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18-001-SE 100 SE 8th Ave (Checkers)` Ply is pct nfb fry e4 Rmd '-1-35-1 ? City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 9820 Fax (863) 763-1686 Date: Petition No. i Pjp©1,61L Fee Paid: Jurisdiction: 1449/4 1St Hearing: 2nd Hearing: 41 Publication Dates: Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): Windham Carl Lee Jr. 2 Owner mailing address: P.O. Box 2743, Tallahassee, FL 32316 3 Name of applicant(s) if other than owner NYLV Investors LLC 4 Applicant mailing address: 2000 Palm Beach Lakes Blvd Suite 205, West Palm Beach, FL 33409 E-mail address: Lindsay.Libes@wginc.com (agent) 5 Name of contact person (state relationship): WGI/ Lindsay Libes (agent) 6 7 Contact person daytime phone(s):561-537-4542 (agent) "� ' �, �A- + PROPERTY INFORMATION' Property address/directions to property: 100 SE 8th Ave, Okeechobee, FL 34974 8 Describe current use of property: The property currently consist of two buildings that no longer provide the services of the prior uses of Retail (party supply store) & tax office. 9 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. Demolition of the two existing buildings for the addition of a 1,412 SF fast food restaurant with a drive through service (including 500 SF on outdoor dining space). Okeechobee Source of potable water: Utility Authority Method of sewage disposal: Septic Tank 10 Approx. acreage: .6 Is property in a platted subdivision? Tayiorts1.2 & 3 creek ManorLessRoa( PiatdRMBook 3 Page 4) Lo! 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: There is not a use that is or was in violation of a city or county ordinance. 12 Is a pending sale of the property subject to this application being granted? Yes 13 Describe uses on adjoining property to the North: North: State Road 7ROW / Residential Mobile home park East: SE 8th Ave ROW/ Commercial plaza (River Run Resort) South: Single -Family Residential West: Taylor Creek 14 Existing zoning: Heavy Commercial Future Land Use classification: Commercial 15 Have there been any prior rezoning, 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: 3-22-37-35-0260-00000-0010 (Rev 9/2017) Page 1 of 1 1 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 11/16/ Printed Name \oR.5 Lindsay Libes ,) For questions -relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 Date () V) re) (Rev 9/2017) Page 2 of 11 REQUIRED ATTACHMENTS. 18 Applicant's statement of interest in property: 19 Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. ' Signature 11/16/ Printed Name \oR.5 Lindsay Libes ,) For questions -relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 Date () V) re) (Rev 9/2017) Page 2 of 11 Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of January 2018 and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this January , 2018 30th day of Signature of Applicant WG I Lindsay Libes (agent) Name of Applicant (printed or typed) State of Florida County of Okeechobee Date Sworn to and subscribed before me this iJ day of JU'V\-0- ti(A1/: 2.D1� ,ersnnall `fi n to.rxae� or produced as identification and did not take an oath. ?oivdtA.makat Notary Public, State of Florida (Rev 9/2017) Seal: PAULA MILLER Notary Public - State of Florida Commission et GG 047597 c My Comm. Expires Nov 29. 2020 Bonded (Me* National Notafy Assn. Page 3 of 11 (Rev 9/2017) Page 4 al 1 Okeechobee County Property Appraiser's Office Information Request Form for the City of Okeechobee ;` yT h Property Owner Name(s) Windham Carl Lee Jr. Parcel Identification Number 3-22-37-35-0260-00000-0010 Contact Person Name WGI- Lindsay Libes (agent) Contact Person Phone Number /email 561-537-4542 / Lindsay.Libes@wginc.com Requested Items Needed By 12/29/2017 ',. Project Type (Circle On Qr Check Box)'; City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): Windham Carl Lee Jr. Mailing Address: P.O. Box 2743, Tallahassee, FL 32316 Home Telephone: Work: Cell: Property Address: 100 SE 8th Ave, Okeechobee, FL 34974 Parcel ID Number: 3-22-37-35-0260-00000-0010 Name of Applicant: NYLV Investors LLC Home Telephone: Work: Cell:561-537-4542 (agent) The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be placed upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS 24th DAY OF January 2018. OWNERV/ "0";pr Carl Lee Windham, Jr Sheryl Zavion OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this Li day of °'-" r' 20 i S. Notary Public: i \ 01 1U\ k\ S rd•:9p ��. SEAL � ��.• ��SSION'42) : �• V Commission Expires: �-3 —19. 2 A9•. zt oAember (Rev 9/2017) #FF927306„:z7.57' �9•• •To,eonded � e /'f//01/11111111%\” os.,e Page 5 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A REZONING Current zoning classification: Requested zoning classification B scribe the desired permitted use and intended nature of activities and development of the property? C Is a Sp ial Exception necessary for your intended use? ( ) No ( ) Yes If yes, briefly describpf' D Is a Variance n essary for your intended use? ( ) No ( ) Yes If yes, briefly descn: E Attach a Traffic Impac Study prepared by a professional transportation planner or trans ortation engineer, if the rezoning or proposed use will gener to 100 or more peak hour vehicle trip ends using the trip ge ation factors for the most similar use as contained in the Institute f Transportation Engineers most recent edition of Trip G eration. The TIA must identify the number of net new externa rips, pass -bay calculations, internal capture calculatipns, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. / F Responses addressing the regi i ed findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets necessary. FINDINGS REQUIRED FOR GRANTING A REZONING ‘'° , OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specific Ily, the Applicant should provide in his/her application and presentation sufficient explanation and docu en tion to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Co pre ensive Plan requirements. 2. The proposed use being applied for s specifically authori . - d under the zoning district in the Land Development Regulations. 3. The proposed use will no ave an adverse effect on the public interest. 4. The proposed us - s appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or a-trimental to urbanizing land use patterns. 5. The pr• osed use will not adversely affect property values or living conditions, or°be a deterrent to the improvement or dev- opment of adjacent property. (Rev 9/2017) Page 6 of 11 Findings required for rezoning or change in land development regulations (cont.) he proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or h. and to the neighborhood 7. The prop utility servi ed use will not create a density pattern that would overburden public facilities such as schools, streets, and s r 8. The proposed use wi not create traffic congestion, flooding or drainage problems.,- or otherwise affect public safety. 9. The proposed use has not ben inordinately burdened by unnecessary res ctions. The City staff will, in the Staff Regort, address the request and ev Iuate it and the Applicant's submission in light of the above criteria and offer"'a recommendation for approval or denial. (Rev 9/2017) Page 7of11 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: To permit a 1,412 square foot the use of a fast food restaurant with a drive through service (including 500 SF of outdoor dining space) '%je f' , 6Li"! , tiO-a3 3 ( I) Drive. -I-h rottq h SErV 1 C, B Are there similar uses in the area? No LX ) Yes If yes, briefly describe them: Approximately 530 feet West of subject site is a fast food restaurant with a drive-through service (Burger King). C If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: The proposed fast food restaurant with a drive-through will provide convenient food services during the hours of operation of 10 am to 4am (Monday -Sunday). The number of employees range from 3-7 employees during a single shift. The designated 500 SF outdoor seating area will accommodate any activities conducted outside the building. D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] Applicants are required by Sec. 70-373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. A justification statement has been provided to demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. A justification statement demonstrates how the site and proposed building have been designed to be compatible with the adjacent uses. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. A justification statement has been provided to demonstrate the landscaping techniques that will be used to screen the use of adjacent uses. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. A justification statement has been provide to demonstrate the procedures to mitigate any adverse impacts. . 5. Demonstrate how the utilities and other service requirements of the use can be met. A justification statement has been provided to demonstrate the utilities and other services will be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. A justification statement and traffic impact study has been provided to demonstrate the traffic generation on and off the site. (Rev 9/2017) Page 8 of 11 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. Please see the provided justification statement. 2. The use is specifically authorized as a special exception use in the zoning district. Please see the provided justification statement. 3. The use will not have an adverse effect on the public interest. Please see the provided justification statement. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Please see the provided justification statement. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Please see the provided justification statement. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Please see the provided justification statement. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Please see the provided justification statement. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Please see the provided justification statement. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70-348(4)] (Rev 9/2017) Page 9 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A VARIANCE Describe the Variance sought: B Describe the physical characteristics of the property that make the variance necessary: C Did you or a previous owner of the property cause or contribute to the characteristic necessitating the variance: ( ) No ( ) Yes If yes, explain: / D What specifically is the minimum variance necessary and explain why a lesser variance is not adequate. E Attach a site plan showing the buildings, structures and other improvementsfor characteristics of the site and the location of the specific variance(s) sought. f F Responses addressing the standards and required findings for the granting ofof a variance as described below Attach additional sheets as necessary. STANDARDS FOR GRANTING A VARIANCE [(Sec. 70-374(b), LDR page CD70:20] Applicants are required by Sec. 70-374(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 allo,* Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site [and not merely for economic reasons or tile convenience of the applicant]. 2. Specify the minimum varianc required including height, lot area, size of structure, size of yard, setback, buffer or open space. [Applicant show d explain why the requested variance is the minimum necessary to overcome the hardship.] / (Rev 9/2017) Page 10 of 11 1 FINDINGS REQUIRED FOR GRANTING A VARIANCE [Sec. 70-374(c) , pages CD70:20 & 21 in the LDRs] It is the\Ypplicant's responsibility to convince the Board of Adjustment that approval of the proposed variance is justifies . Specifically, the Applicant should provide in his/her application and presentation sufficient explanatio and documentation to convince the Board of Adjustment to find that: 1. Special con itions and circumstances exist which are peculiar to the land or structure involved, and are not applicable to other land o r structures in the same zoning district. 2. The special conditions an: circumstances do not result from actions of the applicant. 3. Literal interpretation and enforcement of\the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts under the terms of the Land Development Code, and would work unnecessary and undue hardship on the applicant 4. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land or structure. 5. Granting the variance request will not confer, on the applicant anspecial privilege(s) that is (are) denied by the Land Development Code to other land or structures in the same zoning c% strict. 6. Granting the variance will be compatible with the intent and purpose of the Land Development Code, and the variance will not be injurious to the neighrborhood or detrimental to the public welfare. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A VARIANCE EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70-348(4)] (Rev 9/2017) Page 11 of 11 WGL, JUSTIFICATION STATEMENT Special Exception Checkers- City of Okeechobee Initial Submittal: January 30, 2018 REQUEST On behalf of the Applicant, WGI is requesting approval of the following: 1) Special Exception to permit a 1,412 square foot fast food restaurant with a drive-through service (including 500 SF of outdoor dining space). SITE CHARACTERISTICS The subject site consist of approximately 0.6 acres and located at the Southwest corner of SE 8th Ave and State Road 70, within the City of Okeechobee. The site is currently developed with two previously approved commercial buildings that no longer provide services at these locations. The site retains a Future Land Use (FLU) designation of Commercial and a Zoning District of Heavy Commercial (CHV). The property is identified by the following Parcel Identification Number: 3-22-37-35-0260-00000-0010. 2035 Vista Parkway, West Palm Beach, FL 33411 t: 561.687.2220 f: 561.687.1110 \NW\ wantmangroup DEVELOPMENT HISTORY There are two existing building on the property: the first building was built in the year 1979 (681 base SF) and the second building was built in the year 1982 (850 base SF). The subject site was purchased by Carl Lee Windham Jr. on December 1, 1980. The Warranty Deed can be found in ORB 238 Page 1825. SURROUNDING PROPERTIES The site is surrounded by varying uses with similar Zoning Districts and FLU designations, and thus, are found to be compatible with the proposed commercial use on the subject site. The following summarizes the nature of the surrounding properties adjacent to the subject site: NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. EAST: WEST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Furniture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. DEVELOPMENT PROPOSAL The current development proposal for the site is as follow: Checkers Restaurant A 912 SF Checkers fast food restaurant with a single drive-through service lane and 500 SF of outdoor dining area with 6 tables (totaling 1,412 SF) proposed at the Southwest corner of State Road 70 and SE 8th Ave. The single drive-through service lane is 10 feet wide and directs vehicles towards the point of service located at the northeast side of the building. The drive through lane situates along the southern and eastern portions of the building where the proposed 11 foot wide bypass lane runs parallel and allows vehicles to exit towards the eastern exit. The 8' x 14' bun freezer and menu board/speaker are located towards the south of the proposed restaurant. Outdoor Dining Area The Outdoor dining area is located towards the northwest portion of the site and provides 6 tables seating 4 individuals each, accommodating a total of 24 individuals. Access There is one (1) 32 foot wide point of access from SE 8th Ave. This access is located towards the southeastern portion of the site is derived from an existing curb cut that will be provide ingress and egress options. Parking Pursuant to Section 90-512 of the City of Okeechobee's Land Development Code, fast food restaurants require 1 space per every 75 square feet of gross floor per. The Checkers Restaurant location does not provide indoor facilities; therefore, the parking requirements are based off the 500 SF outdoor dining area. Justification Statement Checkers — City of Okeechobee January 30, 2018 Page12 That calculation equals 6 required standard spaces, one of which is required to be ADA accessible (500/ 75=6). The proposed design provides a 12 standard parking spaces, of which 1 is ADA accessible. This provides sufficient parking for both the public and employees that visit the site, thus accommodating a total of 12 parking spaces and meeting regulation. Loading Space Pursuant to Section 90-511 of the City of Okeechobee's Land Development Code, the required loading space shall be a minimum 14 feet wide and 30 feet long. The proposed site provides one 55 feet long and 14 feet wide loading zone, thus satisfying the loading space size requirement. Dumpster Location The proposed dumpster is located southwest of the site and will be only used by the proposed restaurant. Landscape Buffers The proposed development provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line. Signage There is one (1) pylon sign that is located towards the northeast portion of the site. Additionally, there are two (2) illuminated signs located towards the southeast portion of the site, which provide entry and exit guidance. SPECIAL EXCEPTION STANDARDS This proposal meets the following requirements set forth in Sections 70-373(b) and 70-373(c) of the City of Okeechobee Land Development Regulations for Special Exception Approval: SECTION 70-373(B) 1. Demonstrate that the proposed location and site are appropriate for the use. The site is located at the southwest corner of State Road 70 and SE 8th Ave and retains a FLU designation of Commercial and Zoning District of Heavy Commercial. The proposed restaurant use is permitted consistent with the Section 90-283 of the City of Okeechobee's Land Development Regulations. Pursuit to Section 90-283, a drive-through service is permitted in the CHV district after the issuance of a special exception use petition. The subject site is appropriate for the proposed Checkers fast food restaurant with a drive-through service as similar operations are adjacent to the subject site. The following is a summary of the uses surrounding the site: NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. EAST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Furniture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. WEST: Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. Justification Statement Checkers — City of Okeechobee January 30, 2018 PageI3 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and neighborhood, or explain why no specific design efforts are needed. The proposed development of a fast food restaurant with a drive-through service lane, known as Checkers Restaurant, is compatible and consistent with the existing FLU designation of Commercial and Zoning District Heavy Commercial. The land uses immediately surrounding the site are consistent with the proposed use as they are commercial in nature, with similar or greater intensities. The proposed 1,412 SF Checkers Restaurant with a drive-through service (including 500 SF of outdoor dining) provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. It is the intent of the applicant to propose a design that is compatible with the existing commercial developments within the area, while maintaining the prototype appearance of the Checkers brand. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screen is necessary. The proposed 1,412 SF Checkers Restaurant with a drive-through service (including 500 SF of outdoor dining) provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. There is one (1) 32 foot wide point of access from SE 8th Ave. This access is located towards the southeastern portion of the site is derived from an existing curb cut that will be provide ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the exit. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. Additionally, the proposed development provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. 5. Demonstrate how the utilities and other service requirements of the use can be met. There is an existing 12" water main in NE Park Street and a 6" water main in SE 8th Avenue. The existing site is serviced from a water line with a 3/4" water meter from the 6" water main in SE 8th Avenue. The proposed development will continue to utilize the existing service to serve the proposed building. There is an existing 8" force main in NE Park Street and a 6" force main in SE 8th Avenue which comes from an existing lift station approximately 500 feet to the south of the site. Per discussion with Okeechobee Utility Authority, the proposed development would include the construction of gravity sewer from the site through the SE 8th Avenue right of way to tie into an existing manhole approximately 350 feet to the south which feeds into the nearby existing lift station. Justification Statement Checkers — City of Okeechobee January 30, 2018 Page I4 There is an existing overhead power pole on the east side of the property that serves the existing buildings. This power pole will be relocated and could serve the proposed building. The survey located a buried AT&T line in the SE 8th Avenue right of way on the west side of the road which could serve the proposed building if needed. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. There is one (1) 32 foot wide point of access from SE 8th Ave. This access is located towards the southeastern portion of the site is derived from an existing curb cut that will be provide ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the exit. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. SECTION 70-373(C) 1. The use is not contrary to the Comprehensive Plan requirements. The proposed 1,412 SF Checkers Restaurant with a drive-through service (including 500 SF of outdoor dining) is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including the standards for building and structural intensity and density, and intensity of use. The current FLU designation for the subject property is Commercial with a CHV Zoning designation. These are consistent and compatible future land use and zoning designations. 2. The use is specifically authorized as a special exception use in the zoning district. Pursuit to Section 90-283, a drive-through service is permitted in the CHV district after the issuance of a special exception use petition. The proposed development request is located within the CHV district and proposes a Checkers Restaurant with a drive-through service. Thus, the special exception use request is required for the proposed site. 3. The use will not have an adverse effect on the public interest. The proposed Checkers Restaurant with a drive-through service will not have any adverse effects on the public interest. The Checkers franchise operates as a national chain and will provide precise food services to all participating customers of the City of Okeechobee. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The subject site is suited for the proposed Checkers restaurant with a drive-through service as the Checkers restaurant will replace the existing two both buildings that no longer provide service. The site is located at the southwest corner of State Road 70 and SE 8th Ave and retains a FLU designation of Commercial and Zoning District of Heavy Commercial. The proposed restaurant use is permitted consistent with the Section 90-283 of the City of Okeechobee's Land Development Regulations. The Checkers restaurant will not be detrimental to urbanizing land use patterns as similar operations are adjacent to the subject site. The following is a summary of the uses surrounding the site: NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. Justification Statement Checkers - City of Okeechobee January 30, 2018 Page15 EAST: WEST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Furniture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The proposed Checkers Restaurant will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Land uses immediately surrounding the site are consistent with the proposed use as they are commercial in natural, with similar or greater intensities. The proposed Checkers is compatible and consistent with the existing FLU designation of Commercial and Zoning District Heavy Commercial. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. The proposed commercial development of the Checkers Restaurant provides the required 2 feet buffer which will minimize adverse effects, including visual impact and intensity of the proposed use on the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. It is the intent of the applicant to propose a design that is compatible with the existing commercial developments within the area, while maintaining the prototype appearance of the Checkers brand. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The proposed Checkers Restaurant will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The proposed Checkers operates a quick food service that will not sustain density for long periods of time. The site retains a FLU designation of commercial and a Zoning district of Heavy Commercial. Therefore, proposed use of a restaurant is permitted and is compatible with the surrounding commercial developments. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed Checkers operates a quick food service that will not sustain density for long periods of time. There is one (1) 32 foot wide point of access from SE 8th Ave. This access is located towards the southeastern portion of the site is derived from an existing curb cut that will be provide ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the exit. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. Therefore, will not create traffic congestion, flooding or draining problems, or affect public safety. Based on the above justification and attached information, the petitioner respectfully requests Special Exception approval. Justification Statement Checkers - City of Okeechobee January 30, 2018 Pagej6 JFO GROUP INC Traffic Engineering • Transportation Planning www.jfogroupinc.com Revised April 23, 2018 January 29, 2018 Alan Perlmutter NYLV Investors, LLC 7975 West Sahara, Suite 101 Las Vegas, NV 89117 RE: Okeechobee Checkers - Transportation Concurrency 100 SE 8'h Avenue, Okeechobee, Florida Parcel: 3-22-37-35-0260-00000-0010 Dear Alan, JFO Group Inc. has been retained to perform a traffic analysis to determine compliance with the Okeechobee County - Transportation Concurrency Requirements - Article V, Section 5.05.00 of the Okeechobee County Code of Ordinances. This traffic statement is associated with the Site Plan application for the 100 SE 8th Avenue property. The ±0.61 -acre site is located at the southwest corner of SR -70 and SE 8th Avenue in Okeechobee County, Florida. Parcel Number associated with this project is 3- 22-37-35-0260-00000-0010. Figure 1 shows an aerial view of the project location in relation to the transportation network. Exhibit 1 includes the property record summary from the Okeechobee County Property Appraiser's office, while Exhibit 2 includes a copy of a preliminary site plan for the project. There are two (2) existing buildings on site that will be replaced with a 912 Square Feet Fast Food Restaurant with a Drive - Through Window. One (1) of the existing buildings is a 970 Square Feet Small Office Building and the other is a 1,296 Square Feet Retail Building. Figure 1 : Project Location Project trip generation rates were based on the Institute of Transportation Engineers Trip Generation Handbook, 10th Edition. Table 1 includes trip generation rates for Daily, AM and PM peak hour for existing and proposed conditions while Table 2 includes the trip generation for the proposed project for Daily, AM and PM peak hour conditions. According to Table 2, the net Daily, AM and PM peak hour trips potentially generated due to the planned development are 120, 9 and 11 trips respectively. Table 1: Trip Generation Rates Land Use .s; ;<. ITE Code Daily AM Peak Hour 1PM'Peak Hour In Out Total In Out Total Small Office Building 712 16.19 83% 18% 1.92 32% 68% 2.45 Retail 820 37.75 62% 38% 0.94 48% 52% 3.81 Fast Food Restaurant with D -T Window and No Indoor Seating 935 459.20 48% 52% 33.76 51% 49% 42.65 2018-04-23_Okeechobee Checkers_ Traffic Statement_1005.03 Page 1 of 3 11924 Forest Hill Boulevard, Suite 10A-123 • Wellington, Florida 33414 T: (561) 512-7556 • F: (561) 423-2345 • info@jfogroupinc.com Table 2: Trip Generation - Existing Vs Proposed Land Use Intensity Daily Traffic AM Peak Hour PM Peak Hour In Out Total In Out Total Small Office Building 970 SF 16 2 0 2 1 1 2 Retail 1,296 SF 49 1 0 1 2 3 5 .5 65 3 0 3 3 4 7 Pass -By Retail 34.00% 17 - - - 1 1 2 Net Existing Traffic 48 3 0 3 2 3 5 Land Use Intensity Daily Traffic AM Peak Hour PM Peak Hour In Out Total In Out Total Fast Food Restaurant with D -T Window and No Indoor Seating 912 SF 419 15 16 31 20 19 39 Pass -By Fast Food Restaurant with D -T Window and No Indoor Seating 49.00% 251 9 10 19 12 11 23 Net Proposed Traffic 168 6 6 12 8 8 16 Net Traffic 120 3 6 9 6 5 1 1 The project is proposing a driveway on SE 8th Avenue. In order to determine the driveway operations and the impact to local traffic, AM and PM turning movement counts, as well as, northbound queues were collected at the intersection of NE Park Street and SE 8th Avenue. A summary of the data is included in Exhibit 4 while Exhibit 5 includes HCS analyses for both AM and PM peak hour operations. Results of this analysis are summarized in Table 3. Furthermore, based on the field data collection, an average of three (3) vehicles are queued on the northbound left turn lane. Therefore, there will be enough room for cars leaving the site to cross SE 8th Avenue to travel northbound and make a left or a right at the NE Park Street and SE 8th Avenue intersection. Table 3: Driveway Analysis The proposed Okeechobee Checkers development to be located at 100 SE 8th Avenue, Okeechobee, Florida has been evaluated following the Okeechobee County - Transportation Concurrency Requirements - Article V, Section 5.05.00 of the Okeechobee County Code of Ordinances. This analysis shows that the proposed development will generate less than 100 two-way peak hour trips where all links would be impacted with less than 30 peak -hour two-way trips. Therefore, the proposed development will be in compliance with Okeechobee County - Transportation Concurrency Requirements - Article V, Section 5.05.00 of the Okeechobee County Code of Ordinances and does not require a traffic study. 2018-04-23_Okeechobee Checkers_Traffic Stafemen1_1005.03 Page 2 of 3 11924 Forest Hill Boulevard, Suite 10A-123 • Wellington, Florida 33414 T: (561) 512-7556 • F: (561) 423-2345 • info@jfogroupinc.com AM PM EBL EBR 1,1111, EBL EBR NBL Peak Hour Volume 14 2 2 17 2 2 95% Queue Length, Q95 (veh) 0 1 0.0 0 1 0.0 Control Delay (s/veh) 9.4 7.4 11.0 7.8 Level of Service, LOS A A B A The proposed Okeechobee Checkers development to be located at 100 SE 8th Avenue, Okeechobee, Florida has been evaluated following the Okeechobee County - Transportation Concurrency Requirements - Article V, Section 5.05.00 of the Okeechobee County Code of Ordinances. This analysis shows that the proposed development will generate less than 100 two-way peak hour trips where all links would be impacted with less than 30 peak -hour two-way trips. Therefore, the proposed development will be in compliance with Okeechobee County - Transportation Concurrency Requirements - Article V, Section 5.05.00 of the Okeechobee County Code of Ordinances and does not require a traffic study. 2018-04-23_Okeechobee Checkers_Traffic Stafemen1_1005.03 Page 2 of 3 11924 Forest Hill Boulevard, Suite 10A-123 • Wellington, Florida 33414 T: (561) 512-7556 • F: (561) 423-2345 • info@jfogroupinc.com Sincerely, JFO GROUP, INC COA Numkipr 32276 \ Illi i oil .\` F.OR7. ,1 •• ‘,1GENSF • No. 63422 •—_ * Digitally signed by Juan F Ortega Date: 2018.04.23 22:06:05 -04'00'.= Q • STATE OF •�(/c% i,�tSs�O �� NA�,,11�‘‘. Enclosures: Exhibit 1: Property Appraiser Exhibit 2: Preliminary Site Plan Exhibit 3: Trip Generation Rates Exhibit 4: Data Collection Exhibit 5: HCS Driveway Analysis 2018-04-23_Okeechobee Checkers_Traffic Statement_1 005.03 Page 3 of 3 11924 Forest Hill Boulevard, Suite 10A-123 • Wellington, Florida 33414 T: (561) 512-7556 • F: (561) 423-2345 • info@jfogroupinc.com This item has been electronically signed and sealed by Dr. Juan F. Ortega PE on April 23, 2018 using a Digital Signature. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic TAYLOR CREEK MANOR (PLAT BOOK 3 PAGE 4) LOTS 1, 2 & 3 LESS ROAD R/W WINDHAM CARL LEE JR P 0 BOX 2743 TALLAHASSEE, FL 32316-0000 3-22-37-35-0260-00000-0010 Okeechobee County 2017 R CARD 001 of 002 PRINTED 10/05/2017 11:57 BY STAR APPR 11/19/2015 RA BUSE 004101 STORE LC AE? N 681 HTD AREA 133.182 INDEX 518635.00 E PARK2 RR PUSS 001100 STORES/1 STORY MOD 4 COMMERCIAL BATH 1.00 898 EFF AREA 52.127 E -RATE 100.000 INDX STR 22- 37- 35 EXW 13 CBS FIXT 2 46,810 RCN 1979 AYB MKT AREA 570 53,244 BLDG % BDRM 50.00 %GOOD 23,405 B BLDG VAL 1979 EYB EXAG 9,191 XFOB RSTR 02 GABLE/HIP RMS AC .608 120,409 LAND RCVR 04 SHNG ASP LINTS 1 #FIELD CK: 11/19/2015 RA # NTCD 0 CLAS % C -W% #LOC: 100 SE 8TH AVE OKEECHOBEE # APPR CD 0 MKTUSE INTW 08 DRYWALL HGHT 10 # # CNDO 182,844 JUST % PMTR 144 # + 17 + 31 + # SUBD 182,844 APPR FLOR 15 CERAM TIL STYS 1.0 # IUST2003 IBAS1993 I # BLK % ECON 20.00 # I I I # LOT 0 SOHD HTTP 04 AIR DUCTED FUNC # I 1 I # MAP# 182,844 ASSD A/C 03 CENTRAL SPCD PD 50.00 # I 5 I # 0 EXPT• QUAL 02 BELOW AVG. DEPR 14 # 2 I 2 # TXDT 050 182,844 COTXBL FNDN HURR . # 4 I 4 # 182,844 CITXBL 182,844 OTTXBL SIZE ALL UD -2 # I +--7--+ I # BLDG TRAVERSE CEIL ELEC 03 AVERG # I 9 I # BAS1993=W31 UST2003=W17 S24 BCA1993= S03 ARCH FRNT 01 . # I I I # E48 NO3 W48 $ E24N09W7 N15$515 E7 S9 824 FRME 03 MASONRY UD -5 . # + 48 + # N24$. KTCH DOOR . # IBCA1993 I # WNDO . UD -7 . # + 48 + # CLAS UD -8 . 4 # OCC UD -9 . # # COND % # # PERMITS SUB A -AREA % E -AREA SUB VALUE # # NUMBER DESC AMT ISSUED BAS93 681 100 681 17749 4 4 UST03 471 40 188 4900 4 # BCA93 144 20 29 756 # # SALE # # BOOK PAGE DATE PRICE 4 4 365 691 2/01/1995 U I # # GRANTOR # # GRANTEE WINDHAM CARL LEE JR 4 4 238 1825 12/01/1980 Q I 54000 # # GRANTOR TOTAL 1296 898 23405 GRANTEE WINDHAM CARL LEE JR EXTRA FEATURES FIELD CK: 11/19/2015 RA AE BN CODE DESC LEN WID HGHT QTY QL YR ADJ UNITS UT PRICE ADJ UT PR SPCD % %GOOD XFOB VALUE N ASPH 2 COM SLB WLK 1 2008 1.00 5036.000 SF 2.000 2.000 PD 70.00 70.00 7,050 N CONC B COM SLB WLK 1 1973 1.00 505.000 SF 2.280 2.280 PD 50.00 50.00 576 N FENC P 6'1/2"PINE 1 1999 1.00 32.000 LF 5.700 5.700 PD 50.00 50.00 91 N CONC I BUMPERS 1 2006 1.00 4.000 UT 13.800 13.800 PD 80.00 80.00 44 N CONC B COM SLB WLK 28 22 1 2015 1.00 627.000 SF 2.280 2.280 PD 100.00 100.00 1,430 LAND DESC ZONE ROAD DEN UD3 FRONT DEPTH FIELD CK: AE CODE TOPO UTIL YRPL UD4 BACK DT ADJUSTMENTS N 067EPA E CRK-CTY 1.00 1.00 1.00 1.00 PRCL - FRAME (MASONRY-03)ADDED FOR '05 ON BOTH BLDGS PRCL - SD 6-9-05 UNITS UT PRICE ADJ UT PR LAND VALUE 26522.000 SF 4.540 4.54 120,409 Exhibit 1 Page 1 of 2 TAYLOR CREEK MANOR (PLAT BOOK 3 PAGE 4) LOTS 1, 2 & 3 LESS ROAD R/W WINDHAM CARL LEE JR P 0 BOX 2743 TALLAHASSEE, FL 32316-0000 3-22-37-35-0260-00000-0010 Okeechobee County 2017 R CARD 002 of 002 PRINTED 10/05/2017 11:57 BY STAR APPR 11/19/2015 RA BUSE 003800 NBHD CENTR MOD 4 COMMERCIAL EXW 13 CBS RSTR 02 GABLE/HIP RCVR 04 SHNG ASP INTW 08 DRYWALL $ FLOR 05 ASP TL CC $ HTTP 04 AIR DUCTED A/C 03 CENTRAL QUAL 02 BELOW AVG. FNDN SIZE ALL CEIL ARCH FRME 03 MASONRY KTCH WNDO CLAS OCC COND SUB A -AREA BCA93 120 BAS93 490 BAS10 360 BATH FIXT BDRM RMS UNTS C -W% HGHT PMTR STYS ECON FDNC SPCD DEPR HURR UD -2 ELEC FRNT UD -5 DOOR UD -7 UD -8 UD -9 $ E -AREA 20 24 100 490 100 360 TOTAL 970 874 EXTRA FEATURES AE BN CODE DESC AE? N 2.00 4 850 874 42,628 70.00 HTD AREA EFF AREA RCN %GOOD 118.384 INDEX 48.773 E -RATE 29,839 B BLDG VAL 1 #FIELD CK: 4/09/2014 RA #LOC: 100 SE 8TH AVE OKEECHOBEE 10 # 116 # 1.0 9 PD 70.00 # 14 9 03 AVERG # 01 . # SUB VALUE # 819 9 16729 9 12291 # 29839 518635.00 E PARK2 RR PUSE 100.000 INDX STR 22- 37- 35 1982 AYB MKT AREA 570 1982 EYB EXAG AC .608 FIELD CK: LEN WID HGHT QTY QL YR ADJ UNITS UT NTCD APPR CD CNDO SUBD BLK LOT MAP# 001100 STORES/1 STORY 53,244 BLDG 9,191 XFOB 120,409 LAND O CLAS O MKTUSE 182,844 JUST 182,844 APPR O SOHD 182,844 ASSD O EXPT* TXDT 050 182,844 COTXBL 182,844 CITXBL 182,844 OTTXBL BLDG TRAVERSE BCA1993=120$ BAS1993=490$ BAS2010=360$ PERMITS NUMBER DESC AMT SALE ISSUED BOOK PAGE DATE 80 875 4/13/1964 Q GRANTOR WARD EDNA GRANTEE WARD J H GRANTOR GRANTEE V PRICE PRICE ADJ UT PR SPCD % %GOOD XFOB VALUE LAND DESC AE CODE B002 - NEW A/C 2013 ZONE ROAD DEN UD3 FRONT DEPTH FIELD CK: TOPO UTIL YRPL UD4 BACK DT ADJUSTMENTS UNITS UT PRICE ADJ UT PR LAND VALUE Exhibit 1 Page 2 of 2 • 12,—ATION MAP no, 00”0,000 STATE ROD ?il .7" NAN ft0,641.Y. WE DATA =AA GEND Exhibit 2 Land Use: 712 Small Office Building Description A small office building houses a single tenant and is less than or equal to 5,000 gross square feet in size. It is a location where affairs of a business, commercial or industrial organization, or professional person or firm are conducted. General office building (Land Use 710) is a related use. Additional Data Time -of -day distribution data for this land use are presented in Appendix A. For the 18 general urban/ suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 11:30 a.m. and 12:30 p.m. and 5:00 and 6:00 p.m., respectively. The sites were surveyed in the 1980s and the 2010s in Alberta (CAN), Texas, and Wisconsin. Source Numbers 890, 891, 959, 976 Trip Generation Manual 10th Edition - Volume 2: Data • Office (Land Uses 700-799) 93 Exhibit 3 Page 1 of 13 Small Office Building (712) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday Setting/Location: Number of Studies: 1000 Sq. Ft. GFA: Directional Distribution: General Urban/Suburban 17 2 50% entering, 50`/o exiting Vehicle Tri P Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 16.19 4.44 - 50.91 11.03 Data Plot and Equation 200 150 100 50 X XX X x x X X 00 Study Site Fitted Curve Equation: Not Given 2 X = 1000 Sq. Ft. GFA 3 - - - - Average Rate R2= .... 4 94 Trip Generation Manual 10th Edition • Volume 2 Data • Office (Land Uses 700-799) MEI Exhibit 3 Page 2 of 13 Small Office Building (712) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 17 1000 Sq. Ft, GFA. 2 Directional Distribution: 83% entering, 18% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 1.92 0.73 - 4.12 0.97 Data Plot and Equation 1 2 3 4 X = 1000 Sq. Ft. GFA Study Site Fitted Curve Equation: Not Given - - - - Average Rate ite Trip Generation Manual 10th Edition • Volume 2: Data • Office (Land Uses 700-799) 95 Exhibit 3 Page 3 of 13 Small Office Building (712) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 17 1000 Sq. Ft. GFA: 3 Directional Distribution: 32% entering, 68% exiting Vehicle Tri P Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 2.45 0.56 - 5.50 1.38 Data Plot and Equation Study Site Fitted Curve Equation: Not Given 2 X = 1000 Sq. Ft. GFA 3 4 - - - - Average Rate R2= ..., 5 96 Trip Generation Manual 10th Edition • Volume 2: Data • Office (Land Uses 700-799) IOW Exhibit 3 Page 4 of 13 Land Use: 820 Shopping Center Description A shopping center is an integrated group of commercial establishments that is planned, developed, owned, and managed as a unit. A shopping center's composition is related to its market area in terms of size, location, and type of store. A shopping center also provides on-site parking facilities sufficient to serve its own parking demands. Factory outlet center (Land Use 823) is a related use. Additional Data Shopping centers, including neighborhood centers, community centers, regional centers, and super regional centers, were surveyed for this land use. Some of these centers contained non -merchandising facilities, such as office buildings, movie theaters, restaurants, post offices, banks, health clubs, and recreational facilities (for example, ice skating rinks or indoor miniature golf courses). Many shopping centers, in addition to the integrated unit of shops in one building or enclosed around a mall, include outparcels (peripheral buildings or pads located on the perimeter of the center adjacent to the streets and major access points). These buildings are typically drive-in banks, retail stores, restaurants, or small offices. Although the data herein do not indicate which of the centers studied included peripheral buildings, it can be assumed that some of the data show their effect. The vehicle trips generated at a shopping center are based upon the total GLA of the center. In cases of smaller centers without an enclosed mall or peripheral buildings, the GLA could be the same as the gross floor area of the building. Time -of -day distribution data for this land use are presented in Appendix A. For the 10 general urban/ suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 11:45 a.m. and 12:45 p.m. and 12:15 and 1:15 p.m., respectively. The average numbers of person trips per vehicle trip at the 27 general urban/suburban sites at which both person trip and vehicle trip data were collected were as follows: • 1.31 during Weekday, AM Peak Hour of Generator • 1.43 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 4 and 6 p.m. • 1.46 during Weekday, PM Peak Hour of Generator The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in Alberta (CAN), British Columbia (CAN), California, Colorado, Connecticut. Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, and Wisconsin. Source Numbers 105, 110, 154, 156, 159, 186, 190. 198, 199, 202, 204, 211, 213. 239, 251, 259, 260, 269, 294, 295. 299, 300, 301, 304, 305, 307, 308, 309, 310, 311, 314, 315, 316, 317, 319, 358, 365, 376, 385, 390, 400, 404, 414, 420, 423. 428, 437, 440, 442, 444, 446, 507, 562, 580, 598, 629, 658, 702, 715, 728, 868, 870, 871, 880, 899, 908, 912, 915, 926, 936, 944, 946, 960, 961, 962, 973, 974, 978 Trip Generation Manual 10th Edition • Volume 2: Data - Retail (Land Uses 800-899) 137 Exhibit 3 Page 5 of 13 Shopping Center (820) Vehicle Trip Ends vs: 1000 Sq. Ft. GLA On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 147 1000 Sq. Ft. GLA: 453 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GLA Range of Rates 37.75 7.42 - 207.98 Average Rate Data Plot and Equation Standard Deviation 16.41 X = 1000 Sq. Ft. GLA X Study Site Fitted Curve Equation: Ln(T) = 0.68 Ln(X) + 5.57 Fitted Curve - - - - Average Rate R2= 0.76 138 Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) ■{w— Exhibit 3 Page 6 of 13 Shopping Center (820) Vehicle Trip Ends vs: 1000 Sq. Ft. GLA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 84 1000 Sq. Ft. GLA: 351 Directional Distribution: 62% entering, 38% exiting Vehicle Trip Generation per 1000 Sq. Ft. GLA Average Rate Range of Rates 0.94 0.18 - 23.74 Data Plot and Equation Standard Deviation 0.87 1.500 500 00 X X X X XX X x X - X < ',X X X X X X ,, X X x X X >< �� x X >66(XX xxx X -X X x X X Study Site 500 X = 1000 Sq. Ft. GLA Fitted Curve Equation: T = 0.50(X) + 151.78 Fitted Curve X X 1,000 1,500 - - - - Average Rate R2= 0.50 Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) 139 Exhibit 3 Page 7 of 13 Shopping Center (820) Vehicle Trip Ends vs: 1000 Sq. Ft. GLA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 261 1000 Sq. Ft. GLA: 327 Directional Distribution: 48% entering, 52% exiting Vehicle Trip Generation per 1000 Sq. Ft. GLA Average Rate Range of Rates 3.81 0.74 - 18.69 Data Plot and Equation Standard Deviation 2.04 500 1,000 X = 1000 Sq. Ft. GLA X Study Site Fitted Curve Equation: Ln(T) = 0.74 Ln(X) + 2.89 Fitted Curve 1,500 2,000 - - - - Average Rate R2= 0.82 140 Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) Exhibit 3 Page 8 of 13 Table E.9 (Cont'd) Pass -By and Non -Pass -By Trips Weekday, PM Peak Period Land Use Code 820—Shopping Center SIZE (1,000 80. FT. GLA) LOCATION WEEKDAY SURVEY DATE NO. Of INTERVIEWS TIME PERIOD PASS -BY TRIP (%) NON -PASS -BY TRIP (%) ADJ. STREET PEAR HOUR k,. VOLUME — AVERAGE 24-HOUR TRAFFIC 80,950 SOURCE Raymund Keyes Assoc, PHn1ARY 42 DIVERTED 35 TOTAL 7f 921 away, NY Ju 1985u9 196 4.00-0.00 p.m. 23 106 Overland Park, KS Joy 1988 111 4:30-5:30 p m. 28 81 13 74 — 34.000 — T18 Overland Park, KS Aug. 1928 123 4:30-630 pm. 25 56 20 75 — — — 268 Greece. NY June 1988 120 4'00-6'00 p.m. 38 62 — 62 — 23.410 Sear Brown 160 Greece. NY June 1986 78 4:00-600 p m. 29 71 — 71 — 67.306 Sear Brown 660 Greece. NY June 1966 117 4'00-660 p m. 46 62 — 62 — 40.163 Sear Brown 51 Baca Raton. FL Dec. 1957 110 4011-800 p.m. 39 34 33 67 — 42.229 KIm and AUssoc.OC.3, Inc 1,090 Rose Twp. PA any 1988 411 200-8:00p.m - 3e se 10 85 — 91,600 ur Smith and Wb As 97 Upper Dubkn Tvp PA V.Mter 1988189 — 400-6:00 pm 41 — — 69 _ X000 McMahon Associates 115 7 PA radYlkar Twp.Hamilton Wnter198859 — 4:OD-6:00 p.m. 24 — — 70 — 10.000 Boaz A:len6 123 La9MId0. NJ WMer 1988/89 — 4004:0Op. M 37 — — 63 — 20,000 AasPooralcTle s 128 Boa Raton. R. Water 1988180 — 40065Opm 43 — — 57 — 40.000 McMahon A15ocl.10ales 160 Warm Grove. PA Wmer 1988/89 — 9.81 46000 p n 39 — — e1 — 2B4O0D Boos Allen 8 Hamilton 153 Brcward CMy. RL Wnler 1989(89 — 400-600 p.m. 60 — — 50 — 05000 McMahan Associates 883 Allen. OE Water 1988/89 — 100.800 p.m. 30 — — 70 — 28.000 Onh Rodgec 8 Aswc.. . 184 Ooyl8elawn, PA Wnt811989/89 — 4.00-0.00809 32 — — es — 29.000 0901teogers8 Assoc. Inc. 184 MWdletorm 11vp PA Water 1588139 — 450-800 p.m. 33 — — 87 — 25.000 Booz Alton 8 Hamilton 168 Haddon Twp. NJ VVnle11988/89 — 4:00.8:00 p.m. 20 — — I e0 — 8.000 10 Aaaa91J19111 2185 205 Steward City .. R. Wnler 198 8189 — .6 480:00 p m 65 — — 45 — 62.060 McMahon Associates Table E.9 (Cont'd) Pass -By and Non -Pass -By Trips Weekday, PM Peak Period Land Use Code 820—Shopping Center ...-.-. S12E(1,900 80. FL OU) LOCATION -I- WEEKDAY NO OF SURVEY DATE INTERVIEWS TIME PERIOD PASS -BY TRIP (%) '- N008PA69•BY /RIP (%) TOTAL A. STREET AVERAGE PEAK HOUR 24-18)919 VOLUME I TRAFFIC SOURCE PRIMARY DIVERTED 237 W. Windsor Tap. Winter 1988/88 --- 4 00-8:009.91 41 — — 62 — 2880 Booz Allen 6 Hamilton • 242 Willow GmvePA Water 1988189 100-6:OD Pm- 400-600 pan 37 33 — — — e3 67 _ McMahon 28.000 Associates 26,00 3Asscc. Int 297 9958haa. PA Winter 1988,'89 — 369 &Ow ldCM''" Water 1988/69 — 400-01)08.m. 44 — — 56 — 1 73.000 1 M1Mahates0 Associ 370 Pittsburgh, PA PoIIW0.0R Wi01er 1988/89 400.600 p.m 19 — — 61 — 33,990 Wilbur Smith 160 — i 519 4.03-800pm 450-6:00 pm 6e e6 6 28 32 — , 25,000 KittelsonAtef and Associ 160 Portland. OR — 655 7 26 35 — 30.000 16tlelson and Associates 700 Calgary, Amens Ott -Dec. 1987 16,138 400-600pm. 20 39 41 80 — — Cay of Calgary 007 178 84444Jaovrrt' I Apr. 1999 ' 134 210-000 pm. 35 — — 86 314550 — Assoc. . 144 Manatapan. W July 1990 176 3:30-6:16 pm- 32 44 24 88 nd- — I 88347 Keyes Assoc. 649 Natick. MA Feb. 1989 — 4:19-6.45 Rm. 33 26 41 87 — i 45.782 I Raymond f Keyes Assoc. Average Pass -By Trip Percentage: 34 —" means no data were provided 190 Trip Generation Handbook. 3rd Edition Exhibit 3 Page 9 of 13 Land Use: 935 Fast -Food Restaurant with Drive -Through Window and No Indoor Seating Description This category includes fast-food restaurants with drive-through service only. These facilities typically have very small building areas and may provide a limited amount of outside seating. These limited - service eating establishments usually do not provide table service. Fast casual restaurant (Land Use 930), high -turnover (sit-down) restaurant (Land Use 932), fast-food restaurant without drive-through window (Land Use 933), and fast-food restaurant with drive-through window (Land Use 934) are related uses. Additional Data Time -of -day distribution data for this land use are presented in Appendix A. For the five general urban/suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 11:45 a.m. and 12:45 p.m. and 12:00 and 1:00 p.m., respectively. The sites were surveyed in the 1990s, the 2000s, and the 2010s in California, Indiana, Kentucky, New Jersey, New York, and Texas. Source Numbers 404, 713, 720, 886 200 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) Etc Exhibit 3 Page 10 of 13 Fast -Food Restaurant with Drive -Through Window and No Indoor Seating (935) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 5 1000 Sq. Ft. GFA 1 Directional Distribution 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates 459.20 Data Plot and Equation 95.91 - 1053.57 Standard Deviation 294.09 Caution — Small Sample Size a w a t` u E- 1.200 1,000 800 600 400 200 00 X Study Fitted X X x X x 0.5 Site Curve Equation: Not Given 1.0 X= 1000 Sq. Ft. GFA - 1.5 - - - Average Rate R'='"" 2.0 NMI Trip Generation Manual 10th Edition • Volume 2: Data - Services (Land Uses 900-999) 201 Exhibit 3 Page 11 of 13 Fast -Food Restaurant with Drive -Through Window and No Indoor Seating (935) Vehicle Trip Ends vs: On a: Setting/Location: Number of Studies: 1000 Sq. Ft. GFA: Directional Distribution: 1000 Sq. Ft. GFA Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. General Urban/Suburban 4 2 48% entering, 52% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate 33.76 Data Plot and Equation Range of Rates 17.37-52.79 Standard Deviation 15.88 Caution — Small Sample Size T = Trip Ends -� > n a m m en 0 0 0 0 0 X X X X 0.5 Site Curve Equation: Not Given 1.0 X= 1000 Sq. Ft. GFA - 1.5 - - - Average Rate R'= "" 2.0 202 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) INV Exhibit 3 Page 12 of 13 Fast -Food Restaurant with Drive -Through Window and No Indoor Seating (935) Vehicle Trip Ends vs: On a: Setting/Location: Number of Studies: 1000 Sq. Ft. GFA: Directional Distribution: 1000 Sq. Ft. GFA Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. General Urban/Suburban 11 1 51% entering, 49% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate 42.65 Data Plot and Equation Range of Rates 10.23 - 196.67 Standard Deviation 34.86 V] a w W Ft u 1- 200 150 100 50 00 X Study Fitted >: X X X X X X X X 0.5 Site Curve Equation: Not Given 1.0 X= 1000 Sq. Ft. GFA - 1.5 - - - Average Rate R'= ""' 2.0 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 203 Exhibit 3 Page 13 of 13 KMF Traffic Group, LLC Stuart, FL (772) 221-7971 Manual Traffic Count - All Traffic N Park St and NE/SE 8th Ave Okeechobee, FL File Name : NE8PK Site Code : JO1808 Start Date : 4/19/2018 Page No : 1 08:00 AM 08:15 AM 08:30 AM 08:45 AM Total *** BREAK ** 04:00 PM 04:15 PM 04:30 PM 04:45 PM Total 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch % Total % 2 0 23 25 3 0 20 23 1 0 27 28 3 0 31 34 9 0 101 110 4 0 38 42 1 0 23 24 4 0 28 32 3 1 28 32 12 1 117 130 9 1 35 45 8 1 41 50 2 0 36 38 7 0 29 36 26 2 141 169 3 0 0 3 1 0 2 3 3 0 1 4 1 0 0 1 8 0 3 11 4 0 1 5 2 0 4 6 4 0 0 4 4 0 2 6 14 0 7 21 59 3 506 568 10.4 0.5 89.1 0.6 0 5.4 6 2 2 1 5 2 1 2 5 2 0 1 3 1 0 2 3 7 3 6 16 47 3 23 73 64.4 4.1 31.5 0.5 0 0.2 0.8 20 192 3 215 12 185 0 197 12 188 5 205 19 196 1 216 63 761 9 833 49 291 3 343 46 254 6 306 43 285 4 332 49 300 4 353 187 1130 17 1334 61 310 6 377 59 313 8 380 49 265 0 314 51 206 3 260 220 1094 17 1331 0 214 3 217 1 266 2 269 0 257 3 260 2 245 12 259 3 982 20 1005 531 3757 50 4338 12.2 86.6 1.2 5.6 39.8 0.5 46 1 267 12 280 1 253 8 262 1 293 10 304 0 255 12 267 3 1068 42 1113 2 296 8 306 1 283 17 301 0 265 13 278 5 269 12 286 8 1113 50 1171 18 4321 120 4459 0.4 96.9 2.7 0.2 45.8 1.3 47.2 460 492 497 510 1959 670 598 672 658 2598 733 736 633 585 2687 9438 Exhibit 4 Page 1 of 3 SE 8th Ave Northbound NE 8th Ave Southbound NE Park St Eastbound NE Park St Westbound Start Time Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total Right Thru Left App. Total lnt. Total 07:00 AM 1 0 26 27 2 0 3 5 15 178 2 195 1 222 2 225 452 07:15 AM 3 0 29 32 5 0 1 6 14 160 3 177 0 232 2 234 449 07:30 AM 4 0 51 55 2 0 2 4 12 184 1 197 1 309 2 312 568 07:45 AM 4 0 41 45 9 0 1 10 20 250 1 271 2 395 2 399 725 Total 12 0 147 159 18 0 7 25 61 772 7 840 4 1158 8 1170 2194 08:00 AM 08:15 AM 08:30 AM 08:45 AM Total *** BREAK ** 04:00 PM 04:15 PM 04:30 PM 04:45 PM Total 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch % Total % 2 0 23 25 3 0 20 23 1 0 27 28 3 0 31 34 9 0 101 110 4 0 38 42 1 0 23 24 4 0 28 32 3 1 28 32 12 1 117 130 9 1 35 45 8 1 41 50 2 0 36 38 7 0 29 36 26 2 141 169 3 0 0 3 1 0 2 3 3 0 1 4 1 0 0 1 8 0 3 11 4 0 1 5 2 0 4 6 4 0 0 4 4 0 2 6 14 0 7 21 59 3 506 568 10.4 0.5 89.1 0.6 0 5.4 6 2 2 1 5 2 1 2 5 2 0 1 3 1 0 2 3 7 3 6 16 47 3 23 73 64.4 4.1 31.5 0.5 0 0.2 0.8 20 192 3 215 12 185 0 197 12 188 5 205 19 196 1 216 63 761 9 833 49 291 3 343 46 254 6 306 43 285 4 332 49 300 4 353 187 1130 17 1334 61 310 6 377 59 313 8 380 49 265 0 314 51 206 3 260 220 1094 17 1331 0 214 3 217 1 266 2 269 0 257 3 260 2 245 12 259 3 982 20 1005 531 3757 50 4338 12.2 86.6 1.2 5.6 39.8 0.5 46 1 267 12 280 1 253 8 262 1 293 10 304 0 255 12 267 3 1068 42 1113 2 296 8 306 1 283 17 301 0 265 13 278 5 269 12 286 8 1113 50 1171 18 4321 120 4459 0.4 96.9 2.7 0.2 45.8 1.3 47.2 460 492 497 510 1959 670 598 672 658 2598 733 736 633 585 2687 9438 Exhibit 4 Page 1 of 3 KMF Traffic Group, LLC Stuart, FL (772) 221-7971 Manual Traffic Count - All Traffic N Park St and NE/SE 8th Ave Okeechobee, FL File Name : NE8PK Site Code : J01808 Start Date : 4/19/2018 Page No : 2 Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Int. Total 1 Gall 11L/ttl lln Ll 07:30 AM SE 8th Ave Northbound NE 8th Ave Southbound NE Park St Eastbound NE Park St Westbound Start Time Right I Thru 1 Left 1 App. Total Right 1 Thru 1 Left 1 App. Total Right 1 Thru 1 Left 1 App. Total Right 1 Thru 1 Left 1 App. Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Int. Total 1 Gall 11L/ttl lln Ll 07:30 AM LLLLL. littGlaGtaital 1,Galll 4 0 51 at V 1. 55 lvl 2 0 2 4 12 184 1 197 1 309 2 312 568 07:45 AM 4 0 41 45 9 0 1 10 20 250 1 271 2 395 2 399 725 08:00 AM 2 0 23 25 3 0 0 3 20 192 3 215 0 214 3 217 460 08:15 AM 3 0 20 23 1 0 2 3 12 185 0 197 1 266 2 269 492 Total Volume 13 0 135 148 15 0 5 20 64 811 5 880 4 1184 9 1197 2245 % App. Total 8.8 0 91.2 75 0 25 7.3 92.2 0.6 0.3 98.9 0.8 PHF .813 .000 .662 .673 .417 .000 .625 .500 .800 .811 .417 .812 .500 .749 .750 .750 .774 O 0) c d W Z N NJ NE 8th Ave Out In Total 1 201 1 1 1 1 151 OF 51 Right Thru Left 1 91 1 291 L Peak Hour Data T North Peak Hour Begins at 07:30 AM All Traffic 4-1 T r-' 1 Left ThruRight 01131 1 I 1 1 1481 Out In Total SE 8th AVP 1 731 1 2211 co 0 rn Exhibit 4 Page 2 of 3 KMF Traffic Group, LLC Stuart, FL (772) 221-7971 Manual Traffic Count - All Traffic N Park St and NE/SE 8th Ave Okeechobee, FL File Name : NE8PK Site Code : J01808 Start Date : 4/19/2018 Page No : 3 Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 • Int. Total 1 04:30 PM SE 8th Ave Northbound NE 8th Ave Southbound NE Park St Eastbound NE Park St Westbound Start Time Right 1 Thru 1 Left I App. Total Right I Thru I Left 1 App. Total Right 1 Thru 1 Left 1 App. Total Right 1 Thru 1 Left 1 App. Total Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 • Int. Total 1 04:30 PM 4 0 28 32 4 0 0 4 43 285 4 332 1 293 10 304 672 04:45 PM 3 1 28 32 4 0 2 6 49 300 4 353 0 255 12 267 658 05:00 PM 9 1 35 45 2 2 1 5 61 310 6 377 2 296 8 306 733 05:15 PM 8 1 41 50 2 1 2 5 59 313 8 380 1 283 17 301 736 Total Volume 24 3 132 159 12 3 5 20 212 1208 22 1442 4 1127 47 1178 2799 % App. Total 15.1 1.9 83 60 15 25 14.7 83.8 1.5 0.3 95.7 4 PHF .667 .750 .805 .795 .750 .375 .625 .833 .869 .965 .688 .949 .500 .952 .691 .962 .951 F N c a w z 0 C) N N 1- F- h NE 8th Ave r1 in201 `Tot491 1 1 1121 31 51 Right Tr Le,ft Peak Hour Data North Peak Hour Begins at 04:30 PM All Traffic T r Left Thru Right 1 1321 31 1241 1 I 1591 Out In Total SF Rth AV!? 1 2621 1 4211 2 W V 0 Az — — m 2:1) Vo:, R- - — rn N to - Exhibit 4 Page 3 of 3 HCS7 Two-Way Stop-Control General Information Report Site Information Analyst JF Intersection SE 8th Ave & Project Driv Agency/Co. JFO GROUP INC Jurisdiction City of Okeechobee Date Performed 04/23/2018 East/West Street Checkers Project Driveway Analysis Year 2018 North/South Street Project Driveway Time Analyzed AM Peak Hour Factor 0.95 Intersection Orientation North-South Analysis Time Period (hrs) 0.25 Project Description Okeechobee Checkers Lanes Jd 1J„-.,l-LU � L -4 .i 4- v-- 41.111-rT 1-r 41 -1 1 t-r T Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 0 0 0 0 2 0 0 0 1 0 Configuration LR LT T ^y T Volume, V (veh/h) 14 2 2 148 73 Percent Heavy Vehicles (%) 2 2 2 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 7.5 6.2 4.1 Critical Headway (sec) 6.84 6.24 4.14 Base Follow-Up Headway (sec) 3.5 3.3 2.2 Follow-Up Headway (sec) 3.52 3.32 2.22 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 17 2 Capacity, c (veh/h) 832 1520 v/c Ratio 0.02 0.00 95% Queue Length, 095 (veh) 0.1 0.0 Control Delay (s/veh) 9.4 7.4 Level of Service, LOS A A Approach Delay (s/veh) 94 01 Approach LOS A Copyright © 2018 University of Florida All Rights Reserved. HCS7SIN TWSC Version 7.2.1 AM_Project Driveway.xtw Generated: 4/21/2018 6:39:53 PM Exhibit 5 Page 1 of 2 HCS7 Two -Way Stop -Control Report General Information Site Information Analyst JF Intersection SE 8th Ave & Project Driv Agency/Co. JFO GROUP INC Jurisdiction City of Okeechobee Date Performed 04/23/2018 East/West Street Checkers Project Driveway Analysis Year 2018 North/South Street Project Driveway Time Analyzed PM Peak Hour Factor 0.95 Intersection Orientation North-South Analysis Time Period (hrs) 0.25 Project Description Okeechobee Checkers Lanes J 4 1J4 1 -LU 1 1 L 4 4 -. 4- - '4t n -' I i- Y t 1- ( RluJoi Sheet. North-South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 0 0 0 0 2 0 0 0 1 0 Configuration LR LT T T Volume, V (veh/h) 17 2 2 159 262 Percent Heavy Vehicles (%) 2 2 2 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized No No No No Median Type/Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 7.5 6.2 4.1 Critical Headway (sec) 6.84 6.24 4.14 Base Follow -Up Headway (sec) 3.5 3.3 2.2 Follow -Up Headway (sec) 3.52 3.32 2.22 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 20 2 Capacity, c (veh/h) 620 1284 v/c Ratio 0.03 0.00 95% Queue Length, Q9s (veh) 0.1 0.0 Control Delay (s/veh) 11.0 7.8 Level of Service, LOS B A Approach Delay (s/veh) 11.0 0 1 Approach LOS B Copyright © 2018 University of Florida. All Rights Reserved. HCSTBN TWSC Version 7.2.1 PM_Project Driveway.xtw Generated: 4/21/2018 6:40:22 PM Exhibit 5 Page 2 of 2 a1=MIIII Staff Report Special Exception Request Checkers Fast Food Restaurant w/Drive-through Service (100 SE 8th Av.) Prepared for: The City of Okeechobee Applicant: NYLV Investors LLC Petition No.: 18 -001 -SE (Rev.) 13A Jackson Street # 206 Fort Myers, FL 3390 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) General Information Owner Owner Address Applicant Applicant Address Site Address Contact Person Contact Phone Number Email Address Future Land Use Zoning District Use of Property Carl Lee Windham Jr. P.O. Box 2743 Tallahassee, Florida 32316 NYLV Investors LLC 2000 Palm Beach Lakes Blvd., Suite 205 West Palm Beach, FL 33409 100 SE 8th Avenue Lindsay Libes (Agent) 561-537-4542 or 561-687-2220 Lindsay.Libes@wginc.com Existing Commercial CHV, Heavy Commercial Former retail store and tax office Acreage (per survey) 27,980 sf (0.642 acre) Proposed Commercial CHV, Heavy Commercial Checkers Fast Food Restaurant with Drive- through Service 27,980 sf (0.642 acre) Legal Descri •tion of Property Location: 100 SE 8th Avenue, Okeechobee, FL Parcel Identification Number: 3-22-37-35-0260-00000-0010 LOTS 1, 2 and 3 TAYLOR CREEK MANOR, a subdivision according to the plat thereof recorded in Plat Book 3, Page 4, of the public records of Okeechobee County, Florida, LESS and EXCEPT right of way for State Road 70, and land described in Official Records Book 217, Page 175 of the public records of Okeechobee County. Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for a Checkers fast food restaurant with drive-through service on the 27,982 square foot (0.642 -acre) property located at 100 SE 8th Avenue, at the southwest corner of SR 70 and SE 8th Avenue. LaRue Mfkrlt1ng 1 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) Descri • tion of the Situation The two buildings on the property (one formerly a retail use and the other was a tax preparation office) are slated for demolition. They will be replaced by a 912 square foot Checkers brand fast food restaurant building also providing 500 square feet of outdoor dining space. The property is designated Commercial on the Future Land Use Map (FLUM) and CHV, Heavy Commercial on the Zoning Map. The property is bounded on the north by the SR 70; by a single-family home on the south; by SE 8th Avenue and the Northshore Plaza Shopping Center on the east, and Taylor Creek on the west. According to the site plan accompanying the revised Application, the proposal includes drive-up/thru food and beverage service with 500 square feet of patio providing six outdoor dining tables seating a total of 24 persons. Twelve parking spaces, of which one is designated for the handicapped, are available to accommodate the anticipated 3 — 7 employees during the various shifts and walk up customers or those who choose to eat in the outdoor dining area. Hours of operation are proposed to be from 10am to 4am, seven days -a -week. Ad'acent FLUM Classification, Zoning District, and Existin • Land Use North East Future Land Use Map Zoning District Existing Land Use Future Land Use Classification Zoning District Existing Land Use Future Land Use Classification South Zoning District Existing Land Use West Future Land Use Classification Zoning District Existing Land Use Commercial to the north and northeast across SR 70. CHV, Heavy Commercial to the north and northeast across SR 70. MH park/MH sales, Cowboy's restaurant, and other commercial uses to the north and northeast across SR 70. Commercial CHV, Heavy Commercial Northshore Plaza Shopping Center across SE 8th Avenue. Single -Family Residential RMF, Residential Multiple Family Single-family home Taylor Creek, then Single -Family Residential Taylor Creek, then CHV, Heavy Commercial Taylor Creek, then Vacant lot owned by Burger King. �_ aRuc planning 2 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) Consistenc with Land Development Regulations Section 70-373(b) requires that the Applicant address the following standards for granting a Special Exception during his/her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments follow and are shown in Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. "The site is located at the southwest corner of State Road 70 and SE 8th Ave and retains a FLU designation of Commercial and Zoning District of Heavy Commercial. The proposed restaurant use is permitted consistent with the Section 90-283 of the City of Okeechobee's Land Development Regulations. Pursuit to Section 90-283, a drive-through service is permitted in the CHV district after the issuance of a special exception use petition. The subject site is appropriate for the proposed Checkers fast food restaurant with a drive- through service as similar operations are adjacent to the subject site. The following is a summary of the uses surrounding the site: NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. EAST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Furniture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. WEST: Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial." LaKue piinnng 3 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) STAFF COMMENTS: It is true that the site is zoned CHV and that drive-through service is allowed as a special exception. However, there are no fast-food restaurants adjacent to the subject property. All of the nearby fast food restaurants with drive-through service are located along SR 70 between 400 and 600 feet to the east or west of the subject site. Specifically, Burger King is a little under 500 feet to the west; Popeyes is a bit over 400 feet to the east; and Zaxby's is a little under 600 feet to the east. All are located on the south side of SR 70 and have access to/from SR 70. None are on a corner lot or receive access from a local street. With the DOT's denial of access from SR 70, the use of SE 8th Avenue as the only access point appeared to potentially be a major concern as to the appropriateness of the property as a site for the proposed Checkers fast-food drive-in restaurant. Based on the reports of the Applicant's traffic engineer, Dr. Juan Ortega, and the City's consulting traffic engineer, Susan O'Rourke, a full access driveway on SE 8th Avenue can be accommodated. While this concern is no longer a major issue, there remain other questions and issues as to site's appropriateness. These are discussed in the following sections of the Staff Report and lead me to the conclusion that the proposed location and site are not appropriate for the use. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "The proposed development of a fast food restaurant with a drive-through service lane, known as Checkers Restaurant, is compatible and consistent with the existing FLU designation of Commercial and Zoning District Heavy Commercial. The land uses immediately surrounding the site are consistent with the proposed use as they are commercial in nature, with similar or greater intensities. The proposed 1,142 SF Checkers Restaurant with a drive-through service (including 500 SF of outdoor dining) provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. It is the intent of the applicant to propose a design that is compatible with the existing commercial developments within the area, while maintaining the prototype appearance of the Checkers brand." LaKuc planning 4 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) STAFF COMMENTS: One of the reasons for this standard is to ensure that the structures are not uncharacteristically high or overly massive with respect to nearby uses. Since the proposed facility is only one-story in height and of limited size, we foresee no specific design efforts in this regard. This standard is also intended to ensure that noise, odors, or glare from lights do not adversely affect adjacent properties. This is particularly important when a business is open late into the nighttime or early morning hours. Nighttime use of loudspeakers for taking orders is particularly inappropriate close to residential uses. The menu board and loudspeaker for order taking is just about 40 feet from the residence to the south. This nuisance factor is magnified by the proposal to operate the drive-through until 4am. No other fast-food drive-thru restaurants in the vicinity have anywhere near as little as 40 feet separation from the menu board/loudspeaker to nearby residential properties. Following are the operating hours and location of the menu board/loudspeaker at each of the other drive-in fast-food restaurants along SR 70 in Okeechobee: RESTAURANT NAME HOURS DISTANCE TO PROPERTY LINE DISTANCE TO HOUSE McDonald's 24 hours/7 days 120 Feet 180 Feet Taco Bell Mon—Thur: 12am Fri/Sat: 1 am 165 Feet 180 Feet Burger King 7 days: 12am NA: All surrounding properties are vacant and zoned CHV, Heavy Commercial Wendy's 7 days: 1 am 135 Feet NA Popeyes Mon—Fri: 9pm Fri/Sat: lOpm NA: Drive-thru faces SR 70 on north side of shopping center building. Zaxby's Sun—Fri: 9:30pm Sat-10pm 107 feet 135 feet As can be seen in the table above, only two nearby fast food restaurants with drive-through service are open later than midnight. These are McDonalds (open 24 -hours) and Wendy's (open until 1 am) and neither has a menu board and loudspeaker anywhere near as close to a residential use as the 40 feet proposed in this application. In addition, the exit lane from the parking lot at the proposed Checkers is on the south side of the property. The loading zone and the dumpster are separated from the south property line by just the minimum required two -foot landscape strip. The loading zone, and particularly dumpster, pose potential nuisances in the form of noise and odors to the adjacent residential property. The above leads me to conclude that the site and proposed buildings have not been designed so they are compatible with the adjacent use. L_.Kye planning 5 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "The proposed 1,412 SF Checkers Restaurant with a drive-through service (including 500 SF of outdoor dining) provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands." STAFF COMMENTS: While the adjacent property owner has an existing fence along his northern property line, it is in poor repair and would prove insufficient to buffer the residence from the increased intensity of the use proposed by the Applicant. The Application provides little in the way of landscaping and buffering to protect the residential property to the south. While the two -foot buffer strip with a few trees and bushes proposed along the south property line and dumpster area may meet the minimum landscaping requirements, they do little to minimize noise and glare from lights of southbound vehicles exiting the parking lot (or entering the drive-through service area) or the potential odors and noise associated with the dumpster location. These situations are all the more inappropriate considering the proposed late-night operating hours and I believe the proposed use is not ade- quately screened from the adjacent use. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "There is one (1) 32 foot wide point of access from SE 8th Ave. The access is located towards the southeastern portion of the site is derived from an existing curb cut that will be provide ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the exit. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. Additionally, the proposed development provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south." Lakuc planning 6 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) (5) STAFF COMMENTS: Traffic and access issues will be addressed under Standard 6 of this section. agree that the location of the outdoor dining area and the parking locations minimize the negative impacts of these aspects upon the property to the south. However, the dumpster and the loading zone, being so close to the adjoining residential property, as well as the location of a loudspeaker at the menu board just 40 feet from the south property line, are examples of insensitivity to the occupants and owners of the property to the south. (Refer item #2 on page 5 re: Staff Comments relating to the proposed 4am closing time and the proximity of the menu board/loudspeaker, dumpster and loading zone to the residential property immediately to the north.) It is my opinion that the impacts of potential hazards, problems or public nuisances generated by the use have not been adequately reduced. Demonstrate how the utilities and other service requirements of the use can be met. "There is an existing 12" water main in NE Park Street and a 6" water main in SE 8th Avenue. The existing site is serviced from a water line with a 3/4" water meter from the 6" water main in SE 8th Avenue. The proposed development will continue to utilize the existing service to serve the proposed building. There is an existing 8" force main in NE Park Street and a 6" force main in SE 8th Avenue which comes from an existing lift station approximately 500 feet to the south of the site. Per discussion with Okeechobee Utility Authority, the proposed development would include the construction of gravity sewer from the site through the SE 8th Avenue right of way to tie into an existing manhole approximately 350 feet to the south which feeds into the nearby existing lift station. There is an existing overhead power pole on the east side of the property that serves the existing buildings. This power pole could serve the proposed building. The survey located a buried AT&T line in the SE 8th Avenue right of way on the west side of the road which could serve the proposed building if needed." STAFF COMMENTS: We fully expect that utilities are available, and the adequacy and specifics of these facilities will be addressed during the site plan stage review stage. LaRue planning Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "There is one (1) 32 foot wide point of access from SE 8th Ave. The access is located towards the southeastern portion of the site is derived from an existing curb cut that will be provide ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the exit. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. STAFF COMMENTS: Dr. Juan Ortega, the Applicant's traffic engineer, has concluded that no Traffic Impact Statement (TIS) is necessary and we agree. The DOT's denial of access to SR 70 means access is available only from SE 8th Av. Dr. Ortega has completed his traffic analysis and determined that full access via SE 8th Avenue to the proposed Checkers is appropriate. The City has similarly enlisted Susan O'Rourke, a professional traffic engineer, to review and comment. She finds that the location of the driveway (about 175 feet south of the centerline of SR 70) meets the City's 140 -foot minimum required by §78-3 of the City's Code. The information provided by Dr. Ortega indicates that there could be times when the northbound travel extends beyond the driveway. However, Ms. O'Rourke notes that the site shows 85 feet of on-site storage for waiting vehicles, and that this should be more than adequate. She has, therefore, confirmed the proposed full access driveway on SE 8th Avenue can be accommodated. However, she warns that the southbound entry requires vehicles to make a "U- turn" into the site and that there is only 44 feet available for entering vehicles to negotiate the "U-turn". She noted that this width appears is sufficient for passenger cars, trucks and vans up to 23 -feet in length, but that larger vehicles would need to go in contra -flow (i.e., against the normal traffic flow) to access the site. Trucks entering the property in this manner during operating hours would disrupt the entire circulation pattern of the site. Her conclusion was that the site should be signed, "no entry to trucks during public business hours" I find it questionable that large vehicles will always comply with the signage, caus- ing problems on the site that could then spill over onto the local roadway. The City will have little control or recourse in the event such situations occur. Since it is unlikely Checkers will be able to control the timing of deliveries, the problem becomes particularly significant. If such trucks arrive during business hours they will disrupt interior circulation and also the local roadway, since they will back out onto SE 8th Avenue. If a delivery or garbage truck arrives in the early morning or late at night, the adjacent residential use will be subject to loud noises. The foregoing indicates to me that there are still likely to be problems with on-site and off-site vehicle movement associated with the proposed use which may indicate the site and location are not appropriate for the use. LaRue planning 8 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) Section 70-373(c) (1) — (8 When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1)-(8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments follow and are shown in Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "The proposed 1,412 SF Checkers Restaurant with a drive-through service (including 500 SF of outdoor dining) is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including the standards for building and structural intensity and density, and intensity of use. The cuurent FLU designation for the subject property is Comrnercial with a CHV Zoning designation. These are consistent and compatible future land use and zoning designations." STAFF COMMENTS: I agree that a restaurant with drive-thru service is a commercial use potentially contemplated within the Commercial Future Land Use Category. However, the proposed use at this location operating as described in the Application, is inconsistent with Goal 1 of the Comprehensive Plan, which reads as follows: "Through a well-planned mix of compatible land uses, the City of Okeechobee shall continue to maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at minimum cost." Specifically, it is inconsistent in that: a. it does not represent a "well planned mix of compatible uses" and b. it will diminish the quality of the living environment of the adjoining residential property. (2) The use is specifically authorized as a special exception use in the zoning district. "Pursuit to Section 90-283, a drive-through service is permitted in the CHV district after the issuance of a special exception use petition. The proposed development request is located within the CHV district and proposes a Checkers Restaurant with a drive-through service. Thus, the special exception use request is required for the proposed site." STAFF COMMENTS: I agree. Drive-through service is specifically listed as an allowable Special exception use in the CHV District. L aKuc planning 9 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) (3) The use will not have an adverse effect on the public interest. "The proposed Checkers Restaurant with a drive-through service will not have any adverse effects on the public interest. The Checkers franchise operates as a national chain and will provide precise food services to all participating customers of the City of Okeechobee. STAFF COMMENTS: It has been determined that SE 8th Avenue can accommodate full access to the proposed Checkers, although there are potential problems that need to be addressed to ensure that the convenience and safety of the traveling public is guaranteed. Specifically, southbound entry requires vehicles to make a "U-turn" into the site and that there are only 44 feet available for entering vehicles to negotiate the "U-turn" into the site. Ms. O'Rourke noted that this appears to be sufficient for passenger cars, trucks and vans up to 23 -feet in length, but that larger vehicles would need to go in contra -flow (i.e., against the normal traffic flow) to access the site. Trucks entering the property in this manner during operating hours would disrupt the entire circulation pattern of the site. Her conclusion was that the site should be signed, "no entry to trucks during public business hours" I find it questionable that large vehicles will always comply with the signage, caus- ing problems on the site that could then spill over onto the local roadway. The City will have little control or recourse in the event such situations occur. Since it is unlikely Checkers will be able to control the timing of deliveries, the problem becomes particularly significant. If such trucks arrive during business hours they will disrupt interior circulation and also the local roadway, since they will back out onto SE 8th Avenue. If a delivery or garbage truck arrives in the early morning or late at night, the adjacent residential use will be subject to loud noises. The foregoing suggests to me that there remain concerns as to the proposed Checkers' potential adverse impact the operation of SE 8th Avenue. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "The subject site is suited for the proposed Checkers restaurant with a drive-through service as the Checkers restaurant will replace the existing two both buildings that no longer provide service. The site is located at the southwest corner of State Road 70 and SE 8th Ave and retains a FLU designation of Commercial and Zoning District of Heavy Commercial. The proposed restaurant use is permitted consistent with the Section 90-283 of the City of Okeechobee's Land Development Regulations. The Checkers restaurant will not be detrimental to urbanizing land use patterns as similar operations are adjacent to the subject site. The following is a summary of the uses surrounding the site:" LaRue planning 10 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) (5) NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. EAST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Furniture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial WEST: Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. STAFF COMMENTS: See response to item (2) on page 5, as to the late-night hours proposed to extend to 4am; the proximity of the menu board/loudspeaker, dumpster and loading zone to the adjoining residence to the north and their attendant noise and odor impacts. Without amelioration of these factors I cannot see how the use can be considered compatible with the adjoining residential use. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The proposed Checkers Restaurant will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Land uses immediately surrounding the site are consistent with the proposed use as they are commercial in natural, with similar or greater intensities. The proposed Checkers is compatible and consistent with the existing FLU designation of Commercial and Zoning District Heavy Commercial." STAFF COMMENTS: See responses to items (2) on page 5 and (3) on page 6 as regards the late-night hours proposed to extend to 4am; the proximity of the menu board/loudspeaker, dumpster and loading zone to the adjoining residence to the north and their attendant noise and odor impacts, and the minimum landscape buffer and minimal landscaping. Without amelioration of these factors, it is clear to me that the proposed use will adversely affect the living conditions on the adjacent residential property. LaKte ptannng 11 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "The proposed commercial development of the Checkers Restaurant provides the required 2 feet buffer which will minimize adverse effects, including visual impact and intensity of the proposed use on the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. It is the intent of the applicant to propose a design that is compatible with the existing commercial developments within the area, while maintaining the prototype appearance of the Checkers brand." (7) STAFF COMMENTS: See responses to item (3) on page 6 as regards the late- night hours proposed to extend to 4am; the proximity of the menu board/loudspeaker, dumpster and loading zone to the adjoining residence to the north and their attendant noise and odor impacts, and the inability of the minimum two -foot landscape buffer and minimal landscaping to reduce the nuisance impacts of these factors. It is my opinion that the proposed use is not adequately screened to sufficiently reduce the expected nuisance factors from the adjacent residential use. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The proposed Checkers Restaurant will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The proposed Checkers operates a quick food service that will not sustain density for long periods of time. The site retains a FLU designation of commercial and a Zoning district of Heavy Commercial. Therefore, proposed use of a restaurant is permitted and is compatible with the surrounding commercial developments. STAFF COMMENTS: Density is not an issue with a commercial use and the proposed fast-food restaurant with drive-through service and outdoor seating for 24, while increasing traffic, should not have a significant negative effect upon public services or facilities. LaRue pltanni,ng 12 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (Rev.) (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed Checkers operates a quick food service that will not sustain density for long periods of time. There is one (1) 32 foot wide point of access from SE 8th Ave. This access is located towards the southeastern portion of the site is derived from an existing curb cut that will provide ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the exit. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. Therefore, will not create traffic congestion, flooding or draining problems, or affect public safety." STAFF COMMENTS: See responses to item (6) on page 8 pertaining to Ms. O'Rourke's confirmation that, that the full access driveway can be accommodated on SE 8th Avenue and her warning concerning the need for southbound vehicles to execute a U-turn to access the site, including the necessity for limitations on vehicles greater than 23 feet in length entering the site during public business hours. I find it questionable that Targe vehicles will always comply with the signage, caus- ing problems on the site that could then spill over onto the local roadway. The City will have little control or recourse in the event such situations occur. Since it is unlikely Checkers will be able to control the timing of deliveries, the problem becomes particularly significant. If such trucks arrive during business hours they will disrupt interior circulation and also the local roadway, since they will back out onto SE 8th Avenue. If a delivery or garbage truck arrives in the early morning or late at night, the adjacent residential use will be subject to loud noises. Flooding and drainage problems are not expected but, if the Special Exception is approved, these issues will be specifically addressed during the site plan review. The foregoing indicates to me that there are still likely to be problems associated with on-site and off-site vehicle movement associated with the proposed use which may indicate the site and location are not appropriate for the use. LaKuc planning 13 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) Recommendation Based on the foregoing analysis, I find the requested Special Exception to be inconsistent with the City's Comprehensive Plan, not appropriate for the location and site, and not compatible with adjacent uses. Therefore, I recommend denial of the Special Exception Application for a Checkers fast food restaurant with drive-through service on the property located at 100 SE 8th Avenue. Submitted by: 41 Li r Wm. F. Brisson, AICP Planning Consultant May 9, 2018 Board of Adjustment Hearing: May 17, 2018 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses LaK' c pfanr}ng 14 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) ri .4011 FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS w ff, COMPREHENSIVE PLAN LAND USE 1-1-1 SINGLE - FAMILY ® MULTI FAMILY COMMERCIAL 1 1 INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE LaRue ptannung 15 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) ZONING MAP SUBJECT SITE AND ENVIRONS ZONING - :8-CCVA'. 3U It -40C DISTRICT - -tE.AVY COMMERCIAL - LIGHT COMMERCIAL -=- COMM PROFESSIONAL CFF Z -- iDLDING IND - I:tIDUSTRIAL PUB - PUBLIC FACILITIEZ PUD -MIXED oLiO_q - ?VF F.ESIDENTIAL MULTIFAMILY a V H- RES ID E VTIAL MOBILE ROVE FI -PEST:EYTI.AL SI!1GLE PAWL', '.S F2 - E.:I:EVT:AL^.i'4 LE FAMILY LaRue Otaniiirig 16 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE (Rev.) EXISTING LAND USE SUBJECT SITE AND ENVIRONS NORTH 1 ",,, i tA41-nt . , ilA 50 , p ::11. - ,,,,...., -, ' 4", 2 of1 PI rn P-. .,,, '•••••"111‘ P.... .4' . i CI 71 ... •it 4' 11 - 1 -; La QtitarTa r. •• oar • „; Market 5 IL. -,17 • e 4$. River Run Resort MHP 105 3055 4.-4 41116 . Ille' \ - tip. r Mobile Home Sales "Ma rail& 377 78 kiiTrger 'Ting 22123 • r n 35, Zaxbvs 1:11,"9""- 7.7.1 rris • 230 365, oreP aza SC I ' • 4•46. ' 1 W SOU TI i 17 planning CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N2 45462 (863) 763.3372 20 RECEIVED from L v G ©A_)sc)‘'N & N1c �n�i - � Dollars ,00 5.e,` c)\�,p�'c-��'-�,-� s1c-1\c; sc CLERK COPY CHASE i CHASE ONLINE BILL PAYMENT PO BOX 15944 WILMINGTON DE 19850--594 (800) 472-6236 Apply to Acct 18 -001 -SE NYLV INVESTORS LLC C/O TRIUMPH HOTELS 1633 BROADWAY FL 46 NEW YORK NY 10019-6708 Pay FOUR THOUSAND SIX HUNDRED TWENTY-THREE AND 15/100 II.'1111'iI'IIIIIIII...111111111u111.1.1.11iuIIIlrd1u1I,.I0I0I1I To 22741 BPC 001 001 18165 - 567832930 1 OF 1 the CITY OKEECHOBEE Order 55 SE 3RD AVE of SENERAL SERVICES DEPT OKEECHOBEE FL 34974 tt'S6783 2930fig 1:0111100003 6585330L311' 567832930 25-3/440 06-14-2018 165529002700102741000100000000 Dollars $4,623.15 secumy Ieatmea Delade on back. Check Void After 90 Days JPMorgan Chase Bank, N.A. Columbus, Ohio Bill To City of Okeechobee 55 SE 3rd Avenue General Services Dept. Okeechobee, FL 34974 NYLV Investor LLC Attn: Alan Perlmutter 6655 W. Sahara, B200-113 Las Vegas, NV 89146 Invoice Date Invoice # 6/11/18 18 -001 -SE Terms: Net 15 Due Date: 6/26/18 Date Description Items Rate Inv. Amt. Special Exception Petition 18 -001 -SE 1/30/18 Petition fee paid Check No. 101314 -$500.00 2/28/18 SPO Notices mailed 8 $0.35 $2.80 3/8/18 BOA Member packets mailed 9 $2.89 $26.01 Advertising cost $200.34 Planning Staffs Services: February 7.25 hrs March 16 hrs April 10.5 hrs May 25.25 hrs Total 59.0 hrs Overage: (59.0 - 40.0 = 19.0 x $105.00/hr) $1,995.00 5/23/18 Charges from Traffic Engineer, Susan O'Rourke $2,899.00 Amount Due $4,623.15 Make all checks payable to City of Okeechobee. Send to the Attn: Patty Burnette If you have any questions concerning this invoice, contact Patty Burnette, General Services Coordinator, at 863-763-3372 X9820 or pburnette@cityofokeechobee.com. THANK YOU FOR YOUR BUSINESS! ii Patti Burnette From: Patty Burnette Sent: Tuesday, June 12, 2018 11:09 AM To: Chad Riddle (Chad.Riddle@wginc.com) Cc: 'Realestatedeveloperl@gmail.com' Subject: RE: Special Exception Petition No. 18 -001 -SE Attachments: Invoice NYLV Investor LLC.pdf; Invoice -Traffic Engineer.pdf; Resolution No. 98-11.pdf Chad, Please see the attached revised invoice as requested. Thank you, Patty PcuhLy M. 6u4rwe t ' Genera(Services Coordinator City of Okeec6io6ee SS Southeast 34 Avenue Okeechobee, PL 34974 Te6 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-mail y6urnette@citjofokeecIo6ee.com website: www.cityofokeecIo6ee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Chad Riddle [mailto:Chad.Riddle@wginc.com] Sent: Tuesday, June 12, 2018 10:26 AM To: Patty Burnette; Lindsay Libes Cc: Veronica Sanchez Subject: RE: Special Exception Petition No. 18 -001 -SE 1 Good Morning Patty - Could you revise the Invoice attached to address the entity below: Alan Perlmutter NYLV Investor LLC 702.701.6164 Realestatedeveloperl (&gmail.com 6655 W. Sahara, B200-113 Las Vegas, NV 89146 2000 Palm Beach Lakes Blvd. #205 West Palm Beach Lakes Blvd, FL. 33409 Let me know if you have any further questions — Thanks. WGI Chad Riddle 'SLA, ISA Senior Designer Chad. Riddle@ wginc. com t.561.687.2220 .561.687.1110 ESQ From: Patty Burnette[mailto:pburnette@cityofokeechobee.com] Sent: Monday, June 11, 2018 3:52 PM To: Chad Riddle <Chad.Riddle@wginc.com>; Lindsay Libes <Lindsay.Libes@wginc.com> Cc: Veronica Sanchez <Veronica.Sanchez@wginc.com> Subject: Special Exception Petition No. 18 -001 -SE Importance: High Good Afternoon Chad and Lindsay. Attached is an invoice for additional fees owed to the City in regards to the Special Exception Petition for the Checkers Restaurant. I have attached a copy of the invoice from the Traffic Engineer that the City needed to hire as well as a copy of Resolution No. 98-11 from the City's Code that speaks of fees and charges. Should you have any questions, please just let me know. Thank you, Patty Pafty M. 6urvA- N -e. General Services Coordinator City of Okeechobee 2 55 Southeast 3rd Avenue Okeechobee, EL 34974 T 863-763-3372 Direct: 863-763-982o Tax: 863-763-1686 e-mail: yburnette@cityofokeechobee.com website: www.citjofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 3 Bill To City of Okeechobee 55 SE 3rd Avenue General Services Dept. Okeechobee, FL 34974 Wantman Group, Inc. 2035 Vista Parkway West Palm Beach, FL 33411 Invoice Date Invoice # 6/11/18 18 -001 -SE Terms: Net 15 Due Date: 6/26/18 Date Description Items Rate Inv. Amt. Special Exception Petition 18 -001 -SE 1/30/18 Petition fee paid Check No. 101314 -$500.00 2/28/18 SPO Notices mailed 8 $0.35 $2.80 3/8/18 BOA Member packets mailed 9 $2.89 $26.01 Advertising cost $200.34 Planning Staffs Services: February 7.25 hrs March 16 hrs April 10.5 hrs May 25.25 hrs Total 59.0 hrs Overage: (59.0 - 40.0 = 19.0 x $105.00/hr) $1,995.00 5/23/18 Charges from Traffic Engineer, Susan O'Rourke $2,899.00 Amount Due $4,623.15 Make all checks 1 payable to City of Okeechobee. Send to the Attn: Patty Burnette If you have any questions concerning this invoice, contact Patty Burnette, General Services Coordinator, at 863-763-3372 X9820 or pburnette@cityofokeechobee.com. THANK YOU FOR YOUR BUSINESS! Patty Burnette From: Patty Burnette Sent: Monday, June 11, 2018 3:52 PM To: Chad Riddle (Chad.Riddle@wginc.com); Lindsay.Libes@wginc.com Cc: Veronica Sanchez (Veronica.Sanchez@wginc.com) Subject: Special Exception Petition No. 18 -001 -SE Attachments: Invoice Wantman Group, Inc..pdf; Invoice -Traffic Engineer.pdf; Resolution No. 98-11.pdf Importance: High Good Afternoon Chad and Lindsay. Attached is an invoice for additional fees owed to the City in regards to the Special Exception Petition for the Checkers Restaurant. I have attached a copy of the invoice from the Traffic Engineer that the City needed to hire as well as a copy of Resolution No. 98-11 from the City's Code that speaks of fees and charges. Should you have any questions, please just let me know. Thank you, Patty Pa 1-y M. rvvt te, general -Services Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, AFL 34974 Teb 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e mail yturnette@cityofokeecho6ee.com website: www.cityofokeec(io6ee.cor NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 APPENDIX C—SCHEDULE OF LDR FEES AND CHARGES RESOLUTION NO. 98-11 SCHEDULE OF LAND DEVELOPMENT REG- ULATION FEES AND CHARGES Fees and charges listed below pertain to appli- cations, petitions, reviews and appeals before the city council, planning board, board of adjustment, technical review board, code enforcement board, and design review board. They shall be paid at the time of application filing. It should be noted that in addition to the below application fees, addi- tional fee's for various other inspections or per- mits may also be applicable. When the cost of advertising, publishing and mail notices of public hearings exceeds the estab- lished fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. The city shall notify the applicant as timely as possible when additional fees or costs have been incurred. A final invoice, for balance due, will be mailed to the applicant following the final hearing should addi- tional fee's be incurred over the fee or charge listed below. Regardless whether the applicant personally submits the application or petition, or it is submitted through an agent, it is understood that if any fee's or costs remain unpaid following the final bill, the city shall place a lien against the subject real property for such amounts until paid in full. Fee Schedule: 1. Comprehensive plan amendment: a. Large scale future land use map amendment $4,000.00 plus $30.00 per acre b. Text amendment(s) 2,000.00 c. Small scale future land use map amendment 850.00 plus 30.00 per acre 2. Land development regulations amendment 500.00 3. Zoning district boundary change (rezoning) 850.00 plus 30.00 per acre 4. Appeal of an administrative decision $425.00 5. Variance petition 500.00 6. Special exception use petition 500.00 plus 30.00 per acre 7. Temporary use permit 175.00 a. Submitted by charitable or nonprofit associations if they qualify as a religious, charitable, or nonprofit association under section 501(c)(3) on the Internal Review Code, city administrator has authority to waive the fee. 8. Site plan review 1,000.00 plus 30.00 per acre 9. Preapplication subdivision plat review 400.00 plus 30.00 per acre 10. Preliminary subdivision plat review 500.00 plus 30.00 per acre Supp. No. 6 CDC:3 OKEECHOBEE CODE 11. Final subdivision plat approval 1,000.00 plus 30.00 per acre 12. Subdivision plat modification 200.00 plus 30.00 per acre 13. Abandonment of street and/or alley 600.00 14. Reversion of subdivided land to acreage 200.00 plus 30.00 per acre 15. Development of regional impact 5,000.00 plus 30.00 per acre 16. Development of significant environmental impact 2,000.00 plus 30.00 per acre 17. Engineering services Amount of invoice billed to city It is understood that the city cannot determine in advance on applications filed by applicants under this section whether the application will have to be reviewed and/or approved by the engineering firm retained by the city, in addition to any review provided by the city building official, department head or other city personnel. If required, the approval or review must be made by the engineering firm on retainer with the city at the time of submission of the application. Therefore, in the event such additional engineering fees and charges are incurred in the processing andaapproval process of the application, such fees and charges, as set by the existing contract between the city and the engineering firm, will be assessed to and paid by the applicant, which shall be considered in addition to any application fees, charges or assessments for the services provided by Resolution Number 98-11, and as amended. The city shall notify the applicant prior to incurring such engineering fees and charges, to afford the applicant the opportunity to determine whether it is feasible to proceed with such application in light of such additional costs. 18. Planning consultant services Amount of invoice billed to city It is understood that the city cannot determine in advance on applications filed by applicants under this section the full extent as to how much the application will have to be reviewed and/or approved by the planning consultant retained by the city, in addition to any review provided by the city building official. Department head or other city personnel. If required, the approval or review must be made by the planning consultant on retainer with the city at the time of submission of the application. Therefore, in the event such additional planning consultant fees and charges are incurred in the processing and approval process of the application, such fees and charges, as set by the existing contract between the city and the consultant, will be assessed to and paid by the applicant, which shall be considered in addition to any application fees, charges or assessments for the services provided by Resolution Number 98-11, and as amended. (Res. No. 02-9, 7-16-2002; Ord. No. 08-11, § 1, 11-18-2008) Supp. No. 6 CDC:4 Pd 500,00 Po►oires a 8 MQ�_f Poe A(o-oi Tv fie a( 94616.& 5 i a3.15 1-V-lo').3. IS ou3e.A.- _ . afg b b 1 -- oo -co 1 o• b - r ,cr O11 -7-r- ---0---,-61 t 'CIT-- g, Q1 g i s6 ----(.) IOW 9-00H 3S-PO-I y rof.Q+ 5ghr540L j a� X .00 16 -001 -SE" Checkers February -7. a5 hrs !Viet ICD In r s A,�11I 10.5 Ars A/Iay a5, a 5 irs 17) S I L -roc. Tra e a ne ef it Ke— a S 91. ao Susan o Tomcu( SR) heal 1(6(s -'A20 TO rv\OJ 1 f le,l e fs - a (D.01 AciVQd i3 fiq _ x,00.34 Patty Burnette From: Bobbie Jenkins Sent: Friday, June 08, 2018 8:34 AM To: Patty Burnette Subject: RE: Ad cost for 18 -001 -SE 200.34 and it was not o :� Bobilyiie IL Jen Ruins Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Patty Burnette Sent: Friday, June 08, 2018 8:24 AM To: Bobbie Jenkins Cc: Lane Gamiotea Subject: Ad cost for 18 -001 -SE Bobbie, need to know the ad cost for the Checkers Special Exception (18 -001 -SE) that was done in March and then I don't remember if it was re -advertised in May. Please and thank you. `IPlanning ''& Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida :r -; *- 239-334-3366 Serving Florida Local Governments Since 1988 BILL TO City of Okeechobee Attn: Patty Burnette 55 SE 3rd Avenue Okeechobee, FL 34974 Email: pburnette@cityofokeechobee.com Draw it5 p3a-. oO ItAR 2 2018 p.6ruxte, 3/la I� FINANCE 3-01 Invoice DATE INVOICE # 3/9/2018 5667 P.O. NO. 3/9/2018 DESCRIPTION Planning & Zoning Services for the Month of February 2018 Consultant and staff review and preparation of staff reports. Development Applications: 18 -001 -AC: JMK of Okeechobee, Inc.; prepare Staff Report. (6 hrs) 18-001-SSA/R: William H. Mason; Review materials, conduct finding of completeness; discuss various issues and deficiencies with S. Dobbs; determine Applications to be incomplete, but that no Traffic Impact Statement will be necessary when Application is resubmitted. (13.50 hrs) 18-002-R: 207 Realty, Inc.; determine Application to be complete; prepare Staff Report. (4.75 hrs) 18 -001 -SE: NYLV Investors LLC; determine Application to be complete; work on Staff Report. (7.25 hrs) 18 -001 -TRC: Okeechobee County; new Public Works Facility; receive Application. (0.25 hrs) General Planning: General phone calls and discussions with City Staff (1.00 hour); research "Tiny Houses" (0.75 hour); LDR changes and Lot Splits (2.25 hours) review Zoning Map (0.50 hour); 103 SW 8th Street (0.50 hour). Monthly services per agreement of 40 hours = $3500.00. Total Hours = 36.75. Additional hours at standard rate of $105.00 per hour. 31.75 5 Thank You For This Opportunity to Serve You! 3,500.00 3,500.00 Total $3,500.00 %i Planning .18c Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239-334-3366 Serving Florida Local Governments Since 1988 APR 052Q Y8 BILL TO City of Okeechobee Attn: Patty Burnette 55 SE 3rd Avenue Okeechobee, FL 34974 Email: pburnette@cityofokeechobee.com FINANCE Invoice DATE INVOICE # 4/4/2018 5672 P.O. NO. DESCRIPTION Planning & Zoning Services for the Month of March 2018 Consultant and staff review and preparation of staff reports. Development Applications: 18 -001 -AC: JMK of Okeechobee, Inc.; Prepare for and attend TRC meeting. (1.75 hrs) 18-001-SSA/R: William H. Mason; Receive and review revised Application materials, conduct finding of completeness; discuss application with Steve Dobbs and work on preparing Staff Reports. (11 hrs) 18 -001 -SE: Draft Staff Report; discuss potential problems re: lack of DOT SR 70 access information; visit site; attend March 15th Public Hearing; meeting was continued to May 17th. (16 hrs) 18-002-R: 207 Realty, Inc.; Prepare for and attend March 15th Public Hearing. (2.5 hrs) 18 -001 -TRC: Okeechobee County; new Public Works Facility; Receive Application; begin organizing and reviewing Application; review for completeness and notify Clerk's office that application is complete; begin reviewing Site Plan. (2.25 hrs) General Planning: General phone calls and discussions with City Staff (4.50 hrs); research "Tiny Houses" (0.75 hour); explore additional needed LDR changes (1.50 hrs) review Zoning Map (0.50 hr); 103 SW 8th Street (2.75 hrs). Monthly services per agreement of 40 hours = $3500.00. Total Hours = 43.50. Additional hours at standard rate of $105.00 per hour. PC*- 4010 L irk U 3 g 50 &UA n�- q 5- I 4/4/2018 Thank You For This Opportunity to Serve You! 33.5 10 3.5 3,500.00 105.00 3,500.00 0.00 367.50 Total $3,867.50 Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239-334-3366 Serving Florida Local Governments Since 1988 BILL TO City of Okeechobee Attn: Patty Burnette 55 SE 3rd Avenue Okeechobee, FL 34974 Email: pburnette@cityofokeechobee.com Invoice DATE 5/4/2018 INVOICE # 5688 P.O. NO. DUE DATE 5/18/2018 DESCRIPTION HOURS RATE AMOUNT Planning & Zoning Services for the Month of April Consultant and staff review and preparation of staff reports. Development Applications: 18 -001 -TRC: Okeechobee County; new Public Works Facility; Prepare Staff Report; prepare for and attend April 19 TRC meeting. (13.75 hrs) 18 -001 -SE: Telephone calls with various Applicant representatives; review revised materials and provide guidance as to timing and content of needed materials and information; download and print revised Application submittal; arrange for traffic engineer to review materials and provide analysis and comments; inform Applicant's representatives of additional traffic -related information needed, including deadlines to allow the application to be heard by the BOAA at the May 17th Public Hearing; (10.5 hrs) 18-002-R: 207 Realty, Inc.; Prepare for and attend April 17th City Council Public Hearing. (7 hrs) 18-001-SSA/R: William H. Mason; Prepare for and attend April 19th Planning Board Public Hearing. (8 hrs) General Planning: General phone calls and discussions with City Staff (0.50 hour); three nonconforming lots (0.50 hour); Elks Club location (0.50 hour); initial discussion with Councilwoman Clark and begin investigation into landscaping and sign code changes (3.25 hours); look into historic preservation question posed by City Clerk (1.00 hour). Monthly services per agreement of 40 hours = $3500.00. Total Hours = 45. Additional hours at standard rate of $105.00 per hour. 39.25 5.75 5 3,500.00 105.00 3,500.00 525.00 Thank You For This Opportunity to Serve You! Total $4,025.00 s for the Month of May JUN 0 5 2018 .1 c l v'.Planning .& Management Services, Inc. ;1375 Jackson Street, Suite 206 Fort Myers, Floricla 239-334-3366 Serving Florida Local Governments Since 1988 BILL TO City of Okeechobee Attn: Patty Burnette 55 SE 3rd Avenue Okeechobee, FL 34974 Email: pburnette@cityofokeechobee.com Invoice DATE INVOICE # 6/4/2018 5695 P.O. NO. DUE DATE 6/4/2018 DESCRIPTION HOURS RATE AMOUNT Planning & Zoning Service Consultant and staff review and preparation of staff reports. Development Applications: 18 -001 -AC: JMK of Okeechobee, 315 -foot long, 15 -foot wide alley in Block 2 between NW 13th and 14th Streets vacation of 15 -foot alley Okeechobee County; new Public Works Facility; attend May 15th City Council. (1.5 hrs) 18-001-SSA/R: William H. Mason; Telephone discussion with City Clerk's offices; prepare Ordinance 1168; and attend May 15th City Council meeting for 1st reading. (6.5 hrs) 18 -001 -SE: Telephone calls with various Applicant representatives; review revised materials and provide guidance as to timing and content of needed materials and information; download and print revised Application submittal; arrange for traffic engineer to review materials and provide analysis and comments; inform Applicant's representatives of additional traffic -related information needed, including deadlines to allow the application to be heard by the BOAA at the May 17th Public Hearing. (25.25 hrs) In addition, see attached billing invoice from Susan E. O'Rourke, P.E., Inc. for review of the Checkers traffic analysis for internal and external circulation based on full access from SE 8th Avenue as included in the Application for Special Exception 18 -001 -SE, including attendance at the May 17th Board of Adjustment public hearing. 33.25 3,500.00 2,899.00 3,500.00 2,899.00 Thank You For This Opportunity to Serve You! Total Page 1 ' wl' IuI r Planning v & Management Services, Inc. :1375 Jackson Street, Suite 206 Fort Myers, Florida 239-334-3366 Serving Florida Local Governments Since 1988 BILL TO City of Okeechobee Attn: Patty Burnette 55 SE 3rd Avenue Okeechobee, FL 34974 Email: pburnette@cityofokeechobee.com Invoice DATE INVOICE # 6/4/2018 5695 P.O. NO. DUE DATE 6/4/2018 DESCRIPTION HOURS RATE AMOUNT General Planning: General phone calls and discussions with City Staff (1.50 hrs); prepare proposed LDR amendments for lot splits, joiners and seven other text amendments to the LDRs as modified per Planning Board input at its April meeting (12.50 hrs) and research into landscape regulations of other small, semi -rural Central Florida communities which may provide a basis for modifying the City's current landscape regulations as requested by Councilwoman Clark (7.00 hrs); review question concerning properties at 800 NW llth Street and 1100 NW 9th Av. and e-mail response to Patty Burnette (1.75 hrs). Monthly services per agreement of 40 hours = $3500.00. Total Hours = 56. Additional hours at standard rate of $105.00 per hour. 22.75 16 105.00 1,680.00 Thank You For This Opportunity to Serve You! Total $8,079.00 Page 2 Susan E. O'Rourke, P.E., Inc. Traffic Enginecding, Ti ansportation Planning 969SE Federal Highway, Suite 401 /402 Stuart, Florida 34994 Phone: 772-781-7918 E-mail: SEORourke@comcast.net BILL TO: Mr. Bill Brisson LA RUE PLANNING 1375 Jackson Street #206 Fort Myers, FL 33901 Email: Bill@larueplanning.com Tel: (239) 204-5283 PERCENT COMPLETED/ QTY 11.50 3.50 1.50 DESCRIPTION Principal Engineer: Meetin s/Teleconferences Project Transportation Analyst: Project Support: Invoice Number: Project Name: Invoice Date: Invoice Period: Terms: Contract: ININVOICE OR18041.0/1 CHECKERS May 23, 2018 April/May 2018 Upon Receipt HOURLY Services Provided: Attended project meeting for the Checkers Project, located in Okeechobee County, FL. UNIT PRICE $ 215.00 $ 91.00 $ 72.00 Hourly/ Expenses EARNED TO DATE $ 2,472.50 $ 318.50 $ 108.00 CONTRACT AMOUNT HOURLY $0.00 PREVIOUSLY BILLED $0.00 $0.00 BILLED THIS PERIOD $2,899.00 $0.00 TOTAL BILLED TO DATE $2,899.00 $0.00 AMOUNT REMAINING $0.00 $0.00 PREVIOUSLY EARNED SUBTOTAL AMOUNT EARNED THIS PERIOD $ 2,472.50 $ 318.50 108.00 2,899.00 Less: Retainer $ SUBTOTAL $ 2,899.00 Copies Delivery TOTAL DUE 2,899.00 Fees are due and payable upon receipt. All invoices past 30 days will be assessed a 1% per month penalty charge. Patty Burnette From: Gloria Pellito <gloria@larueplanning.com> Sent: Tuesday, June 05, 2018 12:02 PM To: Patty Burnette Subject: Invoice Attachments: Okeechobee Inv 5695.pdf Hi Patty, Attached is an invoice for May services. We have included the fees associated with the traffic analysis for Checkers and attached a copy of the billing invoice for your information. Let me know if you have any questions. Thanks, and have a great day. Gloria Pellito, Office Ma& ager La Rue planning 1 575 Jackson St #Z06, ort Myers, ! L 55901 Z59-5511--5566 gIoria@Iarueplannin ,.com 1 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: I -30- f s Petition No. ) s_ 00 i -s, 6 Fee Paid: eipt.O.No, tit.g8b Jurisdiction: boA 1St Hearing: 3_ 16_160,01m 2nd Hearing: (NA Publication Dates: W5 i 31i Notices Mailed: a/, , G, Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): Windham Carl Lee Jr. 2 Owner mailing address: P.O. Box 2743, Tallahassee, FL 32316 3 Name of applicant(s) if other than owner NYLV Investors LLC 4 Applicant mailing address: 2000 Palm Beach Lakes Blvd Suite 205, West Palm Beach, FL 33409 E-mail address: Lindsay.Libes@wginc.com (agent) 5 Name of contact person (state relationship): Lindsay Libes (agent) 6 7 Contact person daytime phone(s): Lindsay Libes PROPERTY INFORMATION 34974 Property address/directions to property: 100 SE 8th Ave, Okeechobee, FL 8 Describe current use of property: The property currently consist of two buildings that no longer provide the services of the prior uses of Retail (party supply store) & tax office. 9 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. Demolition of the two existing buildings for the addition of a 1,151 SF fast food restaurant with a drive through service (including 239 SF on outdoor dining space). Okeechobee Source of potable water: Utility Authority Method of sewage disposal: Septic Tank 10 Approx. acreage: 6 Is property in a platted subdivision? TL1r .2 creek&3 ManorLessRoad( PlatRMBook 3 Page 4) 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: There is not a use that is or was in violation of a city or county ordinance. 12 Is a pending sale of the property subject to this application being granted? Yes 13 Describe uses on adjoining property to the North: North: State Road 7ROW / Residential Mobile home park East: SE 8th Ave ROW/ Commercial plaza (River Run Resort) South: Single -Family Residential West: Taylor Creek 14 Existing zoning: Heavy Commercial Future Land Use classification: Commercial 15 Have there been any prior rezoning, property? (x )No ( )Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. 16 Request is for: () Rezone ( x ) Special Exception (_) Variance 17 Parcel Identification Number: 3-22-37-35-0260-00000-0010 (Rev 9/2017) Page 1 of 11 !Miyake oil 1-30-18 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. Signatture W9)25 Printed Name Lindsay Libes Date of-.o•I� For questionsLrelating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2of11 REQUIRED ATTACHMENTS 18 k. T x.1.4 i% ( L X ..i..... i i U/ i ; V I t. -(ill :. :f t/ )i i ,:-.: L. �,j.U.f' :- ti,,..- i 11A., i Applicant's statement of interest in property: r `•rA1 1-fr rO4 P' ,r%' ' ( i n.. ) 7 19 Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signatture W9)25 Printed Name Lindsay Libes Date of-.o•I� For questionsLrelating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2of11 Confirmation of Information Accuracy hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Lindsay Libes Date For questions elating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 11 REQUIRED ATTACHMENTS 18 Special Exception to permit a 1,151 square foot fast food restaurant Applicant's statement of interest in property: with a drive-through service (including the 239 SF of outdoor dining space) 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 6 When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Lindsay Libes Date For questions elating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 11 Project Name: Checker's Okeechobee Submittal Date: 01/31/2018 This form shall serve as consent for the agent identified below to prepare or have prepared and submit all documents for the following application(s) affecting property I have an ownership interest in: Special Exception Application to The City of Okeechobee I hereby give consent to Lindsay Libes in conjunction with WGIto act on my behalf, to submit or have submitted this application and all required material and documents, and to attend and represent me at all meetings and public hearings pertaining to the application(s) indicated above. Furthermore, I hereby give consent to the party designated above to agree to all terms and conditions which may arise as part of the approval of this application for the proposed use of: Checker's Fast Food Restaurant Contract Purchaser Information Alan Perlmutter NYLV Investors LLC 6655 W. Sahara, B200 Las Vegas, NV 89146 2000 Palm Beach Lakes Blvd. #205 West Palm Beach, FL. 33409 Notary Block JEANNE. MCCONNELL Notary PubCc - State of Nevada APPT. NO. 97-4735-1 My App. Expires May 23, 2018 State of rV z'icc Ack County of That fore joinustrurr�ent was ackno►vludged beful e me this -°--- day of Febrv.x-r. , 20 by \o,t' Ve,r\IM er h l.ltar%' t' t1t''Ie Herel Nolar f. PIJl li M 'ar-Irrtdissior; Expires; iAAt ) a0 1 s- tt1 WGL 2035 Vista Parkway, West Palm Beach, FL 33411 www.WGInc.com Patty Burnette City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 C:01 0 y p 5 POS' 4 CO 49 / 4 __ PITNEY BOWES $ 000.470 02 1P O.00 3.3 13 EB 00 2C 'RECEIVED FEB 2 MB Vit.. ti 1?':?i i?? : :iiipj li t::?i hp• ? i3 Ftlt�li is It? ??i Project Name: Checker's Okeechobee Submittal Date: 01/31/2018 This form shall serve as consent for the agent identified below to prepare or have prepared and submit all documents for the following application(s) affecting property I have an ownership interest in: Special Exception Application to The City of Okeechobee I hereby give consent to Lindsay Libes in conjunction with WGIto act on my behalf, to submit or have submitted this application and all required material and documents, and to attend and represent me at all meetings and public hearings pertaining to the application(s) indicated above. Furthermore, I hereby give consent to the party designated above to agree to all terms and conditions which may arise as part of the approval of this application for the proposed use of: Checker's Fast Food Restaurant Contract Purchaser Information Alan Perlmutter NYLV Investors LLC 6655 W. Sahara, B200 Las Vegas, NV 89146 2000 Palm Beach Lakes Blvd. #205 West Palm Beach, FL. 33409 Notary Block Jr ANNE MCCONNELL • tr Notary Pot%- Stat of Nevada .11 +;fi+- ,.11V,4:471""r APFT. NO. 97-4M-1 8; 4._ ':�v�''' My App. Expiros May 23.201$ State of i et1okld' County of C1610 ►z - The f:. eugt.:5trtj tnstrutrretil was eck.newled+gedi befutc:: me this _� S dau ;of FeNxt..u-r d.. 20 /?S by :\u.r- / NiotaryCtarine Here. Notary Public T+I.v Corrnris iorri Expires __..YN } v Lf \bier vvv_ Cvzs--k 8' Alan Perlmutter 1 LinkedIn Page 1 of 2 ® Sign in Alan Perlmutter Partner at NYLV Investors, LLC Las Vegas, Nevada Area Real Estate Currem NYLV Investors, LLC, Oasis Capital Management, Apollo Advisors LLC Previous Paramount Worldwide, American Nevada, Paragon Group/Lincoln Property Company Education Columbia Business School View Alan Perlmutter's fut. profile. It's free! lou-co=ea - r.. zs r Ire ate ,OO m 01 orae ofes o a' View Alan's Full Profile Summary RealCap Funding is a multi -disciplined real estate finance company, with expertise in private lending, servicing, mortgage brokerage and workouts. We create and maintain transparent, responsive relationships with all relevant constituencies...investors, borrowers and the communities within which we operate. 500+ connections Specialties: All aspects of finance, development and management for numerous asset classes, including retail, multi -family, office, medical office, condo and hospitality, with special emphasis on workouts, repurposing and refinancing projects, returning them to viability. Experience Partner NYLV Investors, LLC August 2013 -- Present (4 years 7 months, We are opportunity driven developers/investors that primarily develop, manage and build free- standing retail buildings, restaurants and shopping centers. Managing Director Oasis Capital Management September 2009 - Present (8 years 6 months) President Apollo Advisors LLC March 1999 - Present (19 years) Boutique real estate development, management and brokerage company. Sold multi-amily communities, developed flex office, medical office, retail and distribution facilities.Multi-disciplined real estate advisory and project management group. Experienced in development, management and workout strategies for a variety of asset classes including retail, office, multi -family and hospitality, COO Paramount Worldwide September 2005 - January 2008 (2 years 5 months) Luxury condo/hospitality development firm active in S. Florida and Las Vegas. Developments in the pipeline included, high rise luxury condos, gaming/hotels, office and retail. ® View this profile in another language People Also Viewed Travis Nelson �- Vice President, Commercial Sales Nevada Title Company Greg Korte President - Las Vegas Division at The Korte Company Robin Civish, CCIM Executive Vice President - Retail at ROI Commercial Real Estate Guy Gugino Business Development Officer at Wells Fargo John Ramous Senior Vice President, Regional Manager Matthew Lubawy, MAI, CVA, CMEA Valbridge Property Advisors I Las Vegas David Goldwater Nevada Lobbying and Public Affairs Jeffrey Silver Gaming, Licensing, Administrative Law, Land -Use and Arbitration Michael Newman Managing Director and Industrial Practice Leader, Southwest Region BOBBY G Gronauer President and CEO of Bobby G and Associates, LLC Public profile badge Include this Linkedln profile on other websites View profile Badges, Find a different Alan Perlmutter First Name Last Name Example: Alan Perlmutter Alan Perlmutter Director, Global Customer Intelligence and Analytics United States Alan Perlmutter LVI Director of Quality Programs at LION United States Alan Perlmutter General Partner at Big Sur River Inn United States Alan Perlmutter Radiation Oncologist at Horizon Medical Services United States Alan Perlmutter United States Join now https://www.linkedin.com/in/alan-perlmutter-2843937 2/1/2018 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: To permit a 1,151 square foot the use of a fast food restaurant with a drive through service(including 239 SF of outdoor dining space) -f. See • Ro-aib3(1) Drive- thrmucghtSe'riol Le_. B Are there similar uses in the area? No ( X ) Yes If yes, briefly describe them: Approximately 490 feet West of subject site is a fast food restaurant with a drive-through service (Burger King). C If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: The proposed fast food restaurant with a drive-through will provide convenient food services during the hours of operation of 10am to 4am (Monday-Sunday). The number of employees range from 3-7 employees during a single shift. The designated 239 SF outdoor seating area will accommodate any activities conducted outside the building. D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass-bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] Applicants are required by Sec. 70-373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. A justification statement has been provided to demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. A justification statement demonstrates how the site and proposed building have been designed to be compatible with the adjacent uses. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. A justification statement has been provided to demonstrate the landscaping techniques that will be used to screen the use of adjacent uses. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. A justification statement has been provide to demonstrate the procedures to mitigate any adverse impacts. . 5. Demonstrate how the utilities and other service requirements of the use can be met. A justification statement has been provided to demonstrate the utilities and other services will be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. A justification statement and traffic impact study has been provided to demonstrate the traffic generation on and off the site. (Rev 9/2017) Page 8 of 11 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. Please see the provided justification statement. 2. The use is specifically authorized as a special exception use in the zoning district. Please see the provided justification statement. 3. The use will not have an adverse effect on the public interest. Please see the provided justification statement. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Please see the provided justification statement. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Please see the provided justification statement. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Please see the provided justification statement. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Please see the provided justification statement. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Please see the provided justification statement. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70-348(4)] (Rev 9/2017) Page 9 of 11 WGI.. JUSTIFICATION STATEMENT Special Exception Checkers- City of Okeechobee Initial Submittal: January 30, 2018 REQUEST On behalf of the Applicant, WGI is requesting approval of the following: 1) Special Exception to permit a 1,151 square foot fast food restaurant with a drive-through service (including 239 SF of outdoor dining space). SITE CHARACTERISTICS The subject site consist of approximately 0.6 acres and located at the Southwest corner of SE 8th Ave and State Road 70, within the City of Okeechobee. The site is currently developed with two previously approved commercial buildings that no longer provide services at these locations. The site retains a Future Land Use (FLU) designation of Commercial and a Zoning District of Heavy Commercial (CHV). The property is identified by the following Parcel Identification Number: 3-22-37-35-0260-00000-0010. 2035 Vista Parkway, West Palm Beach, FL 33411 t: 561.687.2220 f: 561.687.1110 wwv wantmangroup DEVELOPMENT HISTORY There are two existing building on the property: the first building was built in the year 1979 (681 base SF) and the second building was built in the year 1982 (850 base SF). The subject site was purchased by Carl Lee Windham Jr. on December 1, 1980. The Warranty Deed can be found in ORB 238 Page 1825. SURROUNDING PROPERTIES The site is surrounded by varying uses with similar Zoning Districts and FLU designations, and thus, are found to be compatible with the proposed commercial use on the subject site. The following summarizes the nature of the surrounding properties adjacent to the subject site: NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. EAST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Furniture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. WEST: Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. DEVELOPMENT PROPOSAL The current development proposal for the site is as follow: Checkers Restaurant A 912 SF Checkers fast food restaurant with a single drive-through service lane and 239 SF of outdoor dining area (totaling 1,151 SF) proposed at the Southwest corner of State Road 70 and SE 8th Ave. The single drive-through service lane is 10 feet wide and directs vehicles towards the point of service located at the northeast side of the building. The drive through lane situates along the southern and eastern portions of the building where the proposed 11 foot wide bypass lane runs parallel and allows vehicles to exit towards the eastern exit. Outdoor Dining Area The Outdoor dining area is located towards the northwest portion of the site and provides 3 tables seating 4 individuals each, accommodating a total of 12 individuals. Access There are a total of two (2) proposed 24 feet wide access points from State Road 70 and SE 8th Ave. Both access points are derived from existing curb cuts that will be provide ingress and egress options. Parking Pursuant to Section 90-512 of the City of Okeechobee's Land Development Code, fast food restaurants require 1 space per every 75 square feet of gross floor per. The Checkers Restaurant location does not provide indoor facilities; therefore, the parking requirements are based off the 239 SF outdoor dining area. That calculation equals 3 required standard spaces, one of which is required to be ADA accessible (239/ 75=3). The proposed design provides a 12 standard parking spaces, of which 1 is ADA accessible. Justification Statement Checkers — City of Okeechobee January 30, 2018 Page2 This provides sufficient parking for both the public and employees that visit the site, thus accommodating a total of 12 parking spaces and meeting regulation. Loading Space Pursuant to Section 90-511 of the City of Okeechobee's Land Development Code, the required loading space shall be a minimum 14 feet wide and 30 feet long. The proposed site provides one 55 feet long and 14 feet wide loading zone, thus satisfying the loading space size requirement. Dumpster Location The proposed dumpster is located southwest of the site and will be only used by the proposed restaurant. Landscape Buffers The proposed development provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line. SPECIAL EXCEPTION STANDARDS This proposal meets the following requirements set forth in Sections 70-373(b) and 70-373(c) of the City of Okeechobee Land Development Regulations for Special Exception Approval: SECTION 70-373(B) 1. Demonstrate that the proposed location and site are appropriate for the use. The site is located at the southwest corner of State Road 70 and SE 8th Ave and retains a FLU designation of Commercial and Zoning District of Heavy Commercial. The proposed restaurant use is permitted consistent with the Section 90-283 of the City of Okeechobee's Land Development Regulations. Pursuit to Section 90-283, a drive-through service is permitted in the CHV district after the issuance of a special exception use petition. The subject site is appropriate for the proposed Checkers fast food restaurant with a drive-through service as similar operations are adjacent to the subject site. The following is a summary of the uses surrounding the site: NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. EAST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Furniture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. WEST: Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. Justification Statement Checkers — City of Okeechobee January 30, 2018 Page I3 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and neighborhood, or explain why no specific design efforts are needed. The proposed development of a fast food restaurant with a drive-through service lane, known as Checkers Restaurant, is compatible and consistent with the existing FLU designation of Commercial and Zoning District Heavy Commercial. The land uses immediately surrounding the site are consistent with the proposed use as they are commercial in nature, with similar or greater intensities. The proposed 1,151 SF Checkers Restaurant with a drive-through service (including 239 SF of outdoor dining) is located provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. It is the intent of the applicant to propose a design that is compatible with the existing commercial developments within the area, while maintaining the prototype appearance of the Checkers brand. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screen is necessary. The proposed 1,151 SF Checkers Restaurant with a drive-through service (including 239 SF of outdoor dining) provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. There are two points of access from State Road 70 and SE 8TH Ave that provide both ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the two exits. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. Additionally, the proposed development provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 81h Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. 5. Demonstrate how the utilities and other service requirements of the use can be met. There is an existing 12" water main in NE Park Street and a 6" water main in SE 8th Avenue. The existing site is serviced from a water line with a 3/4" water meter from the 6" water main in SE 8th Avenue. The proposed development will continue to utilize the existing service to serve the proposed building. There is an existing 8" force main in NE Park Street and a 6" force main in SE 8th Avenue which comes from an existing lift station approximately 500 feet to the south of the site. Per discussion with Okeechobee Utility Authority, the proposed development would include the construction of gravity sewer from the site through the SE 8th Avenue right of way to tie into an existing manhole approximately 350 feet to the south which feeds into the nearby existing lift station. There is an existing overhead power pole on the east side of the property that serves the existing buildings. This power pole could serve the proposed building. The survey located a buried AT&T line in the SE 8th Avenue right of way on the west side of the road which could serve the proposed building if needed. Justification Statement Checkers — City of Okeechobee January 30, 2018 Page I4 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. There are two points of access from State Road 70 and SE 8TH Ave that provide both ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the two exits. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. SECTION 70-373(C) 1. The use is not contrary to the Comprehensive Plan requirements. The proposed 1,151 SF Checkers Restaurant with a drive-through service (including 239 SF of outdoor dining) is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including the standards for building and structural intensity and density, and intensity of use. The current FLU designation for the subject property is Commercial with a CHV Zoning designation. These are consistent and compatible future land use and zoning designations. 2. The use is specifically authorized as a special exception use in the zoning district. Pursuit to Section 90-283, a drive-through service is permitted in the CHV district after the issuance of a special exception use petition. The proposed development request is located within the CHV district and proposes a Checkers Restaurant with a drive-through service. Thus, the special exception use request is required for the proposed site. 3. The use will not have an adverse effect on the public interest. The proposed Checkers Restaurant with a drive-through service will not have any adverse effects on the public interest. The Checkers franchise operates as a national chain and will provide precise food services to all participating customers of the City of Okeechobee. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The subject site is suited for the proposed Checkers restaurant with a drive-through service as the Checkers restaurant will replace the existing two both buildings that no longer provide service. The site is located at the southwest corner of State Road 70 and SE 8th Ave and retains a FLU designation of Commercial and Zoning District of Heavy Commercial. The proposed restaurant use is permitted consistent with the Section 90-283 of the City of Okeechobee's Land Development Regulations. The Checkers restaurant will not be detrimental to urbanizing land use patterns as similar operations are adjacent to the subject site. The following is a summary of the uses surrounding the site: NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. EAST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Furniture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. Justification Statement Checkers — City of Okeechobee January 30, 2018 PageI5 WEST: Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The proposed Checkers Restaurant will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Land uses immediately surrounding the site are consistent with the proposed use as they are commercial in natural, with similar or greater intensities. The proposed Checkers is compatible and consistent with the existing FLU designation of Commercial and Zoning District Heavy Commercial. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. The proposed commercial development of the Checkers Restaurant provides the required 2 feet buffer which will minimize adverse effects, including visual impact and intensity of the proposed use on the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. It is the intent of the applicant to propose a design that is compatible with the existing commercial developments within the area, while maintaining the prototype appearance of the Checkers brand. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The proposed Checkers Restaurant will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The proposed Checkers operates a quick food service that will not sustain density for long periods of time. The site retains a FLU designation of commercial and a Zoning district of Heavy Commercial. Therefore, proposed use of a restaurant is permitted and is compatible with the surrounding commercial developments. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed Checkers operates a quick food service that will not sustain density for long periods of time. There are two points of access from State Road 70 and SE 8TH Ave that provide both ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the two exits. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. Therefore, will not create traffic congestion, flooding or draining problems, or affect public safety. Based on the above justification and attached information, the petitioner respectfully requests Special Exception approval. Justification Statement Checkers — City of Okeechobee January 30, 2018 Page6 weaaamn ono This 'Warranty decd 't...,,• the 13tt: EDNA WARD, a single woman, la•mtnnll.•r ; nll..i .1... •nolor 10 r,,.,, pnlltl„ 0,6h... ,. 1.•.e.•„0dr.•r . on,/ drr, .emit.•,• • w..r..,..r ...." wr H TO. M- 4 w 4 b.r. [.tee..l, r...«..,.,, awe 11.1 01 April .1 D. to 64 by 80 °,., 875 J. H. WARD, a single man,. Okeechobee, Florida wltncssi til: 11.01'1110 n000.n0 10. 0011. 01.001 1 .1,.•e40, 54 ' 1 ,.. 1:00 tort other rtlnnl.l.• rnnr�rl.•rnl ,.•..qq 0.11 I r. f0•r.•Ir n. Ina.lr,6trd 1 b, ar.m1., /amnio.. arts. ahrns..ry 040.•5. mlr..4t$ roseate 1 Ianhrm, ani, 111, rtrnnn•, nn 1sn1 tort •., land n lnnlr •Okeechobee C' Iv. hdonda..•tc Lots ;, 2,,and 3 of TAYLOR CREEK VANOR, a sub- division adaording to plat thereof recorded in Piet Book 3, page h.' public records of Okeechobee Countyr:lorida, together with any and all parcels. owned oy said grantor and lying East of Taylor Creek and West of%Wilcox Road as now located. This deed is given aubject, however, to govern-, ment right of way of Taylor Creet, being a part of Government Lot 3, $ectlor. 22, Township 37 South, Range 35.Eaat. •Togcthrr- n,H14 ail the tenrmrnt... leredilnmrnls and npinnlrnanrra /lerrlo (reforming or in any 441.5 upper:Wriing TO Baum and to Hold, , I,<r .amr 1r, ler „mnie j,.rever. STnLL ,i. grunt', herds, snt orad. u.117 mid nrnntrr Ilwt liar grmdor is lao•foldy ari:rd of mid land in fro atmplr..Ihut I(e grantor 14054 good rinbt and (nu•fa1 notI.nrily to aril and convey sand and; that the wawa, herein: fatly as, li the gide In ani,( 1nnd and Will drfrn,l 1(54. Some against the dotofuj claims of all prnmts u4mm.orerr: and Ilmf saki hand to free of aft rarumsrancr54. except taxa orerglnp subsequent In f),r rmser TI, le 63.' In Witness Whereof, Ise soil grantor first 54104.5 rrrillro Sllpud. ornlrtl and .rdi,•rrrvd to our presence: 9r t7iycr.. 4/�GVLct-C+�. . ".311:1". FLORIDA FLORIDA 1111 NIY Iw- OKEECHOBEE 1 . 1 IIF:ar.ay 1:i R 1 ON that nn .M. day; I,t..m mr. an ollirrt duly anthwvrd m 4). Staffe a1..rr.ai,I and m rhe Is.nnty aforrpid In Iakr .4 knnr.trdem,m., i.rr.nnally apprafn1 I : 1nD11d.'(4nD, araingle woman, :lar slgnrd and /pled their presents the day and Year tar (sawn, nC h¢ 1hr porton . drrnhr•d in ifon!..on indruntltd"oed afla arknowkderd i•aegd'd ihr_sanli•; r K t;M#Sti my hand and official `J•1) • •., �StNlly las alarria,d ."•......: ,.i0v jpri 1 • and who ronul.d rh. Arturo ser that 'she 'rat in the County and 3th' day of A. D. 1964. �..w my c mi , ate a. Flaw 8.1.908 my ComTTus.�on Csp.In Maren 9. 19Gy g*d Id BY Atneacan Stlt.l11 Ca. 01 N. L • r INDEXED & VERIFIED DIRECT INDIRECT 80 x,876 y 4.7.1 i fl 1iiv$.!L P :•" dANgELLED A ), ELLED A + if• • • ... - h, WK BEE• T ..... TV 0000 moods To isms., lids Warranty Deed Ma. ihe 22nd day of March ePrIV""Wo.4 B01 • 110 PIrCE A. D. 19 731,, J. H. WARD, a 'single man, hereinafter rolled the grantor. to NORA D. ABNEY and BENJAMIN. P. ABNEY, SR., as joint tenants with • right of aurvivorahip, whose postoffice address is P. 0. Box 685, Okeechobee, Plorida 33472 .hereinefter called the nronlee; 41V Irene, sod Astrid she Mows "woody. sad ..srsaled“ istiode Ihe oolies so this iesenearot ossi Ow Ire, Irse oe studos .1 Sod...kW, sod Ow sod rig. dd •••••,...isos) 1,01h1E1fth: That the grantor. for and in consideration' 4 die awn 4's 10.00 and other undisable considerations, receipt whereof is hereby aclnowlerlard, ;aerobe Ontni.. &nein+. sell.. -diens, ft - mins. relenz.s. conveys and confeints unto prunity. al1 find curtain land Miaow in Okeechobee Cow*. Florida, S-4e0A.9 ST- 3-3°.° Lots and 3 ecorded in of Okeechobee Count . SUBjE R CREEK MANOR, according to plat t Book 3, -page 4, public records lorida. trictio rvationa and Easements of record. SUBJECT to Righ Creek. Together mlat a 16 wt.* appwtoining. To lime and tO 1144. the mania choreic, Imilenging or In sing- ilnd the arunior howl* covenants loll In for simple; that grantor has good rids fausfis grantor hereby fully warrant. the title to sok/ land and tol all persons uthomataerter: arid that said Lux, is free pl e to December 31, 19 -lawfully salmi 4 Ica land convoy said land: dim! die diat lawful clabns of accruing subsequent 087923 CISEEP.. • • 191311P 1111 8: 37 in Witness Whereof, dar gulf, grantor him sinned fiat elbows written. ' Signed. sealed and &dunned In our presences 411... prosonla die day and year STATE or • RID couNry OF OKEECHOBEE 1 HEREBY CERTIFY that on title day, before me: an officer duly autluirised in the State eh:qv-said end in the County aforesaid io take aclomeriedgensitts, personally appeared a: WARD, a single Man, • .• _Go LIACI /ILO,/ POO fiCOODIell 144 LliNi rTATE OF w, 7AP" T.1)(1 6 0. 0.0 =Ifoi wine id101;fi• 10 be the person described in and who executed the ftle:eraiag _ioste'ument and he acknowledged before me that he eneem,ed the oarne, , 1..% 'WITNESS my hand and officia/ teal is the County end St;rolast aforesaid this 22nd . d•V A. D. 19 wo ' — March A. y.)• : (.......,7-.\,.:7-7,-..-. CIDCUMENTARY S.. WI IAY.... ...... ;7',:=..::.-ji FLORIOA -'-... Irji• 1 Oil •rp „. ... •11111"0 I I:611 IE 2 2.0 0.1:"., ,.. ana4. to of Bari& 11 lar“ • - . ' • .....,.... . : .... .1 g , • Thu hutrunient prtrarn/ h• • My Csocesee Eipims /Audi I, 19/4 • • Ai/elms TOM W. CONELY ill •-• Meet, ieweio.e 0..17 fa ..4 •. Bix 146 pgE527 • • 207 W. 2nd Street . • • - ' Qinfkkh fizida MU — --,-.--- . . ' . . • . . I Book 146 Page 528 Was Missing F• ,• r,.r • ' -pa�'RtTrKrCse - - heoAct 4•00 5.5. WARRANTY DEED o.n.o. TO mown, Ei:R• 238 P.ScE1825 RAMCO FORM C1 This Warranty Decd .Mode fir '18th day of December A. l). 1980 1, NORA D. ABNEY and BENJAMIN P. ABNEY, SR. hereinafter card lir g for. U, 1i, n EE t1 itr udlldi r�i•s ,lus is 100 S.E. 8th Avenue, Okeechobee, Fla. 33472 hrn•tnuffrr rolled tie fnnrllrr: Witnesseth: Thal Ilse !nation. for 1 in rnnsldrrution of the sans of S 10.00 and other rulaahle eomideratiorrs, n•cripl a.hrrrnf If hereby arkno,rlrrl,trd, hereby OMNI.. bargains, sells. aliens, re• mise.. nehmen., ranreys and confirms unto the grantee, till Ilml rennin land .5'ttnlr In Okeechobee County, Florida, MI.. Lot 1 and the N 1/2 of Lot 2, TAYLOR CREEK MANOR, a subdivision according to the plat thereof recorded in Plat Book 3, Page 4 of the public records of Okeechobee County, Florida, in Section' 22, Township 37 South, Range 35 East. LESS AND EXCEPT right-of- way for State Road 70, and LESS AND EXCEPT land described in Official Records Book 217, Page 175 of the public records of Okeechobee County, Florida. SUBJECT TO Taylor Creek Right -of -Way. SUBJECT TO restrictions, reservations and easements of record, if any. Together u•ult all the tenements. Iereditnntents and appurtenances thereto belonging or In any- wise appertaining. To lime and toMold, de same in fee simple forever. End Ihr grantor hereby roernanls •with said in fre duple: fiat the grantor has good right and grantor hrrulsy fully warrants the Iltle to said land all persons whomsoever; and ihnl said land 1s free to December 71. 10 79, granter that the grantor 1, lawfully seized of said land lawful authority to sell and roneey said land: that lite and will defend the same against the lawful claims of of all encumbrances, except taxes accruing subsequent 4_?i., ;• r ; Fli.s. rn%{�lI•''. . 1.6•dira 2 1 fi. 0:1 In Witness Whereof, Ihtr said flrmilur has signed and scaled these presents the daj; and year firsi above written. Signed, s .lad and dellp'rrr,l in our presence: S'I A I a til' FLORIDA (:ouNTY. (lr cEEE IIOBEE ora D. Attney 1 55 IK IIIY CF.R'I'I1Y that on this d.T, helot,. me, an ol(irrr duh •uthotited In the S.I.Idutruid tend in ehr (..nt, dorrtaid to tale --. srknuwirdiw.ntt, prnanAlfit , .voted NORA D. ABNEY and BENJAMIN P. ABNEY, SR. .,w,nr IMtwn to he 151.•p.5..nt 0 AtmAtmtd.rd in un1 rhe 11.11 the . .•(ottlso:ny; muun.enl Anti each A. knurlydard heftar ,tie IhAI they .Trrulr%Ott M.ne { /. (! N't7�tt'.�r. n, 'hand .nd MI. setil thr (:ou.ot And l.tr'Iael sten-taut this 18th d.. •t (NOTARY_ December ./ 1 , }Notary^ Pubr F�'��s'�� Florida "�r11ui t/jtil.nirril}�YerFil n xplrsnRi Mk. State of Fla -11 tl err: TOM .. COSILY. 11 1 My Coeuenttoe f r;.rn ' '5 I. t , .ti -in" 207 NW 2nd Street Okeechobee. Fla. 73472 Cal MCI sit toe Elco •� E 2 r, - 238 .. 1825 --J 0) G1'1 ;.v LEGAL DESCRIPTION: Lots 1, 2 and 3, TAYLOR CREEK MANOR, a subdivision according to the plat thereof recorded in Plat Book 3, Page 4, of the public records of Okeechobee County, Florida, LESS and EXCEPT right of way for State Road 70, and land described in Official Records Book 217, Page 175 of the public records of Okeechobee County, Florida. WARRANTY OCTO 114OIYID. TO 11100110 This Warranty Dtrd ,;r,111,• the :14. F fl°% 248 �., .88 n.NCO YOR1.1 01 tiny of DECEMBER rt. n, iuBl by NORA D. ABNEY and BENJAMIN P. ABNEY, SR., Wife and Husband l,rretnnfler rn11111l the grantor. in C. LEE WINDHAM 11•hasr pnsrnffae address is 100 Southeast 8th Avenue, Okeechobee, Fla. 33472 hereinafter rolled the grower.: 1Hh wd L..nn d4 bum. ...n•." ..d ". nr.r' .haL .11 1hr Pn ri.• In d4T in•�mmrrr .1.1 Ihr hr:. • ]...1 I.,•r..r..l.e,... .,.t Y•..�.m...t �n.I,,.Ju.I.. •nit rhe •u.. n..... .n,l ..,.n. ..t ..., p,.r.nu..t Witnesseth: nut the ;pnrslur. for and In consideration Dl the sum fit $ 10.00 and ,flat rnlunhlr considrrrdton,. receipt whereof Is hrrely n1'61144404. lrerelry {,rant.. bn{ryrains. selh, alitns, re. mists• releases. enneeys and confirms endo the grandee. all that retrain land .Itu•,le 1n Okeechobee County. Plnri.ln, Lot 3 and South one-half iS 1/2) of Lot 2, .TAYLOR CREEK' MANOR, according to•the• plat thereof recorded in Plat Book 3, Page 4 of the Public Records of Okeechobee County, Florida. SUBJECT TO restrictions, reservations and easements of record, if any. • s_n • -w n 1 a S AT CI-i=L..ORIOAI " DOCUMENTARY STAMP TAXI •T' rr%rf.ur li>:YcnliE t'r` FR DIC3731 .P.-:1 2 6 t. 0 0.1 u iii. all the tenements, hereditaments and appurtenances thereto belonging or in any T09rther u�br appertaining. . To .Iltwe and to Hlotd,the sacro in fee' forever. • • End the grantor hereby covenants with said gran ee he grantor is lawfully seized of said land in fee. simple; that the grantor hoe coati child and lawful authority to, sell and "ranee, said land: that the As, grantor hereby fully warrants the tide to said land and will doleful . same against the •lawful claims of all prisons whomsoever; and that said land G free of all encumbrances. rural lazes accruing subsequm( to l)ecembrr 31, 19 80. _ In .tfitness Ulherfcf,the sold grantor has signed and meal.•. ihns presrnh the day and year fi.al above written. Signed. sealed and delivered in our presence,: • STATEOE 'FLORIDA COUNTY In' HIGHLANDS l �! al real '�s 1, aw • OI' ,,jr •1 HEREBY CERTIFY that un shit da,, twiner n.•, s. alba, .I.1, suttor,sed in Thr b lar .(ws•uJ sod in eh* (sn.nIt .iwe..i.1 to tat* .ttno.k4 nenens. prounally 44n..bud NORA D. ABNEY and BENJAMIN P. ABNEY, SR., Wife .and Husband . • $..'stul tns.ts to ew sLe u.'..S. de1.0.0.1 an and who r...wt.d ,Lr tc tlo rl ie,yt10401 sad each ••l.r »kJard 1•.l.wr en, el..e they ve.,erd ei,r,tl,trr • -• •'tA1INESS ,rl, 1,.141 .r41 nHn..l . al in 1h, t+.unlr sod t, i�✓ '`� d . b•a1. 614 AWE NO Zhu •'•l- d., .d (I'ftnCARY SEAL).' UECEMRRER • 1—Te 1' k3 t . Vett e• .K t vet- r- , -s • .-i 1lll t .' 1(t\,ih(i l)'-' a of r u t c • -� • aktp ss on Expi rep int. ln,hur,urtl hoar .1I'V' nYurt Ir_lt, Sa.sr at Marisa sF toll N T[ 1 W. !Jr11 MF (,ar41184 ItOru Serttat9 fsr 2S. N •1/./no 207 lid 21x7 Strc t• r akeechabse, Florida 33472 ' :AG i; 663 BA 365 vim 69.E IN THE NINETEENTH JUDICIAL CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA IN RE: THE ESTATE OF CARL LEE WINDHAM, SR. Deceased. PROBATE DIVISION CASE NO. 94 -076 -CP NOTICE OF SURRENDER OF POSSESSION TO WHOM IT MAY CONCERN: Please take notice that possession to certain real property described as follows: Lots 1, 2, and 3, Taylor Creek Manor, according to the plat thereof recorded In Plat Book 3, page 4, of the Public Records of Okeechobee County, Florida has been surrendered to the person presumptively entitled thereto, that being CARL LEE WINDHAM, JR., whose mailing address Is P.O. Box 2743, Tallahassee, FL 32318, as permitted and provided by Section 733.607, Florida Statutes. The effective date of such surrender of possession Is February 28, 1995. CARL LEE WINDHAM, JR. as Personal Representative STATE OF FLORIDA COUNTY OF LEON ..,�,,00aaf� The foregoing Instrument was acknowledged before me this Ze ay of March, 1995, by CARL LEE WINDHAM, as Personal Representative of the Estate of Carl Lee Windham, Sr., who Is personally known by me or who has pro- City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): Windham Carl Lee Jr. Mailing Address: P.O. Box 2743, Tallahassee, FL 32316 Home Telephone: Work: Cell: Property Address: 100 SE 8th Ave, Okeechobee, FL 34974 Parcel ID Number: 3-22-37-35-0260-00000-0010 Name of Applicant: NYLV Investors LLC Home Telephone: Work: Cell: 561-537-4542 (agent) The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be placed upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED DAY OF January 20�1�8./� HAVE SET THEIR HAND AND SEALS THIS 24th X t - _� w C 7( {_, !/V ' OWNER i''�7 Carl Lee Windham, Jr Sheryl Zavion OWNER Before me the undersigned authority personally acknowledged before me that they are the owner(s) power of attorney for the purpose stated therein. Nota Public: Notary I I lv WITNESS appeared the owner(s) named above who upon being duly sworn of the real property described above and that they executed the Sworn and subscribed this() y day of ----c-4-0-4^ I' 2018. \\\10111111) /�/ J f SEAL �: .• 1SSIp .. 'To d `,p..*SS ;STN 4,C&2, • Commission Expires: —3 — 101 „ _o �,ember32�A�•� (Rev 9/2017) * • TSTS20 ; #FF 927306 ; Q 9• o ••TBonded ih° e:•2,'' /s//��// 11111111 ot,��e Page 5 of 11 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): Windham Carl Lee Jr. Mailing Address: P.O. Box 2743, Tallahassee, FL 32316 Home Telephone: Work: Cell: Property Address: 100 SE 8th Ave, Okeechobee, FL 34974 Parcel ID Number: 3-22-37-35-0260-00000-0010 Name of Applicant: NYLV Investors LLC Home Telephone: Work: Cel1:561-537-4542 (agent) The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be placed upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS 24th DAY OF January 2013. / OWNER/Pi /•, Carl Lee Windham, Jr Sheryl Zavion OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this LI day of " I'M 201S. \\��111111111111ryp��,� y 1 �. . sTgFFo Notal Public:A 1 i SEAL �� x'• ..* S om..v0 Commission Expires: — 3 —1 Gj _ .a em 320 9�, (Rev 9/2017) =,k.. o #FF 927306 ; Q 9 ' T eonded the as ' 2 �� N.In i11111‘. l 1!1110,5\N\ Page 5 of 11 Baa 7 20' 40' GRAPHIC SCALEF, 1"=20' BASFL00FLO0 E ! CONCRETE o STATE ROAD 70 CONCRETE aM • N89. 49'17"E -Sryryn 589_54,9"Wr411.76.101 / I• 66 e' M1d d'1 M1 6 M1M1 M1M1 + I u1 Pi 14:1 IN IE' is 4. ®M1M1. �9 1111g4/0 808 2F-WAYI 16-7x1;:n lORB 21],PG ']S.OCR1 MEM,!. M1M19 M1° N89.49.17"E 130.41' 5.CONCRETE 5wK M1! ,112 11. ` a'`aaam'r"aa--- '41x8 M1 ,! Iii ASPHALT ANNE ENT a00� ) Aa 891.19.44' 94V-14.87 O11E4'516 V -1 K ELE6.2' APP' • X LOCATION OF ELIPOATED d IWO DOCK I,- L- PARCEL • 3-22-37-35-0260-00000-0010 2 FLOOD ZONE X w+M1 sing, PMCEL • 3-22-37-35-0260-00000-0040 OWER'0090.0 MYERS 10ECEASE01 45T0RY FF E41.84 60 ' RI 5/x8 NC (0 20.1.) FOUN09 /' P SET N/D LB 7264 50E BM ELEV-19.92' �- 18Y7264 SITE 1311 ELEV-20.72' !FOUND 1600 N/0 - FN/•CORD SEC Z2-3]-35 clj LEGAL DESCRIPTION Lots 1, 2 and 3, TAYLOR CREEK MANOR, a subdivision according to the plat County, recorded lo da. LESS and EXPlot CEPT o9ght of wayefor Slaubic te Rood 70. an0 i(3aee described in OfficiolRacords Book 217. Page 175 of the pubic records of Okeechobee County, Florida. NOTES I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. TITLE INFORMATION I5 SHOWN ON TH(5 PAGE. 3. BEARINGS COORDINATE HSYSTEM. BASEDovai HEREON EONAOBSERVATIONSED ON THE STOF PLANEATE NG5MONUNENT5 V-528 AND 0-22. 4. ELEVATIONS SHOWN HEREON ARE BASED ON NGS L-',CHVARK 0-520 HAVING AN ELEVATION OF 25.13' NAVD 1988. 5. UTILITIES SHOWN ON THIS SURVEY A5 PER TABLE A. ITEM 11 ARE FROM OBSERVED EVIDENCE ONLY. 6. THE SURVEYED PROPERTY CONTAINS 8 REGULAR PARKING SPACES AND 1 HANDICAP SPACE. 7. PROPERTY ADDRESS IS. 100 5E 8TH AVENUE. OKEECHOBEE. FLORIDA 34974. 8. PROPERTY CONAINS 27981 SQUARE FEET 10.642 ACRE51 MORE OR LESS. 9. EEHGOVERNMENT FNCREEK. AS THE PLATOFAOR CREEK MANOR IS NOT TITLE INFORMATION TITLE COMMITMENT • FL72216-1713764 EFFECTIVBY E DATE.ANT NOVEMBER 7, 2ONAL TITLE 6.008681 COMPANY BOOK, PAGE DESCRIPTION APPLIES7PLOTTE07 B PB 3 PG 4 PLAT YES YES 9 ORB 246 PG 897 UTILITY EASEMENT YES YES FLOOD INFORMATION COMAINITY NUMBER 120170 PANEL NUMBER 4 12093604800 DATE OF FIRM 07-16-2015 ZONE X. AE BASE FL000 ELEV 4 16.2' LEGEND ® STORM MANHOLE © CONC. UTILITY POLE 61:. W000 UTILITY POLE 83 ELECTRIC 900080LE ® WATER METER 0o WATER VALVE FORE HYDRANT i LIGHT POLE VI BACK FLOW PREVENTOR ® CATCH BASIN ® SANITARY MANHOLE 9. SIGN Q TRAFFIC SIGNAL BOX FPL MANHOLE -e.--- OVERHEAD UTLITY LINE -•--•--�- FENCE C----- ANCHOR ABBREVIATIONS ARCLENG ASPH ASPHALTTM (CI CALCULATED CBG CURB AND GUTTER CB CATCH BASIN G.L.F. CHAIN LINK FENCE CONC. CONCRETE COP. CORNER D DELTA (CENTRAL ANGLE) ID) DEED D.E. DRAINAGE EASEMENT (.8. IRON ROD I.R.C. IRON R00 AND CAP L.B. LICENSED BUSINESS L.S. LICENSED SURVEYOR (M) MEASURED MONNT 8/0 NAILA ANO DISK D B. OOFFFFICIAL RECORDS BOOK (P) PLAT P.B. PLAT BOOK O.C.R. OKEECHOBEE COUNTY RECORDS PG. PAGE P.S.M. PROFESSIONAL SURVEYOR 8 MAPPER REINFORCED CONCRETE PIPE R/14 RIGHT-OF-WAY U.E. UTILITY EASEMENT SURVEYOR'S CERTIFICATION TO. NYLV INVESTORS. LLC BASEDS S TO WERE WERE MADE)FY THAT IN ACCORDANCE WITHIS MAP RTHEA20(60THE SURVEY ON MINIMU8 STANDARD DCH IT IS ETAIL 8000(81MENT5 FOR ALTA/N5PS LAND TITLE SURVEYS. JOINTLY ESTABLISHED AND! AD.OPTEDANDI 83 AOF LTABLETA ANDA4515.THER64 (80160E5 ITEMS 1.2.3.4.76.8.9.11. 13.THE FIELD WORK WAS COMPLETED ON DECEMBER 19. 2017. JEFF 5. HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. L55111 947 CinlMOare Road SURVEYING & MAPPING Bata Raton.Fbdda,33487 Cedif to 01621104482140 40.187264 Tel: (561) 241-9988 Fax (5 01) 241-5182 CHECKERS OKEECHOBEE ALTAINSPS LAND TITLE SURVEY N0. DATE BY CK'D REVISIONS- FB/PG SEAL JOB N0. SCALE DRAWN CHECKED 17186 1"•20 JSH TP SHEET 1 OF 1 ,y� 22� 9 -L s yTt9 V .S4 ) 4(�' V✓ 7• �yyyQ/. ' !1 rN!I 7 d9 So(x 1") .-obb -Mg -qui �117 »o srvi`" a'a3 ww.miny j h+P QJ gLinourQ-A-rn,9 -4(15 PARCEL NUMBER 3-22-37-35-0260-00000-0080 3-22-37-35-0260-00000-0060 3-21-37-35-0020-02520-00A1 3-22-37-35-0260-00000-0040 2-15-37-35-0A00-00008-0000 2 -15 -37 -35 -0A00 -00008-A000 3-21-37-35-0020-02520-00A0 2 -22 -37 -35 -0A00 -00013-A000 3-15-37-35-0010-01490-0100 3-15-37-35-0010-01480-0010 / OWNER NAME B & T FAIR INVESTMENTS INC $ & TTAI R1 NVESTM ENTS til /LOOK THERE INC /,MYERS DONALD (DECEASED) WRJ SALES INC W-Rd-SAL-ES-IfNC -/SOUTHERN MANAGEMENT CORP :''ROYALS 0 K LUNCH INC RUIZ INVESTMENTS LLC /4 GIRLS PROPERTIES LLC Nuakpd aoun f- ADDRESS 1403 SE 8TH AVE 1403 SE 8TH AVE 5205 BABCOCK ST NE 102 SE 8TH AVENUE 600 PACKARD CT 600 PACKARD CT 324 SW 16TH ST 324 SW 16TH ST 625 NE PARK ST 701 NE 3RD ST C OKEECHOE OKEECHOE PALM BAY OKEECHOI SAFETY HA - SAFETY HA - BELLE GLF BELLE GLA OKEECHOBI OKEECHOB_ EE FL 349745313 EE FL 349745313 FL 32905 FL 34974 BOR 0110E FL 34695 teas `f' renc,ct�-f-a-,ceS r�C�-- pd �,e-.- .BOR FL 34695 -'E FL 334302824 sE FL 334302824 =E FL 349724547 =E FL 349744576 ST ZIPCODE -.SIAM. FAS BE. COMMEO FROM 'NE FOR ERRORS OR OMPAISJONS CONVJNEO HEREON OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE B & T Fair Investments Inc 1403 SE 8th Avenue Okeechobee, FL 34974 WRJ Sales Inc. 600 Packard Ct Safety Harbor, FL 34695 Ruiz Investments LLC 625 NE Park Street Okeechobee, FL 34972 Look There Inc. 5205 Babcock Street NE Palm Bay, FL 32905 Southern Management Corp. 324 SW 16th Street Belle Glade, FL 33430 4 Girls Properties LLC 701 NE 3rd Street Okeechobee, FL 34974 Donald Myers (deceased) 102 SE 8th Avenue Okeechobee, FL 34974 Royals OK Lunch Inc 324 SW 16th Street Belle Glade, FL 33430 City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 9820 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: February 28, 2018 The City of Okeechobee Board of Adjustment will be considering Special Exception Petition No. 18 -001 -SE to allow drive-through service within a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (1)) located at 100 SE 8th Avenue. The proposed use is for a fast food restaurant with drive-through service. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, March 15, 2018, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette a(�,cityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 9820 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: February 28, 2018 The City of Okeechobee Board of Adjustment will be considering Special Exception Petition No. 18 -001 -SE to allow drive-through service within a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (1)) located at 100 SE 8th Avenue. The proposed use is for a fast food restaurant with drive-through service. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, March 15, 2018, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnettecityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator NOTICE OF PUBLIC HEARING SPECIAL EXCEPTION PETITION No. 18 -001 -SE DATE: MARCH 15, 2018, 6 PM, AT CITY HALL PURPOSE: TO ALLOW DRIVE-THROUGH SERVICE WITHIN A CHV ZONING DISTRICT ON THIS SITE APPLICANT: NYLV INVESTORS, LLC PROPERTY OWNER: CARL LEE WINDHAM, JR. FURTHER INFORMATION CONTACT: General Services Dept, 863-763-3372, Ext 9820 55 SE 3rd Ave, Okeechobee, FL 34974 NOTICE OF PUBLIC HEARING SPECIAL EXCEPTION PETITION No. 18 -001 -SE DATE: MARCH 15, 2018, 6 PM, AT CITY HALL MEETING CONTINUED UNTIL MAY 17, 2018 PURPOSE: TO ALLOW DRIVE-THROUGH SERVICE WITHIN A CHV ZONING DISTRICT ON THIS SITE APPLICANT: NYLV INVESTORS, LLC PROPERTY OWNER: CARL LEE WINDHAM, JR. FURTHER INFORMATION CONTACT: General Services Dept, 863-763-3372, Ext 9820 55 SE 3rd Ave, Okeechobee, FL 34974 1- 0 �F•t7KcF Cry CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 "ve 915 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING/SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): 18-001- SE Date of 1st Public Hearing: 8 LI -.3 Address of subject property (or Legal if no address): 10 ®5 l ?5-4-11 P if' n (Xe_d T to r e rt e V. 011,ctoo r Pe. 3 VG I, A V its 411- , , hereby certify that boosted the "Notice of Public Hearing" sign in accordance with the Above instructions on A - ag -16 , and will remove sign on �3-IR-i8 (repast& 10,tqnso-n 5- to o rl}-r wjnieLtflhi 441-12- Walla ,goig m rfrnvut ins e -n S -AI -12 Signature: Date: 2- Z� - STATE OF FLORIDA COUNTY OF OKEECHOBEE �uig ir The foregoing instrument was acknowledged before me this \ Of - 2(.�,'1L( by i' al(rn ho is personally known to me or produced 0 as identification. M. 6V1Q,ta (signature) Print, type or stamp name of Notary Ips pOSt2A � DzbicC. SEAL: rov+tr ^oy^ Notary Public State of Florida Patty M Burnette � . Ay My Commission GG 008157 444 oudv Expires 10/02/2020 Petition No. / U"OO?' S E Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of January 2018 and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this 30th day of January , 2018 4 Ol•7-)D .;5 Signature of Applicant Date WGI Lindsay Libes (agent) Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this day of MMA- 201. CCisonaN ick ivn torp' or produced as identification and did not take an oath. Notary Public, State of Florida (Rev 9/2017) Seal: ��,.��„ PAULA MILLER ' %:; Notary Public - Stats of Florida Commission • GG 047597 My Comm. Expires Nov 29. 2020 '••.°; ,'t. `' Bonded through National Notary Min. Pagc 3 of 1 1 4 ,IR.I.10,41t AJVAC . 1 :!t1.1 Nt otar2 Ataug rooki :':'"" .";, --Miit) iii) oit, ipoterimint...) .: ,7 4.0 4,) : ii r, vott attigki mmo,:s wii :-.3-:$..:'6,•1', • 1.4.0, -teA (Moil ttiAcrissf dcatAt botti..,1* milmormirompulipmermputarigniftw•er 4t .S' Detail by Entity Name Page 1 of 3 Floriaa Depart,-., Sate DIV,GFON 1F CORwoRArroN'L J1 YLlrJ! I of Ulf UJJ rul! ,Ilfl✓ ti/ Romig! is '/I1!!e Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Profit Corporation WANTMAN GROUP, INC. Filing Information Document Number S66593 FEI/EIN Number 65-0271367 Date Filed 07/12/1991 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 01/16/2018 Event Effective Date NONE Principal Address 2035 VISTA PKWY WEST PALM BEACH, FL 33411 Changed: 01/09/2017 Mailing Address 2035 VISTA PKWY WEST PALM BEACH, FL 33411 Changed: 01/09/2017 Registered Agent Name & Address FONTAINE, KATE 2035 VISTA PARKWAY WEST PALM BEACH, FL 33411 Name Changed: 01/18/2011 Address Changed: 01/09/2017 Officer/Director Detail Name & Address Title CHR WANTMAN, JOEL 2035 VISTA PARKWAY WEST PALM BEACH, FL 33411 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 1/30/2018 Detail by Entity Name ?age 2 of 3 Title PRES WANTMAN, DAVID 2035 VISTA PARKWAY WEST PALM BEACH, FL 33411 Title SVP PETZOLD, ROBIN 2035 VISTA PARKWAY WEST PALM BEACH, FL 33411 Title VP LAND DEVELOPMENT BROPHY, JEFFREY N 2035 VISTA PKWY WEST PALM BEACH, FL 33411 Title VP TRANSPORTATION CLEMENTS, NANCY A 2035 VISTA PKWY WEST PALM BEACH, FL 33411 Title VP Hernandez, Arnaldo 2035 VISTA PKWY WEST PALM BEACH, FL 33411 Title Sr. V.P., COO Echagarrua, Mario 2035 Vista Parkway West Palm Beach, FL 33411 Annual Reports Report Year Filed Date 2016 01/05/2016 2017 01/09/2017 2018 01/04/2018 Document Images 01/16/2018 — Amendment 01/04/2018 — ANNUAL REPORT 12/11/2017 — Amendment 06/12/2017 — Amendment 01/09/2017 — ANNUAL REPORT 09/30/2016 — AMENDED ANNUAL REPORT 05/09/2016 — AMENDED ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format http ://search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 1 /3 0/2018 View image in PDF format View image in PDF format r Detail by Entity Name Page 3 of 3 01/05/2016 —ANNUAL REPORT 01/12/2015 — ANNUAL REPORT 10/16/2014 — AMENDED ANNUAL REPORT 08/11/2014 — AMENDED ANNUAL REPORT 01/08/2014 — ANNUAL REPORT 08/07/2013 — AMENDED ANNUAL REPORT 01/10/2013 — ANNUAL REPORT 01/20/2012 — ANNUAL REPORT 01/18/2011 — ANNUAL REPORT 01/09/2010 — ANNUAL REPORT 01/19/2009 — ANNUAL REPORT 01/15/2008 — ANNUAL REPORT 02/08/2007 — ANNUAL REPORT 01/30/2006 — ANNUAL REPORT 02/01/2005 — ANNUAL REPORT 08/25/2004 — Reg. Agent Change 01/13/2004 —ANNUAL REPORT 03/10/2003 — ANNUAL REPORT 01/27/2002 — ANNUAL REPORT 02/13/2001 —ANNUAL REPORT 01/03/2001 — Name Change 01/20/2000 — ANNUAL REPORT 01/29/1999 — ANNUAL REPORT 01/23/1998 — ANNUAL REPORT 02/24/1997 — ANNUAL REPORT 01/29/1996 — ANNUAL REPORT 01/30/1995 — ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format http ://s earch. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 1 /30/2018 JFO GROUP INC Traffic Engineering • Transportation Planning www.jfogroupinc.com January 29, 2018 Alan Perlmutter NYLV Investors, LLC 7975 West Sahara, Suite 101 Las Vegas, NV 89117 RE: Okeechobee Checkers - Transportation Concurrency 100 SE 8th Avenue, Okeechobee, Florida Parcel: 3-22-37-35-0260-00000-0010 Dear Alan, JFO Group, Inc. has been retained to perform a traffic analysis to determine compliance with the Okeechobee County - Transportation Concurrency Requirements - Article V, Section 5.05.00 of the Okeechobee County Code of Ordinances. This traffic statement is associated with the Site Plan application for the 100 SE 8th Avenue property. The ±0.61 -acre site is located at the southwest corner of SR -70 and SE 8th Avenue in Okeechobee County, Florida. Parcel Number associated with this project is 3- 22-37-35-0260-00000-0010. Figure 1 shows an aerial view of the project location in relation to the transportation network. Exhibit 1 includes the property record summary from the Okeechobee County Property Appraiser's office, while Exhibit 2 includes a copy of a preliminary site plan for the project. There are two (2) existing buildings on site that will be replaced with a 912 Square Feet Fast Food Restaurant with a Drive - Through Window. One (1) of the existing buildings is a 970 Square Feet Small Office Building and the other is a 1,296 Square Feet Retail Building. Table 1: Trip Generation Rates Figure 1 : Project Location Land Use ITE Code Daily AM Peak Hour PM Peak Hour In Out Total In Out Total Small Office Building 712 16.19 83% 18% 1.92 32% 68% 2.45 Retail 820 37.75 62% 38% 0.94 48% 52% 3.81 Fast Food Restaurant with Drive -Through Window 934 470.95 51% 49% 40.19 52% 48% 32.67 Project trip generation rates were based on the Institute of Transportation Engineers Trip Generation Handbook, 10th Edition. Table 1 includes trip generation rates for Daily, AM and PM peak hour for existing and proposed conditions while Table 2 includes the trip generation for the proposed project for Daily, AM and PM peak hour conditions. According to Table 2, the net Daily, AM and PM peak hour trips potentially generated due to the planned development are 171, 16 and 10 trips respectively. 2018-01-29 Okeechobee Checkers_Traffic Sfatement_1005.03 Page 1 of 2 11924 Forest Hill Boulevard, Suite 10A-123 • Wellington, Florida 33414 T: (561) 512-7556 • F: (561) 423-2345 • info@jfogroupinc.com Table 2: Trip Generation - Existing Vs Proposed Land Use Intensity Daily Traffic AM Peak Hour PM Peak Hour In Out Total In Out Total Small Office Building 970 SF 16 2 0 2 1 1 2 Retail 1,296 SF 49 1 0 1 2 3 5 2- 65 3 0 3 3 4 7 Pass -By Retail 34.00% 17 - - - 1 1 2 Net Existing Traffic 48 3 0 3 2 3 5 Land Use Intensity Daily Traffic AM Peak Hour PM Peak Hour In Out Total In Out Total Fast Food Restaurant with Drive -Through Window 912 SF 430 19 18 37 16 14 30 Pass -By Fast Food Restaurant with Drive -Through Window 49.00% 21 1 9 9 18 8 7 15 Net Proposed Traffic 219 10 9 19 8 7 15 Net Traffic 171 7 9 16 6 4 10 The proposed Okeechobee Checkers development to be located at 100 SE 8th Avenue, Okeechobee, Florida has been evaluated following the Okeechobee County - Transportation Concurrency Requirements - Article V, Section 5.05.00 of the Okeechobee County Code of Ordinances. This analysis shows that the proposed development will generate less than 100 two-way peak hour trips where all links would be impacted with less than 30 peak -hour two-way trips. Therefore, the proposed development will be in compliance with Okeechobee County - Transportation Concurrency Requirements - Article V, Section 5.05.00 of the Okeechobee County Code of Ordinances and does not require a traffic study. Sincerely, JFO GROUP, INC COA Number 32276 SRT JP••+cENsF ••• • No. 63422 Digitally signed by Juan F ,*, — • Ortega * . •,Date:2018.01.2908:25:16 •:05'00' LC/ 0 STATE OF • 9, iT ••LORID .•••• /�;'SS.IONA� E \ �/1/11111++�` Enclosures: Exhibit 1: Property Appraiser Exhibit 2: Preliminary Site Plan Exhibit 3: Trip Generation Rates 2018-01-29_Okeechobee Checkers_Traffic Stafement_l 005.03 Page 2 of 2 11924 Forest Hill Boulevard, Suite 10A-123 • Wellington, Florida 33414 T: (561) 512-7556 • F: (561) 423-2345 info@jfogroupinc.com considered signed and sealed and the signature must be verified on any electronic This item has been electronically signed and sealed by Dr. Juan F. Ortega PE on January 29, 2018 using a Digital Signature. Printed copies of this document TAYLOR CREEK MANOR (PLAT BOOK 3 PAGE 4) LOTS 1, 2 & 3 LESS ROAD R/W WINDHAM CARL LEE JR P 0 BOX 2743 TALLAHASSEE, FL 32316-0000 3-22-37-35-0260-00000-0010 Okeechobee County 2017 R CARD 001 of 002 PRINTED 10/05/2017 11:57 BY STAR APPR 11/19/2015 RA BUSE 004101 STORE LC AE? N 681 HTD AREA 133.182 INDEX 518635.00 E PARK2 RR PUSE 001100 STORES/1 STORY MOD 4 COMMERCIAL BATH 1.00 898 EFF AREA 52.127 E -RATE 100.000 INDX STR 22- 37- 35 EXW 13 CBS FIXT 2 46,810 RCN 1979 AYB MKT AREA 570 53,244 BLDG BDRM 50.00 %GOOD 23,405 B BLDG VAL 1979 EYB EXAG 9,191 XFOB RSTR 02 GABLE/HIP RMS AC 608 120,409 LAND RCVR 04 SHNG ASP UNTS 1 #FIELD CK: 11/19/2015 RA # NTCD 0 CLAS C -W% tLOC: 100 SE 8TH AVE OKEECHOBEE # APPR CD 0 MKTUSE INTW 08 DRYWALL HGHT 10 t t CNDO 182,844 JUST PMTR 144 # + 17 + 31 + # SUBD 182,844 APPR FLOR 15 CERAM TIL STYS 1.0 # IUST2003 IBAS1993 I # BLK 96 ECON 20.00 # I I I t LOT 0 SOHD HTTP 04 AIR DUCTED FUNC # I 1 I # MAP# 182,844 ASSD A/C 03 CENTRAL SPCD PD 50.00 # I 5 I # 0 EXPT* QUAL 02 BELOW AVG. DEPR 14 # 2 I 2 t TXDT 050 182,844 COTXBL FNDN HURR . t 4 I 4 # 182,844 CITXBL 182,844 OTTXBL SIZE ALL UD -2 t I +--7--+ I # BLDG TRAVERSE CEIL ELEC 03 AVERG # I 9 I # BAS1993=W31 UST2003=W17 S24 BCA1993= S03 ARCH FRNT 01 . # I I I # E48 NO3 W48 $ E24N09W7 N15$S15 E7 S9 E24 FRME 03 MASONRY UD -5 # + 48 + # N24$. KTCH DOOR . # IBCA1993 I # WNDO UD -7 # + 48 + # CLAS UD -8 # # OCC UD -9 # # COND % # # PERMITS SUB A -AREA % E -AREA SUB VALUE # # NUMBER DESC AMT ISSUED BAS93 681 100 681 17749 # 4 USTO3 471 40 188 4900 # 4 BCA93 144 20 29 756 # # SALE # # BOOK PAGE DATE PRICE # # 365 691 2/01/1995 U I # # GRANTOR # # GRANTEE WINDHAM CARL LEE JR 4 4 238 1825 12/01/1980 Q I 54000 # # GRANTOR TOTAL 1296 898 23405 GRANTEE WINDHAM CARL LEE JR EXTRA FEATURES FIELD CK: 11/19/2015 RA AE BN CODE DESC LEN WID HGHT QTY QL YR ADJ UNITS UT PRICE ADJ UT PR SPCD % %GOOD XFOB VALUE N ASPH 2 COM SLB WLK 1 2008 1.00 5036.000 SF 2.000 2.000 PD 70.00 70.00 7,050 N CONC B COM SLB WLK 1 1973 1.00 505.000 SF 2.280 2.280 PD 50.00 50.00 576 N FENC P 6'1/2"PINE 1 1999 1.00 32.000 LF5.700 5.700 PD 50.00 50.00 91 N CONC I BUMPERS 1 2006 1.00 4.000 UT 13.800 13.800 PD 80.00 80.00 44 N CONC B COM SLB WLK 28 22 1 2015 1.00 627.000 SF 2.280 2.280 PD 100.00 100.00 1,430 LAND DESC ZONE ROAD DEN UD3 FRONT DEPTH FIELD CK: AE CODE TOPO UTIL YRPL UD4 BACK DT ADJUSTMENTS UNITS UT PRICE ADJ UT PR LAND VALUE N 067EPA E CRK-CTY 1.00 1.00 1.00 1.00 26522.000 SF 4.540 4.54 120,409 PRCL - FRAME (MASONRY-03)ADDED FOR '05 ON BOTH BLDGS PRCL - SD 6-9-05 Exhibit 1 Page 1 of 2 TAYLOR CREEK MANOR (PLAT BOOK 3 PAGE 4) LOTS 1, 2 & 3 LESS ROAD R/W WINDHAM CARL LEE JR P 0 BOX 2743 TALLAHASSEE, FL 32316-0000 3-22-37-35-0260-00000-0010 Okeechobee County 2017 R CARD 002 of 002 PRINTED 10/05/2017 11:57 BY STAR APPR 11/19/2015 RA BUSE 003800 NBHD CENTR AE? N 850 HTD AREA 118.384 INDEX 518635.00 E PARK2 RR PUSE 001100 STORES/1 STORY MOD 4 COMMERCIAL BATH 2.00 874 EFF AREA 48.773 E -RATE 100.000 INDX STR 22- 37- 35 EXW 13 CBS FIXT 4 42,628 RCN 1982 AYB MKT AREA 570 53,244 BLDG BDRM 70.00 °%GOOD 29,839 B BLDG VAL 1982 EYB EXAG 9,191 XFOB RSTR 02 GABLE/HIP RMS AC .608 120,409 LAND RCVR 04 SHNG ASP UNTS 1 #FIELD CK: 4/09/2014 RA # NTCD 0 CLAS C -W% #LOC: 100 SE 8TH AVE OKEECHOBEE # APPR CD 0 MKTUSE INTW 08 DRYWALL HGHT 10 # t CNDO 182,844 JUST PMTR 116 # t SUBD 182,844 APPR FLOR 05 ASP TL CC STYS 1.0 t t BLK ECON # # LOT 0 SOHD HTTP 04 AIR DUCTED FUNC # # MAP# 182,844 ASSD A/C 03 CENTRAL SPCD PD 70.00 # # 0 EXPT* QUAL 02 BELOW AVG. DEPR 14 # # TXDT 050 182,844 COTXBL FNDN HURR # # 182,844 CITXBL 182,844 OTTXBL SIZE ALL UD -2 # # BLDG TRAVERSE CEIL ELEC 03 AVERG # # BCA1993=120$ BAS1993=490$ BAS2010=360$ ARCH FRNT 01 # # FRME 03 MASONRY UD -5 # # KTCH DOOR t t WNDO UD -7 # # CLAS UD -8 # # OCC . UD -9 # # COND # # PERMITS SUB A -AREA E -AREA SUB VALUE # # NUMBER DESC AMT ISSUED BCA93 120 20 24 819 t # BAS93 490 100 490 16729 # # BAS10 360 100 360 12291 # # SALE # # BOOK PAGE DATE PRICE # # 80 875 4/13/1964 Q V # # GRANTOR WARD EDNA # # GRANTEE WARD J H # # # # GRANTOR TOTAL 970 874 29839 GRANTEE EXTRA FEATURES FIELD CK: AE BN CODE DESC LEN WID HGHT QTY QL YR ADJ UNITS UT PRICE ADJ UT PR SPCD % %GOOD XFOB VALUE LAND DESC ZONE ROAD DEN UD3 FRONT DEPTH FIELD CK: AE CODE TOPO UTIL YRPL UD4 BACK DT ADJUSTMENTS UNITS UT PRICE ADJ UT PR LAND VALUE B002 - NEW A/C 2013 Exhibit 1 Page 2 of 2 • I bankmioj t,me, ‘1,11, ,3kla P:311, CER4,1-3,2rt./b0 ‘ror, OK,. 1,31.110tlY 3.1`a N01.1.c/1210930 1331.1S 301VN .1.031-08d 3,34,3 OPWO>i$1. s; z 6 0 VTATE ROAD '70 H/.8 3 4$ TA ma MOO taiNt." •••$ SII4OW 11•81AVA 4.1.1 — dereezara,•••••••1•ron..,..v....* ',wan Pa0 Land Use: 712 Small Office Building Description A small office building houses a single tenant and is less than or equal to 5,000 gross square feet in size. It is a location where affairs of a business, commercial or industrial organization, or professional person or firm are conducted. General office building (Land Use 710) is a related use. Additional Data Time -of -day distribution data for this land use are presented in Appendix A. For the 18 general urban/ suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 11:30 a.m. and 12:30 p.m. and 5:00 and 6:00 p.m., respectively. The sites were surveyed in the 1980s and the 2010s in Alberta (CAN), Texas, and Wisconsin. Source Numbers 890, 891, 959, 976 Trip Generation Manual 10th Edition • Volume 2: Data • Office (Land Uses 700-799) 93 Exhibit 3 Page 1 of 15 Small Office Building (712) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday Setting/Location: Number of Studies: 1000 Sq. Ft. GFA: Directional Distribution, General Urban/Suburban 17 50;4, entering. 50`/, exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 16.19 4.44 50.91 11.03 Data Plot and Equation 200 150 100 50 X XX x k X X 00 Study Site Fitted Curve Equation: Not Given 2 3 X = 1000 Sq. Ft. GFA - - - - Average Rate R2= *fl* 4 94 Trip Generation Manual 10th Edition • Volume 2: Data • Office (Land Uses 700-799) rite Exhibit 3 Page 2 of 15 20 15 5 Small Office Building (712) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 17 1000 Sq. Ft. GFA. 2 Directional Distribution: 83% entering, 18% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 1.92 0.73 - 4.12 0.97 Data Plot and Equation X x - X X X X �G-- ^^' X X x' x X X X 00 X Study Site Fitted Curve Equation: Not Given 2 X = 1000 Sq. Ft. GFA 3 4 - - - - Average Rate R=_ ,... Trip Generation Manual 10th Edition • Volume 2: Data • Office (Land Uses 700-799) 95 Exhibit 3 Page 3 of 15 Small Office Building (712) Vehicle Trip Ends vs: On a: Setting/Location: Number of Studies: 1000 Sq. Ft. GFA: Directional Distribution: 1000 Sq. Ft. GFA Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. General Urban/Suburban 17 3 32% entering, 68% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 2.45 0.56 - 5.50 1.38 Data Plot and Equation Study Site Fitted Curve Equation: Not Given 2 3 4 X = 1000 Sq. Ft. GFA - - - - Average Rate 5 96 Trip Generation Manual 10th Edition • Volume 2: Data • Office (Land Uses 700-799) Exhibit 3 Page 4 of 15 Land Use: 820 Shopping Center Description A shopping center is an integrated group of commercial establishments that is planned, developed, owned, and managed as a unit. A shopping center's composition is related to its market area in terms of size, location, and type of store. A shopping center also provides on-site parking facilities sufficient to serve its own parking demands. Factory outlet center (Land Use 823) is a related use. Additional Data Shopping centers, including neighborhood centers, community centers, regional centers, and super regional centers, were surveyed for this land use. Some of these centers contained non -merchandising facilities, such as office buildings, movie theaters, restaurants, post offices, banks, health clubs, and recreational facilities (for example, ice skating rinks or indoor miniature golf courses). Many shopping centers, in addition to the integrated unit of shops in one building or enclosed around a mall, include outparcels (peripheral buildings or pads located on the perimeter of the center adjacent to the streets and major access points). These buildings are typically drive-in banks, retail stores, restaurants, or small offices. Although the data herein do not indicate which of the centers studied included peripheral buildings, it can be assumed that some of the data show their effect. The vehicle trips generated at a shopping center are based upon the total GLA of the center. In cases of smaller centers without an enclosed mall or peripheral buildings, the GLA could be the same as the gross floor area of the building. Time -of -day distribution data for this land use are presented in Appendix A. For the 10 general urban/ suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 11:45 a.m. and 12:45 p.m. and 12:15 and 1:15 p.m., respectively. The average numbers of person trips per vehicle trip at the 27 general urban/suburban sites at which both person trip and vehicle trip data were collected were as follows: • 1.31 during Weekday, AM Peak Hour of Generator • 1.43 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 4 and 6 p.m. • 1.46 during Weekday, PM Peak Hour of Generator The sites were surveyed in the 1980s. the 1990s, the 2000s, and the 2010s in Alberta (CAN), British Columbia (CAN), California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, and Wisconsin. Source Numbers 105, 110, 154, 156, 159, 186, 190, 198, 199, 202, 204, 211, 213. 239, 251, 259, 260, 269, 294, 295, 299, 300, 301, 304, 305, 307, 308, 309, 310, 311, 314, 315, 316, 317, 319, 358, 365, 376, 385, 390, 400, 404, 414, 420, 423, 428, 437, 440, 442, 444, 446, 507, 562, 580, 598, 629, 658, 702, 715, 728, 868, 870, 871, 880, 899, 908, 912, 915, 926, 936, 944, 946, 960, 961, 962, 973, 974, 978 ite Trip Generation Manual 10th Edition • Volume 2; Data • Retail (Land Uses 800-899) 137 Exhibit 3 Page 5 of 15 Shopping Center (820) Vehicle Trip Ends vs: 1000 Sq. Ft. GLA On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 147 1000 Sq. Ft. GLA: 453 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GLA Average Rate Range of Rates 37.75 Data Plot and Equation 7.42 - 207.98 Standard Deviation 16.41 60.000 50,000 lL 40,000 n 1- 1- 30,000 - 30,000 20,000 500 X Study Site X = 1000 Sq. Ft. GLA Fitted Curve Equation: Ln(T) = 0.68 Ln(X) + 5.57 Fitted Curve 1,000 1,500 - - - - Average Rate Re= 0.76 138 Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) Exhibit 3 Page 6 of 15 Shopping Center (820) Vehicle Trip Ends vs: 1000 Sq. Ft. GLA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 84 1000 Sq. Ft. GLA: 351 Directional Distribution: 62% entering, 38% exiting Vehicle Trip Generation per 1000 Sq. Ft. GLA Average Rate Range of Rates 0.94 Data Plot and Equation 0.18 - 23.74 Standard Deviation 0.87 X = 1000 Sq. Ft. GLA X Study Site Fitted Curve Equation: T = 0.50(X) + 151.78 Fitted Curve - - - - Average Rate R2= 0.50 Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) 139 Exhibit 3 Page 7 of 15 Shopping Center (820) Vehicle Trip Ends vs: On a: SettinglLocation: Number of Studies: 1000 Sq. Ft. GLA: Directional Distribution: 1000 Sq. Ft. GLA Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. General Urban/Suburban 261 327 48% entering, 52% exiting Vehicle Trip Generation per 1000 Sq. Ft. GLA Average Rate 3.81 Data Plot and Equation Range of Rates 0.74 - 18.69 Standard Deviation 2.04 500 1,000 1500 2.000 X = 1000 Sq. Ft. GLA X Study Site Fitted Curve Equation: Ln(T) = 0.74 Ln(X) + 2.89 Fitted Curve - - - - Average Rate R°= 0.82 140 Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) Exhibit 3 Page 8 of 15 Table E.9 (Cont'd) Pass -By and Non -Pass -By Trips Weekday, PM Peak Period Land Use Code 820—Shopping Center SIZE (1.000 SO. FT. GLA) LOCATION WEEKDAY SURVEY DATE NO. OF INTERVIEWS TIME PERIOD PASS -6Y TRIP I%) NON -PASS -BY TRIP (44) ADJ. STREET PEAK HOUR VOLUME AVERAGE 24-HOUR TRAFFIC SOURCE PRIMARY. DIVERTED TOTAL 921 Albany- NY Ju 1985 196 4.00.8.00 p.m. 23 42 35 77 - 60.950 Raymond Keyes Assoc, 108 i Overland Park, KS July 1988 111 430.5:35 p.m. 26 81 13 74 - 34,000 - 118 Overland Park, KS Aug. 1989 123 130-31091- 25 55 20 75 - - - 258 Greece. NY June 1988 120 4'00-390 p m. 38 82 - 82 - 23410 Saar Brovm 1e0 Greece. NY June 1988 78 400-600 p m. 29 71 - 71 - 57.300 Sear Brown 550 Greece, NY June 1988 117 4:50.0609 m. 48 52 - 52 - 40.753 Sear Brown - Boca Raton. FL Dec 1987 110 4:00-800 p.m. 33 34 33 67 - 42226 KkA150C 111 and nley•H51 Assoc. Iced. 1.090 Ross Twp. PA July 1988 411 200-0.00 p.m p.m 34 68 10 85 - 51,800 W'Ibuf S and . 97 6999"96999 Tim TPA 1988189 - 4:003:00 p.m. 41 - - 89 - 34000 McMahon Associates 118 Trady8 0 Twp. PA W Writer 1958189 - 4:00-0:00 p.m 24 - - 78 - 10000 Boot Allen 5 Hamilton 122 La,nal08, NJ Wnler 198889 - 4:00.000 p m. 37 - - 03 - 20.000 Pannone Associates 128 Boca Raton. FL Waster 1988180 - 4:00-600 p m 43 - - 87 - 45 055 McMahon Associates 180 Willow Grove. PA Winter 108889 - 100-8.00 9 m 39 - - e1 - 28.000 Boaz Allen a Hamilton 153 Broward Cnry. FL Water 1988/89 - 4.00-8:00.0400 60 - - 58 - 85000 Asac Otos 153 Arden. DE Wnler 198889 - 400-8.00 p.m 30 - - 70 - 28005 On Ah.ssss otl oc. inc. Ind. 164 Doylestown. PA Wnler1988119 - 4.00.80091 32 - - et- 20.855 OO Op 80 n4 & 184 MiddletownBooz 1Wp. PA Wnter 198889 - 4.00-000 p.m. 33 - - 67 - 25.000 Alen 8 Hamilton 185 Haddon Tap. NJ Writer 198889 - 4.8.6:00 p.m 20 - - 80 - 6.000 Pennant Associates 205 &owed Crdy., FL Writer 1988189 - 4:05-890 p m. 55 - 4S - 82.888 McMahon Associates Table E.9 (Cont'd) Pass -By and Non -Pass -By Trips Weekday, PM Peak Period Land Use Code 820—Shopping Center SO. FT. GLA) ------_I WFFKDAV NO OF LOCATION SURVEY DATE INTERVIEWS TMIE PERIOD i _.__.NON -PASS PASS -BY TRIP (14) PRIMARY -BY TRIP (%) DIVERTED TOTAL 'y ADA STREET PEAK HOUR liCiL1114E AVERAGE 24HDUR TRAFFIC SOURCE 237 p rds r W::to, 108889 ' - 4:00-88O p.m 48 - - ea - 46.000 Allen a Hamilton 242 Wilk* Grove Writer 198889 - 4AD-B4OD Pm. 4:00-0:00 p.m 37 33 - - - - 63 67 - 25099 McMahon Associates gers - 28.000 COdh•Ro a Assoc Incmc. 297 W116eba9. PA Writer (988189 - 355 &award Cmy., V4nter 1968189 -FL 490-6:009.1. 44 - - 66 - 13.000 MesacicMahafeson A 370 P6laburgh, PA Portland. OR Wnler1988189I - - I 819 4:004E00 p.m 495-9C0pm.. 19 68 28 - - 91 - 33.000 : Warta Smith 150 6 26 32 - 25.000 1 KBlelsbnand i_T ,,,,,,.,a,,,,, Kidolson end -City Of ; Calgary DOT 150 - 790 Penland, OR - 285 400-6:00 Pm. 7 39- 28 35 - 30.000 1 - .. Calgary, Alberta r Oa.•D4e. 1967. 15,435 490.9:00 m. p 20 41 80 tie 60(64l•019n10. Apr 1989 154 2:W-6:00900 36 - - 65 - 37.990 1 mondA 144 6enalap88. NJ July1990 178 310-8:15 Pm, 32 44 24 68 - I 89.287 . KeRyes Assoc. 549 Natick. MA Feb. 1989 - 4:49-6:45 p.m 33 26 41 67 - 1 Raymond 49.752 I KeyesAaaac Average Pass -By Trip Percentage: 34 —" means no data were provided 190 Trip Generation Handbook. 3rd Edition Exhibit 3 Page 9 of 15 Land Use: 934 Fast -Food Restaurant with Drive -Through Window Description This category includes fast-food restaurants with drive-through windows. This type of restaurant is characterized by a large drive-through clientele, long hours of service (some are open for breakfast, all are open for lunch and dinner, some are open late at night or 24 hours a day) and high turnover rates for eat -in customers. These limited -service eating establishments do not provide table service. Non -drive-through patrons generally order at a cash register and pay before they eat. Fast casual restaurant (Land Use 930), high -turnover (sit-down) restaurant (Land Use 932), fast-food restaurant without drive-through window (Land Use 933), and fast-food restaurant with drive-through window and no indoor seating (Land Use 935) are related uses. Additional Data Users should exercise caution when applying statistics during the AM peak periods, as the sites contained in the database for this land use may or may not be open for breakfast. In cases where it was confirmed that the sites were not open for breakfast, data for the AM peak hour of the adjacent street traffic were removed from the database. The outdoor seating area is not included in the overall gross floor area. Therefore, the number of seats may be a more reliable independent variable on which to establish trip generation rates for facilities having significant outdoor seating. Time -of -day distribution data for this land use for a weekday, Saturday, and Sunday are presented in Appendix A. For the 46 general urban/suburban sites with data. the overall highest vehicle volumes during the AM and PM on a weekday were counted between 11:45 a.m. and 12:45 p.m. and 12:00 and 1:00 p.m., respectively. For the one dense multi -use urban site with data, the same AM and PM peak hours were observed. The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in Alaska, Alberta (CAN), California, Colorado, Florida, Indiana, Kentucky, Maryland, Massachusetts, Minnesota, Montana, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Dakota, Texas, Vermont, Virginia, Washington, and Wisconsin. Source Numbers 163, 164, 168, 180, 181, 241, 245, 278, 294, 300, 301, 319, 338, 340, 342, 358, 389, 438, 502. 552, 577, 583, 584, 617, 640, 641, 704, 715, 728, 810, 866, 867, 869, 885, 886, 927, 935, 962. 977 156 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) Exhibit 3 Page 10 of 15 Fast -Food Restaurant with Drive -Through Window (934) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA Ona: Weekday Setting/Location: Number of Studies: 1000 Sq. Ft. GFA: Directional Distribution: General Urban/Suburban 67 3 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates 470.95 Data Plot and Equation 98.89 - 1137.66 Standard Deviation 244.44 w CL i= 1- 4,000 3,000 2,000 1,000 X X X xfx )SC XX ,x- - XXX X X X' XE X X X X X X %4C x Xx X X X X x X X X X x 00 X Study Site 2 Fitted Curve Equation: Not Given 4 X= 1000 Sq. Ft GFA 6 8 - - - - Average Rate .w — Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 157 Exhibit 3 Page 11 of 15 Fast -Food Restaurant with Drive -Through Window (934) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA Ona: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 111 1000 Sq. Ft. GFA: 4 Directional Distribution: 51% entering, 49% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates 40.19 Data Piot and Equation 0.38 - 164.25 Standard Deviation 28.78 500 400 co W a j_ 300 1- 200 100 00 X Study Site x x X x x x x 14 XX X XX X X --- X X x X X x x, - -- % X X XX - Y - hv x x X x ,- Xx X ( xc xXX txxxx �( x v X Y .�PKt%4C x 2 4 X= 1000 Sq. Ft. GFA Felted Curve Equation: Not Given x x X X X X x X 6 8 - - - - Average Rate 158 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) i Exhibit 3 Page 12 of 15 Fast -Food Restaurant with Drive -Through Window (934) Vehicle Trip Ends vs: On a: Setting/Location: Number of Studies: 1000 Sq. Ft. GFA: Directional Distribution: 1000 Sq. Ft. GFA Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. General Urban/Suburban 185 3 52% entering, 48% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate 32.67 Data Plot and Equation Range of Rates 8.17 - 117.22 Standard Deviation 17.87 2 X Study Site Fitted Curve Equation: Not Given 4 6 8 X= 1000 Sq. Ft. GFA - - - - Average Rate Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 159 Exhibit 3 Page 13 of 15 Table E.31 Pass -By and Non -Pass -By Trips Weekday, AM Peak Period Land Use Code 934—Fast-Food Restaurant with Drive -Through Window I SEATS SIZE (1.000 SO FT. GFA) LOCATION WEEKDAY SURVEY DATE NO OF INTERVIEWS TIME PERIOD TRIP (14) NON -PASS PRIMARY -BY TRIPS DIVERTED (K) TOTAL ADJ. STREET VOLUME SOURCE — <6 Cnxago suburbs. IL 1987 84 7:00-9:00 a.m. 44 — — 66 Keng,OHara, — Humes. Flock 88 14 Lasvkle area, KY la 1993 — 7:00-8.00 a.m. 22 16 38 1.407 eaM1on•Azchman Assoc 100 3.6 Louisville. KY 1993 — 7:00-9:00 a m. 32 47 31 68 437 • 6artOn•Ascaman Assoc. 87 4.2 New Albany. M 1993 — 7:00-900 am. 40 23 31 54 1.049 Ela4a°Auamul Affix. 190 3.0 Louisville area KY 1993 — 7:00.800 am. 43 14 43 97 q Afa00r' 903 t Sano 00. an — 3.3 vanes 1996 — 6310-900 a 66 — — 32 — Oracle Englneemp Average Pass -By Trip Percentage: 49 means no data were provided Appendix E. Database on Pass -By. Diverted, and Primary Trips 213 Exhibit 3 Page 14 of 15 Table E.32 Pass -By and Non -Pass -By Trips Weekday, PM Peak Period Land Use Code 934—Fast-Food Restaurant with Drive -Through Window SEATS SIZE (1.000 S0 FT. GFA) LOCATION WEEKDAY SURVEY DATE NO. OF INTERVIEWS TIME PERIOD PASS- 8Y TRIP (13) NON -PASS -BY TRIPS (14) ADJ. STREET PEAK HOUR VOLUME SOURCE PRIMARY DIVERTED TOTAL — -2.6 Mann -St. Paul. MN 1987 80 3:00-7:00 p m. 25 27 48 75 — — — s5.0 Chicago suburbs, IL 1987 80 300-8:00 p.m 38 — — 52 — Keni9.0'Hara. Humes, Flock — 45.0 Chicago suburbs, ILHumes, 1987 100 3:00-600 p. m. 55 — — 45 — Kenip,0'Ham, Flock — 45,0 0841456 suburbs, IL 1987 159 3006:00 p.m. 58 — — 44 — Kemg, O'Hara, Hamas, Flock — 45.0 Chicago suburbs. 8. 1987 225 3:00.6:00 P.m. 48 — — 52 — Kenlg, ,FIoca. Humes, Flock — 45.0 Chicago suburbs. IL 1987 88 300-B:OO P.m. 35 — — 65 — KamO p. 'Hara. Humes. Fbek — u5'0 Cnkago subums.lL 1987 84 3.00-8:00 pm. 44 — — 56 — Kenig. O'Hara, norms. Aoclr 88 1.3 Louisville area. KY 1993 — 4:00-8:00 p m. 68 22 10 32 2655 Barton - Aschman Aswan 120 19 L6ulsv8te area. KY 1993 33 4.00-800 p.m. 67 24 9 33 2447 Baser, Aschman Assoc 67 a 2 New Albany, IN 1993 — 4:00-6:00 p.m 56 25 19 44 1,632 Barton. Aschman Assoc 150 3.0 Louisville area. KY 1993 — 4:00-8.00Barton. p m 31 31 38 69 a,250 Acusc Assoc — 3.1 Kissimmee, ce, 1995 28 2.00-6.00 p m 71 — — 29 — TPD Inc. — 3.1 Apopka. FL 1998 29 2:00.6:00 p.m 38 — — 62 — TPD Inc. — 2.8 Writer Springs. FL 2:00-8.00 p.m. 86 — — 34 — TPO Inc. TPO47 — 4.3 Longwood. 1904 304 200-000 p.m. 62 — — 38 — TPD Inc. — 32 Altamonte Springs, FL 1098 202 200-:00 p.m 40 39 21 60 — TPD Inc. — 2.9 Wnler Park. FL 1996 271 200-8'OO p.m 41 41 18 59 — TPD Inc. — 3.3• several 1996 vanes 4.00-8:O0 p.m. 62 — — 38 — Oracle Englneeraq *Average of several combined studies. Average Pass -By Trip Percentage: 50 —" means no data were provided 214 Trip Generation Handbook, 3rd Edition Exhibit 3 Page 15 of 15 R R (6::30 rs' f.m) b,0nald dyers (1asd5 IOa SE Sfi'`uenae_ bona i d " C buui)`fl Eduxrc NlYers Oblu.s4- il, 1031— aecerrb,- �,, a.nrb v�� D SearchResults C. 14V C, qo-a93) /rl VC- rel ")ev✓1C.r...,. Okeechobee County Property Appraiser updated: 1/18/2018 Parcel: 3-22-37-35-0260-00000-0010 « Next Lower Parcel Next Higher Parcel » Owner's Name WINDHAM CARL LEE JR Site Address 100 SE 8TH AVE, OKEECHOBEE Mailing P 0 BOX 2743 Address TALLAHASSEE, FL 323160000 Description 3LESS TAYLOR CREEKROADR/W MANOR (PLAT BOOK 3 PAGE 4) LOTS 1, 2 & NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.608 ACRES S/T/R 22 37-35 Tax Neighborhood 518635.00 District 50 DOR Use Code STORES/1 S (001100) Market Area 570 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for specific zoning information. Froperty & Assessment Values Mkt Land Value cnt: (1) $120,409.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (2) $53,244.00 XFOB Value cnt: (5) $9,191.00 Total Appraised Value $182,844.00 Sales History Page 1 of 3 2017 Certified Values Parcel List Generator 2017 TRIM (pdf) GIS Aerial Retrieve Tax Record Property Card OM:eraptI a GIS Map Print Search Result: 1 of 1 140 210 284 3S0 424 490 ft 2017 Certified Value Just Value $182,844.00 Class Value $0.00 Assessed Value $182,844.00 Exempt Value Moo Total Taxable Value $182,844.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page Inst. Type Sale VImp Sale Qual Sale RCode (Code List) Sale Price http://okeechobeepa.com/GISv1/D_SearchResults.asp 0. 1/30/2018 D SearchResults Page 2 of 3 2/1/1995 365/691 WD I U 03 $0.00 12/1/1980 238/1825 WD I Q 1296 $54,000.00 4/13/1964 80/875 WD V Q 970 $0.00 Bldg Sketch BldgBldg Item Desc Year Blt Base S.F. Total S.F. Bldg Value Show Sketch 1 STORE LC (004101) 1979 681 1296 $23,405.00 Show Sketch 2 NBHD CENTR (003800) 1982 850 970 $29,839.00 `Bldg Desc determinations are used by the Property Appraisers office solely for the purpose of determining a property's Just Value for and should not be used for any other purpose. ad valorem tax purposes LA ica + ia 64 Out - ( Show Codes ) Code Desc Year Blt Value Units Dims Condition (% Good) ASPH 2 COM SLB WL 2008 $7,050.00 0005036.000 0 x 0 x 0 PD (070.00) CONC B COM SLB WL 1973 $576.00 0000505.000 0 x 0 x 0 PD (050.00) FENC P 6'1/2"PINE 1999 $91.00 0000032.000 0 x 0 x 0 PD (050.00) CONC I BUMPERS 2006 $44.00 0000004.000 0 x 0 x 0 PD (080.00) CONC B COM SLB WL 2015 $1,430.00 0000627.000 28 x 22 x 0 PD (100.00) .41:1111da.d :Wa.uLti1.+4rd Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067EPA E CRK-CTY (MKT) 0026522.000 SF - (0000000.608AC) 1.00/1.00/1.00/1.00 $4.54 $120,409.00 Okeechobee County Property Appraiser Search Result: 1 of 1 updated: 1/18/2018 This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e-mail addresses are public record. If you do not want your e-mail address released in response to a public -records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. © Okeechobee County Property Appraiser 1 Mickey L. Bandi - Okeechobee, Florida - 863-763-4422 by: GrizzlyLogic.com http://okeechobeepa.com/GISvl /DSearchResults.asp 1/30/2018 N2 487E3 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763.3372 JCW- 00 20 18 RECEIVED from V an f icui g vct , 1 ne f 'e hcid.rect Me a s c c4 °61/ex) S p icd, Pt -h • -r $ 61)bmc - I a13ILI- 100 Dollars perry BLume-ttc CLERK 1\' WGI. VIA: Courier TRANSMITTAL LETTER TRANSMITTING: Applications Checkers-Okeech. TO: Patty Burnette City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, FL 34974-2903 DATE: January 30, 2018 PHONE NO: PROJECT NAME: Checkers- City of Okeechobee PROJECT NO: WGI NO: SUBJECT: Checkers Okeechobee- Special Exception Use Application THESE ARE TRANSMITTED: COPIES DATE DESCRIPTION 1 1/30/18 1 1/30/18 3 1/30/18 1 1/30/18 Special Exception Use Application Justification Statement Surveys/ Site Plan/ Architectural PlansiCivi 1 pian/t,sr+elScaPSC Plan Check $500.00 (#101314 ) COMMENTS: Patty, Please find enclosed the Special Exception Use Application Package for Checkers -Okeechobee. Should you have any questions, please feel free to contact me at 561-713-1691. Thank you, COPIES TO: FILE: Wantman Group, Inc. 2035 Vista Parkway West Palm Beach, FL 33411 Phone: 561.687.2220 Fax: 561.687.1110 www.WG c.com BY: Ve onica Sanchez Planner M:\Marketing\Administration\FORMS\G.Jones Forms \ Transmittal Forms \ 2017 \ LDS Pin Transmittal 2017.docx NYLV INVESTORS, LLC, E0190222013-4 1 Nevada-register.com NYLV INVESTORS, LLC Page 1 of 5 X IA F&O Insult nce NAPA E&O for RIAs Lawsuits Can Be Financially Devastating. Will You Be Prepared? + (/1172532-nyly-investors-I I c? number=1172532&do=up) 0 - (/1172532-nylv-investors-I I c? n u m be r=1172532&d o=down) Business company NYLV INVESTORS, LLC is a legal entity registered under the law of State Nevada. Company is located in the register with the Company number E0190222013-4 and with the national number of State Nevada NV20131231794. This legal entity was firstly registered on 16th April 2013 under the legal form of Foreign Limited -Liability Company. Its registered agent is AUDREY LEVINSON with the seat at 7500 WEST LAKE MEAD BLVD 9-174, LAS VEGAS, 89128, NV licensed as Commercial Registered Agent. Current company's status is Active. Company information Company name NYLV INVESTORS, LLC Status Active Company number E0190222013-4 https://www.nevada-register.com/1172532-nylv-investors-11c 1/30/2018 NYLV INVESTORS, LLC, E0190222013-4 1 Nevada-register.com NV Business ID NV20131231794 Company type Foreign Limited -Liability Company Home state NY Incorporation Date 16th April 2013 List of Officers Due 30th April 2017 Business License Exp: 30th April 2017 Registered Agent Name AUDREY LEVINSON (/agent/76514-audrey-levinson) Address 7500 WEST LAKE MEAD BLVD 9-174 City LAS VEGAS State NV Zip 89128 Mailing State NV Agent Type Commercial Registered Agent Page 2 of 5 The company NYLV INVESTORS, LLC is managed by 4 persons in total. The persons responsible for business activities are ELI APLEBAUM with the seat at 226 W 47TH STREET 6TH FLOOR, NEW YORK, 10036, NY as Manager, ELI APLEBAUM with the seat at C/O TRIUMPH GRP, 1271 6TH AVE., 39TH FL, NEW YORK, 10020, NY as Manager , GERALD BARAD with the seat at 226 W 47TH STREET 6TH FLOOR, NEW YORK, 10036, NY as Manager , GERALD BARAD with the seat at CIO TRIUMPH GRP, 1271 6TH AVE., 39TH FL, NEW YORK, 10020, NY as Manager . Manager https://www.nevada-register.corn/1172532-nylv-investors-11c 1/30/2018 NYLV INVESTORS, LLC, E0190222013-41 Nevada-register.com Page 3 of 5 Name ELI APLEBAUM (/person/eli-aplebaum) Address 226 W 47TH STREET 6TH FLOOR, NEW YORK, 10036, NY Manager Name ELI APLEBAUM (/person/eli-aplebaum) Address C/O TRIUMPH GRP, 1271 6TH AVE., 39TH FL, NEW YORK, 10020, NY Manager Name GERALD BARAD (/person/gerald-barad) Address 226 W 47TH STREET 6TH FLOOR, NEW YORK, 10036, NY Manager Name GERALD BARAD (/person/gerald-barad) Address C/O TRIUMPH GRP, 1271 6TH AVE., 39TH FL, NEW YORK, 10020, NY Okeechobee, FL: This Brilliant Company Is Disrupting A $200 Billion Industry 0 EVER!OTE All data on website has informational character only and are taken from publicly available sources. 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All rights reserved. https://www.nevada-register.com/1172532-nylv-investors-11c 1/30/2018 Staff Report Special Exception Request Checkers Fast Food Restaurant w/Drive-through Service (100 SE 8th Av.) Prepared for: The City of Okeechobee Applicant: NYLV Investors LLC Petition No.: 18 -001 -SE 137 Jackson Sheet # 206 Fort Myers, FL 33901 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE General Information Owner Owner Address Applicant Applicant Address Site Address Contact Person Contact Phone Number Email Address Carl Lee Windham Jr. P.O. Box 2743 Tallahassee, Florida 32316 NYLV Investors LLC 2000 Palm Beach Lakes Blvd., Suite 205 West Palm Beach, FL 33409 100 SE 8th Avenue Lindsay Libes (Agent) 561-537-4542 or 561-687-2220 Lindsay.Libes@wginc.com Future Land Use Zoning District Use of Property Existing Commercial CHV, Heavy Commercial Former retail store and tax office Acreage (per survey) 27,980 sf (0.642 acre) Proposed Commercial CHV, Heavy Commercial Checkers Fast Food Restaurant with Drive- through Service 27,980 sf (0.642 acre) Legal Descri •tion of Propert Location: 100 SE 8th Avenue, Okeechobee, FL Parcel Identification Number: 3-22-37-35-0260-00000-0010 LOTS 1, 2 and 3 TAYLOR CREEK MANOR, a subdivision according to the plat thereof recorded in Plat Book 3, Page 4, of the public records of Okeechobee County, Florida, LESS and EXCEPT right of way for State Road 70, and land described in Official Records Book 217, Page 175 of the public records of Okeechobee County. Item Before the Board of Ad'ustment The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for a Checkers fast food restaurant with drive-through service on the 0.642 -acre property located at 100 SE 8th Avenue, at the southwest corner of SR 70 and SE 8th Avenue. 1 planning Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE Descri •tion of the Situation The two buildings on the property (one formerly a retail use and the other was a tax preparation office) are slated for demolition. They will be replaced by a 912 square foot Checkers brand fast food restaurant building also providing 239 square feet of outdoor dining space. The property is designated Commercial on the Future Land Use Map (FLUM) and CHV, Heavy Commercial on the Zoning Map. The property is bounded on the north by the SR 70; by a single-family home on the south; by SE 8th Avenue and the Northshore Plaza Shopping Center on the east, and Taylor Creek on the west. According to the preliminary site plan accompanying the Application, the proposal includes drive-up/thru food and beverage service with 239 square feet of patio providing three outdoor dining tables seating a total of 12 persons. Twelve parking spaces, including one designated for the handicapped, are available to accommodate the anticipated 3 — 7 employees during the various shifts and walk up customers or those who choose to eat in the outdoor dining area. Hours of operation will be from 10am to 4am, seven days -a -week. • FLUI. North East Future Land Use Map Zoning District Existing Land Use Future Land Use Classification Zoning District •riE.'i1r[ai1ran mum • Existing Land Use Future Land Use Classification Zoning District Existing Land Use Future Land Use Classification West Zoning District Existing Land Use Commercial to the north and northeast across SR 70. CHV, Heavy Commercial to the north and northeast across SR 70. MH park and MH sales and Cowboy's restaurant and other commercial uses to the north and northeast across SR 70. Commercial CHV, Heavy Commercial Northshore Plaza Shopping Center across SE 8th Avenue. Single -Family Residential RMF, Residential Multiple Family Single-family home Taylor Creek, then Single -Family Residential Taylor Creek, then CHV, Heavy Commercial Taylor Creek, then Vacant lot LaRue ptaLrI ng 2 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -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. The Applicant has provided brief comments to each of the required findings. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments follow and are shown in bold Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. "The site is located at the southwest corner of State Road 70 and SE 8th Ave and retains a FLU designation of Commercial and Zoning District of Heavy Commercial. The proposed restaurant use is permitted consistent with the Section 90-283 of the City of Okeechobee's Land Development Regulations. Pursuit to Section 90-283, a drive-through service is permitted in the CHV district after the issuance of a special exception use petition. The subject site is appropriate for the proposed Checkers fast food restaurant with a drive- through service as similar operations are adjacent to the subject site. The following is a summary of the uses surrounding the site: NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. EAST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Furniture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. WEST: Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial." planning 3 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE It is true that the site is zoned CHV and that drive-through service is allowed as a special exception. However, there are no truly similar uses adjacent to the subject property. Most of the uses in the vicinity are commercial uses, all the nearby fast food restaurants with drive-through service are located between 400 and 500 feet to the west and east along SR 70. Specifically, Burger King is a little under 500 feet to the west, Popeyes is a bit over 400 feet to the east and Zaxby's is a little under 600 feet to the east. All are located on the south side of SR 70 and have access to/from SR 70, but none are on a corner lot. However, we find it questionable whether the site is appropriate for the intended use based on a number of the factors which are discussed in the following sections — primarily (a) the wisdom or ability to obtain ingress and/or egress from SR 70 with the approval from FDOT Access Management remaining in question at this time; and (b) the capability of avoiding undue negative impacts upon the adjoining residential property to the south. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "The proposed development of a fast food restaurant with a drive-through service lane, known as Checkers Restaurant, is compatible and consistent with the existing FLU designation of Commercial and Zoning District Heavy Commercial. The land uses immediately surrounding the site are consistent with the proposed use as they are commercial in nature, with similar or greater intensities. The proposed 1,151 SF Checkers Restaurant with a drive-through service (including 239 SF of outdoor dining) is located provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. It is the intent of the applicant to propose a design that is compatible with the existing commercial developments within the area, while maintaining the prototype appearance of the Checkers brand." This standard is to ensure that the structures are not uncharacteristically high, or overly massive with respect to nearby uses. Since the proposed facility is typically of limited height and size, Staff foresees no specific design efforts in this regard. This standard is also intended to ensure that noise, odors, or glare from lights do not adversely affect adjacent properties. This is particularly important when a business is open late into the nighttime or early morning hours. LaK�� planning 4 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (3) Nighttime use of loudspeakers for taking orders or playing music is particularly inappropriate close to residential uses. The menu board, which presumably will make use of a loudspeaker for order taking, is just about 40 feet from the residence to the south. In addition, the exit lane from the parking lot is on the south side as is the loading zone, which is separated from the south property line by just the minimum required two -foot landscape strip. The dumpster is also located in this area. Loading zones and dumpster locations should not be located near residential properties. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "The proposed 1,151 SF Checkers Restaurant with a drive-through service (including 239 SF of outdoor dining) provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands." Both visual and noise screening should be provided along the south property line, or the site should be redesigned to minimize noise and glare from lights of southbound vehicles exiting the parking lot or entering the drive-through service area, particularly considering the late night operating hours. The loading zone, which may be serviced by large trucks or semi's, should not be located immediately adjacent to the residential use to the south, and neither should the dumpster area. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "There are two points of access from State Road 70 and SE 8111 Ave that provide both ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the two exits. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. Additionally, the proposed development provides a 10' landscape buffer along right-of-ways of State Road 70 and SE 8th Ave and a 2' buffer around the perimeter of the property line, which will minimize adverse effects, including visual impact and the intensity of the proposed use towards the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south." �a(Zue planning 5 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (5) Traffic and access issues will be addressed under Standard 6 of this section. We agree that the location of the outdoor dining area and the parking locations minimize the negative impacts of these aspects upon the property to the south. However, the dumpster and the loading zone, being so close to the adjoining residential property, are examples of insensitivity to the occupants and owners of the property to the south. Demonstrate how the utilities and other service requirements of the use can be met. "There is an existing 12" water main in NE Park Street and a 6" water main in SE 8th Avenue. The existing site is serviced from a water line with a 3/4" water meter from the 6" water main in SE 8th Avenue. The proposed development will continue to utilize the existing service to serve the proposed building. There is an existing 8" force main in NE Park Street and a 6" force main in SE 8th Avenue which comes from an existing lift station approximately 500 feet to the south of the site. Per discussion with Okeechobee Utility Authority, the proposed development would include the construction of gravity sewer from the site through the SE 8th Avenue right of way to tie into an existing manhole approximately 350 feet to the south which feeds into the nearby existing lift station. There is an existing overhead power pole on the east side of the property that serves the existing buildings. This power pole could serve the proposed building. The survey located a buried AT&T line in the SE 8th Avenue right of way on the west side of the road which could serve the proposed building if needed." We fully expect that utilities are available, and the adequacy and specifics of these facilities will be addressed during the site plan stage (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "There are two points of access from State Road 70 and SE 8TH Ave that provide both ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the two exits. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community." Mr. Juan Ortega the Traffic Engineer, JFO Group Inc., who prepared the traffic analysis has concluded that no Traffic Impact Statement is necessary. We agree with this conclusion, because the project will clearly result in a net increase in peak hour traffic of Tess than 100 vehicle trips over that generated by the existing uses on the property. Mr. Ortega's analysis indicated a net increase of 30 vehicle trips in the peak hour. planning 6 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE There remains one major issue of concern at this point. The FDOT requires a minimum distance of 125 feet for a driveway from a signalized intersection. The existing driveway cut on the property is considerable less than this. I believe its somewhere between 60 and 80 feet, and therefore does not meet the minimum requirement. Mr. Ortega will be meeting with the Access Management committee on March 13 to discuss to what extent, if any, the FDOT will permit access or egress to/from SR 70 via the existing driveway cut. At this point, the issue remains open and I must assume such access will not be available and vehicles will be entering and leaving the Checkers only via SE 8th Avenue. Section 70-373(c) (1) — 8 When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1)-(8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments follow and are shown in bold Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "The proposed 1,151 SF Checkers Restaurant with a drive-through service (including 239 SF of outdoor dining) is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including the standards for building and structural intensity and density, and intensity of use. The current FLU designation for the subject property is Commercial with a CHV Zoning designation. These are consistent and compatible future land use and zoning designations." We agree that a restaurant with drive-thru service is a commercial use contemplated within the Commercial Future Land Use Category and is consistent with the Comprehensive Plan. (2) The use is specifically authorized as a special exception use in the zoning district. "Pursuit to Section 90-283, a drive-through service is permitted in the CHV district after the issuance of a special exception use petition. The proposed development request is located within the CHV district and proposes a Checkers Restaurant with a drive-through service. Thus, the special exception use request is required for the proposed site." We agree. Drive-through service is specifically listed as an allowable Special exception use in the CHV District. LaK'c planning 7 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (3) The use will not have an adverse effect on the public interest. "The proposed Checkers Restaurant with a drive-through service will not have any adverse effects on the public interest. The Checkers franchise operates as a national chain and will provide precise food services to all participating customers of the City of Okeechobee." At this point the question of the project's effect upon the public interest lies chiefly in the unresolved issue of ingress and egress and how this may impact the convenience and safety of the traveling public. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "The subject site is suited for the proposed Checkers restaurant with a drive-through service as the Checkers restaurant will replace the existing two both buildings that no longer provide service. The site is located at the southwest comer of State Road 70 and SE 8th Ave and retains a FLU designation of Commercial and Zoning District of Heavy Commercial. The proposed restaurant use is permitted consistent with the Section 90-283 of the City of Okeechobee's Land Development Regulations. The Checkers restaurant will not be detrimental to urbanizing land use patterns as similar operations are adjacent to the subject site. The following is a summary of the uses surrounding the site:" NORTH: Immediately north of the subject site is State Road 70 right-of-way. Just north of State Road 70 is a residential mobile home park, known as River Run Resort. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial within the City limits of Okeechobee. SOUTH: Immediately to the south of the subject site is a 1,524 SF single-family residential home located within a parcel total acreage of .534. This property retains a FLU designation of Single- Family Residential and a Zoning District of Residential Multiple Family within the City limits of Okeechobee. EAST: Immediately east to the subject site is SE 8th Ave right-of-way. Further east of SE 8th Ave is a commercial plaza, known as Northshore Plaza. The development consist of commercial/ retail uses including the major uses of Sherwin -William Paints, Bravo Supermarket, Air conditioned Coin Laundry, and Royal's Fumiture. The property retains a FLU designation of Commercial and a Zoning District of Heavy Commercial WEST: Immediately to the west of the subject site is a body of water, known as Taylor Creek. Further west is a 2,728 SF Fast food restaurant with drive through service, known as Burger King. This area retains a FLU designation of Commercial and a Zoning District of Heavy Commercial. LaK ptanning 8 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (5) It is true that the site is zoned CHV and that drive-through service is allowed as a special exception. However, there are no similar uses adjacent to the subject property. While most of the uses in the vicinity are commercial uses, none of the nearby fast food restaurants with drive- through service are adjacent to the subject. Rather, they are located between 400 and 500 feet to the west and east along SR 70. Specifically, Burger King is a little under 500 feet to the west, Popeyes is a bit over 400 feet to the east and Zaxby's is a little under 600 feet to the east. All are located on the south side of SR 70 and have access to/from SR 70, but none are on a corner lot. We find it questionable whether the site is appropriate for the intended use based on a number of the factors which were discussed in the previous sections of this Staff Report — primarily (a) the wisdom or ability to obtain ingress and/or egress from SR 70 with the approval from FDOT Access Management remaining in question at this time; and (b) the capability of avoiding undue negative impacts upon the adjoining residential property to the south. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The proposed Checkers Restaurant will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Land uses immediately surrounding the site are consistent with the proposed use as they are commercial in natural, with similar or greater intensities. The proposed Checkers is compatible and consistent with the existing FLU designation of Commercial and Zoning District Heavy Commercial." Unless safe, adequate and convenient access can be provided to the pro- posed use, and the residential property to the south can be protected from the likely effects of the use as proposed, I believe the living condition on the adjoining residential property will be adversely affected. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "The proposed commercial development of the Checkers Restaurant provides the required 2 feet buffer which will minimize adverse effects, including visual impact and intensity of the proposed use on the adjacent lands. The parking, point of service, and outdoor dining area have been logically located towards the northwestern and northeastern portions of the site in order to mitigate adverse impacts towards the residential uses to the south. It is the intent of the applicant to propose a design that is compatible with the existing commercial developments within the area, while maintaining the prototype appearance of the Checkers brand." LaR' planning 9 Staff Report NYLV Investors LLC Special Exception Request Petition No. 18 -001 -SE (7) Both visual and noise screening should be provided along the south property line or the site should be redesigned to minimize noise and glare from the lights of vehicles exiting the parking area or entering the drive- through service lane, particularly because of the proposed late-night operating hours. The loading zone, which may be used by Targe trucks or semi's, should not be located immediately adjacent to the residential use to the south, and neither should the dumpster area. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The proposed Checkers Restaurant will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The proposed Checkers operates a quick food service that will not sustain density for long periods of time. The site retains a FLU designation of commercial and a Zoning district of Heavy Commercial. Therefore, proposed use of a restaurant is permitted and is compatible with the surrounding commercial developments. Density is not an issue with a commercial use and the proposed fast-food restaurant with drive-through service and outdoor seating for 12, while increasing traffic, should not have a significant negative effect upon public services or facilities if the question of vehicular ingress and egress is resolved. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed Checkers operates a quick food service that will not sustain density for long periods of time. There are two points of access from State Road 70 and SE 8°i Ave that provide both ingress and egress options. An additional by-pass lane is provide in order to mitigate traffic away from the point of service and towards the two exits. The existing 6' sidewalk will have an additional 10' ROW buffer around the site in order to ensure the public welfare of the community. Therefore, will not create traffic congestion, flooding or draining problems, or affect public safety." At this time neither the ability nor wisdom of gaining access from and/or egress to SR 70 has been determined. Flooding and drainage problems are not expected but, if the Special Exception is approved, these issues will be specifically addressed during the site plan review. 10 planning Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE Recommendation Based upon the foregoing analysis and findings, Staff recommends that Petition Number 18 -001 -SE be either denied or postponed until the applicant can confirm the means of access and egress and address protections for the adjoining residential property from expected negative impacts associated with operation of the proposed use. In the alternative, should the Applicant provide sufficient information at the meeting to convince the Board of Adjustment that adequate, safe and convenient ingress and/or egress can be provided via SR 70 and/or SE 8th Avenue to accommodate the anticipated traffic, I would suggest such approval be conditioned upon the following stipulations being considered during the site plan review: 1. While there is no requirement for a loading zone for a business with less than 5,000 square feet of floor area, if one is provided it should not be located adjacent to the residential property immediately to the south. Rather it should either be relocated or moved back and suitably screened and buffered from the residential property to the south. 2. The loudspeaker ordering location should be relocated or suitably buffered to prevent a noise nuisance to the adjoining residential property to the south. 3. Dense vegetative screening or a fence should be erected along the south property line to buffer the adjoining residential property and block glare from the lights of vehicles entering and leaving the parking area or entering the drive-through service area during nighttime hours. 4. The operating hours of the proposed Checkers should be more in line with those of other fast-food restaurants with drive-through service. Specifically, we suggest a closing time of 12am. Only two fast food restaurants in Okeechobee with drive-through service are open later than this. These are McDonalds (open 24 -hours) and Wendy's (open until 1 am) and neither of these have operations anywhere as close to a residential area as is proposed by in this application. Submitted by: 2' rte.. Wm. F. Brisson, AICP Planning Consultant March 7, 2018 Board of Adjustment Hearing: March 15, 2018 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses p LaKo, anniing 11 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE fr FUTURE LAND USE MAP SUBJECT SITE AND ENVIRONS COMPREHENSIVE PLAN LAND USE 1 _ 1 SINGLE - FAMILY - MULTI - FAMILY COMMERCIAL INDUSTRIAL r PUBLIC FACILITIES LRESIDENTIAL MIXED USE 1 Lakue, ptanr>iinlg 12 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE ZONING MAP SUBJECT SITE AND ENVIRONS ZONING - CBD- COMM BUSINESS DISTRICT - CHV- HEAVY COMMERCIAL CLT - LIGHT COMMERCIAL - COMM PROFESSIONAL OFFICE '/, 'i -HOLDING IND - BIDUP.TRIAL RUB - PUBLIC FACILITIES ?UD -MIXED ?UD -R - RMF R=_ SIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOME RSFI - RESIDENTIAL SINGLE FAMILY RBF2 - RESIDENTIAL SINGLE FAMILY '2 .IKI I� planning 13 Staff Report Special Exception Request NYLV Investors LLC Petition No. 18 -001 -SE EXISTING LAND USE SUBJECT SITE AND ENVIRONS NORTHI J$'Tteftpc4i RestatiFant 0'! River Run Resort MHP it , r k_L___ d cry `---s i''r `i i 1 II.. 40 077/,j ";.1 105 3,.. '- r, 1 1 Mobile Home Sales 0111111 .•F 3r5 • *1.0'.* Zaxbvs sr lJj • 365:" r LaRue ('atilt 14 Patty Burnette From: Patty Burnette Sent: Monday, June 11, 2018 1:16 PM To: Chad Riddle (Chad.Riddle@wginc.com); Lindsay.Libes@wginc.com Cc: Veronica Sanchez (Veronica.Sanchez@wginc.com) Subject: Special Exception Petition No. 18 -001 -SE Attachments: PB Minutes 051718.pdf Good Afternoon Chad and Lindsay. This email is to officially advise you that the Board of Adjustment at its regular meeting on May 17, 2018, approved your request to allow drive-through service within a Heavy Commercial Zoning District, Ref. Sec. 90-283(1), for Lots 1 through 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, Public Records of Okeechobee County, containing approximately 0.608± acres and located at 100 Southeast 8th Avenue with the following special conditions: Move the dumpster away from the residential area as practical as possible to the North; a specific barrier running East to West along the South property line is needed to reduce noise and light, to design the parking and driveway area so as to no backing out onto Southeast 8th Avenue; the width of the drive isle lane between parking spaces needs to increase from 16 to 20 feet. There are two important timelines you need to be aware of regarding Special Exceptions. Per Sec. 70-348(4) of the City Land Development Regulations, Special Exception use; variance. Special Exception use and variance approvals shall have a valid period of not more than two years, prior to which a building permit application must be submitted or the approval shall lapse. Per Sec. 70- 373(f), Nonuse. If the special exception use granted by the board of adjustment should fail to exist or fail to be used for a continuous period of 180 days, then such use shall lapse and the current owner be required to reapply as provided in this division. In case of hardship, where the loss of such special exception would materially affect the integrity of any mortgage or other financing arrangement on the subject real property, the board of adjustment may consider such hardship in granting a renewal of such special exception. Attached herewith please find a copy of the May 17, 2018 Board of Adjustment minutes for your records. Should you have any questions, please just let me know. Thank you, Patty 1 Patty M. 13vte, e, Cj. enerafServices Coordinator City of Okeechobee ss Southeast 3rd Avenue Okeechobee, 'FL 34974 Teh 863-763-3372 Direct: 863-763-982o 'Fax: 863-763-1686 e-mail: yburnette@cit yofoIeechobee.com -website: www.cityolokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 2 Patty Burnette From: Sent: To: Cc: Subject: Chad Riddle <Chad.Riddle@wginc.com> Tuesday, May 15, 2018 1:39 PM Patty Burnette; Lindsay Libes Adam Schildmeier RE: May 17, 2018 Board of Adjustment Meeting It will be Adam Schildmeier and myself.LL t me know if you have any questions — Thanks. WGL 5 0 E500 Chad Riddle ASLA, ISA Senior Designer Chad.Riddle@wainc.com t.561.687.2220 1)51.687.1110 From: Patty Burnette[mailto:pburnette@cityofokeechobee.com] Sent: Tuesday, May 15, 2018 11:10 AM To: Lindsay Libes <Lindsay.Libes@wginc.com>; Chad Riddle <Chad.Riddle@wginc.com> Subject: FW: May 17, 2018 Board of Adjustment Meeting Importance: High Good Morning. was just checking to see who would be attending the meeting this Thursday. Thank you, Patty Pafty M. 6s -'H' GenerafServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, ('E 34974 gel 863-763-3372 Direct: 863-763-9820 Patty Burnette From: Patty Burnette Sent: Thursday, May 10, 2018 11:05 AM To: Lindsay.Libes@wginc.com; Chad Riddle (Chad.Riddle@wginc.com) Cc: Veronica Sanchez (Veronica.Sanchez@wginc.com) Subject: May 17, 2018 Board of Adjustment Meeting Attachments: Agenda May 2018.pdf; 18 -001 -SE Staff Rpt for 5-17-18 BOA mtg.pdf Importance: High Good Morning, Please be advised that the City of Okeechobee Board of Adjustment will be considering Special Exception Petition No. 18 -001 -SE, which is continued from the March 15, 2018, Meeting to allow drive-through service within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(1)) for Lots lthrough 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, Public Records of Okeechobee County, containing approximately 0.608± acres and located at 100 SE 8th Avenue on Thursday, May 17, 2018 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers. A copy of the Board of Adjustment Agenda is attached, along with a copy of the Staff Report. Should you have any questions, or if you, or a representative, cannot attend this meeting please let me know. Thank you, Patty Patty M. 6v-it-Kt/tit/ general Services Coordinator City of Okeecholee 55 Southeast 3rd Avenue Okeechobee, EL 34974 gra 863-763-3372 Direct: 863-763-982o 1 ''ax: 863-763-1686 e-mail yburnette@cit1ofokeechoLee.com -website: www.cityofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 2 18-001-9F Patty Burnette From: Sent: To: Cc: Subject: OK. I will plan on being there. Susan E. O'Rourke, P.E. President Susan O'Rourke <seorourke@comcast.net> Wednesday, May 09, 2018 11:01 AM 'Bill Brisson' Patty Burnette; Marcos Montes De Oca; Robin Brock RE: My draft Staff report incorporating your comments and findings Susan E. O'Rourke, P.E., Inc. now DBA O'Rourke Engineering & Planning 969 SE Federal Highway Suite 402 Stuart, FL 34994 www.ORourkeEngineering.com 772 781 7918 561 350 8738 c From: Bill Brisson <bill@larueplanning.com> Sent: Tuesday, May 08, 2018 10:39 PM To: 'Susan O'Rourke' <seorourke@comcast.net> Cc: 'Patty Burnette'<pburnette@cityofokeechobee.com>;'Marcos Montes De Oca' <mmontesdeoca@cityofokeechobee.com>; 'Robin Brock' <rbrock@cityofokeechobee.com> Subject: RE: My draft Staff report incorporating your comments and findings Re-abrvo-ikb =-6{ VtaL( rlao18 so A rYlffe. ruj Susan, Thanks for the quick reply. I wanted to make sure 1 accuratelyportaryd your findings. I will be finalizing the Staff Report and sending it tomorrow to Patty Burnette, General Services Coordinator for Okeechobee, for forwarding to the Applicant and distribution to the Board of Adjustment for the Public Hearing at 6pm on May 17th I will copy you on the final report. While I can see that SE 8th Av. can accommodate the full access, the potential inability of Checkers to control the delivery times; the necessity of posting signage limiting trucks larger than 23' in length from entering the site during business hours (which Checkers may also be unable to control); coupled with the nuisance factors of noise generated by the loud speaker and odors from the dumpster right next to an existing residence are all elements that give me concern over whether this site is actually suitable for the proposed use. At this point I believe, as we previously discussed, it may be helpful if you were to be in attendance at the meeting, just in case. W. F. 13rissovt, A1CP Senior Planner 1 �a Rue planning 1375 Jackson 5t #206, tort Myers, rL 33901 239-334--3366 bill@larueplanning.com Direct Lime: 239-204-5283 From: Susan O'Rourke <seorourke@comcast.net> Sent: Tuesday, May 8, 2018 2:03 PM To: 'Bill Brisson' <biil a@larueplanning.com> Subject: RE: My draft Staff report incorporating your comments and findings Hi Bill, I responded to your final question in this doc. I think you summarized my findings as intended. I did send the final auto -turn where they confirmed that up to 23 foot delivery van could make the u -turn. Thanks. Susan. Susan E. O'Rourke, P.E. President Susan E. O'Rourke, P.E., Inc. now DBA O'Rourke Engineering & Planning 969 SE Federal Highway Suite 402 Stuart, FL 34994 www.ORourkeEngineering.corn 772 781 7918 561 350 8738 c From: Bill Brisson <bill@larueplanning.com> Sent: Monday, May 07, 2018 4:40 PM To: 'Susan O'Rourke' <seorourke@comcast.net> Subject: My draft Staff report incorporating your comments and findings Good afternoon Susan, I have attached my draft Staff Report. Please look over anything that is highlighted. These are sections I have included as a result of your Traffic Analysis. I haven't proofed the document yet but would appreciate your comments and suggestions. I will be in and out all day in meetings at Holmes Beach but will be finalizing the Report Wednesday morning (including any changes necessary as a result of additional information you requested from Checkers). 2 f I look forward to your comments and appreciate everything you have done. Thanks. 131(1 Wm. F. Srissovt, AICP Senior Plav►vter LaRue planning 1 37) Jackson 5t #206, tort Myers, L 33901 239-331--3366 bill@larueplanning,.com Direct Line: 239 -204-5283 Patty Burnette From: Susan O'Rourke <seorourke@comcast.net> Sent: Wednesday, May 02, 2018 1:26 PM To: 'Chad Riddle'; 'Bill Brisson' Cc: Patty Burnette; Marcos Montes De Oca Subject: RE: RE: Okeechobee Application 18 -001 -SE, Special Exception for Checkers fast-food, drive-through, restaurant 10:30 am I Fed Ex delivery window, that works for me. Susan E. O'Rourke, P.E. President Susan E. O'Rourke, P.E., Inc. now DBA O'Rourke Engineering & Planning 969 SE Federal Highway Suite 402 Stuart, FL 34994 www.ORourkeEngineering.com 772 781 7918 561 350 8738 c From: Chad Riddle <Chad.Riddle@wginc.com> Sent: Wednesday, May 02, 2018 1:25 PM To: Bill Brisson <bill@larueplanning.com> Cc: 'Susan O'Rourke' <seorourke@comcast.net>; 'Patty Burnette' <pburnette@cityofokeechobee.com>; 'Marcos Montes De Oca' <mmontesdeoca@cityofokeechobee.com> Subject: RE: RE: Okeechobee Application 18 -001 -SE, Special Exception for Checkers fast-food, drive-through, restaurant Good Afternoon Bill - have completed all the revisions and I'm overnighting the documents today. It will get to you and Susan by May 3rd 10:30am. Please confirm that this is acceptable. Thank you. W WGL Chad Riddle ASLA, ISA Senior Designer Chad.Riddle@wqinc.com t.561.687.2220 t.5b1.687.1110 From: Bill Brisson [mailto:bill@larueplanning.com] Sent: Monday, April 30, 2018 5:24 PM To: Chad Riddle <Chad.Riddle@wginc.com> Cc: 'Susan O'Rourke' <seorourke@comcast.net>; 'Patty Burnette' <pburnette@cityofokeechobee.com>; 'Marcos Montes 1 Patty Burnette From: Bill Brisson <bill@larueplanning.com> Sent: Monday, April 30, 2018 5:24 PM To: 'Chad Riddle' Cc: 'Susan O'Rourke'; Patty Burnette; Marcos Montes De Oca Subject: RE: RE: Okeechobee Application 18 -001 -SE, Special Exception for Checkers fast-food, drive-through, restaurant Chad, Everything by 10 am May 3rd, so the Traffic Engineer can complete her review and report and get it to me by 10 am May 7th so I can review it and put it in the Staff Report and get the Staff Report to Patty Burnette by 2pm May 9th for copying and distribution to the Board of Adjustment May 10, one week before the April 17th Public Hearing. I'm hoping this works and no complications arise. You are cutting everything very short. Hill W. F. Brisson, AICP Senior Plavwvter Lakuc planning 1 )75 Jackson 5t #206, tort Myers, �1__. 55901 2)9-55+-3366 bill@larueflanning.com Direct Line: 239-204-5283 From: Chad Riddle <Chad.Riddle@wginc.com> Sent: Monday, April 30, 2018 3:51 PM To: Bill Brisson <bill@larueplanning.com>; 'Juan F. Ortega' <juan.ortega@jfogroupinc.com> Cc: 'Patty Burnette' <pburnette@cityofokeechobee.com>; 'Marcos Montes De Oca' <mmontesdeoca@cityofokeechobee.com> Subject: RE: RE: Okeechobee Application 18 -001 -SE, Special Exception for Checkers fast-food, drive-through, restaurant Bill - I'm reviewing the information now. When do you need this additional information? WGI. Chad Riddle ASLA, ISA Senior Designer Chad.Riddle@wainc.com t.561.687.2220 r561.687.1110 500 1 Patty Burnette From: Bill Brisson <bill@larueplanning.com> Sent: Monday, April 30, 2018 1:32 PM To: 'Juan F. Ortega'; 'Chad Riddle' Cc: Patty Burnette; Marcos Montes De Oca Subject: FW: RE: Okeechobee Application 18 -001 -SE, Special Exception for Checkers fast-food, drive-through, restaurant Original Message From: Susan O'Rourke <seorourke@comcast.net> To: 'Bill Brisson' <bill@larueplanning.com> Date: April 30, 2018 at 11:42 AM Subject: RE: Okeechobee Application 18 -001 -SE, Special Exception for Checkers fast-food, drive-through, restaurant Hi Bill, In your email to the applicant you requested several items. I have outlined and provided my comments or request for more information. Entry and exiting traffic (provided via trip generation in the TIA) 1. Stacking — some information provided. The driveway HCS was provided and a comment was made that they observed only 3 vehicles in the NBL queue. This information needs to be documented. There are traffic counts but no queue data. HCS for the intersection of SR 70 and 8th is needed to assess the function of that driveway and its relationship to the intersection and SR 70. Also, we will need information on stacking at the drive-thru. 2. Interior circulation for both drive-thru and parking ( no details, auto turn would be good) 3. Access and egress for deliveries and loading zone- auto turn would be good demonstration of acceptable circulation. If you can request the missing data that would be great. Susan E. O'Rourke, P.E. President Susan E. O'Rourke, P.E., Inc. now DBA O'Rourke Engineering & Planning 969 SE Federal Highway 1 Suite 402 Stuart, FL 34994 www.ORourkeEngineering.com 772 781 7918 561 350 8738 c Z From: Bill Brisson <bill@larueplanning.com> Sent: Wednesday, April 25, 2018 5:14 PM To: seorourke@comcast.net Cc: 'Marcos Montes De Oca' <mmontesdeoca@cityofokeechobee.com>;'Patty Burnette' <pburnette@cityofokeechobee.com> Subject: Okeechobee Application 18 -001 -SE, Special Exception for Checkers fast-food, drive-through, restaurant Susan, I am very glad you can assist us in reviewing the Traffic Analysis of the proposed Checkers. Per our earlier discussion, I have attached the following pertinent materials associated with the Application. These materials were submitted by WGI on behalf of the Applicant: Special Exception Application Justification Traffic Statement Site Plan I have also attached a copy of the e-mail I sent to the Applicant's Agent and Traffic Engineer on 4/13/2018 . 2 • As we discussed, the City is looking for an independent review of the Traffic Statement, so that we may arrive at a recommendation to the Board of Adjustment on the Special Exception. Specifically, we are most interested in your opinions as to the appropriateness of the assumptions, methodology, and conclusions, with respect to the items identified in the above referenced e-mail and any other factors you may consider important. My Staff report is due to the City no later than May 9th. Therefore, I would need your report on or before May 7th to incorporate your findings. I realize the time is short, but I appreciate your willingness to work with us on this. Please call or e-mail me if you need any additional information or have any questions. Thank you. 1311( Wm. F. Brisson, AICP Senior P1avtvier Kuc planning 1 373 Jackson 5t #206, fort Myers, rL 33901 239-334-3366 bill@larueplanning.com Direct Line: e: 23 q -204-5283 3 Patty Burnette From: Chad Riddle <Chad.Riddle@wginc.com> Sent: Friday, April 27, 2018 11:19 AM To: Bill Brisson Cc: Patty Burnette Subject: RE: Checker's - Okeechobee Good Morning Bill - I have left you a voicemail regarding your previous email. The site plan submittal package will be at your address at/or before 10:30am on Monday morning. Please call at your earliest convenience to discuss your questions concerning the pervious/ impervious areas. WGL Chad Riddle ASLA, ISA Senior Designer Chad.Riddle@wainc.com t.561.687.2220 f.561.687.1110 From: Bill Brisson [mailto:bill@larueplanning.com] Sent: Friday, April 27, 2018 10:41 AM To: Chad Riddle Cc: 'Patty Burnette' Subject: RE: Checker's - Okeechobee Chad, I received the files via Mimecast. When can I expect the full size plans at my house in Bradenton (2808 60`h Av., Apt. 504, Bradenton, FL 34207)? I will need to share at least the site plan with our traffic engineer. Also, the data sheet in the materials I received does not show the impervious and pervious square footages under the new scenario. I would assume these may have changed, at least somewhat, with the increase in the outdoor dining patio area and perhaps other changes I am unable to identify yet. How do these changes affect the surface water management calculations? Since the property is small, please show all areas in sf rather than acres. Give me a call. Look forward to hearing from you. (31(1 W. F. Brisson, AICP Senior Planner LaRue planning 1 375 Jackson 5t #206, t -ort Myers, t -L 55901 1 239-33+-3366 bill@larueplanning.com Direct Little: 23q -204-5283 From: Chad Riddle <Chad.Riddle@wginc.com> Sent: Wednesday, April 25, 2018 1:38 PM To: bill@larueplanning.com; Patty Burnette <pburnette@citvofokeechobee.com> Cc: Veronica Sanchez <Veronica.Sanchez@wginc.com>; Lindsay Libes (Lindsay.Libes@WantmanGroup.com) <Lindsay.Libes@WantmanGroup.com> Subject: Checker's - Okeechobee I'm using Mimecast to share Targe files with you. Please see the attached instructions. Patty - I have provided a link to download the submittal package for the City of Okeechobee staff review. The hard copies were picked up by the courier today at 1 pm and will be at your office by end of day today. Please confirm receipt of the hard copies when you receive them. When will the agenda be created for the BOA Hearing on May 17, 2018? Also What is the time and location that the BOA Hearing take place? Let me know if you have any questions — Thank you. WGI. Chad Riddle `\SLA, ISA Senior Designer Chad.Riddle@wginc.com 2035 Vista Parkway, West Palm Beach, FL 33411 t.561.687.2220 f.561.687.1110 www.wginc.com Etiol 2 Patty Burnette From: Susan O'Rourke <seorourke@comcast.net> Sent: Wednesday, April 25, 2018 5:27 PM To: 'Bill Brisson' Cc: Marcos Montes De Oca; Patty Burnette Subject: RE: Okeechobee Application 18 -001 -SE, Special Exception for Checkers fast-food, drive- through, restaurant Thank you. I will take a look and let you know if there are additional materials required. Is the traffic study that is attached, what they prepared in response to your email or are we expecting additional info? Susan. Susan E. O'Rourke, P.E. President Susan E. O'Rourke, P.E., Inc. now DBA O'Rourke Engineering & Planning 969 SE Federal Highway Suite 402 Stuart, FL 34994 www.ORourkeEngineering.com 772 781 7918 561 350 8738 c From: Bill Brisson <bill@larueplanning.com> Sent: Wednesday, April 25, 2018 5:14 PM To: seorourke@comcast.net Cc: 'Marcos Montes De Oca'<mmontesdeoca@cityofokeechobee.com>;'Patty Burnette' <pburnette@citvofokeechobee.com> Subject: Okeechobee Application 18 -001 -SE, Special Exception for Checkers fast-food, drive-through, restaurant Susan, I am very glad you can assist us in reviewing the Traffic Analysis of the proposed Checkers. Per our earlier discussion, I have attached the following pertinent materials associated with the Application. These materials were submitted by WGI on behalf of the Applicant: Special Exception Application Justification Traffic Statement Site Plan I have also attached a copy of the e-mail l sent to the Applicant's Agent and Traffic Engineer on 4/13/2018 . As we discussed, the City is looking for an independent review of the Traffic Statement, so that we may arrive at a recommendation to the Board of Adjustment on the Special Exception. Specifically, we are most interested in your 1 opinions as to the appropriateness of the assumptions, methodology, and conclusions, with respect to the items identified in the above referenced e-mail and any other factors you may consider important. My Staff report is due to the City no later than May 9th. Therefore, I would need your report on or before May 7th to incorporate your findings. I realize the time is short, but I appreciate your willingness to work with us on this. Please call or e-mail me if you need any additional information or have any questions. Thank you. Bill Ww►. F. Brisson, AICP Senior Plavtvter Lakue planning i 375 Jackson 5t 206, tort Myers, FL 3390 239-55+-3366 hiII@iaruepianning.com Direct Live: 239 -204-5283 2 59d q-ab-ig8,18/41 1Y WGI. TRANSMITTAL LETTER VIA: Courier TRANSMITTING: Plan Prints TO: Patty M. Burnette General Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, FL 34974 DATE: April 25, 2018 PHONE NO: 863-763-3372 PROJECT NAME: PROJECT NO: WGI NO: SUBJECT: Checkers - Okeechobee 2987.00 THESE ARE TRANSMITTED: COPIES DATE DESCRIPTION 5 4/25/18 Plans COMMENTS: COPIES TO: FILE: Wantman Group, Inc. 2035 Vista Parkway West Palm Beach, FL 33411 Phone: 561.687.2220 Fax: 561.687.1110 www.WGInc.com BY: Chad Riddle, ASLA M: \ Marketing\ Administration \ FORMS\ G.Jones Forms \ Transmittal Forms \ LDS ArchPln Transmittal 2016.docx Patty Burnette 14(A5 rQM 1 NI.CLiLV e RILL) sod - 4(9,4 A t4(d ST0162 bJ ;t li NO L-0 ft- 13W L From: Sent: To: Cc: Subject: Good morning, Bill Brisson <bill@larueplanning.com> Friday, April 13, 2018 10:03 AM Lindsay.Libes@wginc.com; 'Juan F. Ortega'; chad.riddle@jfogroupinc.com Marcos Montes De Oca; Patty Burnette Status and required information for May 17th Public Hearing on 18 -001 -SE (Checkers) 4 (SI,Lexyl,t1141-1 i u) Y12 eututtLJ Patty Burnette, City of Okeechobee General Services Coordinator, related to me a phone call she received from Chad Riddle, who stated that the FDOT will not allow any connection to SR 70. Mr. Riddle told Patty that the Applicant is okay with removing the access to SR 70 with the understanding that they would have full access to SE 8th Avenue. I can say that, at this time, no one can guarantee full access to SE 8th Avenue. In fact, I have serious doubts that such access to SE 8th Avenue will be allowed. Rather, it is more likely that only a right-in/right-out will be permitted. The Application is scheduled for a public hearing before the Board of Adjustment on May 17, 2018. Therefore, if the Applicant wishes to proceed with the Special Exception Application, please provide the City with a revised site plan and supplemental materials and text showing how SE 8th Avenue will provide safe and convenient access, with supporting documentation and ex.lanation as to the operation during the peak period s m , i _ entr and exit, stacking, interior circulation for both drive-through and parking, as we as access and egress for deliveries using the loading zone. You should provide these revised materials to the City by April 25th so that interested and involved parties will have adequate time to review the materials. I will have to review the revised materials, prepare the Staff Report, and provide it to Patty Burnette by May 9th, so she can distribute the materials to the Board of Adjustment in a timely manner. Please respond to me and Patty by e-mail as to the Applicant's intentions. You can call me at the number below, but please confirm by e-mail. I look forward to hearing from you. �3i11 Wm. F. Brisson, AICP Senior Platvter LaRue planning 1 375 Jackson st #2o6, -ort MJcrs, �� 35901 239-33+-3366 bill@Iarucplanning.com Direct Line: 239 -2_04-5283 1 lea Mcg eftaLtst— (361-trit,cas-rg Patty Burnette From: Bill Brisson <bill@larueplanning.com> Sent: Wednesday, April 11, 2018 12:20 PM To: Marcos Montes De Oca Cc: Robin Brock; Patty Burnette Subject: Checkers Application 18 -001 -SE Importance: High Marcos, Please take a look at the following e-mail. I figured you may have some thoughts that I haven't included. After I get your approval and/or any changes, I will send it to Ms. Libes. Thanks. Ms. Libes, Patty Burnette, City of Okeechobee General Services Coordinator, related to me a phone call she received from Chad Riddle, a Planner with the Wantman Group who stated that the FDOT will not allow any connection to SR 70. Mr. Riddle told Patty that the Applicant is okay with removing the access to SR 70 with the understanding that they would have full access to SE 8th Avenue. No one at this time would be able to guarantee full access to SE 8th Avenue. In fact, I have serious doubts that such access to SE 8th Avenue will be allowed. Rather, it is more likely that right -in and right -out would be permitted. The Application is scheduled for a public hearing before the Board of Adjustment on May 17, 2018. Therefore, you should provide the City with a revised application and site plan showing how SE 8th Avenue will operate during the peak period(s), including entry and exit, stacking, interior circulation both for drive-through and parking, as well as access and egress for deliveries using the loading zone. You should provide these revised materials to the City by April 25th so that there will be adequate time to review the materials and formu 131(( Wm F. Brisson, AICP Senior Planner Lakue planning 1 373 ,Jackson 5t X206, rort MJers, M 33901 239-33+-3366 hill@larueplanniiw.com Direct Line: 239-204-5283 1 Patty Burnette From: Sent: To: Subject: Patty Burnette Friday, April 06, 2018 12:58 PM bill@larueplanning.com Special Exception Petition No. 18 -001 -SE Hi Bill. One of the Planners called me earlier from the Wantman Group and he relayed to me that FDOT will not support any connection to State Road 70. I didn't know if you had spoken to anyone in regards to this or not? The gentleman I spoke to said they are okay removing the access to State Road 70 with the understanding that they would have full access to SE 8th Avenue which of course I could not tell them if they would or not. He wanted to also know if they could go to the April 19th Planning Board/Board of Adjustment Meeting instead of waiting until the May meeting and I told him they could not because of the official action taken at the March Meeting. What additional information/documents are they needing to submit in lieu of this information from FDOT? I wanted to be able to let them know because I don't know if they are aware or not that additional information may be needed. Thank you. Patty M. 6u-rrh.e' Genera/Services Coordinator City of O(eecho6ee 55 Southeast 3rd Avenue O(eecho6ee, TL 34974 `der 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e maid y6urnette@cityofoeechobee.com -website: -www.cityofokeecho!ee.com '-fiq Spoiati„C • 14e, Inas lief 4 no 00) fire t lit Lg Robk,v 01+4, -fit ! a. ce€5.)-ft, 56 S e —77 tit wt R (AAA_ utvt(tsat_ 1 Ccf. 6 61.1.5N1:54). C Cd. l i r r c� (JU ail Or -I- let C° SF?) Ca roa (� wA- t_ lJe+ 10u.ctc iLts NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Patty Burnette From: Patty Burnette Sent: Friday, April 06, 2018 12:32 PM To: 'Chad Riddle' Subject: RE: Checkers okeechobee We must go with the official action of the Board of Adjustment which was as follows: A motion and a second was offered by Members Baughman and McCreary to continue Special Exception Petition No. 18 -001 -SE requesting to allow drive-through service within a CHV Zoning District, '• ef. Sec. 90-283(1)) for Lots 1 through 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, Public Records of Okeechobee County, containing approximately 0.608± acres and located at 100 Southeast 8th Avenue until the May 17, 2018, ;!eating due to the delay with the FDOT Variance Hearing for access on State Road 70 (Northeast Park Street). 1764-1-y M. f3wrr general Services Coordinator City of Okeechobee ss Southeast 3rd Avenue Okeechobee, TL 34974 `fel 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-mail y1urnette@cityofokeechoLee.com website: www.cityoffokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Chad Riddle [mailto:Chad.Riddle©wginc.com] Sent: Friday, April 06, 2018 11:08 AM 1 To: Patty Burnette Subject: Checkers okeechobee Patty - Per our discussion on the phone, FDOT will not support any connection to state road 70. We would like to attend the April 19th BOA hearing and receive a condition of approval to remove all access to state road 70 so that it doesn't hold up our schedule. We are okay removing the access to state road 70 with the understanding that we will have full access to 8th Street. Please let me know if this is something you can accommodate. Let me know if you have any questions - Thanks you. Sent from my iPhone W WGI. Chad Riddle �' `' `.A, ISA Designer Chad.Riddle@wginc.com 2035 Vista Parkway, West Palm Beach,F1. 33411 t.561.687.2220 F.561.687.111(1 www.WGInc.com s o IDi 2 Patty Burnette From: Patty Burnette Sent: Wednesday, March 28, 2018 4:18 PM To: Lindsay.Libes@wginc.com Cc: Veronica Sanchez (Veronica.Sanchez@wginc.com); Chad Riddle (Chad.Riddle@wginc.com) Subject: Special Exception Petition No. 18 -001 -SE Attachments: PB Minutes 031518.pdf Good Afternoon. Please be advise that the Board of Adjustment of the City of Okeechobee made a motion to continue Special Exception Petition No. 18 -001 -SE requesting to allow drive-through service within a Heavy Commercial Zoning District, Ref. Sec. 90-283(1)) for Lots 1 through 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, Public Records of Okeechobee County, containing approximately 0.608± acres and located at 100 Southeast 8th Avenue until the May 17, 2018, meeting due to the delay with the FDOT Variance Hearing for access on State Road 70 (Northeast Park Street). A copy of the Planning Board/Board of Adjustment Minutes from the March 15, 2018 Meeting is attached for you information. Should you have any questions, please let me know. Thank you, Patty Patty M. 6wYwete genera/ Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, SEL 34974 Teh 863-763-3372 Direct: 863-763-982o Tax: 863-763-1686 e-mail: yLurnette@cityofokeecho6ee.cor -website: www.cityofokeechobee.com 1 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 2 Ein T M C?J os fulgn9 /TAO p 12,AvtJal7P 01- 12-3401-nZI bul+aali nos - 0 wOJ'oUISM'MMM OTTT'L8919S4 OZZZ'L8919S1 TTt££ li '4ne8 Luled IsaM `Aeneoped a sin S£OZ W O.9•M16M c7 alppRl 'p o qj iau2!saa VSI `yis� aIPPw P L1D ISM s�{ueyl — suo!isanb Aue anal not 1! Moth! OW ;al aseald .aagoyoaa){O 10 01-11 yWM 860Z `66 lady o; 6uueaH VO8 81.0Z 'S 1. uoJeW Jno auod;sod of inq ao!oyo ou aney am aap!wwoo aoueuen eqi }uawauod;sod s!y4 y1!M .81 -OZ `Z I!Jdy o; palnpayosai ueaq seq aappwoo aoueuen 1.0a -d ay; (4M 6upaw _no ley; pJoM pan!aoai isnf 1 -Aped 6u!uaoW poop 6uueaH v09 STOZ '6T I!ady 01 auodisod aagoypaahlo - s,JahlaayD :pafgns zayaueS eD!uoaan :saw Aespu f 311auan8 A1led :ol WV b£:6 BTOZ "£T ypaeW/ 'psanl :;uas <woY)u!6M©alpp! pey>> e!ppR! Pet-ID:Luau a;;auang /Cued Patty Burnette From: Veronica Sanchez <Veronica.Sanchez@wginc.com> Sent: Friday, March 09, 2018 3:18 PM To: Patty Burnette Cc: Lindsay Libes; Chad Riddle; Realestatedeveloperl; Juan F. Ortega; afreites@jarestaurants.com Subject: Checkers- Okeechobee (Petition No: 18 -001 -SE) - Intent to Postpone to April 19, 2018 BOA Hearing Good afternoon Patty, This Special Exception application is currently scheduled for the March 15, 2018 Board of Adjustment hearing. Per prior discussion, it is our intent to postpone to the April 19, 2018 Board of Adjustment Hearing until we resolve the access issue. We will follow up with you on next 3/12 Monday after you have spoken to the City attorney. Thank you, ►r WG IENR Veronica Sanchez planner Veronica.Sanchez@wginc.com 2035 Vista Parkway, West Palm Beach, FL 33411 t.561.687.2220 f.561.687.1110 www.wginc.com 1 Patty Burnette From: Patty Burnette Sent: Thursday, March 08, 2018 4:34 PM To: Lindsay.Libes@wginc.com Cc: Veronica Sanchez (Veronica.Sanchez@wginc.com) Subject: March 15, 2018 Board of Adjustment Meeting Attachments: Agenda March 2018.pdf; 18 -001 -SE Checkers REV Staff Rpt.pdf Importance: High Good Afternoon Ms. Libes, Please be advised that the City of Okeechobee Board of Adjustment will be considering Special Exception Petition No. 18 -001 -SE, to allow drive-through service within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(1)) for Lots lthrough 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, Public Records of Okeechobee County, containing approximately 0.608± acres and located at 100 SE 8th Avenue on Thursday, March 15, 2018 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers. A copy of the Board of Adjustment Agenda is attached, along with a copy of the Staff Report. Should you have any questions, or if you, or a representative, cannot attend this meeting please let me know. Thank you, Patty Patty M. 6u -r i-e,fte, genera/ Services Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, TL 34974 Teh 863-763-3372 Direct: 863-763-982o Tax: 863-763-1686 e -main y6urnette@cityofokeecho6ee.com -website: -www.cityofokeecho6ee.com 1 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 2 Patty Burnette From: Patty Burnette Sent: Monday, February 12, 2018 1:57 PM To: 'Lindsay.Libes@wginc.com' Subject: Special Exception Petition No. 18 -001 -SE Good Afternoon Lindsay, Notification from the City's Planner has been received that the Special Exception Petition you submitted for NYLV Investors LLC has been reviewed and found to be complete. It is tentatively scheduled to be heard at the March 15, 2018 Board of Adjustment Meeting at 6:00 P.M. I will email to you about a week before the meeting date a copy of the Agenda and Staff Report. Should you have any questions, please just let me know. Thank you, Patty Pa/H-9 M. 13wrvL-f-ems Genera(Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, EL 34974 `Ief: 863-763-3372 Direct: 863-763-9820 Fax: 863-763-1686 e-mail: yLurnette@cityofokeechobee.com -website: www.cityofokeechotee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Patty Burnette From: Bill Brisson <bill@larueplanning.com> Sent: Friday, February 09, 2018 1:18 PM To: Patty Burnette Cc: Lane Gamiotea; Bobbie Jenkins Subject: Completeness review of Applications 18 -001 -AC, 18-002-R, and 18 -001 -SE Good afternoon, I have reviewed the following applications and they are complete and may be heard at the March 15th Planning Board/BOA meeting. I am working on the Staff Reports and should have them to you by March 7th. 18 -001 -AC 18-002-R 18 -001 -SE Please call if you have any questions. Sill Wm F. 13rissovt, AICP Senior P(a&'w er Lakue planning 1 373 Jackson jt ft 2.06, rorE Myers, �L 33901 239-334-3366 bill@larueplanning.com Direct Line: 239 -204-5283 1 Patty Burnette From: Patty Burnette Sent: Thursday, February 01, 2018 1:37 PM To: Veronica Sanchez (Veronica.Sanchez@wginc.com) Subject: Additional Warranty Deed for Special Exception Petition Attachments: Warranty Deed-Windham.pdf Veronica, Attached is a copy of the other warranty deed that I mentioned to you about on the phone this morning for your records. In addition, regarding number 15 on the application, no information was found indicating any prior rezoning, special exception, variance, or site plan approvals on the property. It has been a pleasure speaking to you and have a great afternoon, Patty Pa4fy M. f3wrveette, Genera/Services Coordinator City of Okeechobee ss Southeast 3rd Avenue Okeechobee, 'FL 34974 Tei 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-mail yburnette@cityofokeechobee.com -website: www.cityofokeecfiobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Patty Burnette From: Bobbie Jenkins Sent: Thursday, February 01, 2018 12:30 PM To: Patty Burnette Cc: Lane Gamiotea Subject: RE: 100 SE 8th Ave - Special Exception- Public Request After researching the address and all prior property owner names, I have not found anything in our system. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Patty Burnette Sent: Tuesday, January 30, 2018 9:22 AM To: Bobbie Jenkins Subject: FW: 100 SE 8th Ave - Special Exception- Public Request Importance: High Paqfy M. 13u-rweitte, genera( Services Coordinator City of O&eecho6ee 1 55 Southeast 3rc(Avenue Okeechobee, 'F.L 34974 Tel 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-mail: yfurnette@cityofokeechobee.com website: www.cityofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Patty Burnette Sent: Wednesday, January 24, 2018 8:20 AM To: Lane Gamiotea Subject: FW: 100 SE 8th Ave - Special Exception- Public Request Importance: High Lane, This is the request I was speaking to you about last night. that it would have been just 100 SE 8th Avenue A and B. have 100 Se 8th Avenue listed. Thank you for checking on Paft j M. 61A-v-K,e,H-e, Genera/Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, TL 34974 Teh 863-763-3372 Direct: 863-763-9820 'Fax: 863-763-1686 e-mailyburnette@cityofokeechobee.com website: www.cityofokeecho6ee.com 2 ,cf oS o. Vu u opt--'— a&it Wa,ilILovt a-pp1 d7 aptiL, It") EL1 bac FD NJ' �t cQ akcen_Acituot It appears according to the 911 address maps checked the building permit file and we only this for me. NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Veronica Sanchez[mailto:Veronica.Sanchezftwginc.com] Sent: Tuesday, January 23, 2018 3:58 PM To: Patty Burnette Subject: 100 SE 8th Ave - Special Exception- Public Request Good afternoon Patty, Per our discussion, I would like to know item #15 on the special exception application. 15. Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? If yes, provide date, petition number, and nature of approval. Thank you! WGI., Inc.a 5 0 tit Veronica Sanchez Planner Veronica.Sanchez@wginc.com 2035 Vista Parkway, West Palm Beach, FL 33411 t.561.687.2220 f.561.687.1110 www.wginc.com 3 Patty Burnette From: Veronica Sanchez <Veronica.Sanchez@wginc.com> Sent: Tuesday, January 30, 2018 4:21 PM To: Patty Burnette Cc: Lindsay Libes; Chad Riddle Subject: RE: Special Exception Petition for 100 SE 8th Avenue Good afternoon Patty, Please see my responses below in red. Lindsay Libes and Chad Riddle are CCed in this email as well as they are knowledgeable of the proposed project. We appreciate the time you've given for corrections. • On the first page of the Application, number 6 says contact person's daytime phone number and only the name Lindsay Libes is listed? Lindsay: 561-537-4542 (direct line) WGI: 561-687-2220 • On page two of the Application, number 18 says Applicant's statement of interest in the property? I know a justification statement was provided with information but something needs to be provided there as well. Special Exception to permit a 1,151 square foot fast food restaurant with a drive-through service (including the 239 SF of outdoor dining space). • On page two of the Application, number 20 requests the last recorded warranty deed. A copy of the deed that was provided is attached along with a copy of the legal description that was also provided. The deed is in the name of C. Lee Windham and does not match the legal description. Please provide correct information. The legal description is based off the latest survey done on the subject site and not from the warranty deed done in 1980. (----- • On page two of the Application, number 24 requests an affidavit attesting to completeness and correctness of the list of Surrounding Property Owners. It was signed by Lindsey Libes. Must be signed by Property Owner or the Applicant who Mr. Windham Jr. authorized. Should someone from NYLV Investors LLC sign, they would just need to make sure they are listed as authorized to do so for that company. , 7, WGI is the agent representing the applicapt Lindsay Libes is . e representative under WGI. Is there an agent consent form that could be corrtipleted for this applicatio • On page two of the Application, signature line again was signed by Lindsey Libes. Must be signed by Property Owner or the Applicant who Mr. Windham Jr. authorized. Should someone from NYLV Investors LLC sign, they would just need to make sure they are listed as authorized do so for that company. WGI is the aged representing the applicant. Lindsay Libes is the representative under WGI. Is there an agent content form that could be completed for this application? elk we, a -i -i 8 6poKe L i+11 John CUeft o`b e� ck — L Q ,f 3 f" i n I., Y 1 (,0am+ma n 6►it t p i I r1 e) is 9'h tcc�eri; n o ec ss v i nves -L-c-` h i red_ 0.Adr (l-h.ey arc cid Ucj'ic . r .y o�Ec. neat«c_ ry fS � "� �-('� gat 1a e "5"1Ern a_d.! ► " , :e Gcu i no -l- nPCessan f-'-� havc. avec 1►� LLibe5 is Q,-441b/,txe4 40 319 et on beh,cf waOf, 1(Wain+M 6�ae'e e, -,c. WGIm Veronica Sanchez '1-,- Veronica.Sanchez@wginc.com t.561.687.2220 f.561.687.1110 Inn. ENR'.. From: Patty Burnette[mailto:pburnette@cityofokeechobee.com] Sent: Tuesday, January 30, 2018 3:46 PM To: Veronica Sanchez Subject: Special Exception Petition for 100 SE 8th Avenue Importance: High Good Afternoon Veronica. In my review of the submittal before sending to the Planner the following additional information and/or documents are needed: • On the first page of the Application, number 6 says contact person's daytime phone number and only the name Lindsay Libes is listed? • On page two of the Application, number 18 says Applicant's statement of interest in the property? know a justification statement was provided with information but something needs to be provided there as well. • On page two of the Application, number 20 requests the last recorded warranty deed. A copy of the deed that was provided is attached along with a copy of the legal description that was also provided. The deed is in the name of C. Lee Windham and does not match the legal description. Please provide correct information. • On page two of the Application, number 24 requests an affidavit attesting to completeness and correctness of the list of Surrounding Property Owners. It was signed by Lindsey Libes. Must be signed by Property Owner or the Applicant who Mr. Windham Jr. authorized. Should someone from NYLV Investors LLC sign, they would just need to make sure they are listed as authorized to do so for that company. • On page two of the Application, signature line again was signed by Lindsey Libes. Must be signed by Property Owner or the Applicant who Mr. Windham Jr. authorized. Should someone from NYLV Investors LLC sign, they would just need to make sure they are listed as authorized to do so for that company. I will need this information ASAP in order to get the needed information to the Planner for his final determination. He may in the meantime contact WGI for additional questions or information so the contact phone number would be very helpful if you would be able to provide that to me by tomorrow. Thank you so much, Patty 2 iDEPENDENT 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, ; al DEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County,. Florida, that the attached copy of advertisement being a irk J t.- i in the matter of ,,Utik,`&tc: 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 advertis ment for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this t c t day of ilkto—cf.\ -C- AD Notary Public, Stare of Florida at Large ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: April 20, 2020 Bonded Tru Notary Public Underwriters Okeechobee, News 107 SW 17th Street, Suite D Okeechobee,IFlorida .34974 863-761-3134 • PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE IS HEREBY GIVEN that a QUASI-JUDICIAL PUBLIC HEAR- ING will be held before the City of Okeechobee Board of Adjustment on Thurs, March 15, 2018, 6:00 PM, or as soon thereafter as possible, at City Hall, 55 5E 3rd Ave, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive Input an Special Exception Petition- No. 18 -001 -SE, submitted by Ms. Lindsay Ubes (Agent) of NYLV Investors, LLC on behalf of the property owner, Carl Lee Windham, Jr. The Petition is to allow for a drive-thru service within a Heavy Commercial (CHV) Zoning District,- reference Code Book Section 90-283(1). The pro - including 2osed use is a 39 squ151 are a fo tuare of outdoor dinit fast food ngspace. withurant a Heal ser- vice,ve property consists of 0.608± acres, located at 100 5E 8th Avenue. Le- gal: Lots 1 through 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, public records of Okeechobee County Florida, LESS and EXCEPT right-of-way for State Road 70, and land described in Official Records Book 217, Page 175 of the public records of Okeechobee County, Florida. • The petition may be Inspected at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public Is encour- aged to attend. The Board of Adjustment serves as the decision making body on this matter to approve or eny Special Exceptions. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testi- mony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than twa busi- ness days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Board in support or opposition to any Item on the agenda; a copy of the document, picture, video, or Item must be provided to the Board Secretary for the City's records. by: Zoning Administrator Marcos Montes De Oca, Petition No. 18 -001 -SE 484838 ON 3/7/2018 JDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Flor,.i,da't3419R741"-- 863-7633134 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 County9F o tliat _the attached copy of advertisement being a C N 6+I in the matter of e dU NILea G -Y Rch ,IS1-vhzdNWitAk - in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 51q(a.cA Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this day of F\/V„1 r -l` )I Notary Public, State of Florida at Large Katrina Elsken ,o�'y;►u4^�, MME BRIDGES _�: °+ MY COMMISSION # FF 976149 :.$ EXPIRES: Apol20,2020 %�0F o o'te Bonded Mau Notary Public Undewnitere AD — IVA PUBLIC Norm QTY BOARD OF ALUUSIMENT MEETING NOTICE IS HEREBY GIVEN that the ay ciOkeechobee Board ofPdjrat mart wi conduct a reader meettg on Torr, May 17, 2018,A= soon thaaita as possitb, at ay Flak 55 SE 3rd Ase, Pin 200, R. The Boad of Adjusimentaid Appeals sertcs as the dadslxim ,g body (grasEjr ,onbahardile ay, to appraeccdeny Variances and S. ,1 The prttc s tided and armuar)ad to enact. The agendarCw be chained turn dvgmec sbeemmorbymigtheGaudSeniasne 863-763- 3372 ANY PERSON DE D1NG TO APPEAL an/ dei;lon made by. the Ban Mb respect to any natter axridaed at this meeting wi need to ensue a verbatim remrd d the pro mecig k made and the nerd tdtdes the to l ion rry and ermine upon whidr the appy ma be basad. In a®,danm wth the NnaimrswihDisabi Act (AM),artPawnMit ads-obRyas&Find b/ the AM, that needs spade! metal the General k%� Mixtalen this r than Mo listless days perto pmoeechg, 863-763337L BE AOVISEDthabshoridyouktedlitoshowaryem dor mat,iigcb�+,,eaVmdeeoor theckaarna pkbr onest beepovidadtoteeoadSeoemry ibrthe ay'; recd ds 2b13510N5/9ft F oter Email Transmittal CITY OF OKEECHOBEE Office of the City Clerk 55 SE 3rd Avenue Okeechobee, FL 34974 863-763-3372 ext. 9814 To: Independent Newspapers, Inc. - Okeechobee News - Ad Dept. Attention: Janet Levy, jlevy@newszap.com From: Bobbie Jenkins, Deputy Clerk, bjenkins@cityofokeechobee.com Ad Type: Legal Publish On: Wed 3/7 Proof of Affidavit(s): 1 Authorized By: Date: Email Date/Time: Ad/Order# Amount $: Proofed By: Date to Finance: Draw#: PO#: Check #: Mailed On: PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE IS HEREBY GIVEN that a QUASI-JUDICIAL PUBLIC HEARING will be held before the City of Okeechobee Board of Adjustment on Thurs, March 15, 2018, 6:00 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Special Exception Petition No. 18 -001 -SE, submitted by Ms. Lindsay Libes (Agent) of NYLV Investors, LLC on behalf of the property owner, Carl Lee Windham, Jr. The Petition is to allow for a drive-thru service within a Heavy Commercial (CHV) Zoning District, reference Code Book Section 90-283(1). The proposed use is a 1,151 square foot fast food restaurant with a drive-thru service, including 239 square foot of outdoor dining space. The property consists of 0.608± acres, located at 100 SE 8th Avenue. Legal: Lots 1 through 3, TAYLOR CREEK MANOR, Plat Book 3, Page 4, public records of Okeechobee County, Florida, LESS and EXCEPT right-of-way for State Road 70, and land described in Official Records Book 217, Page 175 of the public records of Okeechobee County, Florida. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM - 4:30 PM, except for holidays. The public is encouraged to attend. The Board of Adjustment serves as the decision making body on this matter to approve or deny Special Exceptions. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. by: Zoning Administrator Marcos Montes De Oca, Petition No. 18 -001 -SE MN- /DRIVE-THROUGH/ 10'2" WALK-UP ORDER AND PIGK UP WINDOW f - i 52'-10" 42'-02" �• s',-lAVLtf•OJ•?lSL�1O•J•�••t•i.•G•J•I•l•3•J••. ••••7Gl.•fW••. •wle•iiiS^•Iibi etV•iu•J•\•f• Y_ •tt•YCYi\•?)JP•O1•f•43i••CLV••• •Vft)••!••••Vtk• ��••!'+!Ol•tt••C\�oi;�\•--�---• d0•-t=l •� Fb-1- _ A 1E1 usuMuiu WALK-IN GOOLER / FREEZER L_ ;3 :2, tioNNII■ • 1'_ _ n Ii'J ,:ior `• i:+ �'�iti1 =NM iMeN.V.ee tiY �• iiWW::::•a iW cW::',1I„t K>At OUTDOOR DINING AREA FLOOR FLAN I/4"= I 1-0" one quarter inch = one foot 0 4 8 Y 1-11-54—', 21'--1" 52'-104" O —IN rI N 14'-02" revision: D A New modular B CHECKERS OKEECHOBEE J job no. principal: file name: date: title: 17-061 CHRIS HAIR CH 01.29.18 ITADOR PILAN A EX. EOP RESTAURANT 912 S.F. 20' 20' 9' 24' 14' 55' LOADING ZONE MENU BOARD POINT OF SERVICE OUTDOOR DINNING (239 S.F.) 10' DRIVE-THRU LANE 11' BY-PASS LANE 12'10' 24' 10' R.O.W. BUFFER 10' R.O.W. BUFFER EX. 15' U.E. ORB. 246, PG. 897 10' U.E. EX. CURB AND GUTTER EX. POWER POLE EX. 6' SIDEWALK EX. OHW EX. POWER POLE EX. TOP OF BANK STATE ROAD 70 EX. OHW 8TH AVE EASTUSE:SINGLE FAMILY RESIDENTS LAND USE: SINGLE-FAMILY RESIDENTIAL ZONING:RESIDENTIAL MULTIFAMILY USE:RIVER RUN RESORT (RESIDENTIAL) LAND USE: COMMERCIAL ZONING:HEAVY COMMERCIAL USE: NORTHSHORE PLAZA (COMMERCIAL) FLU: COMMERCIAL ZONING: HEAVY COMMERCIALTAYLOR CREEKEX. BOTTOM OF BANK R25'R25' R25' R25' WHEELSTOP 12' 5' 20' 9' STATE ROAD 70 SE 8TH AVENE 7TH AVENE 6TH AVESE 6TH AVESE 5TH AVENE 5TH AVESW 4TH AVE PROJECT SITE SP_2987.00.DWGCHECKED/QCDRAWN/DESIGNEDPROJECT:CADDATEJOB NO.TASK:2035 Vista Parkway, West Palm Beach, FL 33411Phone No. 866.909.2220 www.wginc.comCert No. 6091 - LB No. 7055RSHEET:NO.DATEDESCRIPTIONBYREVISIONS01/30/18INITIAL SUBMITTALSCALE: 1" = 20'-0" 0 10 20 40 NORTH SP-1CHECKER'S OKEECHOBEESITE PLANCMRXX2987.001/30/2018N.T.S.LOCATION MAP N O R T H SITE DATA NAME OF APPLICATION APPLICATION NUMBER SITE ADDRESS EXISTING/PROPOSED FUTURE LAND USE EXISTING/PROPOSED ZONING DISTRICT OVERLAYS SECTION 35 TOWNSHIP 37PROPERTY CONTROL NUMBER (PCN) EXISTING USE PROPOSED USE TOTAL SITE AREA GROSS FLOOR AREA BUILDING FLOOR AREA OUTDOOR DINNING AREA REQUIRED PARKING (1 SP. PER 75 S.F.) REQUIRED ADA PROPOSED PARKING PROPOSED ADA REQUIRED LOADING ZONE PROPOSED LOADING ZONE CHECKER'S OKEECHOBEE TBD 100 SE 8TH AVE,. OKEECHOBEE, FL 34974 COMMERCIAL COMMERCIAL N/A RANGE 22 3-22-37-35-0260-00000-0010 COMMERCIAL COMMERICAL 0.6 AC. (27,980 S.F.) 1,151 S.F. 912 S.F. 239 S.F. 3 SP. 1 SP. 12 SP. 1 SP. 1 SP. 1 SP. LEGEND AC. = ACRES D.E. = DRAINAGE EASEMENT DRO = DEVELOPMENT REVIEW OFFICERS D.U. = DWELLING UNITS EX. = EXISTING FLU = FUTURE LAND USE L.A.E. = LIMITED ACCESS EASEMENT L.M.E. = LAKE MAINTENANCE EASEMENT OHME = OVERHANG/MAINTENANCE EASEMENT O.R.B. = OFFICIAL RECORD BOOK P.B. = PLAT BOOK PDR = PROPERTY DEVELOPMENT REGULATIONS PG. = PAGE R = RADIUS R.O.W. = RIGHT-OF-WAY R/W = RIGHT-OF-WAY S.F. = SQUARE FEET TYP = TYPICAL U.E. = UTILITY EASEMENT ULDC = UNIFIED LAND DEVELOPMENT CODE WFH = WORKFORCE HOUSING = TREE/PALM TO BE PRESERVED