEY SECTION 15 TOWNSHIP 37 SOUTH RANGE 35 EAST LOT 12 LOT 11 -x x = x — x� — 6, e/cE IO/ ALLEY x X OHU -- OHU OHU — OHU — OHU — 014U — OHU — OHU — OHU bu.UU' — —" FND 5/8" IRON ROD & CAP STAMPING ILLEGIBLE 0 wl . W H W W 1- tn J 0 0 0 Vl z3 z a -J LOT 14 SET 1/2' IRON ROD & CAP STAMPED 'BSM L8 8155' VARIES // 1 50110' 15.0' ALLEY N89'48'OJ E 200.00' — 50.00' 50.00' EDGE OF ASPHALT MIWNGS ASPHALT MILLINGS HU 15.0' ALLEY LOT 10 x� OHU 50.00' FND 5/8' IRON ROD & CAP STAMPED 'ALMOND' PARCEL ID: 3-15-37-35-0010-01630-0150 BLOCK 163 P.B. 1, P0. 10 0.656 ACRES LOT 15 (VACANT) LOT 16 LOT 17 EDGE OF ASPHALT YIWNG� 50.00' J__ — — 50.00' — I— — — sum' — ASPHALT MIWNGS ASPHALT MIWNGS -� • FND 5/8" IRON ROD & CAP STAMPED 'KAB LS 4820" N6946;55"E�200.00'.. ': OQNCREIE s~MEwALN , GKE-0, ASA/ALT PAYEk1ENT C/L STATE ROAD 70 SURVEYOR'S NOTES: 1. THIS IS A BOUNDARY SURVEY, AS DEFINED IN CHAPTER 5J-17.050(11) OF THE FLORIDA ADMINISTRATIVE CODE. 2. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS SURVEY IS NOT VALID. 3. THIS SURVEY WAS PERFORMED FOR THE SOLE AND EXCLUSIVE BENEFIT OF THE PARTIES LISTED HEREIN AND SHALL NOT BE RELIED UPON BY ANY OTHER ENTITY OR INDIVIDUAL WHOMSOEVER. LIKEWISE, ANY REUSE OF THIS SURVEY FOR ANY PURPOSE OTHER THAN WHICH WAS ORIGINALLY INTENDED, WITHOUT THE WRITTEN PERMISSION OF THE UNDERSIGNED SURVEYOR & MAPPER, WILL BE DONE SO AT THE RISK OF THE REUSING PARTY AND WITHOUT ANY LIABILITY TO THE UNDERSIGNED SURVEYOR & MAPPER. 4. LEGAL DESCRIPTIONS HAVE BEEN FURNISHED BY THE CLIENT OR HIS/HER REPRESENTATIVE. PUBLIC RECORDS HAVE NOT BEEN RESEARCHED BY THE SURVEYOR TO DETERMINE THE ACCURACY OF THESE DESCRIPTIONS NOR HAVE ADJOINING PROPERTIES BEEN RESEARCHED TO DETERMINE OVERLAPS OR HIATUS. 5. ADDITIONS OR DELETIONS TO THIS SURVEY MAP BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 6. UNDERGROUND IMPROVEMENTS, IF ANY, WERE NOT LOCATED EXCEPT AS SHOWN. .� ae-roeET.: 7. BEARINGS SHOWN HEREON ARE BASED ON GRID NORTH, AND ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT. THE BEARING BASE FOR THIS SURVEY IS THE CENTERLINE OF NW 10TH STREET, SAID CENTERLINE BEARS N 00'08'11"W AND ALL OTHER BEARINGS ARE RELATIVE THERETO. 8. THIS SURVEY DOES NOT HAVE THE BENEFIT OF A CURRENT TITLE COMMITMENT, OPINION, OR ABSTRACT. DURING THE COURSE OF THE SURVEY SOME SEARCHES OF THE PUBLIC RECORDS WERE MADE, BUT THESE SEARCHES WERE NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR A PROPER TITLE COMMITMENT, OPINION, OR ABSTRACT OBTAINED FROM A TITLE AGENCY OR OTHER TITLE PROFESSIONAL. 9. ADJOINING PROPERTY INFORMATION WAS OBTAINED FROM OKEECHOBEE COUNTY PROPERTY APPRAISER OFFICE. 10. SUBJECT PROPERTY IS LOCATED IN FLOOD ZONE X PER FEMA MAP NUMBER 12093C, PANEL NUMBER 0480C, WITH AN EFFECTIVE DATE OF 07/16/15. PROPERTY ADDRESS: 920 NW PARK ST OKEECHOBEE, FLORIDA 34974 Shet Gravid ibFli9we iy - 9 a Fiesta Suser Var.. % Okeechobee t'4 Sheriff Office Y ♦T_0 Northwest Park Street NW ParkSt Q NW Park St , feta USM P. Ascaotites. Inc P LOCATION MAP: NOT TO SCALE GRAPHIC SCALE 20 0 10 20 ( IN FEET ) 1 INCH = 20 FT. (INTENDED DISPLAY SCALE) LEGAL DESCRIPTION: LOT 14 TROUGH LOT 17, INCLUSIVE, BLOCK 163, CITY OF OKEECHOBEE, ACCORDING TO MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 10, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CERTIFICATION: I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. FOR THE BENEFIT OF THE FOLLOWING PARTIES ONLY: 1) ELI'S TRAILER SALES LLC SIGNED: RICHARD E. FIELD WORK DATE 08/06/18 REVISION DATE —/—/_ SHEET 1 OF 1 DRAWN BY: REB CHECKED BY: REB JOB #: 18-169 DATE: BARNES III, PROFESSIONAL SURVEY LAND SURVEYING SERVICES 208 SW 7th Ave., Okeechobee, FL 34974 ricky.barnes@bsmsu rvey.com 863.484.8324 LB 8155 � as Staff Report Special Exception Request Eli's Trailer Sales, LLC Outdoor Vehicle Sales lot (920 NW Park St.) Prepared for: The City of Okeechobee Applicant: Eli's Trailer Sales, LLC Petition No.: 18 -002 -SE L On/ 1375 in ion Sheet a 206 dart Mien, 339011 Staff Report Special Exception Request Eli's Trailer Sales, LLC Petition No. 18 -002 -SE General Information Owner/Applicant Eli's Trailer Sales, LLC Owner/Applicant Address 907 NW Park Street Okeechobee, Florida 34972 Site Address 920 NW Park Street Contact Person Roland Durrance (owner) or Samantha Durrance Contact Phone Number 863-763-2984 Email Address Existing Proposed Future Land Use Commercial Commercial Zoning District CHV, Heavy Commercial CHV, Heavy Commercial Use of Property Vacant (Former single- family dwelling Outdoor vehicle sales lot for storage of trailers. Acreage (per survey) 28,562 sf (0.66 acre) per site data table 28,562 sf (0.66 acre) per site data table Le • al Descri • tion of Pro • ert Location: 920 NW Park Street, Okeechobee, FL Parcel Identification Number: 3-15-37-35-0010-01630-0150 LOTS 14 THROUGH 17, INCLUSIVE, BLOCK 163, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY. tem Before the Board of Ad'ustment The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for an outdoor vehicle sales lot on a vacant parcel of land at the southeast corner of NW 10th Avenue and NW Park Street (SR 70). LaRue p.itnniog 1 Staff Report Special Exception Request Eli's Trailer Sales, LLC Petition No. 18 -002 -SE Descri .tion of theSituation The subject site is intended for the storage of trailers for sale associated with the existing sales operation located at 908 NW Park Street. No additional office space is proposed, and no employees will be located on the subject property. The owner has concurrently submitted another Special Exception Application for the same use at 907 NW 2nd Street. The site plan accompanying the application shows that most of the lot will be covered in asphalt millings upon which the trailer inventory will be stored. Ten -foot landscape buffers are shown along the western and southern property lines bordering NW 10th Avenue and SR 70, respectively. There is a six-foot buffer along the eastern property line and the northern property line borders an alley. Vehicular access for delivery and removal of trailers is provided by two asphalt driveways from NW 10th Avenue. The north driveway is 24 -feet wide and the southern driveway appears to be about 19 -feet wide. FLU —1- 1 • , o' • North East Future Land Use Map Zoning District Commercial CHV, Heavy Commercial and RMF, Multiple -Family Residential Existing Land Use Sandoval Vehicle Sales; Single-family homes to North and NE Future Land Use Classification Commercial Zoning District CHV, Heavy Commercial with RMF, Multiple- Family Residential to the NE Existing Land Use Professional office Future Land Use Classification South Zoning District Existing Land Use Future Land Use Classification West Zoning District Existing Land Use Commercial;`, CHV, Heavy Commercial Retail stores Commercial and Single -Family Residential to the northwest CHV, Heavy Commercial with RMF, Multiple -Family Residential to the NW Store; church to the NW L.aRup, p I anrtiiing 2 Staff Report Special Exception Request Eli's Trailer Sales, LLC Petition No. 18 -002 -SE Consistenc with Land Develo • ment Re • ulations 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 bold Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. "The project site is in a Heavy Commercial district with direct frontage to State Road 70. The road frontage and associated visibility make it ideal for a sales lot. Further, the subject site is in close proximity to the existing trailer sales operation (located at the east end of Block 163)." Staff Comments: We agree. The site is within the SR 70 Commercial corridor and its visibility is conducive to commercial display. The dual driveways on NW 10th Avenue facilitate the movement of vehicles into and out of the site. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "No buildings are proposed. The subject parcel will be used for outdoor sales and storage, and is consistent with surrounding commercial uses. No specific design efforts are needed." Staff Comments: We agree. LaKi,c ptannng 3 Staff Report Eli's Trailer Sales, LLC Special Exception Request Petition No. 18 -002 -SE (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "The subject parcel is surrounded by similar commercial uses, including an auto service facility to the north that includes outdoor storage of motor vehicles. Visual screening is not necessary." Staff Comments: We generally agree. However, the development must still comply with the general landscape and buffer requirements of Sections 90- 532 an 90-534, respectively. In this instance, application of the §90-534 results in e somewhat greater number of trees and shrubs than the minimum required under §90-532. The Site Plan sheet in the Application shows some landscaping along the frontage of SR 70 and NW 10th Avenue. This does not conform to the need for 12 trees and 37 bushes required by §90-534. It appears that all vegetation but one tree along SR 70 has already been removed. We recognize that there is little need for landscaping along the western half of the north side of the property across from Sandoval Vehicle Sales but, the required 12 trees and 37 bushes should be distributed along the northern property lone across from the existing single-family home, and along the eastern property line and the two road frontages. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "The proposed use is outdoor storage and sales of trailers in a Heavy Commercial district. The business is operated during normal hours, and is largely surrounded by similar commercial activities. No hazards, problems or public nuisance is anticipated." Staff Comments: We agree (5) Demonstrate how the utilities and other service requirements of the use can be met. "There are no proposed buildings or other similar improvements, so utility services are not required." Staff Comments: We agree. ptannu g 4 Staff Report Eli's Trailer Sales, LLC Special Exception Request Petition No. 18 -002 -SE (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "Retail traffic associated with the project is expected only at the existing sales office, located at 907 NW Park Street. The subject property will be utilized for storage of trailers for sale only, and minimal additional traffic is anticipated." Staff Comments: We would expect that traffic to and from the site will largely be limited to the delivery of trailers via SR 70 to the NW 10th Avenue entrance. The shuffling of trailers from the site to 907 NW Park Street will likely be via NW 10th Avenue to NW 2nd Street to the NW 9th Avenue entrance. Section 70-373 c 1 — 8 When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1)-(8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments follow and are shown in bold Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "The subject property has a Future Land Use designation of Commercial, and is within a Heavy Commercial zoning district (see Exhibits A and B, attached). The site is within the heavily -developed State Road 70 corridor. The proposed use is consistent with surrounding development patterns, and is not contrary to the Future Land Use or requirements of the Comprehensive Plan." Staff Comments: We agree. (2) The use is specifically authorized as a special exception use in the zoning district. "The proposed use (Outdoor Sales and Storage) is specifically authorized as a special exception use in Heavy Commercial zoning in accordance with Section 90-283(5). It is noted that the use could be considered an Outdoor Vehicle Sales Lot, which is also specifically authorized as a special exception use in Section 90-283(18)." Staff Comments: We agree the requested use is for an Outdoor Vehicles Sale Lot which is specifically authorized as a Special exception use in the CHV District. LAK » ptanniing 5 Staff Report Eli's Trailer Sales, LLC Special Exception Request Petition No. 18 -002 -SE (3) The use will not have an adverse effect on the public interest. "The use is an expansion of an existing successful business selling trailers within a community with a significant agricultural presence. The use will in no way have an adverse effect on the public interest." Staff Comments: We agree. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. (5) "The use is compatible with similar uses within the same block, and nearby. The proposed use in a Heavy Commercial district is not detrimental to urbanizing land use patterns, and in fact is a continuance of similar land use patterns in the area." Staff Comments: We agree. The site is within the SR 70 Commercial corridor and its visibility is conducive to display. The dual driveways on NW 10th Avenue facilitate the movement of vehicles into and out of the site. Most of the properties in the immediate area are commercial uses. Although zoned RMF, the three single-family uses to the north and northeast of the subject property are located on lands shown as Commercial on the Future Land Use Map. This is the dominant designation between SR 70 and NW 2nd St. throughout the City and indicative of the urbanizing land use pattern. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The use is consistent with both the zoning classification and land use designation of the subject property and surrounding area. No adverse effect on property values or living conditions should be expected." Staff Comments: The storage of trailers on the site will not create undue noise, odors or other nuisances that would affect living conditions on adjacent property. Given that all properties on the south side of NW 2nd St. are generally expected to ultimately transition to commercial uses, the proposed use will not reduce property values or be a deterrent to development or property values. R, pl OP ling 6 Staff Report Eli's Trailer Sales, LLC Special Exception Request Petition No. 18 -002 -SE (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "Surrounding uses are similar in nature, so no impact of nuisance or hazard to adjacent properties is expected. Screening is not required." (7) Staff Comments: We agree, but normal required landscape buffers must still be provided as identified previously on page 4. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "No buildings or other uses are proposed on the site that would require utility services. Further, the proposed use will have no impact on schools, streets or other public services." Staff Comments: We agree. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The use is not anticipated to affect public safety in any way." Staff Comments: Traffic will be limited to the delivery of trailers to the site via SR 70 to the NW 10th Avenue entrance. The shuffling of trailers from the site to the 907 NW Park Street will likely be via NW 10th Avenue to NW 2nd Street to the NW 9th Avenue entrance. While it will result in more traffic than at present, the volume of traffic should be limited and is not expected to cause traffic congestion. Recommendation Based upon the foregoing analysis and findings, Staff recommends Approval of Petition 18 -002 -SE with the following stipulation: The Applicant provides, in a manner acceptable to the City Administrator, the 12 trees and 37 bushes required to meet §90-534. 7 planning Staff Report Eli's Trailer Sales, LLC Special Exception Request Petition No. 18 -002 -SE Submitted by: r Wm. F. Brisson, AICP Planning Consultant September 12, 2018 Board of Adjustment Hearing: September 20, 2018 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses Kun planning 8 Staff Report Special Exception Request Eli's Trailer Sales, LLC Petition No. 18 -002 -SE NW 2nd St. 1 FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS 0 ar . z SW Park St. COMPREHENSIVE PLAN LAND USE SINGLE- FAMILY ow MULTI - FAMILY Mill COMMERCIAL INDUSTRIAL PUBLIC FACILITIES .1 RESIDENTIAL MIXED USE L.nkuf pian ning 2 675 z 9 Staff Report Eli's Trailer Sales, LLC Special Exception Request Petition No. 18 -002 -SE ZONiNG MAP SUBJECT SITE AND ENVIRONS NVV 2.nd St. .==: 1-c •*, 1\11/V-Frark St SWark S ZONING LaRue Otanning .416. NW Pafir 907 2141 St'', 199- 0) z 10 Staff Report Special Exception Request Eli's Trailer Sales, LLC Petition No. 18 -002 -SE EXISTING LAND USE SUBJECT SITE AND ENVIRONS NORTH ,e m DOT 114 ORE14%4P090; I,,,71KU0 ptanni;ng 11 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 9820 Fax (863) 763-1686 Date: T 7-12 I i .0SAN Petition No. ! p- 0, 3 -�� Fee Paid: s_--7 1 r c":5,-)6, ,.- Jurisdiction: WI -- Hearing: C-- - 2°d Hearing: /J�( S - Publication Dates: G ID i1e, f q ! !a- I v3 Exhibit 3 - Notices Mailed: "I -5-1r) Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): Eli's Trailer Sales, LLC 2 Owner mailing address: 907 NW Park Street, Okeechobee, FL 34972 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E-mail address: sam@eliswesternwear.com 5 Name of contact person (state relationship): Samantha Durrance 6 7 Contact person daytime phone(s): (863) 763-2984 PROPERTY INFORMATION Property address/directions to property: 907 NW 2nd Street Okeechobee, FL 34972 8 Describe current use of property: Vacant 9 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. Asphalt millings Source of potable water: N/A Method of sewage disposal: N/A 10 Approx. acreage: 0.498 Acres ✓ Is property in a platted subdivision? No. 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No 12 Is a pending sale of the property subject to this application being granted? No 13 Describe uses on adjoining property to the North: Vacilrrl Cake 14- North: Apartments ./East: Retail South:/ Commercial (existing Trailer Sales office)West: Residential (Single Family)` 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: 3-15-37-0010-01630-0050 00/0—bIC030-0050 (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. Signature Printed Name Date Oland Durrance For questions relating 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: N/A - Applicant is the Owner 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: See attached. 21 Notarized letter of consent from property owner (if applicant is different from property owner) N/A 22 Three property surveys (one no larger than 11x17) containing: See attached. a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre / 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) Attached 24 Affidavit attesting to completeness and correctness of the list (attached) See attached. 25 Completed specific application and checklist sheet for each request checked in line 15 See attached. 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. Signature Printed Name Date Oland Durrance For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 11 vc A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: The requested Special Exception is for Outdoor Vehicle Sales Lot per Sec. 90-283(18) of the City LDR. 13 Are there similar uses in the area? No (x) Yes If yes, briefly describe them: The proposed sales lot is an extension of the existing Eli's Trailer Sales lot immediately to the south. 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 lot is proposed to be used for storage of trailers for sale associated with the existing operation located at 908 NW Park Street. No additional office space is proposed, and no employees will be located on the subject property. D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. N/A E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. See attached. 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. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 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. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (Rev 9/2017) Page 8of11 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. 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an adverse effect on the public interest. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 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 ,, SE(` 393 SW 67th Drive `,SLlmner Engineering & Consulting, Inc. Okeechobee, FL 34974 `' ,/Agriculture, Civil, Land & Water Resources 863.634.9474 N a,(y tea August 7, 2018 City of Okeechobee Planning & Zoning Department Attn: Patty Burnette, General Services Coordinator 55 SE 3`d Avenue Okeechobee, FL 34974 RE: Request for Special Exception Eli's Trailer Sales, LLC Parcel ID No. 3-15-37-35-0010-01630-0050 Ms. Burnette: This letter report is intended to supplement the above -referenced application. Eli's Trailer Sales LLC is requesting a Special Exception to allow for outdoor storage of trailers associated with their existing business at 908 NW Park Street. Specific required sections of the application are addressed below. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] 1. Demonstrate that the proposed location and site are appropriate for the use. The project site is in a Heavy Commercial district one-half block off of State Road 70. The subject site is immediately north of, and adjacent to, the existing trailer sales operation (located at the east end of Block 163) and is therefore a logical expansion of that business. The location and site are appropriate for the proposed 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. No buildings are proposed. The subject parcel will be used for outdoor sales and storage, and is consistent with surrounding commercial uses. No specific design efforts are needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. The subject parcel is largely surrounded by similar commercial uses, although there is an existing single-family use (though in Heavy Commercial zoning) immediately to the west of the subject parcel. The applicant understands that landscaping/buffering along that property line may be required. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. The proposed use is outdoor storage and sales of trailers in a Heavy Commercial district. The business is operated during normal hours, and is largely surrounded by similar commercial activities. No hazards, problems or public nuisance is anticipated. 5. Demonstrate how the utilities and other service requirements of the use can be met. There are no proposed buildings or other similar improvements, so utility services are not required. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. Retail traffic associated with the project is expected only at the existing sales office, located at 907 NW Park Street. The subject property will be utilized for storage of trailers for sale only, and minimal additional traffic is anticipated. FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(c), LDR pages 19 & 20] 1. The use is not contrary to the Comprehensive Plan requirements. The subject property has a Future Land Use designation of Commercial, and is within a Heavy Commercial zoning district (see Exhibits A and B, attached). The site is within the heavily -developed State Road 70 corridor. The proposed use is consistent with surrounding development patterns, and is not contrary to the Future Land Use or requirements of the Comprehensive Plan. 2. The use is specifically authorized as a special exception use in the zoning district. The proposed use (Outdoor Sales and Storage) is specifically authorized as a special exception use in Heavy Commercial zoning in accordance with Section 90-283(5). It is noted that the use could be considered an Outdoor Vehicle Sales Lot, which is also specifically authorized as a special exception use in Section 90-283(18). 3. The use will not have an adverse effect on the public interest. The use is an expansion of an existing successful business selling trailers within a community with a significant agricultural presence. The use will in no way have an adverse effect on the public interest. 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 use is compatible with similar uses within the same block, and nearby. The proposed use in a Heavy Commercial district is not detrimental to urbanizing land use patterns, and in fact is a continuance of similar land use patterns in the area. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The use is consistent with both the zoning classification and land use designation of the subject property and surrounding area. No adverse effect on property values or living conditions should be expected. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Most surrounding uses are similar in nature, so no impact of nuisance or hazard to adjacent properties is expected. The applicant 2jPage understands that screening may be required between the proposed use and the existing residential use to the west. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. No buildings or other uses are proposed on the site that would require utility services. Further, the proposed use will have no impact on schools, streets or other public services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The use is not anticipated to affect public safety in any way. We have attempted to prepare a complete application for the requested Special Exception. However, if you have any questions or require any additional information at this time, please do not hesitate to contact me at your convenience. Thank you in advance for your assistance in this matter. Sincerely, Sumner Engineering & Consulting, Inc. Je rey M. Sumner, PE President 3IPage EXHIBIT A EXISTING ZONING DESIGNATIONS 23 15 14 17 19 19 31/ 21 22 27 9 9 7 3 5 .• 3 . 2 1 26 '3 4 15 10 17 19 77 0 - 27 uJ LLI •-• 24 N.W. 3 RL STREET 9 8 7 6 6 1 1 25 ^1 32 • s Id 15 14 a 16 19 N.W. 2 ND STREET 7 1 5: 3 7 •I 28 13 14 15 76 If 18 19 39 2' 17 1' 32 13 14 15 16 17 10 13123 w 6 r- 131 3 '1 7 10 19 20 21 22 7.1 43 70 13 13 11 10 99 r s s 4 3 2 1 132 14 13 19 17 18 19 20 31 7? 21 16 16 11 V (4 4' 10,0 1 I 2 14 '6 35 :3 16 19 23 21 12 23 24 21 71) STATE ROAD 70 it W. PARK,3TREe. ... . 1 r'41 3 11. 1' 13 85 • 3. ' 11 12 13 44 15 10 17 18 19 A 4 3= 9 7 S.W. PARK STREET ZONING 1:0116113111:11/L ilelfelE1110 111/ Mart CCINSIBICaii. USW all111111EIMIL 550911156181g4fit 1KAl mum= 15EnillE154_ Malt 511g1113Ell Pal.2,2212UMW 3221134131XM23S3.27,4,5133010 316106273342691) 85_011121-7542,133.9.s81791i 55E-511.1112. L7.8_11£131E Gilrar FIET81237j:a1mr-.201.E .5rT IT:L4111176 Mt MIELE rraivuttE 11101111131111:11.570W3E 33311V32359933 551. 1111111J1OPOCISIRT12aile ••••••4 4, 18 70 11D STREET S 4 3 2 1 13. 5. VI 215:49, - 33 62 11 10 3 36 7 0 5 ,s 3 2 l. 200 Eat,..so 18 19 739 71 77 Al At 95 - .11411:611;111- H. W. 9 TH AVENUE 130 7 ft 13 • s 6 1 3 2 1 133 r 12 162 7 8 9 to 1- • w 11; 201 _Uf3J-ECt i?ROP„,, 15 IT15 19 20 D STREET 4 .1 2 1 1 '5 17 10 69 90 STREET 9 2 3 4 5 8 e Z 202 11:N 15 IC 129 Sumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources 393 SW 67th Drive Okeechobee, FL 34974 863.634.9474 EXHIBIT B FUTURE LAND USE DESIGNATIONS 11 10 9 6 7 6 5 4 3 7 2 23 4 15 16 17 .6 19 20 21 22 23 NM. 4TH STREET 10 5 8 7 6 5 2A - 3 2 1 11 12 13 14 15 16 17 18 19 20 Lu N.W. 3 RD STREET w z z w w w O 9 8 7 6 5 4 3 2 1 Q' 10 9 8 / 6 5 4 3 2 1 -- 25. 1 12 13 14 15 16 17 18 19 20 11 12 13 14 15 16 17 18 19 20 N.W. 2ND STREET a O 9 8 7 6 5 3 2 1 10 9 8 / 6 5 4 . _ 1 27 28 11 2 13 14 15 16 17 18 15 70 71 6 9 7 6 4 3 2' Id = 17 1/3 'S 20 21 22 23 11 12 13 14 15 16 17 18 19 23 STATE ROAD 7d :; 9 8 7 615 4 3 14 12 13 11 15 16 17 16 19 20 S.W. PARK STREET 13 12 11 10 9 8 7 6 5 4 3 2 131 14 15 16 17 18 39 70 21 22 23 24 25 26 13 12 11 10 3 8 7 6 5 4 3 2 1 132 14 15 16 17 18 19 70 21 22 23 24 25 26 13 12 11 10 9 8 7 6 .. - 3 2 163 '4 15 16 •7 16 19 20 21 22 23 24 25 26 N. W. PARI{ STREET N. W. 9TH AVENUE 6 5 4 3 2 1 130 7 8 s 10 11 13 F. 4 3 2 1 133 7 8 9 10 11 12 6 5 . 3 2 162 7 8 9 13 11 12 1U 9 8 7 6. 5 4 3 2 11 12 13 11 15 16 17 18 19 20 13 12 11 10 9 i995 13 2 5 9:$ 7 1 w n w t2 - _ 6 _ 4 3 2 - 3 2 0 201 t3.11C i r -`r N. W. 8 TI -1 AVENUE 129 13 lel 5 /SECSumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources \,4 393 SW 67th Drive Okeechobee, FL 34974 863.634.9474 LAND USE CLASSIFICATIONS SINGLE - FAMILY RESIDENTIAL MIXED USE RESIDENTIAL MULTI - FAMILY RESIDENTIAL COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RAILROAD CENTERLINE UNINCORPORATED 1 13 12 11 10 9 i995 13 2 5 9:$ 7 1 w n w t2 - _ 6 _ 4 3 2 - 3 2 0 201 t3.11C i r -`r N. W. 8 TI -1 AVENUE 129 13 lel 5 /SECSumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources \,4 393 SW 67th Drive Okeechobee, FL 34974 863.634.9474 Prepared by and return to: JOHN D. CASSELS, JR. Partner LAW OFFICE OF CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 863-763-3131 File No.: 18-9943 Parcel Identification No. 3-15-37-35-0010-01630-0050 1111111 111 11ll 11111111111111131111F I L E i+lLICi 2013002 D;31 OR EK 8e32 PG 1565 SHARON ROBERTS0N, CLERK f, COMPTROLLER OKEECHOBEE COUNTY, FLORIDA RECORDED 02/19/2018 03:37:46 P{1 ANT $95,000,00 RECORDING FEES $10.00 DEED DOC 5665.00 RECORDED BY F Conner Ps 1565; (1 os) [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 19th day of February, 2018 Between 4 L HOLDING, LLC, a Florida limited liability company whose post office address is PO BOX 1044, Okeechobee, FL 34973 of the County of Okeechobee, State of Florida, grantor*, and ELI'S TRAILER SALES LLC, a Florida limited liability company whose post office address is 907 NW PARK STREET, Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: THE WEST 9 FEET OF LOT 3, BLOCK 163, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: ALL OF LOTS 4 AND 5, BLOCK 163, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: A PORTION OF LOT 6, BLOCK 163, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 163, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 6, BEAR EASTERLY ALONG THE NORTH LINE OF LOT 6, A DISTANCE OF 9.00 FEET TO THE POINT -OF -BEGINNING, THENCE CONTINUE EASTERLY TO THE NORTHEAST CORNER OF LOT 6, A DISTANCE OF 41.00 FEET; THENCE SOUTHERLY TO THE SOUTHEAST CORNER OF LOT 6, A DISTANCE OF 142.50 FEET; THENCE WESTERLY TO THE SOUTHWEST CORNER OF LOT 6, A DISTANCE OF 50.00 FEET; THENCE NORTHEASTERLY, A DISTANCE OF 142.72 FEET MORE OR LESS TO THE POINT -OF -BEGINNING. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness Name: - ,'l(;, I Al_ ,/U►ALL. r► ." , 4112.. A Witn-ss Na P l..u. tilW•e.e_ 4 L HOLDING, LLC, a Florida limited liability company HEATH LAWRENCE, Manager State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this I CO day of February, 2018 by HEATH LAWRENCE, Manager of 4 L HOLDING, LLC, a Florida limited liability company, on behalf of the limited liability company. He/she [J is personally known to me or [X] has produced a driver's license as identification. �1 Citc( ,,,� 'Notary'Public ( r [Notary y ht_:t :_ STEP.4ANIE GOMEZ MY COMM155l05 # GG 035181 EXPIRES: OOoSer 29.2020 SandedT Na'.zyP bGc Ur..Cewi:e:s of Petition No. / O-3 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 July 30 , 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 1st day of August , 2018 04l9-- Ii1L9 Signature of Applicant Date Roland Durrance Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribe known to me !/ did not take an oath. Notary e me this / day of or prod State of Florida (Rev 9/2017) Seal: h. Personally as identification and MILLY CREWS Commission # FF 183682 Expires April 13, 2019 Bondod Thu Tref Fein Inwa oo 8003a5-7019 Page 3 of 11 JI / UU11/4-1,-11 PARCEL NUMBER 3-15-37-35-0010-01990-0070 3-15-37-35-0010-01990-0030 3-15-37-35-0010-01990-0010 3-15-37-35-0010-01630-0150 3-15-37-35-0010-01630-0180 3-15-37-35-0010-01630-0200 3-15-37-35-0010-01630-0220 3-15-37-35-0010-01630-0240 3-15-37-35-0010-01620-0070 3-15-37-35-0010-01630-0120 3-15-37-35-0010-01630-0100 3-15-37-35-0010-01630-0090 3-15-37-35-0010-01630-0070 3-15-37-35-0010-01630-0030 3-15-37-35-0010-01630-0010 3-15-37-35-0010-01620-0010 3-15-37-35-0010-01320-0140 3-15-37-35-0010-01320-0160 3-15-37-35-0010-01320-0180 3-15-37-35-0010-01320-0200 3-15-37-35-0010-01320-0240 3-15-37-35-0010-01320-0250 3-15-37-35-0010-01320-0100 3-15-37-35-0010-01320-0080 3-15-37-35-0010-01320-0070 3-15-37-35-0010-01320-0050 3-15-37-35-0010-01320-0040 3-15-37-35-0010-01320-0020 3-15-37-35-0010-01320-0010 3-15-37-35-0010-01300-0010 3-15-37-35-0010-01320-0220 OWNER 'ELI'S WESTERN WEAR INC '4NC— EN'S-WES-TERN-WEAR INC EL -ILS TRAIiER-S1 L -ES -LL -C - /DOUGLAS EDWARD TRUSTEE BOLIGL-AS-EDWARD- ✓DURRANCE CLYDE ROLAND II & E' "- `^FERN -WEAR INC ✓FERRELLJASON ✓SANDOVAL AUTO SERVICE LLC -SII - I•■ . Rf31DRIGUEZ---J NAFlVIVDAB-&-GARC-- ✓RODRIGUEZ NATIVIDAD J & ALEJAN "KARLA & DEBRA HOLDINGS LLC KARLA &DEBRA HOLDINGS LLC ✓WATFORD DOWLING R TRUSTEE & JDECARLO PROPERTY MANAGEMENT ✓RODRIGUEZ GLORIA, ETAL. ✓HAVEN OF REST INC 'GRAND LAKE INVESTMENTS INC GRAMK - S -E P OSTMEN-TS-H VE VTOMLINSON WILLIAM JASON LIV TR '/ LQ DEN PSGG_y J STONE /*CONFIDENTIAL** '/ALLEN CAMERON GENE ✓,CREECH DANNY BROOKS (LIFE EST) "ZABEL CHAD ELI ./SMITH MARLENA M ./CASTANEDA RUBEN•& SANTIBANES Ma 'OKEECHOBEE COUNTY GRAND±AK-E-INVEST-M EN•TS-IN C 0. . cc��n ADDRESS 1 907 NW PARK STREET 907 NW PARK STREET 907 NW PARK ST 907 NW PARK ST 916 NW PARK ST 916 NW PARK ST LINDA DALE DURRANCE REVOCABLE 907 NW PARK STREET 900SR78W 7225 NE 7TH ST 3926 NW 36TH AVE 3926 NW 36TH AVE 3926 NW 36TH AVE PO BOX 1565 PO BOX 1565 WATFORD MARTHA B TRUSTEE 405 SW 2ND ST CIO NOE RODRIQUEZ 32801 US HIGHWAY 441 N LOT 244 406 SW 2ND ST 406 SW 2ND ST 2050 NE 144TH ST 925 NW 3`T **CONFIDENTIAL** 917 NW 3RD ST 913 NW 3RD ST 909 NW 3RD ST 905 NW 3RD ST PO BOX 101 STORAGE YARD 406 SW 2ND ST ADDRESS 2 CITY OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE 2155 SW 32ND STREET OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE 17324 NW 213TH DR HIGH SPRINGS OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE 2706 NE 6TH CT STATE ZIP FL 34972 FL 34972 FL 34972 FL 34972 FL 34972 FL 34972 FL FL 34972 FL 34974 FL 34972 FL 34972 FL 34972 FL 34972 FL 34973 FL 34973 FL 34972 FL 4972)I-4 FL 32643 FL 34972 FL 34974 FL 34974 FL 34972 FL 34972 OKEECHOBEE FL OKEECHOBEE FL OKEECHOBEE FL OKEECHOBEE FL OKEECHOBEE FL 34972 34972 34972 34972 34973 OKEECHOBEE FL 34974 SUBJECT. PARCEL 3-15-37-35-0010-01630-0050 THIS MEE NAB BEEN COMENEED GR. THE MOST ALITNEHNO INFORMAR. EVAEUBLENY0 s NE OKEECHOBEE COUNTY PROPEETEPPERNISER OFFICE DOES NOT ASSUME RESPONABBEEE FOR ENBCPS 01,1,1tSIONS CONTAINED HERECN OKEECHO EE COUNTY PR • PERTY „Et PPRAISER'S OFFICE FND NAIL NO IDENTIFICATION ^\ r N89'49'33"E 413.99' GRAPHIC SCALE 20 0 10 20 R/W UNE — J(,.� P.O.C.�I i NW CORNER OF LOT 6 0.3' WESTERLY LOT 7 ( IN FEET ) 0.1' EASTERLY 1 INCH = 20 FT. X (INTENDED DISPLAY SCALE) FND 5/8' IRON ROD NO IDENTIFICATION 35.0' rn n 0 z BOUNDARY SURVEY SECTION 15 TOWNSHIP 37 SOUTH RANGE 35 EAST EDGE OF PAVEMENT C/L NW 2ND STREET (F) C/L EIGHTH STREET (P) EDGE OF PAVEMENT SWALE EDGE OF ASPHALT MILLINGS I 1= N89'49'33'E 150.00' "2' 41.00' 50.00' 9.0' FAST NE CORNER OF NW CORNER OF LOT O OF LOT 8 FND 5/8" IRON ROD & CAP STAMPED 'RLS 2084' 1 LOT 6 g 1 / L,' _ 15.0' ALLEY LOT 20 LOT 21 SURVEYOR'S NOTES: 1. THIS IS A BOUNDARY SURVEY, AS DEFINED IN CHAPTER 5J-17.050(11) OF THE FLORIDA ADMINISTRATIVE CODE. 2. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS SURVEY IS NOT VALID. 3. THIS SURVEY WAS PERFORMED FOR THE SOLE AND EXCLUSIVE BENEFIT OF THE PARTIES LISTED HEREIN AND SHALL NOT BE RELIED UPON BY ANY OTHER ENTITY OR INDIVIDUAL WHOMSOEVER. LIKEWISE, ANY REUSE OF THIS SURVEY FOR ANY PURPOSE OTHER THAN WHICH WAS ORIGINALLY INTENDED, WITHOUT THE WRITTEN PERMISSION OF THE UNDERSIGNED SURVEYOR & MAPPER, WILL BE DONE SO AT THE RISK OF THE REUSING PARTY AND WITHOUT ANY LIABILITY TO THE UNDERSIGNED SURVEYOR & MAPPER. 4. LEGAL DESCRIPTIONS HAVE BEEN FURNISHED BY THE CLIENT OR HIS/HER REPRESENTATIVE. PUBLIC RECORDS HAVE NOT BEEN RESEARCHED BY THE SURVEYOR TO DETERMINE THE ACCURACY OF THESE DESCRIPTIONS NOR HAVE ADJOINING PROPERTIES BEEN RESEARCHED TO DETERMINE OVERLAPS OR HIATUS. 5. ADDITIONS OR DELETIONS TO THIS SURVEY MAP BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 6. UNDERGROUND IMPROVEMENTS, IF ANY, WERE NOT LOCATED EXCEPT AS SHOWN. TT ASPHALT MIWNGS f FND NAIL 1\4—NO IDENTIFICATION " N89'49'33'E 176.02' MITERED END SECTION -2,_35.0' CULVERT STM — STM — STM — SWALE PARCEL ID: 3-15-37-35-0010-01630-0050 BLOCK 163 P.B. 5, PG. 5 0.506 ACRES t (VACANT) LOT 5 ASPHALT MIWNGS 0 50.00' FND 5/8' IRON ROD & CAP STAMPED "RLS 2084' FND 5/8 IRON ROD & CAP STAMPED 'RLS 2084' LOT 4 —sysr_ _%9 OF ASPHALT DO— Gnu ^ C] N89'48'07'E 159.00 FND 5/8' IRON ROD & JAP STAMPING ILLEGIBLE FND 5/8' IRON ROD & CAP STAMPING ILLEGIBLE N 60 O. I0 0 0 0 z 9.0' R/W UNE WEST 9.0' OF LOT 3 LEGEND: (C) (F) (P) C/L FND 0.R.8. 0.H.U. PG. P.B. R/W ❑T P.O.B. !•01 Pore"... NW Pe, St CALCULATED FIELD PLAT CENTERLINE FOUND OFFICIAL RECORDS BOOK OVERHEAD UTILITY LINE PAGE PLAT BOOK RIGHT-OF-WAY TELEPHONE PEDESTAL UTILITY POLE POINT OF BEGINNING LEGAL DESCRIPTION: LOCATION MAP: NOT TO SCALE LOT 3 THE WEST 9 FEET OF LOT 3, BLOCK 163, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: ALL OF LOTS 4 AND 5, BLOCK 163, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: A PORTION OF LOT 6, BLOCK 163, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT 3001< 163, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 6, BEAR EASTERLY ALONG THE NORTH LINE OF LOT 6, A DISTANCE OF 9.00 FEET TO THE POINT -OF -BEGINNING, THENCE CONTINUE EASTERLY TO THE NORTHEAST CORNER OF LOT 6, A DISTANCE OF 41.0 FEET; THENCE SOUTHERLY TO THE SOUTHEAST CORNER OF LOT 6, A DISTANCE OF 142.50 FEET; THENCE WESTERLY TO THE SOUTHWEST CORNER OF LOT 6, A DISTANCE OF 50.00 FEET; THENCE NORTHEASTERLY, A DISTANCE OF 142.72 FEET MORE OR LESS TO THE POINT -OF -BEGINNING. LOT 22 LOT 23 LOT 24 7. BEARINGS SHOWN HEREON ARE BASED ON GRID NORTH, AND ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT. THE BEARING BASE FOR THIS SURVEY 15 THE CENTERLINE OF NW 2ND STREET, SAID CENTERLINE BEARS N 89'49'33" E AND ALL OTHER BEARINGS ARE RELATIVE THERETO. 8. THIS SURVEY DOES NOT HAVE THE BENEFIT OF A CURRENT TITLE COMMITMENT, OPINION, OR ABSTRACT. DURING THE COURSE OF THE SURVEY SOME SEARCHES OF THE PUBLIC RECORDS WERE MADE, BUT THESE SEARCHES WERE NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR A PROPER TITLE COMMITMENT, OPINION, OR ABSTRACT OBTAINED FROM A TITLE AGENCY OR OTHER TITLE PROFESSIONAL. 9. ADJOINING PROPERTY INFORMATION WAS OBTAINED FROM OKEECHOBEE COUNTY PROPERTY APPRAISER OFFICE. 10. SUBJECT PROPERTY IS LOCATED IN FLOOD ZONE X PER FEMA MAP NUMBER 12093C, PANEL NUMBER 0480C, WITH AN EFFECTIVE DATE OF 07/16/15. PROPERTY ADDRESS: NW 2ND ST. OKEECHOBEE, FLORIDA 34974 CERTIFICATION: I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. FOR THE BENEFIT OF THE FOLLOWING PARTIES ONLY: 1) ELI'S TRAILER SALES, LLC. SIGNED RICH DATE: v q D 'E. BARNES III, PROFESSIONAL SURVEYNR A D MAPPER # 7074 FIELD WORK DATE 8/6/18 REVISION DATE -/-/- SHEET 1 OF 1 DRAWN BY: BHM CHECKED BY: REB JOB #: 18-169 BSM &ASSOCIATES 41 / 1\ --<--. LAND SURVEYING SERVICES 208 SW 7th Ave., Okeechobee, FL 34974 ricky.ba rnes@bsmsurvey.com 863.484.8324 LB 8155 R/W UNE P.O.C. NW CORNER OF LOT 6 LOT 7 EDGE OF PAVEMENT C/L NW 2ND STREET (t) C/L EIGHTH. STREET (F1 EDGE OF PAVEMENT 9.0' I v 9.0' EAS OF NW C OF LOT 03' WESTERLY — AVERAGE DISTANCE FROM ADJOINING RESIDENTIAL USE SWALE \ GRASS DRIVEWAY. - CULVERT e 1h • LOT 6 R15' NE CORNER, OF LOT ,6 R15' LOT 20 LOT 21 MITERED END SECTIO SWALE 0 000 CULVERT EXISTING ASPHALT MILLINGS AND 2" OF BASE COURSE TO BE REMOVED / REPLACED WITH TOP SOIL FOR LANDSCAPE BUFFER ASPHALT MILLINGS e PROPOSED EDGE OF ASPHALT MILLINGS 11 10' MINIMUM ROAD FRONTAGE LANDSCAPE STRIP PARCEL ID: 3-15-37-35-0010-01630-0050 BLOCK 163 P.B. 5, PG. 5 0.506 ACRES ± (VACANT) PROPOSED OUTDOOR SALES kW gXPANSION (TRAILER PARKING ON ASPHALT MILLINGS) LOT 4 EDGE OF ASPHALT MILLING n n n 64:a N en 10' 20' 5101,: I' - 10' R/W LINE PROPOSED LANDSCAPE BUFFER PER CITY LDR. (LANDSCAPE MATERIAL VARIES PER OWNER) SITE DATA TABLE PROJECT AREA: 22,042.5 sqft (0.506 ACRES) IMPERVIOUS AREA: 16,910.7 sgfl (0.356 ACRES) TOTAL ISR: 0.77 LOT 3 o ® AVERAGE DISTANCE ITO PROPERTY LINE r e 1-0– 10.7� 0 ASPHALT MILLINGS I . e I . 1 I _ r e :E�l�f"�17_T�`HILJ?I 5 9 . IDNB9'4807 E 159.00 _ EXISTING ELI'S TRAILER - SALES LOT AND OFFICE LOT 22 LOT 23 2.0 LOT 24 LOT 2 NO: DATE REVISIONCOMMENT: BY: ELI'S TRAILER SALES, LLC I— n W m CC Ce a0 ZV W 0 SITE PLAN SHEET Staff Report Special Exception Request Eli's Trailer Sales, LLC Outdoor Vehicle Sales lot (907 NW 2nd St.) Prepared for: The City of Okeechobee Applicant: Eli's Trailer Sales, LLC Petition No.: 18 -003 -SE 1375 Jackson Street # 206 Fort Myers, Fl 33901 Staff Report Special Exception Request Eli's Trailer Sales, LLC Petition No. 18 -003 -SE General Information Owner/Applicant Eli's Trailer Sales, LLC Owner/Applicant Address 907 NW Park Street Okeechobee, Florida 34972 Site Address 907 NW 2nd Street Contact Person Samantha Durrance (owner) Contact Phone Number 863-763-2984 Email Address sam@eliswesternwear.com Future Land Use Zoning District Use of Property Acreage Existing Commercial CHV, Heavy Commercial Vacant 24,043 sf (0.55 acre) per site data table Proposed Commercial CHV, Heavy Commercial Outdoor vehicle sales lot for storage of trailers. 24,043 sf (0.55 acre) per site data table Le • al Descri •tion of Pro • ert Location: 907 NW 2nd Street, Okeechobee, FL Parcel Identification Number: 3-15-37-35-0010-01630-0050 THE WEST 9 FEET OF LOT 3, BLOCK 163, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: ALL OF LOTS 4 AND 5, BLOCK 163, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: A PORTION OF LOT 6, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 163, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 6, BEAR EASTERLY ALONG THE NORTH LINE OF LOT 6, A DISTANCE OF 9.00 FEET TO THE POINT -OF -BEGINNING, THENCE CONTINUE EASTERLY TO THE NORTHEAST CORNER OF LOT 6, A DISTANCE OF 41.00 FEET; THENCE SOUTHERLY TO THE SOUTHEAST CORNER OF LOT 6, A DISTANCE OF 142.50 FEET; THENCE WESTERLY TO THE SOUTHWEST CORNER OF LOT 6, A DISTANCE OF 50.00 FEET; THENCE NORTHEASTERLY, A DISTANCE OF 142.72 FEET MORE OR LESS TO THE POINT OF BEGINNING 11K planning 1 Staff Report Special Exception Request Eli's Trailer Sales, LLC Petition No. 18 -003 -SE Item -Before the Board of Ad'ustment The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for an outdoor vehicle sales lot on a vacant parcel of land fronting on NW 2nd Street. Descri • tion of the Situation The subject site is intended for the storage of trailers for sale associated with the existing sales operation located at 908 NW Park Street. No additional office space is proposed, and no employees will be located on the subject property. The owner has concurrently submitted Special Exception Application (18 -002 -SE) for the same use at 920 NW Park Street (SR 70). The site plan accompanying the application shows that most of the lot will be covered in asphalt millings upon which the trailer inventory will be stored. Landscape buffers of ten feet or more are shown along the northern, eastern and western property lines. Vehicular access for the delivery and removal of trailers is provided by a grass driveway about 18 or 19 feet wide from NW 2nd Street. The driveway is located at the northwest corner of the property. - - t FLU 1- ifi - • •>ra r-1 a i raFi �T•7 =�:� r �� •Mi • North East South Future Land Use Map Zoning District Existing Land Use Future Land Use Classification Zoning District Existing Land Use Future Land Use Classification Zoning District Existing Land Use Future Land Use Classification West Zoning District Existing Land Use Commercial CHV, Heavy Commercial and RMF, Multi -Family residential Multi -family uses Commercial CHV, Heavy Commercial with RMF, Multi -Family residential, vacant land to the northeast Retail and services shops Commercial CHV, Heavy Commercial Mxd. res/ofc and repair Svc; Eli's Trailer Sales main facility to the SE Commercial Multiple -Family Residential Single-family homes plannLng 2 Staff Report Special Exception Request Eli's Trailer Sales, LLC Petition No. 18 -003 -SE Consistent with Land Development Re. ulations 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 bold Arial typeface with deficiencies highlighted. (1) Demonstrate that the proposed location and site are appropriate for the use. " The project site is in a Heavy Commercial district one-half block off of State Road 70. The subject site is immediately north of, and adjacent to, the existing trailer sales operation (located at the east end of Block 163) and is therefore a logical expansion of that business. The location and site are appropriate for the proposed use." Staff Comments: The site is within the SR 70 Commercial corridor; has access from NW 2nd Street; and is adjacent to the main trailer sales operation. We agree the location and site are appropriate for the proposed 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. "No buildings are proposed. The subject parcel will be used for outdoor sales and storage, and is consistent with surrounding commercial uses and compatible with nearby multi -family uses. No specific design efforts are needed." Staff Comments: We agree. LbRp planning 3 Staff Report Eli's Trailer Sales, LLC Special Exception Request Petition No. 18 -003 -SE (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "The subject parcel is largely surrounded by similar commercial uses, although there is an existing single-family use (though in Heavy Commercial zoning) immediately to the west of the subject parcel. The applicant understands that landscaping/ buffering along that property line may be required." Staff Comments: We generally agree. The Site Plan sheet in the Application shows wider buffers than required along the eastern and western property lines and a total of five trees and 27 bushes. According to the requirements of §90-534, eight trees and 24 bushes are needed. We suggest that the trees be concentrated along the northern and western property lines. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "The proposed use is outdoor storage and sales of trailers in a Heavy Commercial district. The business is operated during normal hours, and is largely surrounded by similar commercial activities. No hazards, problems or public nuisance is anticipated." Staff Comments: We agree (5) Demonstrate how the utilities and other service requirements of the use can be met. "There are no proposed buildings or other similar improvements, so utility services are not required." Staff Comments: We agree. t3Iatitt rt;:f 4 Staff Report Eli's Trailer Sales, LLC Special Exception Request Petition No. 18 -003 -SE (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "Retail traffic associated with the project is expected only at the existing sales office, located at 907 NW Park Street. The subject property will be utilized for storage of trailers for sale only, and minimal additional traffic is anticipated." Staff Comrnents: We would expect that traffic to and from the site will largely be limited to the delivery of trailers to the site via SR 70 to NW 9th Avenue then to the entrance on NW 2nd St. The shuffling of trailers from the site to the 907 NW Park Street sales location will be via NW 2nd Street to the NW 9th Avenue entrance. However, the site plan shows the driveway entrance to the site is grass, not paved. It would seem reasonable that the driveway should be concrete or otherwise paved to City standards if it is to accommodate the pick-up and delivery of trailers. Section 70-373(0,11— When 0-373(0,11- 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 Ronan typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments follow and are shown in bold Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "The subject property has a Future Land Use designation of Commercial, and is within a Heavy Commercial zoning district (see Exhibits A and B, attached). The site is within the heavily -developed State Road 70 corridor. The proposed use is consistent with surrounding development patterns, and is not contrary to the Future Land Use or requirements of the Comprehensive Plan." Staff Comments: We agree. (2) The use is specifically authorized as a special exception use in the zoning district. "The proposed use (Outdoor Sales and Storage) is specifically authorized as a special exception use in Heavy Commercial zoning in accordance with Section 90-283(5). It is noted that the use could be considered an Outdoor Vehicle Sales Lot, which is also specifically authorized as a special exception use in Section 90-283(18)." Staff Comments: We agree the requested use as an Outdoor Vehicles Sale Lot is specifically authorized as a Speci::,l exception use in the ClIV District, 5 Staff Report Eli's Trailer Sales, LLC Special Exception Request Petition No. 18 -003 -SE (3) The use will not have an adverse effect on the public interest. "The use is an expansion of an existing successful business selling trailers within a community with a significant agricultural presence. The use will in no way have an adverse effect on the public interest." Staff Comments: e agree. (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 use is compatible with similar uses within the same block, and nearby. The proposed use in a Heavy Commercial district is not detrimental to urbanizing land use patterns, and in fact is a continuance of similar land use patterns in the area." Staff Comments: While the site is located within the SR i0 Commercial corridor, it is located at its western extremity with multi -family Future Land Use, Zoning and multi -family residences located across the street on the north side of NW 2nd St. There is also an existing single-family home immediately adjacent to the west, followed by two other single family uses. While these properties are zoned IRIVIF, they are designated Commercial on the FLUM. We fully expect that these lots will eventually transition to commercial zoning and use. However, heavier commercial uses, usually indicated by the need for special exception approval, may not be compatible in close proximity to residential use. At best they may require special buffering or screening to be compatible to residential uses. We believe this to be the case in this instance. The Applicant has provided an adequate spatial buffer along the NW 2nd Street frontage; a wider than required spatial buffer along the western property line; and, a buffer slightly deeper than the 10 feet required along the eastern property line. If the use is to be considered compatible with the nearby residential uses, we suggest that a solid fence and landscaping be provided along the northern half of the buffer along the western property line and all along the frontage of NW 2nd Street except the driveway. ptanntng 6 Staff Report Eli's Trailer Sales, LLC Special Exception Request Petition No. 18 -003 -SE (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The use is consistent with both the zoning classification and land use designation of the subject property and surrounding area. No adverse effect on property values or living conditions should be expected." Staff Comments: The storage of trailers on the site can be unsightly to nearby residential uses. The pick-up and delivery of trailers and storage of trailers on the site could also be noisy, but otherwise these activities are not likely to result in other nuisances that could affect living conditions on adjacent and nearby properties. The provision of the buffers as proposed, with landscaping as required by the LDC, and the aforementioned solid fence should alleviate the likely nuisance features, (Given that all properties on the south side of NW 2nd St, are generally expected to ultimately transition to commercial uses, the proposed use will not reduce property values or be a deterrent to development of adjacent property. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "Most surrounding uses are similar in nature, so no impact of nuisance or hazard to adjacent properties is expected. The applicant understands that screening may be required between the proposed use and the existing use to the west." Staff Comments: The provision of the buffers as proposed, with landscaping as required by the LDC, and the aforementioned solid fence would reduce the potential unsightliness and noise associated with storage, pick-up and delivery of the trailers. (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "No buildings or other uses are proposed on the site that would require utility services. Further, the proposed use will have no impact on schools, streets or other public services." Staff Comments- We agree. ptanntng 7 Staff Report Eli's Trailer Sales, LLC Special Exception Request Petition No. 18 -003 -SE (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The use is not anticipated to affect public safety in any way." Staff Comments: Traffic will likely be limited to the delivery of trailers to the site from SR 70 to NW 9th Avenue then to the NW 2nd Street entrance. The shuffling of trailers from the site to the 907 NW Park Street sales operation will be via NW 2nd Street to NW 9th Avenue entrance. While the storage site will result in additional traffic, the volume should be limited and is not expected to cause traffic congestion. Recommendation Based upon the foregoing analysis and findings, Staff recommends Approval of Petition Number 18 -003 -SE with the following stipulations: 1. In order to meet the requirements of §90-534, we suggest that the eight required trees be concentrated along the northern and western property lines to reduce the impact of delivery/pick-up activity to existing residential uses nearby. 2. Provide a solid fence along the northern half of the western property line and all along the frontage of NW 2nd Street except the driveway. 3. Pave the driveway to/from NW 2nd St. with concrete or other material as required by the City. Submitted by: Wm. F. Brisson, AICP Sr. Planner, LaRue Planning September 12, 2018 Board of Adjustment Hearing: September 20, 2018 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses LaKuc p Izrtn ing 8 Staff Report Special Exception Request Eli's Trailer Sales, LLC Petition No. 18 -003 -SE FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS NW 2nd St ar . SW Park St. z 11111111111111111 z COMPREHENSIVE PLAN LAND USE SINGLE-FAMILY IIII MULTI - FAMILY 1 COMMERCIAL INDLiS 1R.IAL 1 PUBLIC FACILITIES i.._.._..._..j RESIDENTIAL MIXED U5 E L R"ue planning 9 Staff Report Special Exception Request Eli's Trailer Sales. LLC Petition No. 18 -003 -SE Z(0)NING MAP SUBJECT SITE AND ENVIRONS NW 2nd St. _dn 11111111111 SW Park St. M ZONING �'".. -�A Y �i�w'VERC:tAL. 11 ti4VVIER,:As. Itd>! . . _ .'IAL LIQ .VF =Id!: IZ+ENTIAL AFIJLTIFAVILk \!W -R 10ENTIAL MOBILE -4Z.YE' fit I.4 LE F' V!L'' _ P'r 1,EV::E.411A.L': . _ i.ly FrAUfLV NW 9th Av. I JJ rwor bat!. ptanni:ng 10 N./ G. 11111111111 SW Park St. M ZONING �'".. -�A Y �i�w'VERC:tAL. 11 ti4VVIER,:As. Itd>! . . _ .'IAL LIQ .VF =Id!: IZ+ENTIAL AFIJLTIFAVILk \!W -R 10ENTIAL MOBILE -4Z.YE' fit I.4 LE F' V!L'' _ P'r 1,EV::E.411A.L': . _ i.ly FrAUfLV NW 9th Av. I JJ rwor bat!. ptanni:ng 10 Staff Report Special Exception Request Eli's Trailer Sales, LLC Petition No. 18 -003 -SE EXISTING LAND USE SUBJECT SITE AND ENVIRONS planning 11