2005-07-26
CITY OF OKEECHOBEE
BOARD OF ADJUSTMENT JULY 26, 2005
SUMMARY OF BOARD ACTION
II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary.
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I. CALL TO ORDER - Chairperson.
Board of Adjustment, July 26, 2005, 6:30 p.m.
Chairperson Ledferd called the July 26,2005 Board of Adjustment meeting to order at 6:30 p.m.
Board Secretary Cook called the roll:
Chairperson Bill Ledferd
Vice-Chairperson Dawn Hoover
Board Member Kenneth Keller
Board Member Thomas Keller
Board Member Christopher Mavroides
Board Member Devin Maxwell
Board Member Douglas McCoy
Alternate Terry Burroughs
Alternate John Whidden
Attorney John R. Cook
Secretary Katrina Cook
Present
Present
Present
Absent - with consent
Absent - without consent
Present
Present
Present - serving as voting member
Present - serving as voting member
Present
Present
III. MINUTES - Secretary.
. A. Motion to dispense with the reading and approve the Summary of Board Action
for the March 22, 2005 regular meeting.
Board Member McCoy motioned to dispense with the reading and approve the Summary of Board
Action for the March 22, 2005 regular meeting; seconded by Board Member Hoover.
VOTE
BURROUGHS-YEA
HOOVER - YEA
K. KELLER - YEA
LEDFERD - YEA
MAXWELL - YEA
McCoy- YEA
WHIDDEN - YEA
MOTION CARRIED.
IV. NEW BUSINESS.
A.
Consider Petition 05-002- V: Robert and Joyce Quann are the property owners and
applicants. The subject property is Lots 7 and 8, Block 20, Woodland Park. The
purpose for the request is to allow for a single family home to be constructed on
a lot that does not meet the Minimum Lot Requirements within the Residential
Single Family - One (RSF -1) Zoning District Requirements.
.
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Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant,
briefly described the Staff Report as follows:
Planning Staff Report Introduction: The applicant is requesting a variance from Sec. 90-
1 05( a)(l) ofthe City of Okeechobee Land Development Code to allow for Single Family home in
the RSF -1 Zoning District.
Planning Staff Report Background: The subject property is approximately 0.211 acres fronting
on SW 18th Street. The applicant intends to construct a single family home on the lots. The
dwelling has public utilities and the adjoining property users are as follows: North - Single Family
residences; East - Single Family residences; South - Single Family residences; West - Single
Family residences.
Planning Staff Report Discussion: After reviewing this application, Staff has determined that
the request generally does satisfy the criteria outlined below for granting the variance: (A) The
subject property has unique conditions of size and shape which are not applicable to other areas
within the RSF-1 Zoning Districts in the City. The lack of width and angle of Lot 7 is a major
circumstance of uniqueness. (B) The size and shape of the lots do not result from the actions of
the applicant. (C) Literal interpretation of the minimum lot area requirements of 10,000 square
feet would unnecessarily deprive the applicant of rights to build a dwelling on the property. This
would create an undue hardship on the applicant. (D) The requested variance of898.84 square feet
would reduce the minimum lot area to 9101.16 square feet and would allow the applicant to use
the land as proposed. (E) By granting this request the City will not be conferring any special or
unique privileges to the applicant that is denied by the Code to other properties in the same Zoning
Districts. (F) Granting the variance would be in harmony with the intent and purpose ofthe Code.
The variance would not be injurious to the neighborhood or detrimental to public welfare.
Planning Staff Report Recommendation: Staff recommends approval of the request to allow
a variance from the minimum lot area. The minimum lot area would now be 9191.16 square feet.
Under normal circumstances a variance is not granted to accommodate a non-specific sale but a
determination must be made as to the viability of these lots to be developed.
Board Member McCoy stated for the record that he will need to abstain from voting. Mrs. Quann
is an employee of his wife, therefore creating a conflict of interest.
July 26, 2005 - Board of Adjustment - Pa e 3 of 5
IV. NEW BUSINESS.
A.
Consider Petition 05-002- V, continued.
.
.
Consider Petition 05-001-SE: Okeechobee Commerce Center, LLC is the
property owner; Entegra Roof Tile Corporation is the applicant; Lee Dobbins is
representing the applicant. The subject property is Lots 7 -9 and the south 40 feet
of Lot 6 within the Okeechobee Commerce Center. The purpose for the request
is to allow four (4) sixty (60) foot high concrete silos to be constructed within the
Industrial (IND) Zoning District.
B.
Chairperson Ledferd noted for the record that a letter was submitted by surrounding property
owners, James and Monica Clark, stating that they were in objection of the variance.
Attorney Cook stated that the Board of Adjustments granted a similar petition approximately five
years ago. He stated that if the petition is not granted, the property may not be of value.
There was no public comment, nor any further discussion from the Board.
Board Member Maxwell motioned to approve Petition 05-005-V; seconded by Board Member
Hoover.
VOTE
HOOVER - YEA
K. KELLER - YEA
T. KELLER - YEA
LEDFERD - YEA
MA VROIDES - YEA
MAXWELL- YEA
McCoy- ABST AIN (FORM 8B MEMO OF VOTING CONFLICT IS ON FILE IN THE CITY CLERK'S OFFICE)
MOTION CARRIED.
Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant,
briefly described the Staff Report as follows:
Planning Staff Report Introduction: The matter for consideration by the City of Okeechobee
Board of Adjustment is an application requesting a Special Exception in the lndustrial Zoning
District for property located at Lots 7, 8 and 9 and the South 40 feet of Lot 6, Okeechobee
Commerce Center. The property has a Future Land Use Map Classification ofIndustrial.
Planning Staff Report Background: The subject property is approximately 10.92 acre(s)
fronting on NE 9th Avenue and NE 12th Street, which is subject to this Special Use Exception
petition. The applicant intends to construct four (4) sixty feet high concrete silos to be used in
conjunction with a facility for the manufacturing and distribution of roof tiles. Entegra has a
contract with the Okeechobee Commerce Center to purchase the property. The dwelling has public
July 26, 2005 - Board of Adjustment - Page 4 of 5
IV. NEW BUSINESS.
B.
Consider Petition 05-00 I-SE, continued.
utilities and the adjoining property users are as follows: North - QUA Wellfield; East -Industrial
Park/Vacant; South - Industrial Park/Vacant; West - QUA Wellfield.
.
Planning Staff Report Consistency with Land Development Regulations: When reaching a
conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record
the following findings: (A) The manufacture and distribution of roof tiles is not contrary to the
Comprehensive Plan. The Industrial Land Use category, Policy 2.1 (d) states that "permitted uses
include large scale manufacturing or processing activities". The subject property could be within
a 1,000 feet radius of a wellfield. Policy 7.52a of the City's Future Land Use Element prohibits
the storage, use or transportation of restricted substances within 1,000 feet of a wellfield.
Consequently, Staff has contacted the Florida Department of Environmental Protection ("DEP"),
who advised that they are unaware of any constituents in concrete that would threaten or damage
water quality in the wells. John Johnson of the United States Environmental Protection Agency
confirmed that concrete would not be considered a hazardous solid waste under the Resource
Conservation and Recovery Act. Accordingly, Staff is not aware of any reason to prohibit silos
containing concrete in a wellfield protection area. (B) Section 90-343(8) ofthe Land Development
Code includes "Permitted uses in excess of 45 feet in height". The applicant request is an essential
use for the manufacturing and distribution facility. (C) The impact of this development should
be reviewed more thoroughly to determine whether or not there would be any adverse effects on
the public interest. (D) This use is appropriate for the proposed location. The surrounding existing
uses are also industrial in nature making this request compatible with the surrounding area. (E)
The use will not be a deterrent to the development of adjacent property. (F) The use must be
properly landscaped and designed to avoid negative traffic impacts and unsightliness. (G) Density
is not applicable to this case. (H) The applicant will be required to properly design the
development in order to prevent problems with traffic congestion, flooding or drainage.
.
Planning Staff Report Recommendation: Move that Petition No. 05-00 I-SE be approved based
on the findings contained in the Planning Consultant's report dated July 18,2005.
Board Member McCoy questioned whether the height of the structures would have a negative
impact on communication. Attorney Cook responded that it would not.
There was no public comments, nor any further discussion from the Board.
July 26, 2005 - Board of Adjustment - Page 5 of 5
IV. NEW BUSINESS.
B.
Consider Petition 05-001-SE, continued.
.
V. ADJOURNMENT - Chairperson.
PlEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of Adjustment
with respect to any maner considered at this proceeding, such interested person will need a record of the proceedings, and for such
purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. General Services tapes are for the sole prnpose of backup for official records of th partIj!ent.
k/' ~~ ,-' )
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ATTEST:
~ill ;\. n(l.: [.OaL 1
Katrina Cook, Secretary
Board Member Hoover motioned to approve Petition 05-001-SE; seconded by Board Member
Maxwell.
VOTE
HOOVER - YEA
K. KELLER - YEA
T. KELLER - YEA
LEDFERD . YEA
MA VROIDES - YEA
MAxWELL - YEA
McCOY. YEA
MOTION CARRIED.
There being no further items on the agenda, Chairperson Ledferd adjourned the Board of
Adjustments meeting at 6:42 pm. !,,(:.
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CITM OF OKEECHOBEE . JULY 26, 2005 .
BO~D OF ADJUSTMENTS. HANDWRITTEN MINUTES
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I. 9ALL TO ORDER. Chairperson: July 26, 2005, Board of Adjustment Regular Meeting ~:~.m.
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II. :~HAIRPERSON, BOARD MEMBER STAFF ATTENDANCE. Secretary.
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: ! Chairperson William Ledferd
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; ! Vice-Chairperson Dawn Hoover
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: I Board Member Kenneth Keller
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; i Board Member Thomas Keller
: I Board Member Christopher Mavroides
\ Board Member Devin Maxwell
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K. Keller
T. Ke~er
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Mav, ides
Max~~1I
McCpy
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Present
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Absent
Board Member Douglas McCoy
Alternate Terry BUrrOUghs) v(JT\ 0q
ffi Q,\Y\.x:i<X 5
Alternate John Whidden
Attorney John R. Cook
Secretary Katrina Cook
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MINUTES. Secretary.
Board Member rxn~ moved to dispense with the reading and approve the Summary of
Agency Action for the March 22, 2005 Regular Meeting; seconded by Board Member n 4-
YEA NAY ABST AIN ABSENT
MOTION: CARRIED - DENIED
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PAGE -2-
IV. New Business - City Planning Consultant.
Consider Petition 05-002-V: Robert and Joyce Quann are the property owners and
applicants. The subject property is Lots 7 and 8, Block 20, Woodland Park. The purpose
for the request is to allow for a single family home to be constructed on a lot that does not
meet the Minimum Lot Requirements within the Residential Single Family - One (RSF-1)
Zoning District Requirements.
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PAGE -3-
B. !
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Consider Petition 05-001-SE: Okeechobee Commerce Center, LLC is the property owner;
Entegra Roof Tile Corporation is the applicant; Lee Dobbins is representing the applicant.
The subject property is Lots 7-9 and the south 40 feet of Lot 6 within the Okeechobee
Commerce Center. The purpose for the request is to allow four (4) sixty (60) foot high
concrete silos to be constructed within the Industrial (IND) Zoning District.
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ADJOURNMENT. Chairperson Ledferd at (y: +-~ p.m.
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07/27/2005 15:05
8537531585
CITY OF OKEECHOBEE
PAGE 132
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNrt MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LA5t ~ NAME-MI(lDLe HAlE NAME Of 8OMO. COUNCIL, cOMMISSIOH. AlJTltOAITY. ~ CONUJt'lai
c;- oJ O\A(,.-i j Lcr 0IJ.1lft of . ';J"iJfM(/\Il7
~. \ M BOAAO. COUNCIl.. CONM1SS10N, AlJTH()AnY ~ COMMITTEE ON
81""-- sW {1M L-'" 1~16AUNlTOF:
o ..l crrv ceouNTY CcmERlOCALAGeNCY
errv
ol&~a.k<< Ire oF~.m- ~M8I~~e'r!'cA'RJI!r
DArE ~ VIHItH VOTE ~D f"l MY POSITION 1&: ._____
, I Q ELeCTIVE ",.-r...........~
WHO MUST FILE FORM 88
-nu. fonn . for uM by .,y person $8l'Vlng at the county, city, or other local level of government on en appointed or eIectIId bon, councll.
commIuion, .utttonty, or oommitlBe. It applies equally to members of advisory and non-edvisOl'y bodies who .... pntIene.d with . voting
f;1OnJIk:t Of ~ under Section 112.3143, FlOftda S1MutM.
Your ~. under thft law when faced with voting on a measure in which you hlWe a conflict of InteNM WIll '4fY grnIy depending
on whether you hold 811 .aec:tive or appointive position. for this reaon, pleaee pay close Id18n1l0n to the Inatruc:ltIona on thla fonn ~
~llIg IlIt ....... .0. 8nd filing the fonn.
INSTRucnONS FOR COMPUANCE WITH SECTION 112.3143, FLORIDA STATUTES
A P'AO" holding elective or appointive county, muni<:ipal. or other local public office MUST ABSTAIN from voting on . "*8Ur8-+11ch
InUIW to hIa or her special private gain or 1Q8a. Each el8Cled or appointed IoaiII of'ftcer also is prohibil8d from knowingly voting on . mea-
lUte wtlir;Ih Inurea to the apecIal gain or loaa of. prtndpal (other than a government agency) by wham he ex the Ia .....Md (Indudlng the
p~ arv-nlzation or sub8ldlary of a cotpOrate principII by which he or aile i8 retained); to the special pnv.te gain or I08t of . reinvft; or
to u. specIIII privaIB gain or 1081I of . bueinest aseod... Commissioners of community ~ agenCieS under s.c. 163.3$5 or
163.357. F.S., lInd ofllcera of independent specleltllX districts elected on a one-at:nl. one--vote besi8 are not prohlbDld frorr'I voting in that
capdy.
Fex plIlPC*M of this law. Iil MreIatIve" includes only the otncer'a father, mother. 15Ol1. daughter. hueband, wife. bfothlW'. aIMer. ,....-In-l8w.
mQther-in-law. aon.IrHaw. and daughter-in-law. ^ MbusinQ$ aaociate" means any person or entity engaged in or cerrying on II bulinee$
enteIpriM with the oflIc:er as a partner, joint ventunlr. CiOOWfl$r of property. or corporate shareholder (where the sha.... of the corpotltion
an not Ii.ted on any national or regional atoclc. exchange).
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ELECTED OFFICERS:
In ~ to ~nlng lTom voting in !he airuatJona described above. you must di8cloee the conftlct:
PRIOR TO THe. VOTE BEING TAKEN by publldy stating to the aeembly the nature of your intefMt In the ~ on which you
lint ablt8/n/ng from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by comp/eting and IiHng thia fonn with the person rwponaJbIe for recording the min-
utIee of the I7H:tetino, who Ihould inc:orporale the form In the minute$.
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APPOINTED OFFICERS:
Although you must abstain from v~ng In the aItu~ns described~. you othefwise may pat'tk:ipate in thMt matWI. HOW8V8f', you
mutt dlsdoM the ~tu... of the conflict befont making any attempt to mfluence the decision. whether orally or in writing and whether made
by you or lit your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEEllNG AT 'NHICH THE VOTE WILL BE
TAKEN:
. You rnuet complete and tile this ~ (before making any a_mpt to influence the decluion) with the person l'MpONibIe for ntCOtdlng the
mInuIN of the meeting, who win InaJrporate the form In the minutft. (Continued on other side)
CE FORM 8B. EFF. 112000
PAGE 1
0(IL7/20~5 15:00
8037031b80
CITY OF OKEECHOBEE
PAGE 03
I APPOINTED OFFICERS (continued)
. A 0t1PY of the b'm mu$t be proyidId /mI'necWeIy to the olhlW rnembenJ of the agency.
. :rMlIorm mUld be I-.d pUblIcly at the next med1g after the form ~ fIIec1
IF YOU MAKE NO AlTEMPT TO INA.UENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. YexalnUlJt dI8doM ondly the nature of your r;XJnftict In the ,...... before particlpating.
. You muM c;omp/eIIl& the tonn and 1I1e it withln l' dllYl' after'the vote occurs with the pe~ ~ for I8CIURfIng the rnk1uWa of the
1lWlIting, who mwt inccHpotate lhe form In the minU18&. A f:DPY of the bm muat be provided ImrnedIIIteIy 10 the other membeI8 or the
9I'Cf. and the fDnTl mulIt be rwad pubRc:lIy at the nut meeting after the fofm Is 1I1ed.
~RE OF LOCAl OFFICI!R'S INJEREST
D QlA6rLitJ [.t M. Let .heIeby~lhaton ~!3~!or
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(a) A rnMaUre cwne or will come bI!Ifore my agency which (chedt one)
Inlnd to my ~ priYMe ~In or loA;
L Inured to the spedaI gain or IOGa of my buaineee 8nOCi8te, -:7 '" '1. C r Q ~ 'l,..),J
InunNf to the lII*iIal gain or IolIII of my reldvtl,
Inured 10 the ..,.aat gain or loss of
whom 18m .....".; or
lnUl1ld to the tPIId8l gain or loss of
. the JNnnt organlZl!ltlon or U:1sd8ry of. prindpal which has I8bIlned me.
(b) The meaaunt betcn my agency and the nat\H'e of my confHcting Interest in the measurw .. as foIIaln:
.by
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~~TYSSRNOTi~~~:=~~~~~Y~:o~~::o1~=:=:':OR~:TA~
E:AI"U... TO EXCEED $10,000. ' "
CE FOfW 88. EFF. 14000
PAGE 2
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III.
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CITY OF OKEECHOBEE
BOARD OF ADJUSTMENT MEETING JULY 26, 2005
OFFICIAL AGENDA
PAGEIOF2
CALL TO ORDER: Board of Adjustment, July 26, 2005, 6:30 p.m. - Chairperson.
II.
CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary.
Chairperson William Ledferd
Vice-Chairperson Dawn Hoover
Board Member Kenneth Keller
Board Member Thomas Keller
Board Member Christopher Mavroides
Board Member Devin Maxwell
Board Member Douglas McCoy
Alternate Terry Burroughs
Alternate John Whidden
Attorney John R. Cook
Secretary Katrina Cook
MINUTES - Secretary.
A.
Motion to dispense with the reading and approve the Summary of Board Action for the March 22, 2005 regular meeting.
IV. NEW BUSINESS - City Planning Consultant.
A. Consider Petition 05-002- V: Robert and Joyce Quann are the property owners and applicants. The subject property is Lots 7 and
8, Block 20, Woodland Park. The purpose for the request is to allow for a single family home to be constructed on a lot that does
not meet the Minimum Lot Requirements within the Residential Single Family - One (RSF-l) Zoning District Requirements.
B. Consider Petition 05-001-SE: Okeechobee Commerce Center, LLC is the property owner; Entegra Roof Tile Corporation is the
applicant; Lee Dobbins is representing the applicant. The subject property is Lots 7-9 and the south 40 feet of Lot 6 within the
Okeechobee Commerce Center. The purpose for the request is to allow four (4) sixty (60) foot high concrete silos to be constructed
within the Industrial (IND) Zoning District.
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V. ADJOURNMENT - Chairperson.
JULY 26, 2005 - AGENDA - PAGE 2 OF 2
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of Adjustment with respect to any matter considered at this proceeding, such interested
person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based, Tapes are for the sole purpose of backup for official records of the Department of General Services,
Fee Paid:
Petition No, 05 - 0 o.~ - V
Jurisdiction: 50 B
cay of Okeechobee
General Services Department
55 S.E. 3rd Avenue, Room 101
Okeechobee, Florida 34974-2903
Phone: (863) 763-3372, ext. 218
Fax: (863) 763-1686
Date:
1 st Hearing:
2nd Hea,ring:
Publication Dates:
Notices Mailed:
Uniform Land Use Application
Rezone · Special Exception · Variance
V Name of property owner(s):
A Owner mailing address: J q D
p
P Name of applicant(s) if other than owner (state relationship):
L
I Applicant mailing address:
C
A Name of contact person (state relationship):
N
T Contact person daytime phone(s): '1
v
Fax:
Indicate current use of property: :::
Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state):
e..-
Is property in a platted subdivision?
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Approximate number of acres:
Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe:
A/'
IV/~
P
R
o
P
E
R
T
Y
Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date,
nature and applicant's name: ....
Is a sale subject to this application being granted?
Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses:
South: h Ou....QJL
Existing zoning: (,\3 r-- - l
East: no
Describe adjoining land uses / improvements to the North:
Future Land Use classification:
0F
Parcel Identification Number:
Actions Requested:
v
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 summary denial of this application.
1~~ tJ.J. ~Aj~ .~+W- CR(~~
Si nature or Printed Name
{) t md D S-
Date
Uniform Land Use Application (rev. 1103)
Page 1 of 2
, Current zoning classification: Requested zoning classification :
R What is your desired permitted use under the proposed classification:
E
Z
0
N If granted, will the new zone be contiguous with a like zone?
E
. Is a Special Exception necessary for your intended use? Variance?
Describe the Special Exception sought:
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S
P
E
C Provide specific LDR ordinance citation:
I
A
L
. Are there other similar uses in the area? Is so, describe:
E
X
C
E Why would granting your request be in the best interest of the area and residents?
p
T
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0 Ifbusiness, briefly describe nature including number of employees, hours, noise generation and activities to be
N conducted outside of a building:
Describe Variance sought:
JD
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V
A
R
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A
N
C
E
Describe physical characteristic of property that makes variance necessary:
d~ r'\O-\- -lY'YI..LU- +n~ nHn\ muxY) 10(000
. {}+
10+
rQ~u.lr.em
+
Did you cause or contribute to the characteristic? Is so, describe:
What is the minimum variance necessary?
Uniform Land Use Application (rev. lI03)
Page 2 of 2
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June 1, 2005
Robert and Joyce Quann request to sell property to be developed to a
single family residence. The property does not meet the 10,000 square foot
minimum lot area. Weare requesting a variance to allow the single family
residence to be developed. The lot area is approximately 500 square feet
short.
Thank you,
Bob and Joyce Quann
St'&v~
~
~-
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b.~
06~
l .
~ID~ 3-28-37-35-0120-00200-0010
Grantee #1 'l1N: 225-70-2059
Grantee #2 'l1N: 431-98-7667
Warranty Deed
This Indenture, Made this 11 th day of
GEORGE MILLS and BETTY MILLS,
January, 19 96AD.,
his wife,
Between
oftbeCountyof Okeechobee ,Stateof Florida , grantors, and
ROBERT w. QUANN and JOYCE C. QUANN, his wife,
whoseaddressis:1910 S.W. 5th Avenue, Okeechobee, Florida 34974
of the County of Okeechobee Staleof Florida ,grantees.
Witnesseth thattbe GRANI'ORS,forand in consideration of the sum of - - - - - - - - - - - - - -
- - - -- - - - - TEN & NO/lOO{$10.00) - - - - - - - - - - DO~,
and other good and valuable consideration to GRANTORS in hand paid by GRANfEES, tbe receipt whereof is berebyacknowledged, have
granted, bargained and sold to the said GRANTEES and GRANTEES' beiIs and assigns fo=, the following described land, situate,
lying and being in tbe County of Okeechobee Slama{ Florida towi!:
Lots 7 & 8, Block 20, WOODLAND PARK, according to the plat
thereof as recorded in Plat Book 2, Page 28, public records
of Okeechobee County, Florida.
Subject to restrictions, reservations and easements of record,
if any, which are not reimposed hereby, and taxes subsequent to
December 31st, 1995.
and tbe grantors do bereby fully warrant tbe title to said land, and win defend the same against lawful claims of all persons whomsoever.
In Witness Whereof, the grantOIl> have hereunto set their hands and seals the day and year filst above written.
Signed, sealed and delivered in our presence:
~. (~
;'0. Add ,M ~A~Okcccbobu,FL .34974
7J~ . (Seal)
BETTY MILLS
P.O. Address 1701 S.W. 5tb Avenue, Okeechobee, FL 34974
EVA MAE CONELY
witness as to Both
TOM W. CONELY, III
witness as to Both
who are personally known to me or who have produced their F 1 or ida
This Document Prepared By:
TOMW.CONBLY,m
CONBLY &CONBLY,PA
207N. W. 2ND srREHr
~KEBCHOBl!E, FL 34972
R
E
T
U
R
N
T
o
STATE OF Florida
CO~ OF Okeechobee
The foregoing instroment was acknowledged before me this
GEORGE MILLS and BETTY MILLS, his
11th
wife,
day of
January, 1996
by
driver's licenses as identification.
EVA MAE CONELY
NOTARY PUBliC
My Commission Expires: 12 / 12 / 9 6
@ ))Up", ....ems, Joe. 19!1O
(813) '761-SSSS Form f1..WD-2
"'".".";...,...~ ...",,";,",",,-,..,;,._-,--''''--~'.
.@ CAM1 rOMO 1 S
5/27/2005 15:50
Year T Property
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Owner ,QUANN ,Ft,O,B,E,R,T, ,W, ,&, ,J,O,Y,C,E, ,C, , , , , , ,
Addr ,1,9,1,0, ,S,W, ,5,T,H, A V,E, , , , , , , , , , , , , , , ,
CamaUSA~praisal System
proper~aintenance
Sel
.
Okeechobee
15640 Land
AG
Bldg
3278 Xfea
18918 TOTAL
.217 Total Acres
Ftenewal Notice
County
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BOUNDARY SURVEY LOCATED IN
SECTION 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST
TALLAHASSEE MERIDIAN
OKEECHOBEE COUNTY, FLORIDA
~
(]~D
NOT PLATTED
DESCRIPTION
Lots 7 and 8, Block 20, WOODLAND PARK, according
to the plat thereof recorded in Plat Book 2, Page 28,
Public Records of Okeechobee County, Florida.
Lands described hereon not abstracted by this office.
BLOCK 20
WOODLAND P.ARK
PLAT BOOK 2', PAGE 28
OKEECHOBEE COUNTY
FLORIDA
FO 4" CM
NO 10 NUMBER N88'03' 48"E
37.1Z' M
37' P
FD 5/8" IRC
LB 6329
SURVEYORS NOTES
Subject to easements and restrictions of record.
.
87.Z9'
50.17' M
50' P
Underground utilities and foundations are not shown.
The description shown hereon was provided by the
client and/or hiS/her agent.
"
LOT 6
a...:E
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OJ
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~
Not valid without the signature and the original raised
seal of a Florida licensed surveyor and mapper.
tv
~
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rr1
The surveyor did not interview adjoining land owners
for unrecorded deeds or easements.
LOT 7
LOT 8
LOT 9
~
James R. Almond, PSM
Professional Surveyor-Mapper
Florida Registration No. LS5081
JAMES R.' ALMOND PSM
PROFESSIONAL LAND SURVEYOR - MAPPER - CbNSUL TANT
2973 SW 3RD TERRACE
OKEECHOBEE, FLORIDA 34974-2684
TEL: (863) 467-5700 FAX: (863) 467-6121
EMAIL: surveyor34972@ychoo.com
FLDBK/PAGE REVISIONS
114/68,73
~
FO 5/8" IR NO 10 NUMBER
2,05 'N, 2.59 'E
FO 5/8" IR NO 10 NUMBER 50' P
0.83'N, 3,62'E 49.03' M
40.18'
S88'Z9'5Z''W 89.Z1' UP ~ ~~~; IRC I
" I(/) PSM 5081 TOTAL FRONTAGE = 98.06' I tv
S "'- ~ = ZO"16'56" tv 1 ~ 16
. /", ~ "'" R = 25.00' (Jl I u 0
;/:'0'1/ " T = 447' 0 ~ EDGE OF PAVEMENT I -
~~ . "'- . 0 0
~1l Sl'/ "'- L = 8.85' -I ~ I
<)- q~ ~ " I fT1 _ _ _ L-
'4~~~___S8~'Z9~~___~__________-----~
6b~ ~-1tu~ 57.46' S. W. 18TH STREET 50' R/W
~1l '(' " FORMERLY ELEVENTH STREET
V ~
0,211 ACRES "
Elevations, if any, are based upon assumed datum.
SW 18TH STREET, OKEECHOBEE, FL
/
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Lands shown hereon are in Flood Zone C, as scaled from
FEMA FIRM panel no. 120177 0230B, dated 2-4-81.
Address:
VAC#IT
SURVEYORS CERTIFICATE
I hereby certify that the attached sketch of survey
of the hereon described property is true and correct
to the best of my knowledge and belief as surveyed
in the field under my direct supervision. Subject to
the qualifications noted hereon.
/l
SHEET
OF 1
MAP OF BOUNDARY SURVEY
1 INCH
THIS BAR IS INTENDED TO MEASURE 1 INCH LONG
AT THE SCALE SHOWN. IF BAR MEASURES DIFFERENTlY
EN~GE OR REDUCE ACCORDINGLY,
7
00-
"R:~
"
~
PREPARED FOR:
GARY FRAZIER AND DEBORAH FRAZIER
ROBERT AND JOYCE QUANN
SCALE:
1" = 20'
SURVEY DATE: MAY 16, 2005
PROJECT No.
4397
.
1375 Ja.n Street, Suite 206
Fort My Florida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Email: larue-planning(cZ}att.net
""
S1aff Report - Variance
Request
Prepared for:
Applicant:
Petition No.
The City ofOkeechobee
Robert and Joyce Quann
05-002-V
Staff Report
Variance Request
Applicant: Robert and Joyce Quann
Petition No.: 05-002-V
General Information
Owner and
Applicant:
Owner Address:
Robert W. and
Joyce C. Quann
1910 S.W. 5th
A venue
Owner Phone
Number:
Okeechobee, FL
863-763-3099
Existing Proposed
Property 3-28-37 -35-0120-00200-0070
Control
Number
Future Single- Single-Family
Land Use Family
Designation
Zoning RSF-l RSF -I
District
Acreage 0.211 0.211
Density 4 duJac
Access SW
18th
Street
Location:
S.W. 18th Street, Block 20 Woodland Park, Lots 7 and 8.
Legal Description:
Lots 7 & 8, Block 20, Woodland Park, according to the plat
thereof as recorded in Plat Book 2, Page 28, public records
of Okeechobee County, Florida.
Introduction:
The applicant is requesting a variance from Sec. 90-1 05( a)(I) of the City of Okeechobee Land
Development Code to allow for Single Family home in the RSF-l Zoning District.
Background:
The subject property is approximately 0.211 acres fronting on SW 18th Street. The applicant
intends to construct a single family home on the lots. The dwelling has public utilities and the
adjoining property users are as follows:
North:
East:
South:
Single Family residences
Single Family residences
Single Family residences
I
Staff Report
Variance Request
.
APpat: Robert and Joyce Quann
Petition No.: 05-002-V
West:
Single Family residences
Discussion:
After reviewing this application, Staff has determined that the request generally does satisfy the
criteria outlined below for granting the variance:
A. Special conditions and circumstances exist which are peculiar to the land or structure
involved, and are not applicable to other land or structures in the same zoning
district.
Yes, the subject property has unique conditions of size and shape which are not
applicable to other areas within the RSF-1 Zoning Districts in the city. The lack of
width and angle oflot 7 is a major circumstance of uniqueness.
B. The special conditions and circumstances do not result from actions of the applicant.
No, the size and shape of the lots do not result from the actions ofthe applicant.
C. 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.
Yes, literal interpretation of the minimum lot area requirements of 10,000 square feet
would unnecessarily deprive the applicant of rights to build a dwelling on the
property. This would create an undue hardship on the applicant.
D. The variance, if granted, is the minimum variance necessary to make possible the
reasonable use of the land or structure.
Yes, the requested variance of 808.84 square feet would reduce the minimum lot area
to 9101.16 square feet and would allow the applicant to use the land as proposed.
E. Granting the variance request will not confer on the applicant any special privilege(s)
that is (are) denied by the Land Development Code to other land or structures in the
same zoning district.
No, by granting this request the City will not be conferring any special or unique
privileges to the applicant that is denied by the Code to other properties in the same
Zoning Districts.
2
Staff Report
Variance Request
Applicant: Robert and Joyce Quann
Petition No.: 05-002-V
F. Granting the variance will be compatible with the intent and purpose of the Land
Development Code, and the variance will not be irifurious to the neighborhood or
detrimental to the public welfare.
Yes, granting the variance would be in harmony with the intent and purpose of the
Code. The variance would not be injurious to the neighborhood or detrimental to
public welfare.
Recommendation:
Staff recommends approval of the request to allow a variance from the minimum lot area. The
minimum lot area would now be 9191.16 square feet. Under normal circumstances a variance is
not granted to accommodate a non-specific sale but a determination must be made as to the
viability of these lots to be developed.
Submitted by:
James G. LaRue, AICP
Planning Consultant
June 29, 2005
"l
.)
.
City of Okeechobee
General Services Department
55 S.E. 3rd Avenue, Room 101
Okeechobee, Florida 34974-2903
Phone: (863) 763-3371, ext. 218
Fax: (863) 763-1686
Date: to ~Il 05
Fcc J>aid: to 1 do, 105
1st Hearin8: ,I d-L.o 0
Polition No. 05
Jurisdiction: 130 A
2nd H~oi: N J A-
Publlcati()n Dale!:
Notices Mailed:
'"
Name ofpropeny owner(s); Okeechobee Commerce Center, LLC
Owner mailing address: 3553 S.E. Doubleton Drive, stuart, FL 34997
A
P
P
L
I
C
A
N
T
Name of appI icant(s) if other than owner (state relationship):
Applicant mailing address: c/o K 1 e .:j. n
Name of contact person (sUlte relationship): W. Lee Dobb i ns (a t t orney )
Contact person daytime phone(s): 772-409-1133
Fax; 772-409-1134
t/ Property address I directions 10 property; See attached
Indicate current use of property: None- Site under construction
Describe improvements on property, iocluding nUm~r/lyJle of ~wellings and ~hethcr occupied (ifno,?e, so sl.a[e~;
A ,~acili~~rfo~rthe manufacture and d1str1but1on of roof t11es 1S
~~~ ;.:..;;... ~~~ ',....",.. inn
Approximate number of acres: 10.92 Is property in a platted subdivision? Yes
p Is there II current or recent use of the property that is/was a violation of county ordinance? If so, describe:
Not that we are aware of.
R
0 Have there been Ilny land use applications concerning all or pan of this property in the last year? If so, indicate date,
p nature and applical1t's name: Not that we are aware of.
E
R Is 8 sale subject to this application being granted? No
T Is the subject parcel your total holdings at that location? Ifnot, describe the remaining or intended uses:
y
Yes, although applicant has option to purchase 3 additional lots
Describe adjoining land uses I improvements to the North: ~UA Wellfield
South: Industrial Park/ East: Industrial park/ West; ~UA Wellfield
Existing zoning: Industrial Future Land Use classification: Industrial
Actions Requested: <--J Rezone ( X ) Spocial Exception <.-> Vanance
Pareelldentlftcation Number: See attached
......
Confirmation of Information Accuracy
I hereby certify that the information in this application is correct. The information included in this application is for use
by the City ofOlceechobee in processing my request. False or misleading infonnation may be punishable by a flne of up
to S 0.00 an imprisonmc of up to 30 days and may result in the summary denial of this application.
W. L(!.e Dot>b:...i: V.c.e-Pr~.s:.Je>tt ~",""e !1,"20t)S
PrintedName of" Klil...~ p"'!:>b......s P.L... Date
Uniform Land Use Application (rev. 1103)
Page 1 of 2
E0 39t1d
33HOH~33~O ~o AiI8
9S91E9LE9S
0P:S1 S00G/01/90
Current zoning classification: Requested wning classification:
R What is your desired permitted use under the proposed classification:
E
Z
0
N If granted, will the new zone be contiguous with a Hke zone?
E
Is a Special Excoption necessary for your intended use? Variance?
DescnDe the Special Exception sought:
-
S See Cover Letter
p
E
C Provide specific LDR ordinance citation:
I
A Section 90-343
L
Are there other similar uses in Ibe area? Is so, describe: No, but the Okeechobee Commerce
E Center is intended for industrial type uses.
X
C
E Why would granting your request be in the best interest of the area and residents?
p
T See Cover letter
I If business, briefly describe nature including number of employees, hours, noise generation and activities to be
0
N conducted outside of a building:
C'~= ~ 1 cd-t-or
Descnoe Variance sought:
-
V
A
R Deacnbe physical characteristic of property that makes variance necessary:
I
A
N
C Did you cause or contribute 10 the characteristic? Is so, describe:
E
What is the minimum variance necessary?
Unifonn Land Use Application (rev. 1103)
Page 2 of 2
P0 39\Jd
33BOH833~O ~O ^~I8
989l:E9LE98
0p:91 9006/01/90
"' ._....,_..~------,._~..~,....."<
.
.
KLEIN & DOBBINS, P. L.
ATTORNEYS AND COUNSELORS AT LAW
P,O. Box 2414
Fort Pierce, FL 34984-2414
805 Virginia Avenue
Suite 25
Fort Pierce, FL 34982
(772) 409-1133
Fax(772) 409-1134
Writer's E-Mail
Ido b bin s@kleindobbins,com
www.kleindobbins.com
Writer's Direct Dial
(772) 409-1133 Ext. 2
June 17,2005
VIA FEDERAL EXPRESS
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, FL 34974
Re: Roof Tile Administration, Inc./Purchase from Okeechobee Commerce
Center, LLC
Application for Special Exception
Dear Sir or Madam:
Enclosed is a completed and signed application for a Special Exception allowing
four (4) sixty foot high concrete silos to be constructed on the referenced lots in the Okeechobee
Commerce Center. Section 90-343 of the City Code requires that a Special Exception be
obtained for any structure exceeding 45 feet in height being built on a site zoned Industrial. This
law firm represents the Applicant, Entegra Roof Tile Corporation - Okeechobee which has a
contract to purchase the property from Okeechobee Commerce Center, LLC. Entegra intends to
complete construction of a facility on the property for the manufacturing and distribution of roof
tiles. When completed, their investment in the property will exceed ten million dollars.
Initially, Entegra plans to run the plant one shift, which will require sixty (60)
employees. If demand for their products continues to increase at the current rate, they anticipate
adding a second shift within one year of opening, requiring an additional thirty-five (35)
manufacturing employees. In total, they anticipate that if demand for their products continues to
increase at the current rate, they will have approximately one hundred forty-five (145) employees
working 22 hours a day out of this facility within three years of opening.
The four (4) sixty foot high cement silos are an integral part of the planned
facility. Each will contain a different type of cement used in the manufacturing of Entegra's line
of Roof Tile products. The cement will be dispensed from the silos into hoppers where other
materials such as aggregates and coloring are mixed in. The silos are a necessary part of the roof
tile manufacturing process.
{00002915.1 }
lID
Letter to the City of Okeechobee
June 17,2005
Page 2
Most of the activity on the property will take place within the building. However,
aggregates and tiles will be stored outside, and the silos and hoppers will be outside. Operation
of the delivery trucks, hoppers and other equipment will generate noise typical of other uses
found in an industrial park. The storage of aggregates and roof tiles will be screened from the
road, and the hoppers and silos will be positioned to the North of the building, so that only the
tops of the silos will be visible from the road.
Please note that we have enclosed with the package a picture of the type of silo
that the Applicant plans to install, which was provided to us by the manufacturer. Please note
that the silos shown in the picture may not be the same height as the silos the Applicant plans to
install and that the Applicant's site will be paved, unlike the facility shown in the picture.
However, this should give you some idea of what the silos will look like.
This property is surrounded to the South and the East by vacant Okeechobee
Commerce Center lots and to the North and the West by property owned by the Okeechobee
Utility Authority. Please note that, at the request of Katrina Cook, we have asked the St. Lucie
County Property Appraiser's office to deliver directly to her the list of property owners within
300 feet of the property. Enclosed is our signed affidavit confirming that, to the best of our
knowledge, the list of property owners is accurate. By the time you receive this application, you
should have the list of property owners, but if you do not have it, or if you require any other
information, please contact me.
Thank you for your consideration.
~eg~ ~.
W. Lee Dobbins
cc: Mike Johnson
John Cook, Esq.
Larry Crary, Esq.
WLD/hr
{00002915,l }
.
.
Exhibit "A"
Legal Description of Property
Lots 7, 8 and 9 and the South 40 feet of Lot 6, all in Okeechobee Commerce Center,
according to the Plat thereof recorded in Plat Book 7, Pages 10 through 14, Public
Records ofOkeechobee County, Florida.
Tax ill Numbers:
Lot 6: 3-15-37-35-0020-00000-0060
Lot 7: 3-15-37-35-0020-00000-0070
Lot 8: 3-15-37-35-0020-00000-0080
Lot 9: 3-15-37-35-0020-00000-0090
{00002911.l }
JuneU,2005
City of Okeechobee
55 Southeast Third Ave.
Okeechobee, Florida 34974
Re: Entegra Roof Tile Corporation - Okeechobee
Lots 7, 8 & 9 and the South 40 feet of Lot 6, Okeechobee Commerce
Center
Special Exception
Ladies and Gentlemen:
Please be advised that Okeechobee Commerce Center, LLC, as the fee-title
owner ofthe above-referenced real property, hereby designates Entegra Roof Tile
Corporation - Okeechobee, a Florida corporation, and its attorneys and engineers, Klein
& Dobbins, P.L. and Craig A. Smith & Associates, as our agents for the purpose of filing
an application for, and obtaining, (a) a Special Exception to the City's 45 foot building
height limitation, (b) approval of a Site Plan for the property, and (c) any other permit or
approval needed to develop the property.
OKEECHOBEE COMMERCE CENTER, LLC, a
Florida limited liability company
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrument was acknowledged before me this II day of June, 2005, by
Robert Meyer as Manager of Okeechobee Co Fee-Cefttel:.,J,LC, a Florida limited
liability company. Said person (check one) is personall own to me, _ produced a
driver's license (issued by a state of the United a es WIthin the last five (5) years) as
identification, or _ produced other identification, to wit:
I~~.
Pnnt Name: 1/17 yYJ /YI <.J
Notary Public, State of Florida
Commission No.:
My Commission Expires:
",,,...,,,. ROS
~~.. EMARlEZUMMO
~t :~ MY COMMISSION # DO 242318
~.:.: EXPIRES: AuguSI30, 2007
'1/, Bonded ThnJ NotaJy PtllIic UndlIrwrllors
{00002908,l}
JUN. 14. LUU? ?:UUM
CKAKY ~UCHANAN
NU. IjJ~
~
1lllfllmllliRlm.
FILE NOM 200~01339~
OR BK 00537 PG 1525
S~ARO~ ROSERTSD~. CLERK OF CIRCUIT COURT
OKEEC~OBEE COUNTY, FL
RECORDED 07/23f200~ 03;14112 pn
RECORDH/6 PEEs 111.50
Dm DOC 700.00
RECORDED BY G Hewbourq
RETURN TO:
John R. Cook
55 S.E. 3'" Avenue
Okeechobee. FL 34972
PARCEL J.D. NO. Lot 7
Lot B
Lot 9
Lot 1 a
Lot 11
Lot 12
3-15-37 -35~002()..OOOOO-o070
3-15-37 --35-0020-00000-0oao
3-15-37-35-0020-00000-0090
~15-37~-o02~0000-o100
3-15--37-35-0020-00000-0110
3-15-37-35-0020-00000-0120
WARRANTY DEED
THIS WARAANTY DEED, made thlsc:5ld~ day of ~ . 2004. by
CllY OF OKEECHOBEE, FLORIDA a municipal corporation eXI;t!.,-g-Jnderthe laws of the
state of Florida. hereInafter caned the grantor to: OKEECH08EE COMMERCE CENTER
I...L.O a Florida limfted liability company, 3553 S.E. Doubleton Dr. Stuart, Florida 34997
WITNESSETH: That the grantor. for and jn consIderation of the sum ofTen Dollars
($10.00), and other valuable considerations. the receIpt of whiCh Is hereby acknowledged,
hereby grants, bargains, sells, alIens, remises. releases, conveys and confirms unto the
graMtee all that certain land situate in Okeechobee County. State of Florida, Vis:
Lots 7, 8 .9 .10, 11, & 12 CITY OF OKEECHOaEE COMMERCE CENTER.
according to the plat thereof at Plat book 7. pages10-14. public records, Okeechobee
county, Florida.
SUbject to the declaration of protective covenants , restrictions, reservations,
servitudes, & easements recorded at O.R. Book 530, pa~es 1932-1972. publiC records.
Okeechobee county. Florida; and easements and restrictions of record;
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the grantors hereby covenant With the said grantees that the grantors are lawfully
seized of the said land In fee simple; that the grantors have good right and lawful authority
to sell and convey said land. and hereby warrant the title to said land, and will defend the
same against the I~wful claims of all persons whomsoever, and that said land Is free of all
encumbrances, except taxes accruing subsequent to December 31, 2003.
IN WITNESS WHEREOF. the saId grantors have signed and sealed these presents
the day and yea'r flrst above Written.
Signed, sealed and delivered
in th~ ~resence ~ f\ f-.
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(Sim1..ature) A by;
.....x.>H N }<-. C uO K
(P' t Name)' _ . I.
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STATE Of FLORIDA
COUNTY OF OKEECHOBEE
OR BK 00537 I
1526
I HEREBY CERTIFY that on thIs day, before me, an officer duly authorized to take
administer oaths and take aCknOWledgme~~ar~s E.KIRK, Mayor
CITY OF OKEECHOBEE, FlORIDA.~ a y own to me, r who produced
as i em,nl"al;orl. kOOWA te me-'1'o be the pe~n
described In anCl Who 'executed the foregoing Instrument, who acknowledged before me
that he executed same, and an oath (was) (was not) taken.
WITNESS my hand and official seal In the County and state last aforesaid this ~ ~
day of --1)..u '1 . 2004.
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My Commission Expires:
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1375 JacJi!liin Street, Suite 206
Fort My~lorida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Email: larue-planningcmatt.net
LaRue Planning &
Mana ement SelVices, Inc.
Staff Report - Special
Exception Request
Prepared for: The City of Okeechobee
Applicant: Entegra Roof Tile Corporation
Petition No.: 05-001-SE
Staff Report
Special Exception Request
Applicant's Name: Enu:gra Roof Tile Corporation
Petition No. 05-001-SE
General Information:
Owner:
Contact Person
Owner Address:
Okeechobee Commerce Center, LLC
W. Lee Dobbins, Esq.
c/o Klein & Dobbins, P.L.
805 Virginia Avenue, Suite 25
Fort Pierce, FL 34982
772-409-1133/ Fax: 772-409-1134
Owner Phone Number:
Legal Description of Subject Property:
Lots 7, 8 and 9 and the South 40 feet of Lot 6, all in Okeechobee Commerce Center,
according to the Plat thereof recorded in Plat Book 7, Pages 10 through 14, Public Records
of Okeechobee County, Florida.
Item before the Board of Adjustment:
The matter for consideration by the City of Okeechobee Board of Adjustment is an
application requesting a Special Exception in the Industrial Zoning District for property
located at Lots 7, 8 and 9 and the South 40 feet of Lot 6, Okeechobee Commerce Center.
The property has a Future Land Use Map Classification ofIndustrial.
Background:
The subject property is approximately 10.92 acre(s) fronting on NE 9th Avenue and NE 1ih
Street, which is subject to this Special Use Exception petition. The applicant intends to
construct four (4) sixty feet high concrete silos to be used in conjunction with a facility for
the manufacturing and distribution of roof tiles. Entegra has a contract with the
Okeechobee Commerce Center to purchase the property. The dwelling has public utilities
and the adjoining property users are as follows:
North:
East:
South:
West:
OUA Wellfield
Industrial Park/Vacant
Industrial Park/V acant
OUA Wellfield
Consistency with Land Development Regulations:
When reaching a conclusion on a Special Exception, the Board of Adjustment shall
consider and show in its record the following findings:
A. The use is not contrary to the Comprehensive Plan requirements.
The manufacture and distribution of roof tiles is not contrary to the
Comprehensive Plan. The Industrial Land Use category, Policy 2.1(d) states
that "'permitted uses include large scale manufacturing or processing
activities". The subject property could be within a 1,000 feet radius of a
Page -1-
Staff Report
Special Exception Request
.
Applicant's Name: E.ra Roof Tile Corporation
Petition No. 05-001-SE
wellfield. Policies 7.3 - 7.5b are listed below and should be considered
before allowing this special exception and the primary use.
Policy 7.2:
Policy 7.3:
b)
c)
d)
Policy 7.4:
The City shall continue to protect environmentally sensitive
areas from development of a type and intensity which would
disrupt their natural functions.
The City shall continue to establish development standards to
be applied to any wellfield protection zones which the City
may designate to protect any future public potable water
well fields from contamination, and implement them through
land development regulations. These standards
will, at a minimum:
a)
regulate the use, handling, production and storage of
regulated substances;
prohibit new underground fuel and other hazardous
chemicals within these areas;
require existing facilities to demonstrate that adequate
technology is being employed on-site to isolate the facility
from the water supply; and
require that future wellfield protection zones which are
relatively undeveloped will be planned for low density and
intensity land uses.
The South Florida Water Management District has
established limits and boundaries of public potable water
wellfields, cones of influence, and groundwater aquifer
recharge areas.
Any land use proposed for development within one-half mile
of any well designated as a potable water well is to be
reviewed as a Special Exception in order to determine impact
on groundwater resources from the proposed use and specific
development. Such review shall address, but is not limited to,
restrictions on land uses which involve pollutants and/or
restrictions on handling and storage of hazardous/toxic
materials in order to minimize the opportunity for
contamination. The City of Okeechobee shall continue to
monitor and implement programs to protect groundwater
quality and eliminate potential sources of contamination.
This shall be made measurable by implementing and
enforcing the following policies:
-
Page -2-
Staff Report
Special Exception Request
Applicant's Name: Entt~gra Roof Tile Corporation
Petition No. 05-001-SE
Policy 7.5a:
a)
b)
c)
d)
e)
f)
Policy 7.5b:
a)
b)
c)
d)
The City's land development regulations shall designate a
protection area of 1,000 feet in radius from each public
potable water well as the wellfield protection zone. The
first 300 foot radius closest to the well shall be a zone of
exclusion, where no development activities shall be
permitted except that relate with water supply provision.
Within the remainder of the zone of protection, land uses
shall be regulated to prohibit the following:
Landfills;
Activities that require the storage, use or transportation of
restricted substances the Resource Conservation and
Recovery Act's or the Environmental Protection Agency's
hazardous wastes lists (including, but not limited to, landfills,
gasoline stationed, petroleum storage, and pesticide storage
and handling;
Feedlots or other commercial animal facilities;
Wastewater treatment plants and their ancillary facilities;
Mines; and,
Excavation of borrow pits, waterways or drainage facilities
which intersect the water table.
The City shall amend its Wellhead Protection Program in
the Unified Land Development Code which, at a
minimum, shall establish the following:
The zone of contribution for all public potable water supply
wells delineated on the United States Geological Survey
(USGS) topographic quad sheets;
Regulations which prohibit potentially high risk land uses
from the established zones of influence such as, but not
limited to, manufacturing and storage of hazardous waste and
industrial land uses;
Monitoring programs and procedures to mitigate adverse
impacts, if detected, for existing high risk land uses;
Land use and development regulations, including open space
and impervious surface requirements, which protect the
function of natural drainage features and natural groundwater
aquifer recharge areas; and ,
Page -3-
Staff Report
Special Exception Request
.
Applicant's Name: E.ra Roof Tile Corporation
Petition No. 05-001-SE
e) The location of drainage wells, delineated on USGS topographic
quad sheets, maintained by the OUA that could have adverse
impacts on groundwater.
B. The use is specifically authorized as a special exception use in the zoning
district.
Yes, Section 90-343(8) of the Land Development Code include "Permitted
uses in excess of 45 feet in height". The applicant request is an essential use
for the manufacturing and distribution facility.
C. The use will not have an adverse effect on the public interest.
The impact of this development should be reviewed more thoroughly to
determine whether or not there would be any adverse effects on the public
interest.
D. The use is appropriate for the proposed location, is reasonably compatible
with a4jacent uses and is not detrimental to urbanizing land use patterns.
Yes, this use is appropriate for the proposed location. The surrounding
existing uses are also industrial in nature making this request compatible
with the surrounding area.
E. The use will not adversely affect property values or living conditions, nor be
a deterrent to the development of a4jacent property.
No, the use will not be a deterrent to the development of adjacent property.
F. The use may be required to be screened from surrounding uses to reduce the
impact of any nuisance or hazard to adjacent uses.
The use must be properly landscaped and designed to avoid negative traffic
impacts and unsightliness.
G. The use will not create a density pattern that will overburden public
facilities such as schools, streets, and utility services.
Density is not applicable to this case.
H. The use will not create traffic congestion, flooding or drainage problems, or
otherwise affect public safety.
The applicant will be required to properly design the development in order
to prevent problems with traffic congestion, flooding or drainage.
Page -4-
-
Staff Report
Special Exception Request
Applicant's Name: Emcgra Roof Tile Corporation
Petition No. 05-001-SE
Recommendation:
Move that Petition No. 05-001-SE be approved based on the findings contained in the
Planning Consultant's report dated July 18,2005 and with the following conditions:
I) The location of the wellfield should be identified before construction to ensure that
development standards are in place to protect the wellfield.
2) The applicant must demonstrate that adequate technology is being employed to
isolate the facility from the water supply.
Submitted by:
James G. LaRue, AICP
Planning Consultant
July 18,2005
Page -5-