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2020-10-15 (BOA).95 CITY OF OKEECHOBEE, FLORIDA BOARD OF ADJUSTMENT MEETING OCTOBER 15, 2020 SUMMARY OF BOARD ACTION CALL TO ORDER Vice Chairperson McCoy called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, October 15, 2020, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive Order No. 20-69 issued by Governor DeSantis on March 20, 2020, and extended by Executive Order No. 20-246 effective September 30, 2020, the meeting was conducted utilizing communications media technology (CMT) as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The video, audio, and other digital comments are recorded and retained as a permanent record. A. The Pledge of Allegiance was led by Vice Chairperson McCoy. II. ATTENDANCE Board of Adjustment Secretary Patty Burnette called the roll. Vice Chairperson Doug McCoy, Board Members Phil Baughman, Karyne Brass, and Rick Chartier were present. Alternate Board Members Joe Papasso and Jim Shaw were present. Chairperson Dawn Hoover, Board Members Felix Granados and Mac Jonassaint were absent with consent. CITY STAFF: City Planning Consultant Ben Smith, City Administrator Marcos Montes De Oca, Deputy City Clerk Bobbie Jenkins, and Executive Assistant Robin Brock were present. City Attorney John Fumero and General Services Secretary Yesica Montoya were absent with consent. Vice Chairperson McCoy moved Alternate Board Members Papasso and Shaw to voting positions. III. AGENDA A. Vice Chairperson McCoy asked whether there were any agenda items to be added, deferred, or withdrawn. There were none. B. A motion was made by Board Member Chartier to adopt the agenda as presented; seconded by Board Member Brass. Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Papasso, and Shaw voted: Aye. Nays: None. Absent: Chairperson Hoover, Board Members Granados and Jonassaint. Motion Carried. IV. MINUTES A. A motion was made by Board Member Brass to dispense with the reading and approve the August 20, 2020 Board of Adjustment Regular Meeting minutes; seconded by Board Member Baughman. Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Papasso, and Shaw voted: Aye. Nays: None. Absent: Chairperson Hoover, Board Members Granados and Jonassaint. Motion Carried. V. VICE CHAIRPERSON MCCOY OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:03 P.M. A. City Planning Consultant Mr. Smith briefly reviewed the Planning Staff Report for Special Exception Petition No. 20-001-SE which requests to allow a proposed use of parking and fueling of commercial vehicles including semi -tractor trailer trucks, which is comparable to outdoor sales and storage, building trades contractor Heavy Commercial (CHV) Zoning District, (Ref Sec 90-283(5)) on 0.479± acres located at 701 North Parrott Avenue. The Applicant has stated the facility will not be open to the public and will only be used to park and fuel their company trucks. October 15, 2020 Board of Adjustment Meeting Page 1 of 11 5 QUASI-JUDICIAL PUBLIC HEARING ITEM V. A. CONTINUED: There is an existing 1,800 square -foot building on the property which is currently used for storage and for an office. This structure is non -conforming to the required setbacks and no significant changes are proposed at this time. The proposed site plan shows usage of only one of the two entrances from North Parrott Avenue/US Highway 441 and only one of the two entrances from Northwest 7th Street. In addition, the site plan depicts striped parking in front of the existing building as well as four striped parking spaces for semi -trucks with an above ground diesel fuel tank located between the existing building and the semi -truck parking area. Planner Smith commented it was brought to our attention this week that there is actually no sewer service on this site as indicated in the application. The septic tank may be located in the alley to the west and the Applicant is researching this as we do have some concerns. Issues can arise with paving and driving over the drain field and septic tank. Lastly, he expressed some concerns with how the semi -trucks will access the parking spaces especially when some are already parked there. Not sure what the turning radius is for them to be able to enter and park. 1. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, stated their names and addresses for the record. Mr. Mark Goodbread, 12575 State Road 70 East, Okeechobee, Florida; Mr. Chris Luckey, 107 Northeast 8th Avenue, Okeechobee, Florida; Mr. George Pierce, 109 Northeast 8th Avenue, Okeechobee, Florida; Ms. Pedie Dickerhoof, 212 Northeast 8th Avenue, Okeechobee, Florida; Mr. Tom Hardy, 200 Galleria Parkway, SE, Suite 900, Atlanta, Georgia; Mr. Kevin Betancourt, 6300 Northwest 31 st Avenue, Fort Lauderdale, Florida; Mr. Steve Dobbs, 209 Northeast 2nd Street, Okeechobee, Florida; Mr. Marcos Montes De Oca, 55 Southeast 3rd Avenue, Okeechobee, Florida; and Mr. Ben Smith, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida. 2. Mr. Steven Dobbs, Consultant on behalf of the Property Owner, Mark Goodbread, Officer of Southern Construction & Development, Inc., was present and available for questions from the Board. Mr. Dobbs commented the septic and drain field could be located in the alley to the West. The Applicant has contacted Okeechobee Utility Authority and is in the process of meeting with the health department. He will do whatever is necessary to resolve the situation. The location of the septic was not indicated on the survey. The plans for the site are to have the trucks come in and fuel during the day and park in the evenings. Other vehicles that will be parked there during the daytime hours will be the driver's personal vehicles. Mr. Goodbread commented they are not planning on using the building other than for storage. Board Member Brass inquired about the issues of impeding traffic on US Hwy 441. Mr. Dobbs commented this is for a private use and they will be coordinating the logistics of the site with the employees so in the event they can not enter the site without blocking traffic they will go around the block and then come back. She also commented she does not see from looking at the site plan how the trucks will back in there without using US Hwy 441. Mr. Dobbs answered the site is large enough to maneuver on. He is thinking they will need to park in the Northern most space first. Vice Chairperson McCoy inquired as to whether there would be any truck washing on the site. Mr. Dobbs responded as far as he is aware there will not. 3. Vice Chairperson McCoy opened the floor for public comment. There was none. The Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to 15 surrounding property owners. 4. Vice Chairperson McCoy disclosed he spoke with both Mr. Dobbs and Mr. Goodbread as he is the health inspector for the County of Okeechobee and looked at the fuel tank for necessary requirements. No other disclosures were offered. 5. Planning Staff's responses to the Applicant's presentation on consistency with the Land Development Regulations (LDR's) are, the proposed use is specially listed as a special exception use in the CHV Zoning District. October 15, 2020 Board of Adjustment Meeting Page 2 of 11 l•J QUASI-JUDICIAL PUBLIC HEARING ITEM V. A. CONTINUED: North Parrott Avenue/Highway 441 is considered a shipping corridor, and should some buffering be provided, and the usage be limited to private fueling and parking of company trucks, then the location should be appropriate for the intended uses. The property to the immediate North of the subject parcel is designated Commercial (C) on the Future Land Use Map (FLUM) and zoned CHV with the use being that of a computer repair/UHaul business. The property to the East is designated C on the FLUM and zoned CHV with the use being that of Sears retail store. The property to the South is designated C on the FLUM and zoned CHV with the use being that the Traveler's Inn Motel. The property to the West is designated Industrial (1) on the FLUM and zoned Industrial (IND) with the use being that of Central Storage Company self -storage facility. The proposed use is not expected to negatively affect adjacent uses. The only new structures proposed for the site are an above ground fuel tank and a fence. The Applicant's site plan depicts landscaping meeting the minimum standards of the City's Land Development Regulations (LDR's), including buffers along both roadways. The main potential issues on this site are the aesthetics of the truck parking, the safety of the fueling tank, and the potential for truck movements to block traffic on North Parrott Avenue/Highway 441. The site plan does provide two bollards for the fuel tank. Additional bollards should be used to ensure protection of the tank. It may be questionable whether trucks will be able to back into the parking area shown on the site plan or back out of the parking area without using the North Parrott Avenue/Highway 441 right-of- way or blocking it for short periods of time. Water and wastewater services are currently provided by the Okeechobee Utility Authority. The location of the site outside of the city center and with direct frontage on US Highway 441 is appropriate for this use. If use is limited to the applicant's company trucks and is not open to the public, then the use should not generate a sufficient amount of vehicle trips (semi -trucks or otherwise) to overburden the local roadways. However, the size of the lot may not be adequate to facilitate truck movements that do not impede traffic on US Highway 441. Additionally, there does not seem to be adequate space on the site for storage of 10 semi -trucks. Should the Applicant's request be approved, the Board may want to consider placing a restriction on the number of semi -trucks that may be parked at one time on the site. Planning Staff's responses to the Applicant's presentation on the required findings are the property is designated C on the FLUM and the proposed use is not contrary to the Comprehensive Plan. The Applicant is requesting to allow parking and fueling of commercial vehicles which is comparable to outdoor sales and storage, building trades contractor is included under the list of Special Exception Uses in the CHV Zoning District. The proposed use could adversely affect the public interest should trucks cause blockages on North Parrott Avenue/US Highway 441. With landscape buffering, the proposed use is appropriate for this location however, the size of the subject parcel may not be appropriate for this use, as the Applicant has not demonstrated that there is sufficient space for semi -trucks to use the truck parking area without blocking the public roadways. The proposed use should not be a deterrent to the existing uses on adjacent property. A landscape buffer is proposed. The proposed use should not have a significant impact on water and wastewater. Residential density and school capacity will not be affected as no dwelling units are proposed and should the use be limited to company staff and vehicles, then vehicle trip generation should also not be significant. The site plan does include a water detention feature that will be reviewed by the city engineer and building department. Based on the foregoing analysis, we find that the subject property may not be large enough to fully accommodate the internal circulation and parking of multiple semi - trucks. Otherwise, the requested Special Exception is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. If the Applicant can demonstrate that ingress, egress and interior circulation will not cause significant blockages of North Parrott Avenue/US Highway 441, then we recommend approval of the Special Exception for outdoor sales and storage building trades contractor. October 15, 2020 Board of Adjustment Meeting Page 3 of 11 7 QUASI-JUDICIAL PUBLIC HEARING ITEM V. A. CONTINUED: Additionally, the Board may consider placing conditions on their approval including; need to maintain private use (company staff and vehicles only) of the facility only; prohibit offering fueling and other services to the public; limiting the number of semi -trucks that may be parked on the site at any one time; striping of semi -truck parking spaces; and requiring additional landscape buffering including installation and maintenance of specific hedge species (e.g. clusia, cocoplum, simpson stopper, silver buttonwood, etc.) along roadways to ensure screening. A motion was offered by Board Member Chartier to approve Special Exception Petition No. 20-001-SE which requests to allow a proposed use of parking and fueling of commercial vehicles including semi -tractor trailer trucks, which is comparable to outdoor sales and storage, building trades contractor Heavy Commercial (CHV) Zoning District, (Ref Sec 90-283(5)) on 0.479± acres located at 701 North Parrott Avenue with the following conditions: maintain private use (company staff and vehicles) of the facility only. Prohibit offering fueling and other services to the public; limit the number of semi -trucks that may be parked on the site at any one time; striping of semi -truck parking spaces; require additional landscape buffering including installation and maintenance of specific hedge species (clusia, cocoplum, simpson stopper, silver buttonwood) along roadways to ensure screening and conditional approval upon all improvements notated on the site plan being completed; seconded by Board Member Baughman. a) The Board briefly considered whether to add another condition regarding the septic system and in the end did not. b) Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Papasso and Shaw voted: Aye. Nays: None. Absent Chairperson Hoover. Motion Carried. B. City Planning Consultant Smith briefly reviewed the Planning Staff Report for Special Exception Petition No. 20-004-SE, which requests to allow a proposed use of drive - through service in a CHV Zoning District, (Ref. Code Sec. 90-283 (1)) on 18.86± acres located at 975 NE Park Street which is a proposed site for a RaceTrac gas station and convenience store. This site plan was previously approved by the Technical Review Committee and the Board of Adjustment previously approved a special exception for a convenience store with fuel pumps for this same project on May 21, 2020. Since then, the Applicant has made substantial revisions to the site plan including: a larger development area footprint on the parcel; drive through service was added; the floor area for the convenience store has been increased from 5,411 to 8,100 square feet; and one additional semi -truck fueling station has been added as well as a truck scale. The Applicant is planning to construct the RaceTrac gas station and convenience store on the Southwest 7.11 acres of the subject parcel (shown as parcel 1 on the survey). At this time, the Applicant is not proposing any development of the remaining area of Parcel 1. It is important to note that, despite the fact that the currently proposed development area is only a portion of the subject property, the applicant has applied for this special exception with a legal description that encompasses all of the subject property (parcel 1). If approved as requested, this special exception to allow drive through service will apply to the entire 18.86± acres of parcel 1 and it is conceivable that future development of the parcel could include drive through service without requesting another special exception for drive through service. Planner Smith also conveyed a revised site plan was reviewed by the Technical Review Committee (TRC) this morning and approval was made with a few conditions. City Administrator Montes De Oca offered information from the morning's TRC Meeting to the Board. There will be some modifications made to the curbing in the top area of the drive through to accommodate an easier turn for trucks with trailers or boats. Semi -trucks and RV will not be able to use the drive through. Some additional information was needed by the OUA. In addition to the wall along the Western boundary, there will be additional landscape buffering there and to the North above and beyond what is required. This will help to reduce noise and beautify the area. An additional landscaping island is required in the rear where truck parking is shown to be to break up the continuous row of parking. RaceTrac is currently working with the Florida Department of Transportation (FDOT) in regard to additional signalization. This type of use is exactly what one would see in the CHV corridor area. October 15, 2020 Board of Adjustment Meeting Page 4 of 11 W 1. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, stated their names and addresses for the record. Mr. Chris Luckey, 107 Northeast 8th Avenue, Okeechobee, Florida; Mr. George Pierce, 109 Northeast 8th Avenue, Okeechobee, Florida; Ms. Pedie Dickerhoof, 212 Northeast 8th Avenue, Okeechobee, Florida; Mr. Tom Hardy, 200 Galleria Parkway, SE, Suite 900, Atlanta, Georgia; Mr. Kevin Betancourt, 6300 Northwest 31 st Avenue, Fort Lauderdale, Florida; Mr. Steve Dobbs, 209 Northeast 2nd Street, Okeechobee, Florida; Mr. Marcos Montes De Oca, 55 Southeast 3rd Avenue, Okeechobee, Florida; and Mr. Ben Smith, LaRue Planning and Management, 1375 Jacksoi Street, Suite 206, Fort Myers, Florida. 2. Mr. Tom Hardy, Director of Engineering for RaceTrac, was present and available for questions from the Board. He explained RaceTrac is now getting into what they call their expanding diesel offer. They have been exploring this concept as well as the drive through portion. Currently the only RaceTrac that exists with a drive through is in Georgia. They do about 133 cars per day, 11 cars per hour. It is convenient and safer especially due to the COVID-19 concerns. Given this, they are wishing to build a larger store for more food components and call it a travel center. This Okeechobee site would be the first travel center with drive through service. He provided a diagram to the Board Members that showed stacking capabilities for nine cars in the drive through before getting to the window. In addition, a lot of the inventory will be accessible near the window to speed service up. Approximately 80 percent of what is sold in the store will be able to be sold at the window. Board Member Chartier inquired as to whether alcohol sales can be made at the window. Mr. Hardy responded yes if they are permitted to do so. 3. Vice Chairperson McCoy opened the floor for public comment. There was none. The Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to 57 surrounding property owners. 4. Board Member Chartier disclosure he spoke with City staff regarding the project No other disclosures were offered. 5. Planning Staff's responses to the Applicant's presentation on consistency with the LDR's are, the proposed use is specially listed as a special exception use in the CHV Zoning District. The proposed location on Northeast Park Street/State Road 70 near the Eastern boundary of the City will provide access to fuel and convenience goods along a heavily traveled roadway without encroaching on the City's Central Business District. With buffering of the adjacent residences, this location should be appropriate for the intended use. The property to the immediate North of the subject parcel is designated Single Family (SF) Residential on the FLUM and zoned Residential Mobile Home (RMH) with the use being that of the River Run Resort Mobile Home Park. The property to the East is designated C on the FLUM and zoned CHV with the use being vacant. The property to the South is designated C on the FLUM and zoned CHV with the uses being that of a Zaxby's Restaurant, a Family Dollar Store and the US Post Office. The property to the West is designated SF and C on the FLUM and zoned RMH and CHV with the uses being the River Run Resort Mobile Home Park and a manufacturers home sales center. The main compatibility concern is the existing residential neighborhood to the West. The ordering process at drive through kiosks can be somewhat noisy and head lights can shine throughout the nighttime operating hours. However, thq closest residence is about 100 feet away from the proposed location of the ordering kiosk and the entirety of the proposed development will be buffered from the adjacent residences by an eight -foot tall privacy wall and a landscape buffer which exceeds the minimum landscape buffer requirements provided in the City's LDR's. In addition, the proposed drive through facility could also be a design concern for this project. October 15, 2020 Board of Adjustment Meeting Page 5 of 11 A QUASI-JUDICIAL PUBLIC HEARING ITEM V. B. CONTINUED: The Applicant has provided a diagram that depicts nine standard sized vehicles fitting within the drive through lane. The Applicant stated that the drive through feature is a relatively new concept for RaceTrac stations. Without significant experience with drive throughs, it is concerning that more analysis has not been performed to determine whether or not the drive through will cause internal circulation issues which could be especially problematic during the peak am and peak pm periods, potentially causing backups into the public right-of-way. The Applicant's description of the proposed landscaping is consistent with the submitted site plan. A potential issue on this site is the Applicant has not provided sufficient analysis to demonstrate that the drive -through service will function adequately and not cause a public nuisance. All utility services will be designed and constructed according to the standards and approval of the corresponding jurisdictional authority. The Applicant's Traffic Engineer, MacKenzie Engineering, prepared a traffic assessment for the project which determined modifications would be necessary to the roadway and traffic light at the intersection with Southeast 10th Avenue. Contact is being made with FDOT as well as the City's Public Works Director. Planning Staff's responses to the Applicant's presentation on the required findings are the property is designated C on the FLUM and the proposed use is not contrary to the Comprehensive Plan. Drive -through service is specifically included under the list of Special Exception Uses in the CHV Zoning District. The question remains though whether the design will be appropriate for the location. The proposed use could adversely affect the public interest should the popularity of the drive through service exceed the ability of employees to serve drive through patrons and the queuing exceeds the limits of the development site. The proposed use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The development of this proposed use may possibly encourage development of the vacant property to the East. In addition, it is possible that property values and living conditions for the nearby residences could be affected, as additional noise is likely to be generated by the RaceTrac development. However, with the proposed buffering, it is unlikely to be any more than they are already affected by with other proposed uses at this site. An eight -foot tall privacy wall and significant landscaping is proposed. The proposed use will not impact the public school adopted levels of service and there is sufficient utility capacity to accommodate the proposed development. Drainage improvements, including a water retention area at the rear of the project, are included in the site plan. Public safety should not be affected by this project. Based on the above analysis, the requested Special Exception is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, if the Applicant can demonstrate at the Board of Adjustment hearing that the drive through service will function without causing a public nuisance, then we recommend approval of the Special Exception for drive through service with the following conditions: approval is contingent upon the applicant providing, at a minimum, the buffering features as depicted in the current draft of the site plan; and approval of this special exception request for drive through service is limited to the 7.11 acres of the development site, as depicted on the survey and plans. A motion was offered by Board Member Chartier to approve Special Exception Petition No. 20-004-SE, which requests to allow a proposed use of drive -through service in a CHV Zoning District, (Ref. Code Sec. 90-283 (1)) on 18.86± acres located at 975 NE Park Street which is a proposed site for a RaceTrac gas station and convenience store with the following conditions: approval is contingent upon the Applicant providing, at a minimum, the buffering features as depicted in the current draft of the site plan; approval of this Special Exception request for drive - through service is limited to the 7.11 acres of the development site, as depicted on the survey and plans; October 15, 2020 Board of Adjustment Meeting Page 6 of 11 10 QUASI-JUDICIAL PUBLIC HEARING ITEM V. B. CONTINUED: all TRC conditions which are coordinate with FDOT on traffic issues; provide a landscape island in the middle of the rear truck parking area so that no more than 12 spaces are in a row uninterrupted; provide sign plans which depict the building signs and pole/monument sign meeting the requirements of the City signage codes; demonstrate that the auto turn in the drive through will work with small trucks and modify curbing; provide additional plans to the OUA; provide additional buffering analyst with a written statement that gives optimum design height of the landscaping to be provided along the Western boundary; seconded by Board Member Baughman. a) The Board offered no further discussion. b) Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Papasso and Shaw voted: Aye. Nays: None. Absent Chairperson Hoover. Motion Carried. C. City Planning Consultant Smith briefly reviewed the Planning Staff Report for Special Exception Petition No. 20-005-SE, requesting to remove a special condition for no overnight parking previously set in Petition No. 20-002-SE approving a convenience store with fueling pumps in a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (25)) located at 975 NE Park Street which is a proposed site for a RaceTrac gas station and convenience store. This site plan was previously approved by the Technical Review Committee and the Board of Adjustment previously approved a special exception for a convenience store with fuel pumps for this same project on May 21, 2020. That previous Special Exception approval included several conditions; no overnight truck parking allowed; no showers; an eight -foot perimeter wall must be built along the western boundary of the site starting at the southern boundary of the River Run Resort, extending to the southern boundary of the subject site water retention area; increased landscape buffer provided along the western boundary between River Run Resort and the subject site water retention area; and any future development of the subject parcel along the boundaries of the River Run Resort must continue the eight -foot perimeter wall. Since then, the Applicant has made substantial revisions to the site plan including: a larger development area footprint on the parcel; drive through service was added; the floor area for the convenience store has been increased from 5,411 to 8,100 square feet; and one additional semi -truck fueling station has been added as well as a truck scale. They are requesting Special Exception approval for drive through service. The Applicant is planning to construct the RaceTrac gas station and convenience store on the Southwest 7.11 acres of the subject parcel (shown as parcel 1 on the survey). At this time, the Applicant is not proposing any development of the remaining area of Parcel 1. It is important to note that, despite the fact that the currently proposed development area is only a portion of the subject property, the applicant has applied for this special exception with a legal description that encompasses all of the subject property (parcel 1). If approved as requested, this special exception to allow a convenience store with fuel pumps will apply to the entire 18.86± acres of parcel 1. The reason the Applicant has reapplied for the special exception request for a convenience store with fuel pumps is to request that the condition of no overnight parking be removed. They would like to allow overnight parking now. The issue with this condition is problematic because the condition lacks specificity as "overnight" is not defined as a length of time or a time period in the day. Additionally, even if "overnight" were better defined, the condition could prove to be difficult and time consuming for the City to enforce. The police department would be responsible for regular checks on parked trucks every evening. And ultimately, if it is determined that trucks are parking overnight, it is unclear what enforcement actions the City should take. October 15, 2020 Board of Adjustment Meeting Page 7 of 11 1. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, stated their names and addresses for the record. Mr. Chris Luckey, 107 Northeast 8th Avenue, Okeechobee, Florida; Mr. George Pierce, 109 Northeast 8th Avenue, Okeechobee, Florida; Ms. Pedie Dickerhoof, 212 Northeast 8th Avenue, Okeechobee, Florida; Mr. Tom Hardy, 200 Galleria Parkway, SE, Suite 900, Atlanta, Georgia; Mr. Kevin Betancourt, 6300 Northwest 31St Avenue, Fort Lauderdale, Florida; Mr. Steve Dobbs, 209 Northeast 2"d Street, Okeechobee, Florida; Mr. Marcos Montes De Oca, 55 Southeast 3rd Avenue, Okeechobee, Florida; and Mr. Ben Smith, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida. 2. Mr. Tom Hardy, Director of Engineering for RaceTrac, was present and available for questions from the Board. He spoke about the redesign of the building making it larger and adding a drive -through feature. Overnight parking is huge for their business model to service their guests out back in the diesel area. There will not be a lounge or showers. With the proposed wall and buffering, this will help with noise to the residential neighborhood to the West and North. They are also taking a lot of safety precautions with cameras and lighting. This will not be a typical truck stop like are existing in other places. 3. Vice Chairperson McCoy opened the floor for public comment. Mr. Chris Luckey, 107 Northeast 8th Avenue, voiced his concerns regarding the removal of the condition for no overnight parking. At the meeting in May they were told this would not be a truck stop as they were assured semi -trucks were not going to be allowed to park for any extended period of time. Truck stops are known for noise, drug usage, prostitution and air pollution from the diesel fumes. He feels even though a wall is proposed to be built along the Western boundary, he still feels there will be access to his neighborhood for the above -mentioned activities to take place. He feels strongly that his neighborhood will not remain safe should this condition be removed and does not feel this use of a proposed truck stop is meant for inside the City limits. Secretary Burnette received an email from Mr. Luckey dated October 5, 2020 and asked whether he would like it to be read into the records since he was present and spoke. He said no as he spoken about everything he addressed in the email. Mr. George Pierce, 109 Northeast 8th Avenue, stated he had been around truck stops all his life and voiced concerns with smell, noise and the potential criminal activity that takes place at truck stops. He believes it will devalue his property and he doesn't want to live next to a truck stop. Board Member Chartier confirmed with Mr. Pierce that the truck stop has already been approved and Mr. Pierce said he understood that but did not want overnight parking. Ms. Pedie Dickerhoof, 212 Northeast 81h Avenue, was upset that she was back before the board as she was told at the previous meeting in May this would not be a truck stop. She feels even though there may not be showers that it is still a truck stop. Since trucks will now be idling all night long, she believes the wall along the Western boundary should either be taller or extend all the way along the entire property line. She commented about a gentleman that had come out to take soil samples and the possibility that because of the sandy conditions he may not be able to approve the proposed use going there. She commented on how flooded the area was already and was concerned there would be more drainage issues. She is concerned with her quality of life and feels like no one is hearing the resident's concerns. She doesn't understand why they are there if no parameters for overnight parking exist and it can't be enforced. Planner Smith responded one of the reasons the application is coming back is because of the condition that was placed on the approval as it was recognized to be problematic. We have given thought to this not just making rules so no one will follow them. The Applicant came back in good faith to be honest in their intentions. Mr. Steve Dobbs, 209 Northeast 2nd Street, was present anon be half of the property owner, H2oldings LLC. Over the years there have been existing plans for a mall and big box stores that have never taken place. To be able to develop this property, you are going to need a company that can afford the capital to make all the needed requirements before even starting to construct a building. He commented further that he thinks the only applications that have taken place on this parcel have been rezonings. October 15, 2020 Board of Adjustment Meeting Page 8 of 11 12 QUASI-JUDICIAL PUBLIC HEARING ITEM V. C. CONTINUED: He stated peak elevation in Taylor Creek is 15.5, and the elevation is 20 feet. As long as they have adequate discharge there should be no flooding. City Administrator Montes De Oca reiterated a few points. One must get a permit from the South Florida Water Management District. A few weeks ago, the entire City experienced flooding issues. The Applicant is putting in a wall and landscaping buffering that is above and beyond what is required in the City 's LDR's. If RaceTrac is open 24 hours, then you already have the action. We are held to our LDR's and there is no definition for overnight parking. Board Member Baughman inquired to Mr. Hardy as to whether given there is already this type of facility in Georgia with security cameras and such, do they feel they would have control of the parking lot. Mr. Hardy responded yes. They are trying to reinvent truck stops just like Wawa reinvented gas stations. They are trying to provide as much security and lighting as possible. There will be an attendant in the rear area taking care of the cleaning and such. He further commented that all the stores are corporate owned and not owned by franchises. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to 57 surrounding property owners. 4. No disclosures of Ex-Parte were offered. 5. Planning Staff's responses to the Applicant's presentation on consistency with the LDR's are, the proposed use is specially listed as a special exception use in the CHV Zoning District. The proposed location on Northeast Park Street/State Road 70 near the Eastern boundary of the City will provide access to fuel and convenience goods along a heavily traveled roadway without encroaching on the City's Central Business District. With buffering of the adjacent residences, this location should be appropriate for the intended use. The property to the immediate North of the subject parcel is designated Single Family (SF) Residential on the FLUM and zoned Residential Mobile Home (RMH) with the use being that of the River Run Resort Mobile Home Park. The property to the East is designated C on the FLUM and zoned CHV with the use being vacant. The property to the South is designated C on the FLUM and zoned CHV with the uses being that of a Zaxby's Restaurant, a Family Dollar Store and the US Post Office. The property to the West is designated SF and C on the FLUM and zoned RMH and CHV with the uses being the River Run Resort Mobile Home Park and a manufacturers home sales center. The main compatibility concern is the existing residential neighborhood to the West and North. The entirety of the proposed development will be buffered from the adjacent residences by an eight -foot tall privacy wall and a landscape buffer which exceeds the minimum landscape buffer requirements provided in the City's LDR's. All utility services will be designed and constructed according to the standards and approval of the corresponding jurisdictional authority. The Applicant's traffic engineer, MacKenzie Engineering, prepared a traffic assessment for the project which determined modifications would be necessary to the roadway and traffic light at the intersection with Southeast loth Avenue. Contact is being made with the Florida department of Transportation as well as the City's Public Works Director. Planning Staff's responses to the Applicant's presentation on the required findings are the property is designated C on the FLUM and the proposed use is not contrary to the Comprehensive Plan. Convenience store with fuel pumps is specifically included under the list of Special Exception Uses in the CHV Zoning District. The use should not have an adverse effect on the public interest. The proposed use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The development of this proposed use may possibly encourage development of the vacant property to the East. In addition, it is possible that property values and living conditions for the nearby residences could be affected, as additional noise is likely to be generated by the RaceTrac development. However, with the proposed buffering, it is unlikely to be any more than they are already affected by with other proposed uses at this site. An eight -foot tall privacy wall and significant landscaping is proposed. The proposed use will not impact the public school adopted levels of service and there is sufficient utility capacity to accommodate the proposed development. October 15, 2020 Board of Adjustment Meeting Page 9 of 11 13 QUASI-JUDICIAL PUBLIC HEARING ITEM V. C. CONTINUED. Drainage improvements, including a water retention area at the rear of the project are included in the site plan. Public safety should not be affected by this project. Based on the above analysis, the requested Special Exception is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend approval of the Special Exception request for a new convenience store with fuel pumps along with conditions that are either enforceable as features of the development or that provide specific parameters and enforcement actions. The revised site plan submitted for review by the Technical Review Committee does include an 8 foot wall along the western boundary of the development site and a significant landscape buffer at the rear of the development site; both of which were features that were required by the Board of Adjustment as conditions of their previous special exception approval. If the Board agrees to re -approve this special exception request, the Board may wish to consider the following conditions: approval is contingent upon the applicant providing, at a minimum, the buffering features as depicted in the current draft of the site plan; no showering facilities shall be constructed as part of this development; and future development of the subject parcel adjacent to the boundaries of the River Run Resort must provide an 8 foot tall perimeter wall. A motion was offered by Board Member Baughman to approve Special Exception Petition No. 20-005-SE, requesting to remove a special condition for no overnight parking previously set in Petition No. 20-002-SE approving a convenience store with fueling pumps in a Heavy Commercial Zoning District, (Ref. Code Sec. 90- 283 (25)) located at 975 NE Park Street which is a proposed site for a RaceTrac gas station and convenience store. with the following conditions: approval is contingent upon the Applicant providing, at a minimum, the buffering features as depicted in the current draft of the site plan; no showering facilities shall be constructed as part of this development; future development of the subject parcel adjacent to the boundaries of the River Run Resort Mobile Home Park must provide an eight -foot tall perimeter wall; seconded by Board Member Chartier. a) Board Member Baughman commented 30 years ago his father and him built the River Run Resort Mobile Home Park. As he is working the area now, he sees such a change. No businesses would come here because it was Okeechobee. He is excited to see that RaceTrac is wanting to build here. They have offered to build a wall; they are spending a lot of money to build a new business with security and make it different from all the old truck stops. I'm not excited about it being built in the middle of town but is excited about how modern the community will look. His father saw the vision of how to grow the community and he believes RaceTrac brings that vision here. Many other types of businesses could go here that may not offer the security like this business. He has feelings for the residents because his family knew them. The original owners wanted to see development. Board Member Brass commented it is easy to get excited about the caliber of the project. She embraces the thought of having an upscale RaceTrac here in the community. Her biggest reservation is the fact that she feels like she has been a part of a misrepresentation. Doesn't believe that any of the board really took the time to think about the overnight parking. Now they have to consider that things have changed, and lack of enforceability has been brought to the forefront. She cannot vote to approve a truck stop as the residents cannot be protected from the noise even though RaceTrac has generally offered to build the wall. She does not think business is dependent upon having a truck stop. Vice Chairperson McCoy and Board Members Chartier and Papasso all commented on the fact that there is nothing in the City's LDR's that address the overnight parking. We need to enforce the parameters that we have the ability to. There is also nothing that stops a trucker from pulling into any big box store and parking. October 15, 2020 Board of Adjustment Meeting Page 10 of 11 14 b) Vice Chairperson McCoy, Board Members Baughman, Chartier, and Papasso voted: Aye. Nays: Board Members Brass and Shaw. Absent Chairperson Hoover. Motion Carried. VICE CHAIRPERSON MCCOY CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT 7:43 P.M. VI. There being no further items on the agenda, Vice Chairperson McCoy adjourned the meeting at 7:43 P.M. ATTEST: Patty M. Burnette, Secretary Doug McCoy, Vice Chairperson Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. October 15, 2020 Board of Adjustment Meeting Page 11 of 11 CITY OF OKEECHOBEE, FLORIDA BOARD OF ADJUSTMENT MEETING AUGUST 20, 2020 DRAFT SUMMARY OF BOARD ACTION CALL TO ORDER Chairperson Hoover called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, August 20, 2020, at 6:03 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive Order No. 20-69 issued by Governor DeSantis on March 20, 2020, and extended by Executive Order No. 20-193 effective August 7, 2020, the meeting was conducted utilizing communications media technology (CMT) as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The video, audio, and other digital comments are recorded and retained as a permanent record. A. The Pledge of Allegiance was led by Chairperson Hoover. II. ATTENDANCE General Services Secretary Montoya called the roll. Chairperson Dawn Hoover, Vice - Chairperson Doug McCoy, Board Members Karyne Brass, Rick Chartier, Felix Granados and Mac Jonassaint were present. Alternate Board Member Joe Papasso was present. Board Member Phil Baughman and Alternate Board Member Jim Shaw were absent with consent. CITY STAFF: City Planning Consultant Ben Smith, Planning Board Secretary Patty Burnette, and Executive Assistant Robin Brock were present. City Attorney John Fumero was absent with consent. Chairperson Hoover moved Alternate Board Member Papasso to voting position. III. AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were none. B. A motion was made by Board Member Chartier to adopt the agenda as presented; seconded by Vice Chairperson McCoy. Chairperson Hoover, Vice Chairperson McCoy, Board Members Brass, Chartier, Granados, Jonassaint, and Papasso voted: Aye. Nays: None. Absent: Board Member Baughman. Motion Carried. IV. MINUTES A. A motion was made by Board Member Brass to dispense with the reading and approve the July 16, 2020 Board of Adjustment Regular Meeting minutes; seconded by Board Member Granados. Chairperson Hoover, Vice Chairperson McCoy, Board Members Brass, Chartier, Granados, Jonassaint and Papasso voted: Aye. Nays: None. Absent: Board Member Baughman. Motion Carried. V. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:06 P.M. City Planning Consultant Smith briefly reviewed the Planning Staff Report for Variance Request No. 20-001-V which requests to increase a two -face pole sign from 20-foot to 40-foot in height and the sign area from 50-square feet to 150-square feet, (Ref. Code Sec. 90-573 (a)(1)); to be used to bring attention to a secondary diesel canopy located in the rear of a proposed building for a RaceTrac Gas Station and Convenience Store at 975 East North Park Street/SR70. The City of Okeechobee's Land Development Regulations (LDR's) state that one ground sign or pole sign is allowed in the front yard, and such sign shall not exceed 50 square feet in sign area and 20 feet in height, and shall not be closer than 25 feet to a residential district. DRAFT August 20, 2020 Board of Adjustment Meeting Page 1 of 3 This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, stated their names and addresses for the record. Ms. Lavon Neal, 1001 Northeast 5th Street, Okeechobee, Florida; Ms. Samantha Jones and Ms. Cleo Chang, 200 Galleria Parkway, SE, Suite 900, Atlanta, Georgia; Mr. Ben Smith, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida. 2. Ms. Chang, Engineering Project Analyst for the Applicant, and Ms. Jones, Engineering Project Manager, both for RaceTrac Petroleum Inc., were present and available for questions. They distributed and reviewed a nine -page presentation. Page one being the cover page; page two an overview of the proposed RaceTrac location; page three the proposed site plan; page four a view traveling Westbound on East North Park Street/SR70; page five showing a pole sign meeting the City's current LDR's with a 10-inch diesel pricing sign; page six showing the proposed pole sign with a 24-inch diesel pricing sign; page seven depicts graphics showing their reasonings for the distance it would take a semi -tractor trailer to properly brake after one would see the signage for diesel fuel; page eight they pointed out compatibility and safety reasons for their request; and page nine for questions from the Board. Discussion among the Board Members focused on whether this denial would impact the operations of the business; the hardship being self-created from their design of the proposed site; the aesthetics and how it would affect the nearby residential neighborhood; placement of the proposed sign near the traffic light on Southeast 10t' Avenue and East North Park Street/SR70 not making the most sense as if it were further East so should one miss the first entrance they would still have time to turn into the second entrance and a very small part of the proposed sign actually addressed the diesel price and how this would inform semi - truck drivers diesel was available. Planner Smith felt the facility was large enough for the public to be aware of its location and that community aesthetics were established in the City's LDR's for a purpose. 3. Chairperson Hoover opened the floor for public comment. Ms. Neal voiced concerns regarding lighting and the possibility that the public may gather and socialize close to the property boundaries between the proposed Business and the River Run Resort Community. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to fifty-seven surrounding property owners. 4. No disclosures of Ex-Parte were offered. 5. Planning Staff's recommendation for denial is based upon two sets of criteria. One being the site's consistency with the current LDR's and the other, findings required for granting a Variance. Planning Staffs responses to the Applicant's presentation on consistency with the LDR's are: there are no unique physical conditions present on the development site or the larger subject parcel and the Applicant's comments do not demonstrate that any unique physical conditions are present on the site. Sections 70-172 and 70-374 explicitly state self-created problems and economic hardship shall not be grounds for granting a variance. The location of the diesel fueling area and general site layout are self-created problems and should not be used as justification for granting a variance. There is a 35-mph maximum speed limit on this segment of SR70 for both Eastbound and Westbound vehicles. For drivers that are maintaining that speed limit, a 20-foot tall, 50-square foot sign (which is the maximum allowed) should be adequately visible. Planning Staff's responses to the Applicant's presentation on the required findings are: locating the diesel fueling area at the rear of the site is a choice made by the Applicant and is a typical site design feature for large fueling station facilities with convenience stores such as the Applicant's proposed project. DRAFT August 20, 2020 Board of Adjustment Meeting Page 2 of 3 This is not a special condition or circumstance that pertains to the land or an existing structure. Staff feels the Applicant can adequately advertise their services with a sign that meets code. The Applicant is allowed the same right as other properties in the Heavy Commercial zoning district to construct a 20-foot tall, 50- square foot pole sign. The Applicant can make reasonable use of the land and their proposed structures without granting any Variances. Granting this Variance would confer a special privilege to the Applicant. Selling diesel fuel is not a justifiable reason to allow Variances from the sign code. The type and size of signage allowed within a community has a direct effect on community aesthetics. Some residents and business owners make decisions whether or not to purchase property based on the aesthetics of the immediate area. Allowing signage that does not fit within the community's standards may erode the public's faith in the local government's ability to uphold those standards and improve or maintain the community aesthetics. Based upon the foregoing information and comments, all of which demonstrate that the requested Variance does not meet the standards and findings required for granting of Variances by the Board of Adjustment, Staff recommends denial of the request. A motion was offered by Board Member Jonassaint to deny Variance Petition No. 20-001-V which requests to increase a two -face pole sign from 20-foot to 40-foot in height and the sign area from 50-square foot to 150-square foot to be used to bring attention to a secondary diesel canopy located in the rear of a proposed building for a RaceTrac Gas Station and Convenience store at 975 East North Park Street/SR/70 as required criteria for granting a Variance has not been met; seconded by Board Member Brass. a) The Board offered no further discussion. b) Chairperson Hoover, Vice Chairperson McCoy, Board Members Brass, Chartier, Granados, Jonassaint and Papasso voted: Aye. Nays: None. Absent Board Member: Baughman. Motion Carried. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:40 P.M. VI. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:40 P.M. Dawn T. Hoover, Chairperson ATTEST: Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. DRAFT August 20, 2020 Board of Adjustment Meeting Page 3 of 3 �4y.OF'OKff,yO6+ m CITY OF OKEECHOBEE, FLORIDA r+ m OCTOBER 15, 2020, BOARD OF ADJUSTMENT MEETING ap 915• MINUTE GUIDE V.:i_ • CALL TO ORDER l Pk" �, Xr3 IV. Irk Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, October 16, 2020, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive Order No. 20-69 issued by Governor DeSantis on March 20, 2020, and extended by Executive Order No. 20-246 effective September 30, 2020, the meeting was conducted utilizing communications media technology (CMT) as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The video, audio, and other digital comments are recorded and retained as a permanent record. ATTENDANCE Board of Adjustment Secretary Burnette called the roll. Chairperson Dawn Hoover, Vice - Chairperson Doug McCoy, Board Members Phil Baughman, Karyne Brass, Rick Chartier, Felix Granados and Mac Jonassaint "Were present. Alternate Board Members Joe Papasso and Jim Shaw'were present. CITY STAFF: City Attorney John Fumero, City Planning Consultant Ben Smith, General-Survices -See etapy vnsicaMontoya, and Executive Assistant Robin Brock were present. i 0 ( 01eipi � �1,t u ' �Jer 0LS mvve� 0 AGENDA ` Chairperson or withdrawn I '-),vU ,Iu10 Hoover asked whether there were any agenda items to be added, deferred, There were ) A motion was made by Board Member Cyia(11( to adopt the aaenda as presented: seconded by Board Member;. v vL 0-) (. r n f"O ✓ Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Granados and Jonassaint voted: Aye. Nays: None. Motion Carried. MINUTES A. A motion was made by Board Member to dispense with the reading and approve the August 20, 2020, Board of Adjustment Regular Meeting minutes; seconded by Board Member Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Granados and Jonassaint voted: Aye. Nays: None. Motion Carried. (( 1-p kw/ - CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT VO P.M. A. City Planning Consultant Mr. Smith briefly reviewed the Planning Staff Report for Special Exception Petition No. 20-001-SE which requests to allow a proposed use of parking and fueling of commercial vehicles including semi -tractor trailer trucks, which is comparable to outdoor sales and storage, building trades contractor Heavy Commercial (CHV) Zoning District, (Ref Sec 90-283(5)) on 0.479± acres located at 701 North Parrott Avenue. The Applicant has stated the facility will not be open to the public and will only be used to park and fuel their company trucks. There is an existing 1,800 square -foot building on the property which is currently used for storage and for an office. This structure is non- conforming to the required setbacks and no significant changes are proposed at this time. The proposed site plan shows usage of only one of the two entrances from Parrott Avenue/Highway 441 and only one of the two entrances from Northwest 7tn Street. In addition, the site plan depicts striped parking in front of the existing building as well as four striped parking spaces for semi -trucks with an above ground diesel fuel tank located between the existing building and the semi -truck parking area. October 15, 2020 Board of Adjustment Meeting Page 1 of 10 1. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, stated their names and addresses for the record.;, L-s1 }(G�r!�i'iwin' 2. Mr. Steven Dobbs, Consultant on behalf of the Property Owner, Keith Goodbread, Officer of Southern Construction & Development, Inc., was present and available for questions from the Board. 3. Chairperson Hoover opened the floor for public comment. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to 15 surrounding property owners. 4. No disclosures of Ex-Parte were offered. October 15, 2020 Board of Adjustment Meeting Page 2 of 10 n1► � � �� V-h2 � �) p LO ko v f r 2 S �rlr��► (��hQ rC, ��� `I o �I Y 5. Planning Staff's responses to the Applicant's presentation on consistency with the Land Development Regulations (LDR's) are, the proposed use is specially listed as a special exception use in the CHV Zoning District. North Parrott Avenue/Highway 441 is considered a shipping corridor, and should some buffering be provided, and the usage be limited to private fueling and parking of company trucks, then the location should be appropriate for the intended uses. The property to the immediate North of the subject parcel is designated Commercial (C) on the Future Land Use Map (FLUM) and zoned CHV with the use being that of a computer repair/UHaul business. The property to the East is designated C on the FLUM and zoned CHV with the use being that of Sears retail store. The property to the South is designated C on the FLUM and zoned CHV with the use being that the Traveler's Inn Motel. The property to the West is designated Industrial (1) on the FLUM and zoned Industrial (IND) with the use being that of Central Storage Company self -storage facility. The proposed use is not expected to negatively affect adjacent uses. The only new structures proposed for the site are an above ground fuel tank and a fence. The Applicant's site plan depicts landscaping meeting the minimum standards of the City's Land Development Regulations (LDR's), including buffers along both roadways. The main potential issues on this site are the aesthetics of the truck parking, the safety of the fueling tank, and the potential for truck movements to block traffic on North Parrott Avenue/Highway 441. The site plan does provide two bollards for the fuel tank. Additional bollards should be used to ensure protection of the tank. It may be questionable whether trucks will be able to back into the parking area shown on the site plan or back out of the parking area without using the North Parrott Avenue/Highway 441 right-of- way or blocking it for short periods of time. Water and wastewater services are currently provided by the Okeechobee Utility Authority. The location of the site outside of the city center and with direct frontage on US Highway 441 is appropriate for this use. If use is limited to the applicant's company trucks and is not open to the public, then the use should not generate a sufficient amount of vehicle trips (semi -trucks or otherwise) to overburden the local roadways. However, the size of the lot may not be adequate to facilitate truck movements that do not impede traffic on US Highway 441. Additionally, there does not seem to be adequate space on the site for storage of 10 semi -trucks. Should the Applicant's request be approved, the Board may want to consider placing a restriction on the number of semi -trucks that may be parked at one time on the site. Planning Staff's responses to the Applicant's presentation on the required findings are the property is designated C on the FLUM and the proposed use is not contrary to the Comprehensive Plan. The Applicant is requesting to allow parking and fueling of commercial vehicles which is comparable to outdoor sales and storage, building trades contractor is included under the list of Special Exception Uses in the CHV Zoning District. The proposed use could adversely affect the public interest should trucks cause blockages on North Parrott Avenue/US Highway 441. With landscape buffering, the proposed use is appropriate for this location however, the size of the subject parcel may not be appropriate for this use, as the Applicant has not demonstrated that there is sufficient space for semi -trucks to use the truck parking area without blocking the public roadways. The proposed use should not be a deterrent to the existing uses on adjacent property. A landscape buffer is proposed. The proposed use should not have a significant impact on water and wastewater. Residential density and school capacity will not be affected as no dwelling units are proposed and should the use be limited to company staff and vehicles, then vehicle trip generation should also not be significant. The site plan does include a water detention feature that will be reviewed by the city engineer and building department. Based on the foregoing analysis, we find that the subject property may not be large enough to fully accommodate the internal circulation and parking of multiple semi - trucks. Otherwise, the requested Special Exception is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. If the Applicant can demonstrate that ingress, egress and interior circulation will not cause significant blockages of North Parrott Avenue/US Highway 441, then we recommend approval of the Special Exception for outdoor sales and storage building trades contractor. Additionally, the Board may consider placing conditions on their approval including; need to October 15, 2020 Board of Adjustment Meeting Page 3 of 10 maintain private use (company staff and vehicles only) of the facility only; prohibit offering fueling and other services to the public; limiting the number of semi -trucks that may be parked on the site at any one time; striping of semi -truck parking Oond�f�o�2� spaces; and requiring additional landscape buffering including installation and 4pp� i �,'Prv�P`" maintenance of specific hedge species (e.g. clusia, cocoplum, simpson stopper, silver buttonwood, etc.) along roadways to ensure screening. A motion was offered by Board Member 0�Ilel to approve Special Exception Petition No. 20-001-SE which requests to allow a proposed use of parking and fueling of commercial vehicles including semi -tractor trailer trucks, which is comparable to outdoor sales and storage, building trades contractor Heavy Commercial (CHV) Zoning District, (Ref Sec 90-283(5)) on 0.479± acres located at 701 North Parrott Avenue with the following conditions: to i 14t 4yt C, (` r k d 0 i a) The Board offered no further discussion. b) Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Jonassaint and Granados voted: Aye. Nays: None. Motion Carried B. City Planning Consultant Smith briefly reviewed the Planning Staff Report for Special Exception Petition No. 20-004-SE, which requests to allow a proposed use of drive - through service in a CHV Zoning District, (Ref. Code Sec. 90-283 (1)) on 18.86± acres located at 975 NE Park Street which is a proposed site for a RaceTrac gas station and convenience store. This site plan was previously approved by the Technical Review Committee and the Board of Adjustment previously approved a special exception for a convenience store with fuel pumps for this same project on May 21, 2020. Since then, the Applicant has made substantial revisions to the site plan including: a larger development area footprint on the parcel; drive through service was added; the floor area for the convenience store has been increased from 5,411 to 8,100 square feet; and one additional semi -truck fueling station has been added as well as a truck scale. The Applicant is planning to construct the RaceTrac gas station and convenience store on the Southwest 7.11 acres of the subject parcel (shown as parcel 1 on the survey). At this time, the Applicant is not proposing any development of the remaining area of Parcel 1. It is important to note that, despite the fact that the currently proposed development area is only a portion of the subject property, the applicant has applied for this special exception with a legal description that encompasses all of the subject property (parcel 1). If approved as requested, this special exception to allow drive through service will apply to the entire 18.86± acres of parcel 1 and it is conceivable that future development of the parcel could include drive through service without requesting another special exception for drive through service. (Orr ' �� l ( L ; I 1, 1. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, stated their names and addresses for the record. e vi(� _4vL #Ly i`ia� Ms. Samantha -Jones, Engineering Project Manager on behalf of the Applicant, RaceTrac Petroleum Inc., was present and available for questions from the Board. vo X Ira �. r� o w .,, C� 13 ow 11 '110 =_ �' � October 15, 2020 Board of Adjustment Meeting Page 4 of 10 tlI( � o ' 3. Chairperson Hoover opened the floor for public comment. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to 57 surrounding property owners. 4. No disclosures of Ex-Parte were offered. ✓v �. October 15, 2020 Board of Adjustment Meeting Page 5 of 10 5. Planning Staff's responses to the Applicant's presentation on consistency with the LDR's are, the proposed use is specially listed as a special exception use in the CHV Zoning District. The proposed location on Northeast Park Street/State Road 70 near the Eastern boundary of the City will provide access to fuel and convenience goods along a heavily traveled roadway without encroaching on the City's Central Business District. With buffering of the adjacent residences, this location should be appropriate for the intended use. The property to the immediate North of the subject parcel is designated Single Family (SF) Residential on the FLUM and zoned Residential Mobile Home (RMH) with the use being that of the River Run Resort Mobile Home Park. The property to the East is designated C on the FLUM and zoned CHV with the use being vacant. The property to the South is designated C on the FLUM and zoned CHV with the uses being that of a Zaxby's Restaurant, a Family Dollar Store and the US Post Office. The property to the West is designated SF and C on the FLUM and zoned RMH and CHV with the uses being the River Run Resort Mobile Home Park and a manufacturers home sales center. The main compatibility concern is the existing residential neighborhood to the West. The ordering process at drive through kiosks can be somewhat noisy and head lights can shine throughout the nighttime operating hours. However, the closest residence is about 100 feet away from the proposed location of the ordering kiosk and the entirety of the proposed development will be buffered from the adjacent residences by an eight -foot tall privacy wall and a landscape buffer which exceeds the minimum landscape buffer requirements provided in the City's LDR's. In addition, the proposed drive through facility could also be a design concern for this project. The Applicant has provided a diagram that depicts nine standard sized vehicles fitting within the drive through lane. The Applicant stated that the drive through feature is a relatively new concept for RaceTrac stations. Without significant experience with drive throughs, it is concerning that more analysis has not been performed to determine whether or not the drive through will cause internal circulation issues which could be especially problematic during the peak am and peak pm periods, potentially causing backups into the public right-of-way. The Applicant's description of the proposed landscaping is consistent with the submitted site plan. A potential issue on this site is the Applicant has not provided sufficient analysis to demonstrate that drive -through service will function adequately and not cause a public nuisance. All utility services will be designed and constructed according to the standards and approval of the corresponding jurisdictional authority. The Applicant's traffic engineer, MacKenzie Engineering, prepared a traffic assessment for the project which determined modifications would be necessary to the roadway and traffic light at the intersection with Southeast 10tn Avenue. Contact is being made with the Florida department of Transportation as well as the City's Public Works Director. ovNos r�V►ec�ed 1��CUL bu�frv�'u� �t lQ�rt �� ,�,� �+,� � I� 1��;,r✓� �s <<7C �u f v1 It c r �� ; October 15, 2020 Board of Adjustment Meeting Page 6 of 10 Planning Staff's responses to the Applicant's presentation on the required findings are the property is designated C on the FLUM and the proposed use is not contrary to the Comprehensive Plan. Drive -through service is specifically included under the list of Special Exception Uses in the CHV Zoning District. The question remains though whether the design will be appropriate for the location. The proposed use could adversely affect the public interest should the popularity of the drive through service exceed the ability of employees to serve drive through patrons and the queuing exceeds the limits of the development site. The proposed use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The development of this proposed use may possibly encourage development of the vacant property to the East. In addition, it is possible that property values and living conditions for the nearby residences could be affected, as additional noise is likely to be generated by the RaceTrac development. However, with the proposed buffering, it is unlikely to be any more than they are already affected by with other proposed uses at this site. An eight -foot tall privacy wall and significant landscaping is proposed. The proposed use will not impact the public school adopted levels of service and there is sufficient utility capacity to accommodate the proposed development. Drainage improvements, including a water retention area at the rear of the project, are included in the site plan. Public safety should not be affected by this project. Based on the above analysis, the requested Special Exception is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, if the Applicant can demonstrate at the Board of Adjustment hearing that the drive through service will function without causing a public nuisance, then we recommend approval of the Special Exception for drive through service with the following conditions: approval is contingent upon the applicant providing, at a minimum, the buffering features as depicted in the current draft of the site plan; and approval of this special exception request for drive through service is limited to the 7.11 acres of the development site, as depicted on the survey and plans. A motion was offered by Board Member to approve Special Exception Petition No. 20-004-SE, which requests to allow a proposed use of drive -through service in a CHV Zoning District, (Ref. Code Sec. 90-283 (1)) on 18.86± acres located at 975 NE Park Street which is a proposed site for a RaceTrac gas station and convenience store with the following conditions: a) The Board offered no f�11urther discussion. S f Tf-C b) Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Granados and Jonassaint voted: Aye. Nays: None. Motion Carried C. City Planning Consultant Smith briefly reviewed the Planning Staff Report for Special Exception Petition No. 20-005-SE, requesting to remove a special condition for no overnight parking previously set in Petition No. 20-002-SE approving a convenience store with fueling pumps in a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (25)) located at 975 NE Park Street which is a proposed site for a RaceTrac gas station and convenience store. This site plan was previously approved by the Technical Review Committee and the Board of Adjustment previously approved a special exception for a convenience store with fuel pumps for this same project on May 21, 2020. That previous Special Exception approval included several conditions; no overnight truck parking allowed; no showers; an eight -foot perimeter wall must be built along the western boundary of the site starting at the southern boundary of the River Run Resort, extending to the southern boundary of the subject site water retention area; increased landscape buffer provided along the western boundary between River Run Resort and the subject site water retention area; and any future development of the subject parcel along the boundaries of the River Run Resort must continue the eight -foot perimeter wall. Since then, the Applicant has made substantial revisions to the site plan including: a larger development area footprint on the parcel; drive through service was added; the floor area October 15, 2020 Board of Adjustment Meeting Page 7 of 10 for the convenience store has been increased from 5,411 to 8,100 square feet; and one additional semi -truck fueling station has been added as well as a truck scale. They are requesting Special Exception approval for drive through service. The Applicant is planning to construct the RaceTrac gas station and convenience store on the Southwest 7.11 acres of the subject parcel (shown as parcel 1 on the survey). At this time, the Applicant is not proposing any development of the remaining area of Parcel 1. It is important to note that, despite the fact that the currently proposed development area is only a portion of the subject property, the applicant has applied for this special exception with a legal description that encompasses all of the subject property (parcel 1). If approved as requested, this special exception to allow a convenience store with fuel pumps will apply to the entire 18.86± acres of parcel 1. The reason the Applicant has reapplied for the special exception request for a convenience store with fuel pumps is to request that the condition of no overnight parking be removed. They would like to allow overnight parking now. The issue with this condition is problematic because the condition lacks specificity as "overnight" is not defined as a length of time or a time period in the day. Additionally, even if "overnight" were better defined, the condition could prove to be difficult and time V1 4 consuming for the City to enforce. The police department would be responsible for regular checks on parked trucks every evening. And ultimately, if it is determined that trucks are parking overnight, it is unclear what enforcement actions the City should take. A�( \,"Y 1. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered .,.. �� an oath to those intending to offer testimony, all responded affirmatively, stated their names and addresses for the record. ,.j-� Ve i Tore) l� vi 1�1 2. Ms. Samanthaldones, Engineering Project Manager on behalf of the Applicant, RaceTrac Petroleum Inc., was present and available fpr ;qugp ions rom the Board. 1l`f (�11�''i tJf �., �.� _� � _., j �Octt Lk Cl ���( l `� 1 ii V :i• i �l �PrC IY "� � [rr (`J�6'r i I SD� V n0 uu rc�e row Chairperson Heover opened the floor for public comment. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to 57 surroundingF�, property owners. 4. No disclosures of Ex-Parte were offered. 1-n rr 5. Planning Staff's responses to the Applicant's presentation on consistency with the LDR's are, the proposed use is specially listed as a special exception use in the Q �f CHV Zoning District. The proposed location on Northeast Park Street/State Road \ t� 70 near the Eastern boundary of the City will provide access to fuel and A convenience goods along a heavily traveled roadway without encroaching on the �X\ ,��•. City's Central Business District. With buffering of the adjacent residences, this location should be appropriate for the intended use. The property to the immediate North of the subject parcel is designated Single Family (SF) Residential on the FLUM and zoned Residential Mobile Home (RMH) with the use being that of the River Run Resort Mobile Home Park. The property to the East is designated C on the FLUM and zoned CHV with the use being vacant. The property to the South is designated C on the FLUM and zoned CHV with the uses being that of a Zaxby's Restaurant, a Family Dollar Store and the US Post Office. The property to the West is designated SF and C on the FLUM and zoned RMH and CHV with the uses being the River Run Resort Mobile Home Park and a manufacturers home sales center. The main compatibility concern is the existing residential neighborhood to the West and North. The entirety of the proposed development will be buffered from the adjacent residences by an eight -foot tall privacy wall and a landscape buffer which exceeds the minimum landscape buffer requirements provided in the City's LDR's. All utility services will be designed and constructed according to the standards and approval of the corresponding jurisdictional authority. The Applicant's traffic engineer, MacKenzie Engineering, prepared a traffic assessment for the project which determined modifications would be necessary to the roadway and traffic light at the intersection with Southeast 10th Avenue. October 15, 2020 Board of Adjustment Meeting Page 8 of 10 CD qC: Contact is being made with the Florida department of Transportation as well as the City's Public Works Director. Planning Staff's responses to the Applicant's presentation on the required findings are the property is designated C on the FLUM and the proposed use is not contrary to the Comprehensive Plan. Convenience store with fuel pumps is specifically included under the list of Special Exception Uses in the CHV Zoning District. The use should not have an adverse effect on the public interest. The proposed use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The development of this proposed use may possibly encourage development of the vacant property to the East. In addition, it is possible that property values and living conditions for the nearby residences could be affected, as additional noise is likely to be generated by the RaceTrac development. However, with the proposed buffering, it is unlikely to be any more than they are already affected by with other proposed uses at this site. An eight -foot tall privacy wall and significant landscaping is proposed. The proposed use will not impact the public school adopted levels of service and there is sufficient utility capacity to accommodate the proposed development. Drainage improvements, including a water retention area at the rear of the project, are included in the site plan. Public safety should not be affected by this project. Based on the above analysis, the requested Special Exception is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend approval of the Special Exception request for a new convenience store with fuel pumps along with conditions that are either enforceable as features of the development or that provide specific parameters and enforcement actions. The revised site plan submitted for review by the Technical Review Committee does include an 8 foot wall along the western boundary of the development site and a significant landscape buffer at the rear of the development site; both of which were features that were required by the Board of Adjustment as conditions of their previous special exception approval. If the Board agrees to re -approve this special exception request, the Board may wish to consider the following conditions: approval is contingent upon the applicant providing, at a minimum, the buffering features as depicted in the current draft of the site plan; no showering facilities shall be constructed as part of this development; and future development of the subject parcel adjacent to the boundaries of the River Run Resort must provide an 8 foot tall perimeter wall. A motion was offered by Board Memberto approve Special Exception Petition No. 20-005-SE, requesting to remove a special condition for no rc, overnight parking previously set in Petition No. 20-002-SE approving a � convenience store with fueling pumps in a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (25)) located at 975 NE Park Street which is a proposed site for a RaceTrac gas station and convenience store. with the following conditions: o S1- a) The Board offered no further discussion. b) Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Granados and Jonassaint voted: Aye. Nays: None. Motion Carried k - �j CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT)P'V� . bctober 15, 2020 Board of Adjustment MeetipS Page 9 of 1 ju , �� Q 10, °r a VI.There being no further items on the agenda, Chairperson Hoover adjourned the meeting at P.M. Dawn T. Hoover, Chairperson ATTEST: Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. October 15, 2020 Board of Adjustment Meeting Page 10 of 10 (,5•OF•oNfFCh CITY OF OKEECHOBEE o T BOARD OF ADJUSTMENT MEETING ..• J OCTOBER 15, 2020 ' 91 HANDWRITTEN MINUTES BY BOBBIE JENKINS I. Chairperson Hoover called the regular Board of Adjustment meeting for the City of Okeechobee to order on Thursday, October 15, 2020, at _6 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive Order No. 20-69 issued by Governor DeSantis on March 20, 2020, and extended by Executive Order No. 20-246 effective September 30, 2020, the meeting and workshop were conducted utilizing communications media technology as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The video, audio, and other digital comments are recorded and retained as a permanent record. A. Pledge of Allegiance was offered by II. ATTENDANCE Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman Board Member Karyne Brass Board Member Rick Chartier Board Member Felix Granados Board Member Mac Jonassaint Alternate Board Member Joe Papasso Alternate Board Member Jim Shaw City Attorney John Fumero City Administrator Marcos MontesDeOca City Planning Consultant Ben Smith Planning Board Secretary Patty Burnette General Services Secretary Yesica Montoya Executive Assistant Robin Brock Deputy City Clerk Bobbie Jenkins PRESENT ABSENT _x_ x _x _x _x _x _x_ _x_ _x_ x_ _x_ x_ _x_ _x_ _x_ _x_ 1��Cile u7m with consent with consent moved Reg moved Reg III. AGENDA A. Vice -Chair asked whether there were any agenda items to be added, deferred, or withdrawn; there were none. B. Board Member _RC moved to approve the agenda as presented; seconded by Board Member KB_. Vote: McCoy_ Baughman_ Brass_ Chartier_ Papasso_ Shaw Motion Carried IV. MINUTES A. A motion was made by Board Member _KB to dispense with the reading and approve the August 20, 2020, Regular Meeting minutes; seconded by Board Member PB Vote: McCoy_ Baughman_ Brass_ Chartier_ Papasso_ Shaw_ Motion Carried IV. CHAIR OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT _6:03 P.M A. Special Exception Petition No. 20-001-SE, requesting to allow a proposed use of parking and fueling of commercial vehicles, which is comparable to outdoor sales and storage, building trades contractor in a Heavy Commercial Zoning District, reference Code Section 90-283(5), located at 701 North Parrott Avenue [as provided in Exhibit 1]. B. Jenkins Handwritten Minutes, October 15, 2020 Board of Adjustment Meeting, Page 1 of 7 1. Administer of Oath. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. Patty Burnette administer of oath. 2. Review Planning Staff Report. Ben Smith -this request has been made by the applicant for a special exception to allow the use of outdoor sales and building trades contracgtor. It is a use, and is most comparable to what the applicant is intending to do, park and fuel semi -trucks on property, utilize building for office and storage purposes, no changes to existing building at this time. Because they're requesting to do this use, we are looking for them to make some improvements. Not going before TRC, not adding any structures to the property except fuel tank and fence. Only need approval from BOA. Just a few specifics on the property is a change, we found out last week, going to show up incorrect on staff report, actually no sewer service on this site, septic tank in the alley to the west, not verified yet, applicant will speak more on that in a moment. Do have concerns about location of septic tank/leech lines, can run into issues of paving and driving over these structures. To be fair, the applicant did not know about this. Some improvements are: pave the property for the parking area, provide striped parking. Were you all provided with a copy of the site plan? Look at site plan, parking for 4 trucks, parking in frton of existing building for standard size vehicles as well as ada space. Being that the structure is existing, and non -conforming, it does not need to conform to current code, asked for parking and landscaping. To be fair, I haven't heard back from the applicant yet regarding the septic tank issue, need to hear from them because that will affect the site plan. Go over conditions to consider: may be a consideration to defer until we figure out the septic tank issue. Page 6 of staff report, one of the main concerns that I see is if you look at the parking spaces for the semi trucks, issue with the trucks in bottom spaces, two want to park in top spaces, whats the turning radius, how do they plan to address that. If you are comfortable with the septic tank issue. The applicant has stated its going to be for private use, but open to public, see some traffic blockages. You may also want to limit the number of trucks to be parked at one time. They were thinking about adding 10 trucks. I personally don't see any way that many trucks can fit on there. Striping of the semi trucks, additional landscaping, hedge materials to screen use from roadway, not listed but sould be consider, approvial conditional upon improvements shown on site plan, fence, landscaping, paving, striping, so they can't get the approval without doing the recommendations. 3. Hear from the Property Owner or Designee/Agent-Mr. Steven Dobbs, Consultant on behalf of property owner Southern Construction & Development. Mr. Steve Dobbs, 209 NE 2nd St, applicant rep. the septic tank and drainfield probably is in the alley to the west of the property. Have had conversations with OUA, there is a gravity line in the alley, must put in private lift station to tie in, plan to use for storage only. Plan for a central location to park and fuel trucks. He has other lands that he can park the trucks. But that's the way the site is planned to work. Like I say, we do have the paving and fencing, and so again, the trucks will come in and fuel during the day and park at night. Guys will park personal vehicles during the day. They haul to yeehaw somewhere. KB -speak to the issues of impeding 441 traffic. Steve -is a private use, cognicent that it is a small site, coordination and logistics issue with their emiployees, go around the block if you can't pull off the road, that's how they have explained it to me. RC -septic has nothing to do with the building, just to park trucks Steve -first time ive run into something that's not even on the property, they're not planning on using this building, not sure of the shape, been there forever, fairly small lot, not a whole lot of uses, again the owner is the one who wants to park the trucks on there. But with that septic and drainfield being in the alley, it's a 250 sq ft septic in the alley. There's a lot of things in okee JP -entrances directional? Cant see where they can back in off of 441 Steve -I haven't seen that. Must park the northerly truck first or you wouldn't be able to park. I've never seen them come to park. That's the only thing that makes sense on how they're able to. RC -blocking 441 already exists. Seen another company that pulled out 441 and blocked all of us, about a block away for the location Steve-ive seen the same thing, the trucks have to get out and if they wait, they will never get out. Not a good situation but I here there is going to be a traffic light. KB -looking at site plan, don't see how trucks will back in there without using 441, 1 don't know how they get in there, even if you park the one to the north first. Steve -lot is 150' large enough to maneuver on.We are able to get the trucks in and out with 95 feet. KB -so you can utilize the proposed area for maneuvering, but there's not that kind of room according to this. B. Jenkins Handwritten Minutes, October 15, 2020 Board of Adjustment Meeting, Page 2 of 7 Steve -they'd be pulling in and back around. KB -I haven't seen them park there. Steve -right now the guys are facing 441. Not a huge potention area but its something. DM -tank is being moved? Steve -yes permit was issued and already has been moved. PB-been driving trucks all my life and I don't see any problem with it. RC -is there a reason to consider waving the septic issue? Ben -I'm not sure where it is, and it may pave over it. Jim -neighbor prompted it, written or phone call. May be an issue with them, Ben -must have knowledge of the situation. Called Patty direct. Jim -so what would have taken place if we didn't know. Common sense, if they called, its an issue to them so it should probably be looked at RC -have you provided staff with a survey of where its at now Steve-1 have not, survey didn't pick it up when he did the budilging, we can get one RC -is there a way we can approve this contingent Mark Goodbread — have an appointment to resolve the situation with the health department. Bought it in 2000 with no due diligence, whatever we have to do to make it right, we'll do it. JP -correct me if im wrong, the only issue is the location DM -septic system off property as long as you have an agreement with the property owner for a utility easement. PB-here's what I see, he will have to meet those requirements as well as our requirements, he's going to have to meet all requirements. It has to meet code and be fixed. DM -the building doesn't have a CO PB-it could be a storage building without restrooms, JP -the septic system is off property its not an issue DM -any truck washing? Steve -as far as we know, there wont be. 4. Public comments or questions from those in attendance or submitted to the Board Secretary. There were no public comments. 5. Disclosure of Ex-Parte Communications' by the Board. DM -I have spoken with Mr. Dobbs and Mr. Goodbread, inspector for the fuel tank and looked at it originally for requirements. 6. RC made a motion to approve Petition with special conditions with improvements as shown on the site plan; seconded by PB. a) Board discussion. JS-are we going to turn a blind eye to the septic tank issue. Ben -you can make the condition with health dept approval. PB-you adding another condition b) Vote on motion. Vote: McCoy_ Baughman_ Brass_ Chartier_ Papasso Shaw_ Motion Carried B. Special Exception Petition No. 20-004-SE, requesting to allow a proposed use of drive - through service in a Heavy Commercial Zoning District, reference Code Section 90-283 (1), located at 975 East North Park Street [as provided in Exhibit 2]. 1. Administer of Oath. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. PB administered oath 2. Review Planning Staff Report. Ben previously approved SE for this property. Since that time, the applicant has modified the site plan, increased the development site are on the subject property, its now about 7 acres of the parcel, the community store is larger, added another truck fuel station and scale, add a drive thru service, in CHV district, that's a SE. they did this morning go to the TRC with the new site plan, approved with conditions (approval from BOA for drive thru). SO we reviewed this requrest according to the code criteria, fairly satisfied except that the drive thru service will be able to operate without excessive internal issues that will cause external issues on SR70. B. Jenkins Handwritten Minutes, October 15, 2020 Board of Adjustment Meeting, Page 3 of 7 Applicant will explain to you on how the drive thru service works. They can serve the customers fast enough, stacking would not exceed the limitations. They're here to speak on that, if you do find there are no issues, recommend approving with page 8 conditions (see wording). The reason for the condition is because they've requested the SE for the entire 18 acres, so if you approve it for the whole property another business could come in without coming to the BOA. It is very likely for the reminder of the property will be developed. The other way you can make condition 2, say it is limited to racetrac development and they are the only one to have the drive thru service. KB -in the site pina review, content with what they saw for traffic flow. Ben -the applicant is in coordination with FDOT for the improvements that will need to be made. SE 101h light will change. This use is going to add a significant amount of vehicle trips to the roadway. MDO-55 se V ave, traffic is a caveat, going thru with DOT additional signalization. Deficiency in the landscaping in the rear, require a single spot landscape island to break that up so there's additional parking, a couple notes from OUA, buffer along the rear, make it a note for the public, not only a wall for maintenance, they have an additional buffering above and beyond what is required. The landscaping is above and beyond for the area. Beautify and reduce the noise. Above and beyond, CHV corridor, type of property we should see. It keeps the traffic specifically separate. DM —only pertains to drive thru. Not about the expansion, its adding a drive thru maybe a small restaurant. MDO-one of the concerns, what are they going to be doing with this drive thru. Everything is going back to FDOT and they're being pretty rigorous. KB -additional buffering to the west or north MDO-both JP -internal analysis will make the radius? MDO-yes look at the scale, its kind of deceiving, not for RV and semi's. modify curbing at the top. DM -if someone wants to speak about the trucking aspect, just wait. 3. Hear from the Property Owner or Designee/Agent-Ms. Samantha Jones, Engineering Project Manager on behalf of the Applicant, RaceTrac Petroleum Inc. Racetrac-appreciate opportunity to get in front of yall. Racetrac you've seen us all over florida, we're just now getting into what we are calling our expanding diesel offer. What other business aspect we've been exploring is the drive thru portion but covid pushed it. GA does about 133 cars per day, 11 cars per hour. Less than 2 cars every 10 minutes. We're doing it more for convenience and safety, this helps out because we are an essential business for gas and grocery. IT helps with covid, since we originally talked to yall we were only bringing a traditional store and truck canopy, we want to put in our larger building for food components with a larger building. This is what we call a travel center. This would also be the very first travel center with a drive thru. Color diagram with stacking-9 cars can stack before you get to the window. That is a pretty wide area, we've seen competitors do this. At the very top of it, we will make the curbs mountable curbs. As far as wat we sell out the window, 80% of what's in store, have a lot of inventory at the window. They will run to get something if they order something that's not easily available. So that's really what the drive thru is. Questions about drive thru. RC -curious on drive thru-alcohol sales, Racetrac-if its legal we will do it. 4. Public comments or questions from those in attendance or submitted to the Board Secretary. No comments 5. Disclosure of Ex-Parte Communications' by the Board. RC -spoke with staff a little bit about the project 6. RC made a motion to approve with special conditions from TRC and staff report page 8; second from PB. a) Board discussion. KB -limiting this to their current project? DM -correct b) Vote on motion. Vote: McCoy_ Baughman_ Brass_ Chartier_ Papasso_ Shaw. Motion Carried B. Jenkins Handwritten Minutes, October 15, 2020 Board of Adjustment Meeting, Page 4 of 7 C. Special Exception Petition No. 20-005-SE, requesting to remove a special condition for no overnight parking previously set in Petition No. 20-002-SE approving a convenience store with fuel pumps in a Heavy Commercial Zoning District, reference Code Sec. 90-283(25), located at 975 East North Park Street [as provided in Exhibit 3]. 1. Administer of Oath. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report. Ben -spoke with City attorney, attorney said it is fine, just had to show there have been some substantial changes, and that's why their bringing it back. There have been significant changes, enlarged the site, enlarged the building. We've went thru this again by the code criteria and we feel that they are providing a pretty good job for buffering, 8 ft wall runs the entire west side of the property, from the beginning of the residential neighborhood all the way up to the development site. Landscape buffer and hedging significant. They have gone above the minimum code requirements for buffering. As the administrator said, they are doing more buffering in the rear to prevent any impacts on the residential area to the north. There is a significant distance from the residential area to the site. Didn't have a lot of concerns, but we want to point out that one of the main concerns was with the way "overnight meant". Does overnight mean parking for 4 hours, 8 hours, not very clear. Thi sis a 24hr facility, there's likely to be trucks there 24 hours a day, keep residents in mind and make sure they have some buffering between them and this use. The applicant has provided this. The administrator went over the conditions placed from the TRC. Recommend make a few more: 1-approval contingent upon minimum buffering, 2-no showering facilities, 3-furutre development of the subject parcel adjacent to the boundaries of the the river run resort must provide an 8ft tall perimeter wall. 3. Hear from the Property Owner or Designee/Agent-Ms. Samantha Jones, Engineering Project Manager on behalf of the Applicant, RaceTrac Petroleum Inc. Racetrac-smaller store last time, opened up to make it a larger store. 2 things in consideration of the overnight parking, staff talked about constituting over night hours. We are willing to do the wall, concerns main driving factor it is going to be very well lit, a lot of cameras, take care and protect assets of customers. You know the long haul hours of trucks these days, we want to provide a safe place. Exploring monetizing it, in doing that we want to go in all the extras. Not your typical truck stop. With that said, the over night parking is going to be huge for our business model to service the guest out the back, establish the buffer for safety. DM -how many truck parking spaces 2 rows of 12 MDO-middle island will be removed and replaced with landscape island. Racetrac- 1 2ft space DM -is the parking moved a little to the east. Most of it looks to be on the northwest side. 128 page. Racetrac-everything slid north with the additional island. Ben -the width didn't change, it just got longer. DM -come up with something as far as the truck parkin is concerned. Ben -showed an example. RC -again 24/7 operation whether there is truck parking or not. Racetrac-yes Chris lucky 107 ne 8t" ave-in attendance and submitted remarks for the record tonight but felt it was important for the neighbors to be represented. We were aware of the potential CHV development, but when you hear that there is going to be a 24/7. By adding the overnight parking, it is by definition a truck stop, even though you have an 8 ft wall, they'll be in the back and running, all the noise and pollution will be next to our neighborhood. But not to be dramatic, the drugs, prostitution, its more than a gas station, again speaking fo the neighbors, its just something we don't want to see. Nice quiet laid back town, now im living next to a potential truck stop. George Pearce 109 NE 81t' ave, agree with Chris. I've been around truck stops all my life. My house is probably here from the other side of the street. I do know they smoke, they're noisy, a lot a criminal. Are the trucks going to run, its going to pollute. Its going to bother my allergies bad. I'm really concerned about where the pakring is going to be. Its going to devalue my property. If it goes thru, im going to move. I don't want to live next door to a truck stop. RC -you understand the truck stop has already been approved. George -I know but I don't approve of the over night parking. B. Jenkins Handwritten Minutes, October 15, 2020 Board of Adjustment Meeting, Page 5 of 7 212 NE 81" ave-surprised we're here again, but I expected it but we were told last time that it was not going to be a truck stop. Just because there's not a shower, its still a truck stop. Now ou're going to have trucks all night long idling, and 8ft is not going to do it. Either the wall has to be taller or go all the way down and include all of the house on the west side. I would like to bring to your attention that when the soil sample guy came out, he was right behind our house. He told us that the sandy condition of that area, he didn't know how he was going to approve that because its not going to support what they've decided to put in there, whatever he reported I don't know, but he told us it wouldn't. IT's already flooded, I know there's going to be a retainage pond. I don't see where all of that water is going to go. Very unhappy about the fact we are back here again. What's going to be the next time, like he said putting one of these huge places in the city. Our quality of life is really going to be affected. Elderly or children. Steve Dobbs -talking on behalf of the property owner, there was existing plans for a mall and big box stores. There's no more brick and mortar, people shop online. To get off of SR70, these people are going to have to spend at least .5 to .75 million dollars before you can evening begin building. I have looked at this piece of property several times for several clients. As far as I know, you've only seen rezonings. It slopes to the north and discharges into taylor creek. Peak elevation in Taylor Creek is 15.5, elevation is 20 ft, as long as they have an adequate discharge, there should be no flooding. PB-are you planning on using the lift station in river run. Kevin Betancourt-civil engineer on the project, yes that's the OUA station and eventually that's what we're going to use. George -about two week ago, 4 houses got flooded, where is their water going to go. If they slope anything towards to houses, they're going to flood. Ben -showed the plans to him. Explained the drainage issue. MDO-reiterate a couple of th ings. SFWMD to get a permit. A couple weeks ago, we all flooded, so I don't want to base it on that event. I did ask racetrac to put optimum heighth. The 18" tall hedge, give us an optimum height of what they expect it to be and maintained as. We are held to LDR's. speak just from the discussion of overnight. In the code, there is no definition of overnight. I have no way to discuss it. If they are open 24/7 you already have the action. We did approve that as part of that this morning. Again, appreciate above and beyond on buffers and landscaping. PB-biggest concern is the potential of crime, you've eluded to cameras. In your mind through what you've already got going in Georgia, do you feel like you have control of this parking lot. Racetrac-we are trying to reinvent truckstops like Wawa reinvented gas stations. Truckers have apps to reserve spots. Everything is going to providing safety. Site will be clean, attendant taking care of back lot, cameras. So we do have law enforcement frequent sites for coffee. All of our stores are corporately owned, not franchised owned. PB-would you have a problem with the SE, I would like to give something to the landowners that it will be maintained. Racetrac-We expect and hope everyone will do business with us. We are putting a great deal of money in the property, if this becomes an issue, please let us know. Pedie-why are we here if there is no parameter for overnight. I just don't understand since it cant be enforced. Ben -one of the reasons its coming back is because it was a rule placed that it was recognized it would be problematic. They brought this back in good faith that they wanted to be on the up and up. We did give some thought to this, not just make rules so no one follows them. 4. Public comments or questions from those in attendance or submitted to the Board Secretary. PB-no emails, except Lucky. Application was advertised, 57 notices, 2 posters. 5. Disclosure of Ex-Parte Communications' by the Board. None. 6. PB made a motion to approve Petition with special conditions from Staff (page 8 of staff report; seconded by RC. a) Board discussion. PB-30 years ago, we built the top phase of river run resort, as im working the area now I see such a change. Create some type of business that people could go to, some type of service, no matter what we looked for no one would do it because it was Okeechobee. Its exciting to see that Racetrac is wanting to do, they offered the wall, the money to put in, the newness of the store, the security and all the things that old truck stops. Not excited about a truck stop in the middle of otown, but im excited about the structure that makes the community look modern, we're up to B. Jenkins Handwritten Minutes, October 15, 2020 Board of Adjustment Meeting, Page 6 of 7 speed. Dad saw the vision of how to grow this community, and I think racetrac brings that here. The next thing could not have security, this business brings control. I do have feelings for the owners around it because my dad knew them and are friends. KB -speak to some of what you said, easy to get excited about the caliber of the project. Nice thought of new construction. I embrace the thought of having an upscale racetrac here in the community. My biggest reservation, is the fact that I feel like I've been part of a misrepresentation. We promised them pretty much that, did any of us really take the time to think about that at the time about overnight parking. Now we have to consider things have changed. Lack of enforceability has been brought to the forefront. Not pleased as the projects sit, we cannot protect these people. JS-the last time we discussed this, tried to stay away from the word truck stop, to distinguish this no showers and overnight parking. I understand it's a vague term of overnight, its 2 am and theres no one in the store but there's 20 trailers parked and diesels blowing. JP -wolf in sheeps clothing, I expected it to be a truck stop. The reality is it meets the zoning requirements, theres nothing in the code that says we can't do that. We cant change whats in the policy. Theyre not asking for anything that's outside of what is in the code. RC -speaking to police enforcement. Only 6 to 8 blocks from our station, Chief will take care of anything that goes on. That for me is not a concern. I was interested to find out that the code doesn't address overnight parking. There's really nothing we can do to stop it because there's not code saying we can't do it. And then thinking back of the history of this property, there's nothing that would have stopped a trucker from pulling into the big box store and parked. Theres nothing from stopping a trucker from stopping any where else, and this is going to be open 24/7. Theyre not going to sleep 8 hours. I have been amny places where they've been pulled over on the side of the road. Our code does not give us the ability to say no, I have to look at it within the perimeters of our LDR's and the planning board. DM -I agree with Chartier, I wouldn't mind seeing the number of spaces reduced. b) Vote on motion. Vote: McCoy_ Baughman_ Brass_x_ Chartier_ Papasso_ Shaw_x_ Motion Carried CHAIR CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT _7:43P.M. V. There being no further items on the agenda, Chair adjourned the regular meeting at 7:43 P.M. B. Jenkins Handwritten Minutes, October 15, 2020 Board of Adjustment Meeting, Page 7 of 7 -Dkxx Ko f T 00& Board of Adjustment October 15, 2020 Name Address Mar60cd bread 1 a575 sA 7v C t- ,& i G' 7 0 E &Fk A J D'Y? 60660 WO PKW #t J&ftk WOO 031�AJ C nS i�l,an of Cka-C Patty Burnette From: Patty Burnette Sent: Monday, October 5, 2020 1:41 PM To: 'Chris Luckey' Cc: Yesica Montoya Subject: RE: Special Exception Petition N . 20-005-SE Good Afternoon Sir. I have received your email below and will have it read into the record at the Board of Adjustment Meeting on October 15, 2020. You are more than welcome to attend this meeting as well to voice your concerns/comments. Thank you Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9820 Direct: (863) 763-9820 Fax: (863) 763-1686 e-mail: pburnette@cityofokeechobee.com website: www.cityofokeechobee.com Under Florida law, email addresses are public records. If you do not want your email 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, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. -----Original Message ----- From: Chris Luckey <chrisluckey@mac.com> Sent: Monday, October 5, 2020 1:13 PM To: Patty Burnette <pburnette@cityofokeechobee.com> Subject: Special Exception Petition No. 20-005-SE r y, my name is Chris Luckey. I live with my wife Cindy, at 107 NE 8th ave., directly adjacent to the newly approved track gas station, with pumps set aside for semi trucks. My wife and I strongly oppose the removal of the special ition for NO overnight parking. ing the initial public hearing, the members of our adjacent neighborhood, were calling this a "Truck stop". We were kly assured that this WAS NOT a truck stop, because the semi trucks were not going to be allowed to park for any nded time period. By allowing overnight parking, this certainly meets the definition , of a truck stop. Truck stops are rious for prostitution, drug usage, loitering, noise, and air pollution (diesel fumes), just to name a few. Even though it was agreed , that a wall will be built between our neighborhood and the TRUCK STOP, there will be access into our neighborhood for the above mentioned activities. We strongly oppose the removal of this special condition so our neighborhood will remain safe. Truck stops are not meant for inside city limits. Sincerely, Chris Luckey Sent from my iPad Patty Burnette��t From: Jennifer Tewksbury<jennifer@economiccouncilofokeechobee.org> Sent: Monday, October 19, 2020 10:47 AM To: Patty Burnette Cc: Lane Gamiotea; Bobbie Jenkins Subject: Minutes request Hi Patty, May I request a draft copy of the minutes from last week's Planning Board and Board of Adjustments meetings? Mostly just the action items. Thank you, 0 Jennifer M. Tewksbury EXECUTIVE DIRECTOR 11 863.467.0200 jenn ifern economiccouncilofokeechobee.oro 1679 NW 9th Street, Okeechobee, FL 34972 www.econor'niccouncilofokeechobee.org - Lake Okeechobee News 107 SW 17th Street, Suite D ANDEPENDENT Okeechobee, Florida 34974 863-763-3134 NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee C.oiinty, lorida, that the, attached copy of an advertisement being a � g � r' in the matter of�' r� o ,�,, ::j`� $r1("A'Je 21A i ryy t `� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. /'v 6" C'Z -- Katrina Elsken Muros Swor_ toand subscribed,before me this day of-�'�`'' :.f AD Notary Public, State of F1 rida at Large P "'qV PU ;=ot •••.�c, ANGIE BRIDGES MY COMMISSION # GG 971582 Qo EXPIRES: April 20, 2024 Bonded Thru Notary Public Underwriters MY0FO�Q O PUt3QC 10TIM aXSMX RATION OFA PROPOSEDS)EM EKCtFIION 104IM: a QUASI7lAICIAL MOM HFMM a be teU t efore the w cf L tobea Bard of PdAatrert ) on Oct, 35, 7DI0, 6 W oras�R h aimpme�atl�� W SSSMAw Rm2(O. 1Qxshu[tbri&Oevd�oprrwAtrca�� '��� The t�aqqutr��R�abvapq>�duseofparkhganditj tgcfmnr rnercWtdtides,.trludrgsartl-tratmrtrata ftomanabouegtoundtuel tank n a Heavy Corrrrtaci3l 7mng DhLid; wFtidt Is comparable oD outtor sales and storage, btrtllrtg trades mrihadoS relaato? Code Sec 9428i( The ptopaly mrtSRsaf0.479t aces„ bra�dat7C11 N PxrdtAvenrre 1. AND IXATBOOKS EDIRFS,AND DOFPOL$958DRS isstaveoPlionstos to tPubicaoarnenls antl/ar nuesHore�ead of Hte m�str * 1n wrt- tattd9 bdresso and topk of mtmytent;; or�of�tthe Clette to an aama V1,0 detaied v�aioe message wrh a of bade ntmeda. EammentsbVw � wN be read abed dtrting the mtresperttig batrfs) of the meetkul. Om - tad Garaal sere neswih atygt reshorrlfifiee qbk tstrv�d to attad s�eafitg ao � E> POT"� 19M a qux of As ntadsas premt oral hdug a quonm d yl- rYcadorsbmtecla such c�4anduhipunbtgfcox ,as aff'to a fit; Me BDA n a ,hhel nt the or BCASmIF and prhk to pattl ij nStet t�—t'J. Wbe the agapa on the we ste dt ofakead,obeaoont agatdas. Contact Rollin Stock t,EiaRE 430 PM an the day of the me&S 863.7635812 for asuarm The Pettlon can be vlet ed on the websle d ydb1 eedobeeconVpjbk - tb'hbA0ri attheaddtesaboedrhgregubrbuskjeshars,Maf Fd.BAN}4:30 PM, ameptforttoid�s: The t3oAsastheded'iat m-rldtg bodyonU4srtetlamappmxadgyspeogl6�piors 3MWft9:Ct s>tovr0rt0rori>7rcsmstDarvytnlemouthe ett pi}uettdeoor secletuy 1brthe ds PHL9pf1pEt G70ApPFI1Laa'yyadeddon rtodeby BOAtMh tnary.,ottamtrikredallttbPthlchearhg tNneedmensureaw bM, ramNofthepmcee gGrnadeandtherecord nddes tte tes ro ad evkla ca = the appeal A be based N neeftspaMacowuWatbri to dvGer"SavhesClAoenpawnord86„.375i9B14, ig"}tgaidmrlat Gafda RAW 7-1-1 ro art en farb�W�sdaysprbrtn pt omeri4 Bf•aoetgAdr*ft.WrhlarcosMonteMOo,Fh .No.2rwo1SE 433445CN9f3Qr1020 Lake Okeechobee News -qrklm 107 SW 17th Street, Suite D ANDEPENDENT Okeechobee, Florida 34974 863-763-3134 NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee Courit"lorida, that the attached copy of an advertisement being a s . IV* in the matter off in the[. 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of C.i Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and afiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Muros o and -subscribed Woree this Sworn-1 . day of �Yi�'�C' f (.l )AD Notary Public, State of Florida at Large ANGIE BRIDGES .• .- MY COMMISSION # GG 971582 EXPIRES: April 20, 2024 Bonded Thru Notary Public Underwriters - CITYOFOKEECHIOBEE PUBLIC NOTICE u�roweKwTION OF PROPOSED SPECIAL EKC6Pi3M NOTICE: a OUASI JUDICIAL PUBLIC HEARING wit be held babe the ,Qy of 0shiftbee Board of = OoSnEt15, 2020,6 PMassoon m=3rdAve, Rm 290, 0a."Mra�, =P,tru� The Potb rapre5stoataREST/SR driv>Ythmservienaa,HHeavyCmneroal2br tg HE District, referertre cede Sec 9(F Parkl). The 7(1. Lapi:� of j &8 : Uir at S�Ml�/4imE 1/40FSEMONN/ 5 TOWNSHTP375,RANGE35 E, OKEECHOBEE COLMITY, FL, LYING N OF THE N RIGHT-OFWAY LINE OF SR 70• EXCEFTTHE N 50.FT OF THE W 1J20FTHE W 1/2 OF THE SUM 1�4 OF THE SE 1/4 FOR ROAD PURPOSES; ALSO FX- CEPTTHE FOLLOWING DESCRIBED PROPERTYCONVEYEDTOTHE STATE OF FL• A PARCEL OF LAND IN THE W 1/2 OFTHE SW 1/4 OF THE SE 1/4 OF SECTION 15, TOWNSHIP 37 S, RANGE 35 E, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE 51/4 CORNER OF SAID SECTION 15; THENCE RUN N ON THE 1/4 SECTION LINE, A DISTANCE OF 36.95-FT TO THE CENTER INE OF SR 70;"THENCE N 80-54'4V F. ON SAID CENTERLINE A DIS- TANCE OF 347.10-FT;•THENCE N AT 90- TO SAID CENTERLINE A DISTANCE OF 40+7TO THE POIM OF BEGDiNING (POB); THENCE CONTINUE N A DISTANCE OF 17-HT, THENCE E AT 90' A DISTANCE OF 20-Fr; THENCE 5 AT 90- A DISTANCE OF 17-FT;•THUXE W AT 90- A DISTANCE OF 20-FTTO THE POB. Putrk Comrrperft Ckizers have options to submit pubic mrrrnents and/or questions by 3 PM the day of the meeting; submit in wnt- ng to pbu.� ndudrg Y� . address aryl topic d [omnat� a raR the General Services Officx, 8fi3-7G3A824, to d>r�fe your rtage lD an ernpfoyee kx Yeave a detailed voio° me$age with a dl back numbs. ConvnerAs vvtl be read abud durny the mnesp«,rrrrg �tt(s> of the mee r Con - tart General se7VrrRs with arty quesborts The public isinvitad m afhatd; s afi g is "ad n aaordarn-- with BeaAe Order #20-193. Muticpalbes may mndKt meetixy of their g AmVQ boards wlta# having a quorm of is mernbas praad drvSoF✓ or at any speck bmtitr, and ul1kg co mr ril.21—nsrr'rhL.-+. r crhasteC lcxteorv,deomrYerarti.n„a_, pro✓adkd by Sec. 120.W(b)2, FS- The BOA may kmdct this pA* hearing keg (MT m rrxNar ra a grcrtm. 7mmcorn, a ttieb'hsai vitrel ma#i 9 panto"" ab`«StrAi ard-PuCic m d �wdh the agenda on 0te v I dycfi�drObeems rrVager:d Contact Robin Brock BEFORE 430 PM on the day of the mertirg, 8E3-763J812foras5is� The Ration can be vleved on the vve ske d db1eaJ obee.=TVpJ -nD- timhtrA or ispeded atthe addrasabwednV reglarbsness hays, Morn 30 PM, body on Ots m =a,e da— ma1rV BE ADVISEDOtatshaAd you intend tosim any dmrnerttpi tarp, video or Vans bDc the BOA itsVp(xt or opposition to any tem on the deo �S or p be ovided to Board Secretary copy of for the Ohss medoort'rret lire, raords. ANY PFIt9DN DECIDING TO APPEAL aarrtyry demonmade try the BOA With respect to arty rra0a considered at the pr�fic ttarig wit need to enstre a verbatim record of the proreedi g is made and the record itdudes the tr�tanerry and ehlatm upon whidt the appeal wtl be based. In aemrdance vvth the artaiors with D Ac. aasurls with di al>ities or Miro s Monte De Om, Fitton Flo. 20-004-SE W Lake Okeechobee News 107 SW 17th Street, Suite D ANDEPENDENT Okeechobee, Florida 34974 863-763-3134 NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee Comity orida, that the attached copy of an advertisement being a k3ZIA. �g'.°� ' in the matter off f t 1-6 4r 'a t'c- z Q1 in the 19t1i Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in th said newspaper. Katrina Elsken Muros Sworn to and subscribed.before me this , ,, TT day of A ,l. t `�' !s t 4N >iAD e Notary Public, State of Florida at Large ANGIEBRIDGES LL� MY COMMISSION # GG 971582 EXPIRES: April20, 2024 Bonded Thru Notary Public Underwr ters - - CITY OFOKMI340BEE PUBLIC NOTICE CONSEE3ERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE: a QUASI-7UDICIAL PUBLIC HEARING wl be held before the Qy of OkePdabee Board of Ad rsbTo [ (BOA) on Oct 15, 2020, 6 PM, or as scorn there as pole, alp tIy Hat, 55 SE 3+d Ave, tun 200, Okecdrobee, , Hb oxrstlerard reo�e hSpedal F R�Iion No. property �� ated.by Max Nld3ray 34 Rambao xoOlOuR � ffo, for UC The Britton mpiests to rerrnwe a oondbon for rip ove�nlgM ZIN preinusfys3hf�litionNo.20002 afamnvErirlrmurewLhfuel niwrn,rr Cade Sec 90-2E3p�..r ne prgwly oonsR of L6.21 rm- OF fir, Inc"rv:iC•:.RCEI."C.'i...5`...P��P!L4P�Lf SLATE OF FL• A PAOF LAND IN THEW 1) THE SE 1140E SCLTION ]5, TOWNSFU37 S, MORE PARTICLAARLY DESCRIHtD AS & THE S 1/4 CORNER OF SAID SECTION 15; TH 1145ECTION LINE, A DISTANCE OF 36.95-FT N SAID TANS OF 347.10-FTN'THETdCE N T 90° TO DISTANCE OF40fTTOTHE POINTOFBEGIN CDNTIOF U THf3iCE S ATAT 9 A DISTANCE OF. 90° A DISTANCE OF 26-FTTOTHE POEL PAiblic kent CF&ens have optiom to Sul and/ar questions by 3 Fm The d i Iaress and topic of cWwTN2fq or o0 the Gc 863-76.3-9824, to di Cafe Your message to ar detailed voice njessarW with a call bade nu t rand abed duruxj the owresporv" i6arr(s) Tad: Gateral5ervrors with any ques6x&TThee sealing 5 6rntcd h aobrdanm wth E:maRAe OrdE is maubers prr�d �nhg boards wL �yg�y or at any sped'G bd i nimUors vmye�a sud as Mephone F.& n-- aCA m=, c R��ng�ngiQTi ro oxutLAe a quonarc Zoan.00m, a w oh0onn atovs the BOA, Staff, and pt>k b P?rtY A D15TM iENCE W puWrcoomneats l; submit in =I on the day of the rnedM, The Fetboncan be viewed on Die web- a y*kmd1.Db--nrVpubr— tioe"orkq)aded at the address above during rewlrbuiless_ho rse Nbn' Fri,o 40M ye�4appm+eordem'Spe the demon maldn9 IF�plbrTs 13EADVISM Uk tstnouldyou hind to Im arydoarrng>G frctee-video or k2ntstotheB0AInRW rtaropPostbntoanyMinontheagenda ampyof Die doaxneu4 pU re, video, or jern m,st be Pro kled to the Bo7r�SecretarY (or the �y5 remds ANY PERSON DE+CDING To APPEAL any dedsm maw tT/the BOA wih reject to arty nattrmredered at this public hearing Mread b)ermreaverbatim record ofthepooeargts made a�1�N irhxdes the tr�timonY and eridence upon whidn the appeal l b based n aomrda noe wth tlne lunarare wth D'cal�Aies Ad; P�rS Jes needing amornnulaI ntD ptidpate hthep. 9gnudowtad Hornd3' Re�y71 roZtl fin our bt or � daysprV2d4,1 1rtPared: By: DniV Adrnhistrator Marcos NbnleS De Om, Futon No. M-00S 433466ON9/30/2020 I- -- Lake Okeechobee News 107 SW 17th Street, Suite D 1111DEPENDENT Okeechobee, Florida 34974 NEWSMEDIA INC. USA 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee Cou ty, orida, that. the attached copy of an advertisement being a � —" in the matter of 9/" e`.t(.�11_�'6[�' in the 19th Judicial District of the Cir'c4it Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Muros Sworn Wand subscribed bekore.mq this day of `.__��__ �F:1�'"�� e �' AD Notary Public, State of Florida at Large ANGIE BRIDGES *- MY COMMISSION # GG 971582 EXPIRES: April 20, 2024 FOF F`°•' Bonded Thru Notary Public Underwriters AN4DEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee Cpdii lorida, that -the attached copy of an advertisement being a �f�' �--at �) t,C, �. in the matter o o./'_F''41 6`5',o!^�i�i in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Muros Sworn toand subscribed before, me, this \ 1 '�'4 day of C fit"` `:f':ti �.. �; C_ ""—AD Notary Public, Statg of Florida at Large t*eY?�qr. ANGIE BRIDGES MY COMMISSION # GG 971582 p Q ' EXPIRES: April 20, 2024 FPF,Ft' ' Bonded Thru Notary Public Underwriters Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 �80VFP OCT 13 do -OIL ANDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee County, Florida, that the j�ttached copy of an advertisement being a y �t�11 l'. �(lT4 L--C 1� in the matter oil ���'4rllyrt`ij.�1 GT�P�4Y?:l�' in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Muros Sworn to and subscribed be�)re me. this :� i� 4 day of�-1 �`f .--- C) I () AD Notary Public, Statp of Florida at Large ANGIE BRIDGES MY COMMISSION # GG 971582 EXPIRES: April 20, 2024 Bonded Thru Notary Public Underwriters Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 CITY OFOKEECIOBEE PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION NOTICE: a QUASI-IUDICfAI PUBLIC HEARING wi be held bkfae the Qy of Okeednbee Boxd d Pdjratrnett (BDA) on Oct 15, 2020, 6 PM, « as scort ther�Yt« as possblo, at Ciy FiaE, 55 SE 3rd Ave, Wn 200, Okeeclinput n W. g0140614�bR'rrdtetl bb/y Max Mdka,er, Jr, I rf�F2hol Inc DiT, for the pmpaly owner Hzol3gs LLC The Edition n�uestsb allow dd ativu service in a Heavy Commercial Zoning D�r�L rererertco Cade Sec 9o-283 1>. The prof�ary mr�s of 18.86t un- platm� acres, bcabed at 975 EN. ST/SR'i0. Leal• THEW 1/20FTHE SW 1/40FTHESE 1/40FSECTION 15,76WNSHIP37 S, RANGE 35 LLINEWA O OF EXCFPT7HE N 54Fi OF THE W 1/2 E W 1/2 OF THE SW 1�4 OF THE SE 1/4 FOR ROAD PURPOSES; ALSO IX - CEP TTHE FOLLOVAM DESCRIBED PROPEATYCONVEYEDTOTHE STATE OF FL: A PARCEL OF LAND IN THE W 1/2 Or THE SW 1/4 OF THE SE 1/40F SECTION 35, TOWNS- 37 -S RANGE 35 E, BERG MORE PARTICULARLY DESCRIBED AS FOLLOWS: OOMMEN(E AT THE S 1/40DRNER OF SAID SECTION 15; THENCE RUN N ON THE 1/4SECTION LINE, A DISTANCE OF 36,95-FTTOTHE CENTERLINE OF SR 70;•TFIQi(E N 80°54'49" E, ON SAID CENTERLINE A DIS- TANCE OF 347.10+T;` HENCE N AT 900 TO SAID CENTERLINE A DISTANCEOF40-FTTOTHE POINTOF BEGINNING(POB);THENCE CONTINUE N A DISTANCE OF 17-FT; THENCE EAT90° A DISTANCE OF 20-FT; THENCE 5 AT 90° A DISTANCE OF 17-FT;•TIIENCE W AT 90° A D75TANCE OF 20-FFTOTHE P08. gLits�c�mr�Citizerts have opti«IsWsubmit public oann,erds and/or questions W 3 PM theday of the rrleetirug; submit in writ- ing tD Plxenet�(o atWfolc mm ndud; Your ikimS add. and b,. of arrx .t; or all the General Senrias Offece, 863-763-9824, m dxlate your message W an emploryw or leave a detailed voice ntessa9e will a all back number. Comments wit be read aloud durvx,) The o«reSporMW9 s) of the nmetvV. Con- tact General ServxPswdhany quesnons. public isWired todBid; seatin9 is kruted in a®(clime with FeaM;e Order #20F246. MunupalMes may conduct meetings of Uvelr gosni g baa& wOW ha+tg a quorum of as members present at any Tech c location, and llhTmng cor mu- malnosme6a ((CtTT) as eve «videomrdkrenag,as vadJed by Sew 120. 5)(b)2, FS. The BCY\ rtay mrd«tihs pub5c haarig BEFORE 4:30 PM on TNe Icon can be viewed on the weber otydokeednbmmnNpublcno- bmitiliork6pezLedatUvaJiEssab—daugegubrWsi esshouts,Mar Fd, BVtUrO PM, eafptfor t ofdays The 00A serves as the deadon making hod/on the rr�tr�to apgvm a'dary Speoal E>tbrs. Mir Tbnm Relay /-1-1 no wer marl Tar mpleSdays ;norm leg• By: Zx" Maras Mattes De Ova, Rion No. W00q-SE 434M ON IW7rAM 911 /ij aNDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee County, lorida, that theattached copy of an advertisement being a . 9 l C_ ��>- r, in the matter op (�f-C���f�ft(' �. . ,tiJ� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. L 1 `�-2,, Katrina Elsken Muros Sworn to -and subscribed before me this day of Notary Public, State. of Florida at Large ;""�"!;; ANGIE BRIDGES E. �: MY COMMISSION # GG 971582 P`.= EXPIRES: April 20, 2024 "SOP ftig Bonded Thru Notary Public Underwriters Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 CITY OF o1(EEalosEE PUBLIC NOTICE ODNSIDERATION OF PROPOSED SPECIAL EXCEPTION NOTICE: a QUASI-RIDICIAL PUBLIC TEARING vA be held Mae the Qy of ammhobee Boatel of PdJtam>ga cLi7A) on od 15, 2A?I•, 6 PM, «as soon tliaeYla as po�ble, at nY Hat, 55 SE 3rd Aye, Rm 20Q gcredwl:ee,H,fDmrtstdaandn�heFVttonSpedal _ No. y by Mmre,Jr Ra�trac Rl oleun, Tnc CFO, to LLC The pcMen nzpjeststD rerrtoe a spedal om2lDn for m osN9ld P 9 per_ y91in PeWon No. 2OW22-3S(2Eaaooiwirgamrnenienno'staewth fuel a� Co 976 EN. Panic 5T, Tate poPettY:mT EssWi/20FTHE SINl/40FTHESEI/40FSECRON 15,10W NstUP37$RA 4GE35 E, OKEECFpgFE COUNTY, fl, LYING N THE W/YHA FDW1/2GE W12 OOOP/RPOSLINEOFSR7;OHENSo- /IXFTSOFTHESW 14 E 1/4 FRS ALSO IX- CE7TTHEFOLLOWING DE9QiIBE) pROpgt7ytJDNVEYmTOTHE STATE OF R: APARCELOF LAND 7N THE W 1/20FTHE SW 114OF THESE L) OF SECTION 15, TOWNSKIP 37 S, RANGE 35 E, BE] NC h10RE PARTICLnARLY DF9CRIBED AS FOUAWS: COMMENCE AT CC.9N N ONHE E ECTSHEHAO5OONE OF SR 70;'THENC� N BlI°54'49" E, ON SAID CENTERLINE A DIS- TANCE OF 347.10-FT;'T = N AT 90° TD SAID CENTERLINE A DISTANCEOF40-FiTOTHE POINTOF BEGI NNWG (POB)'THENCE 00N1'RNUENADLSfAfNCE OF I7-FT; THENCE EAT ADISTANCE OF 20-FT; TitENCE S AT 90° A DLSfANCE OF 17-FT;•THENCE W AT 90°A DISTANCE OF20-FTTOTHEPOB. Cbm,s have options to srtbrtrt pubic oormeds and/or p{,�p�y5 TT/ 3 PM TTte OT }h2 r hAding subnut in wr, ,uatl^„jtl-'f(17CY.Y'Jdnd"^'•`•^`tDpIC•"y`off omymen� or me the General S your OOff�, 863-763-9B7A, m d¢.mie Yotr r,,�9e to an employee or leave a del W voice otessage vvrdr a oll back nud>er. Camre,ds will be read a" tad: General 5er with cr The pubic s r attend; seat 's lDr�d ki ammla tce whi 6snNf a order, #20-246. Muni mr flay dud meeuxy of the 9"nM boa& wbo t hwN a� quorum of Ts ntanbas tres?rd oratarN spe0k fbn, and uo�g oorttnu- nlmUasmec�tedttdo�y(( suttasWaft eorvideomrderecdn9,as prwklW SeL 12orS. 4(5)( )2, S. The BDA may oxtikid: tltts pubic haarirg �r�}t,q� ChTY ro oxWiub? a gWnM Zoanoort4 a web -based vFhd meelit9 v abws the BOA Staff and pubic to f UV fte ve laptop, riesldop, a��, T hthe rtteedirg wi be Contad�RoW Srodc BERM 4: O T?M on fhe� dW of ft� 863-763-%Ufora rtoe. The PeMon can be vkved on the website dtydolaehobee mWp kLno- " orhspalcdat0te address abae &AV W.A rhshas hags, Mat' Po, BAM•I301'M, aarGt(a'ltofiiays The BD4savesasilte deavm mal" Indyon tlt5 mattrrho appae ordayspedal l3mep8as BE AML," m d*M you Merl to show &V doaertent, pidue, vkk0 or Fambo Ote BOA hsppatoropp�#hrt to any imt on theagenA amlyoF the doameat, Pyre, vdeo, or rt mat be awided to the Boaar tdr�Seae�ry r eels bj°4 e o �wm t�eto cry rretter iNG�mr�d�aed at0 S�Rnrc l wi need lD enwe a vebatlm record offhe proct O" Is made and the MDrd includes the h5hprg' and evtlertoe upon wANdt the appeal vA be bated. In awx1ance welt the Amalcare wth D'sabilles Acl� Pffsxslhls gwith _ �Uspecial aMxMV"wCataal S as p gst and 8G-763-9824, Haan Uln"W: F7alda Remy7-1-L no �itttart far hEinessdays ptWto Dr2ath9AtANWntornwXMort De Om,paWmW 20-� 43471E CN 10/7/20W '/ �C5\1 ,• t�t'�')• L'Ci �v ! n N LO / T `\�,�.OF•O/�FF,Cy CITY OF OKEECHOBEE BOARD OF ADJUSTMENT MEETING o a 55 SE 3RD AVENUE, OKEECHOBEE, FLORIDA 34974 *191 OFFICIAL AGENDA OCTOBER 15, 2020 6:00 P.M. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, and further extended by Executive Order No. 20-246, effective September 30, 2020, municipalities may conduct meetings, of their governing boards without having a quorum of its members present physically or at any specific location and utilizing communications media technology (CMT) such as a telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. CALL TO ORDER A. Pledge of Allegiance II. ATTENDANCE Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman Board Member Karyne Brass Board Member Rick Chartier Board Member Felix Granados Board Member Mac Jonassaint Alternate Board Member Joe Papasso Alternate Board Member Jim Shaw City Attorney John Fumero City Planning Consultant Ben Smith Board of Adjustment Secretary Patty Burnette General Services Secretary Yesica Montoya Executive Assistant Robin Brock III. AGENDA A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Motion to adopt agenda. IV. MINUTES A. Motion to dispense with the reading and approve the August 20, 2020, Board of Adjustment Regular Meeting minutes. V. OPEN QUASI-JUDICIAL PUBLIC HEARING A. Special Exception Petition No. 20-001-SE, requesting to allow a proposed use of parking and fueling of commercial vehicles which is comparable to outdoor sales and storage, building trades contractor in a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (5)) located at 701 N. Parrott Avenue (Exhibit 1). 1. Administer of Oath. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report. October 15, 2020 Board of Adjustment Meeting Page 1 of 3 V. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED A. Special Exception Petition No. 20-001-SE continued. 3. Hear from the Property Owner or Designee/Agent-Mr. Steven Dobbs, Consultant on behalf of property owner Southern Construction & Development. 4. Public comments or questions from those in attendance or submitted to the Board Secretary. 5. Disclosure of Ex-Parte Communications' by the Board. 6. Consider a motion to approve or deny Petition with/without special conditions a) Board discussion. b) Vote on motion. C. Special Exception Petition No. 20-004-SE, requesting to allow a proposed use of drive -through service in a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (1)) located at 975 NE Park Street i'Exhibit 2) 1. Administer of Oath. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report. 3. Hear from the Property Owner or Designee/Agent-Ms. Samantha Jones, Engineering Project Manager on behalf of the Applicant, RaceTrac Petroleum Inc. 4. Public comments or questions from those in attendance or submitted to the Board Secretary. 5. Disclosure of Ex-Parte Communications' by the Board. 6. Consider a motion to approve or deny Petition with/without special conditions, a) Board discussion. b) Vote on motion. D. Special Exception Petition No. 20-005-SE, requesting to remove a special condition for no overnight parking previously set in Petition No. 20-002-SE approving a convenience store with fueling pumps in a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (25)) located at 975 NE Park Street. (Exhibit 3) 1. Administer of Oath. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report. 3. Hear from the Property Owner or Designee/Agent-Ms. Samantha Jones, Engineering Project Manager on behalf of the Applicant, RaceTrac Petroleum Inc. 4. Public comments or questions from those in attendance or submitted to the Board Secretary. 5. Disclosure of Ex-Parte Communications' by the Board. 6. Consider a motion to approve or deny Petition with/without special conditions. a) Board discussion. b) Vote on motion. October 15, 2020 Board of Adjustment Meeting Page 2 of 3 CLOSE QUASI-JUDICIAL PUBLIC HEARING VI. ADJOURN MEETING 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex-parte communication are given a reasonable opportunity to refute or respond. Please 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. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863-763-3372. October 15, 2020 Board of Adjustment Meeting Page 3 of 3 'ev0d P9 City of Okeechobee Date: .5-ao Petition No. -fbi General Services Department Fee Paid: �W.00 e�#; 16CJ Jurisdiction: -36A 55 S.E. 3`d Avenue, Room 101 1" Hearing: 2 Hearing: lu Okeechobee, Florida 34974-2903 - Publication Dates: -E Phone: (863) 763-3372, ext. 9820 Notices Mailed: .3c' .�c Fax: (863) 763-1686 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): SOUTHERN CONSTRUCTION & DEVELOPMENT 2 Owner mailing address: 12575 SR 70 EAST, OKEECHOBEE, FL 34972 3 Name of applicant(s) if other than owner 4 Applicant mailing address: 12575 SR 70 EAST, OKEECHOBEE, FL 34972 E-mail address: KAGOODBREAD1969@GMAIL.COM 5 Name of contact person (state relationship): STEVEN DOBBS , CONSULTANT 6 Contact person daytime phone(s): 863-634-0194 1 PROPERTY INFORMATION : Property address/directions to property: 7 A 1 701 US 441 NORTH, OKEECHOBEE, FL 34972( IV Pa I'1r0 ���.. Describe current use of property: 8 PARKING COMMERCIAL VEHICLES AND STORAGE INSIDE THE BUILDING. Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. REMOVED TREES, GRADED LAND, CLEAN BUILDING 9 Source of potable water: OUA Method of sewage disposal: OUA 10 Approx. acreage: 3 Is property in a platted subdivision? Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: NO 11 12 Is a pending sale of the property subject to this application being granted? NO Describe uses on adjoining property to the North: 13 North: COMPUTER REPAIR / UHAUL East: SEARS South: MOTEL West: SELF STORAGE 14 Existing zoning: HEAVY COMMERCIALFuture Land Use classification: COMMERCIAL 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? ( X )No (_)Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (_) Rezone (X ) Special Exception () Variance 17 Parcel Identification Number: 3-15-37-35-0010-00580-0080 , (Rev 2/2019) Page I of I 1 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: OWNER Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 06/27/2000 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracv 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 gent of up to 30 days and may result in the denial of this application. r i Sig ature \ Printed Name Date KEITH GOODBREAD For questitan Telating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 2/2019) Page 2 of 1 i 2/6/2020 Detail by Entity Name Dfv,s oN JP CORPORATIONS mooO�� r - r� �1i�° "r(rJ: Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Profit Corporation SOUTHERN CONSTRUCTION & DEVELOPMENT, INC. FlUng Information Document Number P98000043022 FEI/EIN Number 65-0841323 Date Filed 05/11/1998 State FL Status ACTIVE 12575 STATE ROAD 70 EAST OKEECHOBEE, FL 34972 Changed: 04/19/2010 Malting Address 12575 STATE ROAD 70 EAST OKEECHOBEE, FL 34972 Changed: 04/19/2010 aggistered gent Narne & Address GOODBREAD, MARK E 12575 STATE ROAD 70 EAST OKEECHOBEE, FL 34972 Name Changed: 08/29/2019 Address Changed: 08/29/2019 O ficon(Di;•Lctor Detail Name & Address Title PD GOODBREAD, BRAD G 12575 STATE ROAD 70 E OKEECHOBEE, FL 34972 Title S/TD I GOODBREAD. KEITH A I search. sunbiz.orca/lnouirv/CoroorationSea rch/Search ResultDetail?inauirvtvr)e=EntitvName&directionTvi)e= Forward List&searchNameOrder=SOUTH E... 1 /2 ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: 90 283(5) OUTDOOR. SALES & STORAGE BUILDING TRADES CONTRACTOR A Are there similar uses in the area? No (X ) Yes If yes, briefly describe them: B MINI STORAGE TO THE WEST, UHAUL TRUCK STORAGE TO THE NORTH If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: C THE OFFICE WILL BE OPEN FROM 8-5 WEEK DYS, BUT TRUCKS WILL ENTER & LEAVE ALL THROUGH THE DAY AND EVENING Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most D similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] Applicants are required by Sec. 70-373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (Rev 2/2019) Page 8 of I I FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an adverse effect on the public interest. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in 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 2/2019) Page 9 of 11 �cv1sect no August 12, 2020 City of Okeechobee 55 SE 31d Avenue Okeechobee, FL 34974 Keith Goodbread Trucking - City of Okeechobee, Semi -Tractor Trailer Parking Special Exception Standards for granting a special exception: 1. Demonstrate that the proposed location and site are appropriate for the use. The site fronts on 441Nat the northwest corner ofNW 7' Avenue and 441N. The site has good access from the south, if required with existing curb cuts off FDOT. 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 site and existing building are perfect for this use. There are two existing curb cuts off 441Nas well as a culvert crossing from the south. This will allow the site to be accessed by the semi -trucks planned to be parked onsite as needed and the storage will be used to support the trucking operation. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. Visual screening is provided according to the City of Okeechobee's landscape ordinance as it fronts on 441N which is heavily traveled and this use will not cause any adverse impacts to adjacent properties. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. The nature of the business is a trucking company to store trucks onsite and provide a fueling station to be used by the company trucks. There should be no potential hazards or public nuisances created by the use. 5. Demonstrate how the utilities and other service requirements of the use can be met. There are existing water and sewer service to the site as well as power, so there are no utility or service requirements that cannot be met currently. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. Traffic will enter and leave from the south offNW 7"' Street as well as Highway 441N. This will all be company traffic as it is not a business open to the general public. There will be approximately 10 trucks stored and fueled onsite. 1062 Jakes Way, Okeechobee, FL 34974 Phone: (863) 824-7644 Cell: (863) 634-0194 Email: sdobbs@stevedobbsengineering.com Website: www.SteveDobbsEngineering.com Findings required for granting a special exception: 1. The use is not contrary to the Comprehensive Plan requirements. This parcel is zoned Heavy Commercial and has a Future Land Use of Commercial and this special exception request is in the Heavy Commercial Zoning. This parcel is perfect for business such as the one proposed and is absolutely within the spirit of the Comprehensive Plan. 2. The use is specifically authorized as a special exception use in the zoning district. According to the City of Okeechobee, Code of Ordinances Section 90-283(5), Outdoor sales and storage, building trades contractor is specifically authorized in the Land Development Regulations. 3. The use will not have an adverse effect on the public interest. It should have a positive effect on neighboring businesses by utilizing a currently vacant building and parcel and should have a positive effect on the public interest. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Yes, this parcel is currently developed so the urbanizing land use has been established and the business is compatible with other businesses in the vicinity. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. This change will not negatively impact property values or living conditions, nor deter development of adjacent property as all adjacent property is already developed. 6. The use may be required to be screened from the surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. No hazards or impacts are anticipated by this use to adjacent uses as previously discussed. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. This use will not overburden public facilities including streets and as stated previously the utilities already servicing this site are sufficient for the proposed use. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The site is already developed and there are no flooding or drainage issues in the area with none anticipated. There are no impacts to public safety anticipated by the addition of this use on the site. Sincerely, k4j-', �:) .4 )I'tz Steven L. Dobbs, P. E. President Sao A_ (0.Q9 us4- 595.0' This feMraitin t pepa,od by ElyWARD W. DECf T. ESQWRt: Pleat Oftlee Box 2746 Foit Plesce, Florida 34954 hspertyToa too 3-15-3Z 35-0010 00580-0080 ci044d FIX[ 1823 �ry Stamps p@ka in the screa-.t;:: an a 5i3 • C.iC3 Gass C Intangible Tex paid in the amount & $ --d Sharon Robertson, Clerk of Circuit Court OkeKxYtob Cyun! orldil Date _y 3 o ao0 WARRANTY DEED THIS WARRANTY DEED wwj'e the � day of June, 2000, by HOLMES OIL COMPANY, INC.. a Florida corporation, whose post office address is Post Office Box 1959, Fort Pierce, Florida 34954, hereinafter called the grantor. to SOUTHERN CONSTRUCTION & DEVELOPMENT, INC., a Florida corporation., whose post office address is 8000 Highway 70 E, Okeechobee, Florida 34972 hereinafter called the grantee: t=�a'i`.mn"W u"d -_Min ttx tarns -Wr., ior- erto "fin so- Irocity0o ail the portion to this Instrwnant and the heirs, 1*0W reprssantafhros, and asahgns of I dMdusts, and the, successors and assigns of corporations.) WITNESSETH, That the grantor, for and In consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate Its Okeechobee County, FLORIDA, viz: Lots e, 9 and 10. Block 53 Okeechobee, according to the plat thereof as recorded In Flat Book 5, Page 5, and Plat! Pook 1, Par#a 10. both of the public records of Okeechobee County, Florida. SUBJECT to rieservations, restrictions, covenants and caserrnewrtts of rho -card; pruvlde d. however, thftt this *hali not = t to rzittlposs same. SUBJECT to that csrtsln Purchase Money Mortgage of even date. herewith. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in tee simple forever. AND the grantor hereby covenants with said grantee that the grantor Is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey sold land; that the grantor hereby fully warrants the title to said land and will defe-A the same against the. lawful dalms of all persons and that said iatid is free of all encumbrances, except taxes accruing subsequent to De^..ember 31, 1999. IN WITNESS WHEREOF, The said grantor has signed and seated these presents the day and year first above written. S' d, waled and delivered in ante of: nt• Jane E. Forbes C, , ato _� 'Phnt: Edward W. Becht STATE OF FLORID^ COUNTY OF ST. LUCIE HOLMES CO NY, By: o;n, dona►d R. Holmes, President The foregoing instrument was acknowledged before me thiS,7 72 day of June, 2000. by DONALD R. HOLMES. as President of Holmes Oil Company. Inc., a Florida corporation, who is personally known to me �x_ or who has produced aji and who did /did not x take an oath. _ _ ia"�„`,` c-W - f nRBEs E. Forbes t�r.� ,F„�„„:�,,, ryPubtD FOR RECORQ "c'�'rfttim rsfa_&9_s,�cossion��HOBLE COUNTY. FL 339610 2000 Jill - 3 PM ?t 09 S1-i 1R0.,i eRt.'B .'tTS01, CLERK OF CIRCUI f COUR y W 3 ��� Lu em o " ��15 ,�� 2 Z e I� 2 j h� WWI oW� td m o� �pQZ Q. ooZ o��IU WIn � � o�aa za& OW o°W LIQto L-1 W$=�.o �aCt Yam° �2 '`�h Jk o� �eZ'%k ° c�o� oo w�� �CS LA goZ�Q'kyUQQe�o�� ° yU elm y� ���)j6 _� O iWoe2a��� 5t R Lt W Lam(.L,, e W 4h a �j R Q -j�O ��NU�L�v�•tnQ�ae4L�=06m M/8.0al (al0Hlrxdsv) _ T Lbb 'ON I.VMHJ' IH I o (35V8 ON01V38) _ (d),L1t (ri),SB'"i 3 .Z9,6aD0 5 NiVM3aB 31.— (d�'LYt Y,SB'9Y e a� WdN 1 Oci �3 L_J vN I Nln s F-0i FO W J \ ,ni I r- Ln N I �r m eW 1 I I �Yatlo I aeon lrx°sr !2 m (d).00'EIZE (W).69'Z"bE 3 ..Z.9,60_00 S / )—.3-.31°NOJ � a b M (d )'o O' 3 MNVH 3...l1 HON7MV nxo T-- I 9 1 (M.88'BY(d).-'.I I < ° ^ as--- IIII,'" ' g8aem � askb � 1 � I 04 o —. co dI m Fy , n N ID ❑N f °� oo J❑ nn oo I e` o I 1 ❑❑ 1 iI �I m m J❑ m ,a6i .a.LL 6 lm a; = p n�� 9 I 1j a I �o m 3 m s� ml I .L LI- .0"LL \fin K9 �� (d),A00'11 (0)B'GY k PN d qNl xn •r a (d),00'LYI (N),S6'9Y1 ,� 313mIgJ �� 'E (0),6S'ZbE M ,,Z ,60°0❑ 1V153a3d 3NOHd3131 N 137TV ,v g V ' 3lOd Alll la nH0 nH0 _ nlq - I _ U e3° awN co m'=a U5Eatoe o°.emg a_Gy uE� 3 c m m E ■ a � ° � _ - 0 °a a - Z m o a e_a� E m`4. °gym �O i,alloz_ PEP_- s�w QU umEb OC Ua [i'c 4n = N TO mom �ozom mC G Z� omm `o ma®Oamuwa »aa aA3 6 ° 9 o m m mCi U < m� 0 a o W 'Eu m U \ w ; \a �`q• W i CQ t2o z as m d O d O d' O m E °a '�N v r�i «� d' ,tl .0.. O7 A En'�k.��® ti cn N co co a9 16 0 16 p N „E" z v € I•" O N 0l k . woxe»w^ e —m� W d w- a E- x r° " 0 n 3t n m 3 o U Y 'ate n m o 0 �.«-. nz° mErm j a\ ¢ `u 3 oga. o.a min o a « N °z Ev g O o V a .21 E o m Qca o a a «?o n O N 2 L O O ma 0 Z « m = a N �Em f%1 « K Z O° 3 t N O 9V U O _ z a p Z, GC p Y O ¢y u 2 - a ¢ n p o a _ Z w _ U r 6 o w 0 N o z 0 O m LL SHEET NO: 1 OF 1 SCALE: 1" = 30' JO3 NO: 30400 Qo 3-15-37-35-0010-00760-0100 3-15-37-35-0010-00770-0060 3-15-37-35-0010-00750-0010 3-15-37-35-0010-00760-.0070 3-15-37-35-01010-00760-0010 3-15-37-3 5-0010-00770-0030 3-15-37-35-0010-00770-0030 3-15-3 7-3 5-0010-0057C+-0180 3-15-37-35-0010-00570-0080 3-15-37-35-0010-00580-0070 3-15-37-35-0010-00570-0150 3-15-37-35-0010-00570-0050 3-15-37-35-0010-00580-0040 3-15-37-35-0010-00570-0140 3-15-37-35-0010-00580.0110 3-15-37-3 5-0010-00580-0010 3 -15- 3 7-3 5-01010-005 70. 0110 3-15-37-35-0010-00570-0010 3-15-37-3 5-0010-00590-0010 Moll DAG INTERNATIONAL GROUP LLC BIG LAKE EYE CARE LLC CRUZ FERNANDO LOPEZ 601 N PARROTT LAND TRUST ASSET PRESERVATION TRUST SERV€ 4 GIRLS PROPERTIES INC', 4 GIRLS PROPERTIES INC CRCO PROPERTIES LLC TRENT RONALD L G-4 LAND 8: CATTLE COMPANY TRENT RONALD L TRENT RONALD L GAGBEE INC TRENT RONALD L FREEMAN WILLIAM H ESTREMERA ALEJANDRO & JANET ARMSTRONG ANGELA ARMSTRONG MICHAEL UNITED FEEL) CO-OP INC 12414 HWY 441 N OKEECHOBEE FL 34972 1540 SE 40TH AVENUE OKEECHOBEE FL 349740000 515 NE 62ND AVE OKEECHOBEE FL 34972 601 N PARROTT AVE OKEECHOBEE FI- 34972 601 N PARROTT AVE OKEECHOBEE FL 34972 701 NE 3RD ST OKEECHOBEE FL 349724-576 701 NE 3RD ST OKEECHOBEE FL 349724576 364 NW 115 T H DR OKEECHOBEE FL 34972 708 N PARROTT AVE OKEECHOBEE FL 349722670 12575 HIGHWAY 70 EAST OKEECHOBEE FL 34972 2322 SE 33RD ST OKEECHOBEE FL 349740000 2322 SE 33RD ST OKEECHOBEE FL 34974 12575 HWY 70 E OKEECHOBEE FL 34972 2322 SE 33RD STREET OKEECHOBEE FL 34974 1989 SW 37TH AVE OKEECHOBEE FL 349740000 PO BOX 337 OKEECHOBEE FL 3119730337 902 SE 10TH STREET OKEECHOBEE FL 349740000 902 SE 10TH STREET OKEECHOBEE FL 349740000 BOX 485 OKEECHOBEE FL 349730485 Aa4 Pe.ition No. ao- QN-sp 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 roils of the Property Appraiser of Okeechobee County as of "�)e1-.tA,6I-e— t-9 , 2 d Z o _ 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 day of i:�' 6- 64 4 , 2tE Signature of KEITH GOODBREAD Name of Applicant (printed or typed) State of Florida County of Okeechobee _ `J' Date Sworn to and subscribed before me this day of ��L ,Ui� P� known to me or produced did not take an oath. Notary I,ublic, State o9gorida as identification and Seal: C. MICHAEL BAGGOTT MY COMMISSION S GG111153 p EXPMS: June 04, 2021 (Rev 2/2019) Page 1 of I I March 17, 2020 City of Okeechobee 55 SE 31d Avenue Okeechobee, FL 34974 Subject: Keith Goodbread Trucking Special Exception Dear Mr. Smith: Steven L, Dobbs F..,neineering.. I:LC, has com.plctad an analysis of the traffic generation stateirnent for the above referenced facility. The prgiect is to cony ert an empt% building to storip and parking for scmi- tractor trailers. This analysis Nvas based on a spreadsheet distributed by the Florida Department of Transportation, which is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual (S°i Edition). The r=suits indicate the. proposed 0.5 acre Truck. Terminal (ITE code 030) generates 41 total daily trips with 3 PM peak hour trips with 1 being in and 2 being out. Shotild you have any questions or comments, please do not -hesitate to call. Sincerely; Steven L. Dobbs Engineering F� Steven i .. Dobbs, P. E. President CC: Keith Goodbread File *aIVQ Steven L. Dpb`'•s MAR 1 ?('01 . 48134 SLO Engireertnoc- 1062 Jakes Way, Okeechobee, FL 34974 Phone: (863) 824-7644 Cell: (863) 634-0194 Email: sdobbs@stevedobbsengineering.com Website: www.SteveDobbsEngineering.com Instructions: Trip Generation Rates from the 8th Edition ITE Trip Generation Report Enter Numbers into the "Expected Units" NA: Not Available KSF 2: Units of 1,000 square feet in the Corresponding Yellow Column DU: Dwelling Unit Fuel Position: # of vehicles that could be fueled simultaneously Occ.Room: Occupied Room Description / ITE Code Waterport/Marine Terminal 010 Units Berths- Rate Weekday Daily Tratfic 171.52 PM Peak Period Rate MAI % PM In NAI % PM Out NA Expected Units (independent variable) Calculated Daily Trips PM Peak Trips • Total M1 PM in NA PM Out m Notes 0 Commercial Airport 021 Employees 13.40 0.80 54% 46% 0 0 NA NA Commercial Airport 021 Avg Flights/Day 104.73 5.75 56% 44 % 0 0 NA NA Commercial Airport 02'1 Com. Flights/Day 122.21 6.88 54% 46% 0 0 NA NA General Aviation Airport 022 Employees 14.24 1.03 45% 55% 0 0 NA NA General Aviation Airport 022 Avg. Flights/Day 1.97 NA NA NA 0 NA NA NA General Aviation Airport 022 Based Aircraft 5.00 0.37 45% 55% 0 0 NA NA Truck Terminal 030 Acres 81.90 6.55 43% 57% 0.5 41 3 1 2 Caution- Only 3 Studies ParkB.Ride w/ Bus Service 090 Parking Spaces 4.50 0.62 22% 78%11 0 0 NA NA ParkBRide w/ Bus Service 090 Occ. Spaces 9.62 0.81 28% 72%1 0 0 1 NA NA Light Rail Station w/ Park 093 Parking Space 2.51 1.24 58% 42% 0 0 NA NA Light Rail Station w/ Park 093 Occ. Spaces 3.91 1.33 58% 42% 0 0 NA NA General Light Industrial 110 KSF 6.97 0.97 12% 88 % 0 0 NA NA General Light Industrial 110 Employees 3.02 0.42 21% 79% 0 0 NA NA General Heavy Industrial 120 KSF' 1.50 0.68 NA NA 0 0 NA NA Caution -Only 3 Studies General Heavy Indushial 120 Employees 0.82 0.88 NA NA 0 0 NA NA Industrial Park 130 KSF 6.96 OM21% 79% 0 0 NA NA Industrial Park 130 Employees 3.34 0.46 20% 80% 0 0 NA NA Manufacturing 140 KSFZ 3.82 0.74 36% 64% 0 0 NA NA Manufacturing 140 Employees 2.13 0.36 44% 56% 0 0 NA NA Warehousing 150 KSF 3.56 0.32 25 % 75 % 0 0 NA NA Warehousing 150 Employees 3.89 0.59 35% 65% 0 0 NA NA Mini Warehouse 151 KSF 2.50 0.26 51% 49% 0 0 NA NA Mini Warehouse 151 Storage Units 0.25 0.02 NA NA 0 0 NA NA Mini Warehouse 151 Employees 61.90 6.04 52% 48%1 0 01 NA NA High -Cube Warehouse 152 KSFZ 1.44 0.10 33% 67% 0 0 NA NA High -Cube Warehouse 152 Employees NA 0.66 35% 65% 0 0 NA NA Utilities 170 KSF' NA 0.76 45% 55% 0 0 NA NA Utilities 170 Employees NA 0.76 90% 10 % 0 0 NA NA Single Family Homes 210 DU 9.57 1.01 63% 37% 0 0 NA NA Single Family Homes 210 Vehicles 6.02 0.67 66% :,4% 0 0 NA NA Apartment 220 DU 6.65 0.62 65% 35% 0 0 NA NA Apartment 220 Persons 3.31 0.40 NA NA 0 0 NA NA Apartment 220 Vehicles 5.10 0.60 NA NAI 0 0 NA NA Low Rise Apartment 221 Occ.DU 6.59 0.58 65% 35% 0 0 NA NA High Rise Apartment 222 DU 4.20 0.35 61 % 39% 0 0 NA NA Mid -Rise Apartment 223 DU NA 0.39 58% 42% 0 0 NA NA Rental Townhouse 224 DU NA 0.72 51 % 49% 0 0 NA NA Caution- Only 1 Study Resd. Condo/Townhouse 230 DU 5.81 0.52 67% 33% 0 0 NA NA Resd. Condofiownhouse 230 Persons 2.49 0.24 67% 33% 0 0 NA NA Low Rise Resd. Condo 231 DU NA 0.78 58% 42% 0 0 NAI NA High Rise Resd. Condo 232 DU 1 4.18 0.38 62% 38% 0 0 NA NA Luxury Condo/Townhouse 233 Occ. DU NA 055 63% 37% 1 0 0 NA NA Mobile Home Park 240 Du 4.99 0.59 62% 38% 0 0 NA NA Mobile Home Park 240 Persons 2.46 0.26 63% 37% 0 0 NA NA Retirement Community 250 DU NA 0.27 56% 44 % 0 0 NA NA Caution- Only 1 Study Elderiy Housing -Detached 251 DU 3.71 0.27 61 % 399b 0 0 NA NA Caution- Only 1 Study. Congregate Care Facility 253 Occ.DU 2.15 0.17 56% 44 % 0 0 NA NA Caution- Only 2 Studies Elderly Housing- Attached 252 Occ-DU 3.48 0.16 60 % 40% 0 0 1 NA NA Caution- Only 4 Studies Recreational Homes 260 DU 3.16 026 41% 59% 0 0 NA NA Residential PUD 270 DU 7.50 0.62 65% 35% 0 0 NA NA Hotel 310 Occ. Room 8.92 0.70 49% 51%1 0 0 NA NA Hotel 310 Rooms 8.17 0.59 53% 47% 0 0 NA NA Hotel 310 Employees 14.34 0.60 54% 46% 0 0 NA NA All Suites Hotel 311 Occ.Room 6.24 0.55 42% 58% 0 0 NA NA Caution- Only 4 Studies All Suites Hotel 311 Rooms 4.90 0.40 45% 55% 0 0 NA NA Business Hotel 312 Occ. Room 7.27 0.62 60% 40% 0 0 NA NA Caution -Only 4 Studies Business Hotel 312 Employees 72.67 7.60 60 % 40% 0 0 NA NA Motel 320 Occ.Room 9.11 0.58 53% 47% 0 0 NA NA Motel 320 Rooms 5.63 0.47 54% 46% 0 0 NA NA Motel 320 Employees 12.81 0.73 54% 46% 0 01 NA NA Pmject Name: Southern Construction and Development Owner Name: Keith Gooibread Owner Address: 12575 Highway 70E, Okeechobee, FL 34972 Owner Phone: 561-6624563 Engineer Name: Steven L Dobbs Engineering, LLC Engineer Address: 1062 Jokes Way, Okeechobee, FL 34974 Engineer Phone: 863-824-76a4 Architect No—: WA Arch4ect Address: Architect Phone: Planner Name: NIA Planner Address- Planner Phone Future Land Use: Commercial Zoning: Heavy Commercial Min Lot Width: 50.0 B Proposed lot Width: 150.0 tl Min Lot Size: 6.250.05( Proposed lul size: 20,037.6 sf Pmject Size 20,038 SF Setbacks: Front Req 20 Provided 107 Side Req B Provided BO Side Req B Provided 0 Rear Req 10 Provided 0 Parking: Warehouse 1 space per 1,000 sf 7,000 sl/space of 1,B00 units Required Parking: 2 spaces Handicapped Parking 1 space per every 25 spaces minimum 1 Required Handicapped Parking 1 Handcapped Parking Provided 1 Total Parking Required 3 Parking Provided 4 Coverage Residential Allowed 50% Proposed 12% Impervious Area Allowable Impervious Area: 85% Proposed ISR 75% B" LIMESTONE OR COQUINA BASE COMPARED TO 99% 11/2" TYPE SP 9.5 MAX. DENSITY PER AA5HT0 ASPHALTIC CONCRETE Z T-1B0 METHOD. BASE SHALL MEET LBR too eb 12" STAB ILI2ED SUB -GRADE FBV OF 75 PSI COMPACTED TO 98% MAX DENSITY PER AA5HTO T-200 METHOD. SUB -GRADE SHALL MEET LBR 40 PAVEMENT SECTION N.T.S. DESCRIPTION' LOTS 8, 9 AND 10. BLOCK 58, OKEECHOBEE, ACCORDING TO 7HE PLAT 7HER£OF AS RECORDED IN PLAT BOOK 5,. PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. HANDICAPPED SYMBOL o HANDICAPPED SIGN 1/0' ALUMINUM PANEL SCREEN PRIM SYMBOL COLORS SELECTED SELECTED PER OKEECHOBEE COUNTY PARKING CODE WHEEL STOP HANDIG PAVEMENT STRIPING PER FOOT IINDDEx 17346 1' Sq. ALUMINUM POST FINISH AS PER SPECIFICATIONS \� — FINISHEDGRAOE HANDICAPPED SYMBOL EARTH CONCRETEFOOTING �� 6"STRIPES ITYP.I 5'0 12'0' 17'0' HANDICAPPED PARKING SIGN HANDICAPPED PARKING Note: All Paved Parking Stalls are to be double striped. HANDICAPPED PARKING - SIGNAGE/STRIPING DETAIL N.T.S. PRO✓EC7 SPECIFIC NOTES' 1J UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE CALCULA7ED(C) AND MEASURED(M). 2) S17E ADDRESS.- 701 N. PARROTT AVE J) PARCEL ID, 3-15-J7-.75-0010-00580-0080 4) FIRM ZONE.' X-, MAP NO. 1209JC0415C, DATED 07116115. 5) THE ELEVATIONS SHOWN HEREON ARE BASED ON 7HE NORTH AMERICAN VERTICAL DATUM OF 1988 (NA VD 88). 6) THIS SURVEY IS NOT INTENDED TO DEPICT JUR/SD/C770NAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 7) SURVEYOR WAS NOT PROVIDED III ANY TIRE /NFORMA 77ON FOR THIS PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR 7HE ACCURACY OF EASEMENT DIMENSIONS SHOWN HEREON, THERE MAY BE 07HER EASEMENTS OR RESTRIC77ONS THAT EFFECT THIS PARCEL. 8) THE SURVEY DEPICTED HERE /S NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES 9) DATE OF LAST FIELD SURVEY.- 04128120. TRADEWINDS SURVEYING GROUP, LLC. 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (663) 763-2857 A Fax: (663) 763-4342 O John J. Rice. P.S.M. (IS 4506) LB 0360 ----------- I I I whAwW SB PROPOSED CONCRETE 5I WHEEISTOP I I MP) �10, -I EXTEND CONCRETE ---J FOR FUEL TANK 20' RELOCATION ELT K 3-15-77-35-0010-00580-0080 70f N PARROTT AVE S. PROPOSED FENCE AROUND PROPERTY aa'otie \..nx rna ROUNDED CONCRETE TOP 7' LONG x 6" CIA STEEL PIPE FILLED WITH CONCRETE (SEE NOTES) 24" DIA CONCRETE BASE BOLLARD NOTES: 1. THE MINIMUM WALLTHICKNESS OF THE PIPE SHALL BE 0,188". 2. ALL POSTS SHALL HAVE 2 COATS OF YELLOW TOP COAT, UNLESS OTHERWISE NOTED. 3. THE PRIMER COAT SHALL MEET REQUIREMENTS OF FDOT971-5. 4. ALL CONCRETE SHALL BE FOOT CLASS 1. Dl11 I ADM mrrTAIt N.T.S. BLOCK 55 w r 69.86' O F _—__—_— -PRD I\ P PROPOSED ASPHALT 1 PAVEMEN'L LOT 1 O / BLOCK 56' � am+ya o \ NW 7T USTTREET PROPOSED FENCE AROUND PROPERTY q 01� ZB > yy 3 9 I L7 m I' �I w� .2J 0 �Qal` Iww�� mN IJ'VYvm z Y� �WB l0 U y Oa EHW SCALE: 1 "=20' 0 10 20 40 osxA[x es • was — _ _ oa,—en- 14' Au.r I m,oex cool Landscaping Requirements Trees Shrubs 1 tree and 3 shrubs for every 3,ODO sf of lot 7 21 area - DAB acres Buffer 30'street- Tother Property Lines(PL) SO 30 -1 tree, 3 shrubs for every 300 sf of required landscaping 146 If an street and 428 If on other PLs Sg sf of landscaping for every parking space - 0 0 1 Ireland 3 shrubs for every R 0 of landscaping- 33 proposed parkings aces Landscape islands min S' x 15' every 30 0 0 spaces max. unintenrupled spaces 12 Individual Sln le Family 0 0 Multifamily One Bedroom (2trees perunit) 0 0 Multifamily two to four Bedrooms (3 trees 0 0 per unit) Mobile Home Park or subdi Ision (2 trees per 0 0 dwelling) Assisted Living facilities, nursing home (1 tree 0 0 per two Units or bedrooms) Multifamily One Bedroom (2 trees per unit) 0 0 Total:I 10 30 Note: Since the landscaping requirement is met in the parking, buffers and islands no additional landscaping is required. City code 90.540 (b) and 90.542 requires plants from the 5FWMD Xenscape approved list. City Code 90-540(c) identified trees to be a minimum of 10' high and 2" In diameter4- above ground at Planting. L,,,,'EGEND r��\yyv � 7 PROPOSED TREE x 10 0 PROPOSED SHRUB x 40 PROPOSED CONCRETE PROPOSED ASPHALT MILLINGS CALL 48 HOURS BEFORE YOU DIG IN FLORIDA, ME THE LAW - � FJOBo.: 2019-044 SHEET OF 01 F:\2019-044 Keith Goodbread Trucking\03-DWG\2019.044 SITE PLAN 20200827.dwg, 0/27/20204:19:23 PM, DWG To PDF.pc3 I TL,m COASA.U,04- Comml Cgw%wweowm N%im #&^ Dlel*so&# e W., The Aboveground Solution to the Underground Problem Interest in the preservation of our environment has prompted all levels of many governments to issue strict guidelines for the installation, operation and removal of underground storage tanks (UST's). As a result, owners and operators are faced with tedious and complicated rules and paperwork. They may also be faced with expensive upgrades, purchase of monitoring equipment, testing, and obtaining pollution liability insurance to comply with these requirements. In the event of a leak, the actual costs for soil and groundwater clean-up can be catastrophic. As aboveground storage tanks (AST's) replace UST's on a more regular basis, strict guidelines are being issued for AST's as well. ConVault's innovative Protected AST's are the proven solution for these problems. Engineered for Safety ConVault Protected AST's are engineered to survive in the real world. Utilizing patented manufacturing procedures, the resulting product is a tank for flammable liquids seamlessly encapsulated in six-inch thick concrete with integral secondary containment, thermal stability, vehicle impact protection, and projectile protection. The system contains no cold joints or heat transfer points on the bottom or the sides. 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ConVault Protected AST's have been approved by environmental and fire protection officials in all states of Australia, all provinces of Canada, all states of the USA, and by government officials of the Czech Republic, England, Finland, Germany, Poland, Russia, and Slovakia. 7 _ 4_ -- - --1 TOOT? wr--'" The California Air Resources Board has certified ConVault Protected AST's for Phase I and II balanced vapor recovery, including methanol/ethanol blends. ConVault Protected AST's meet all safety requirements for primary and secondary containment, leak monitoring, spill containment and overfill protection. Specific jurisdictions may have special requirements for tank accessories. Contact your local representative for local regulations. With the first installation in 1986, over 27,000 tanks are now in service at extremely diverse locations in over 20 different countries without a single reported system failure to -date! It is this historical performance that has been the cornerstone of regulatory comfort with the ConVault protected AST product. Designed for Value The ConVault Protected AST system will provide ongoing value for fuel storage. More stringent regulations are consistently on the horizon; however, with a ConVault Protected AST the need for updating is greatly reduced. ConVault operating costs are substantially lower than virtually any other AST on the market. The concrete exterior provides protection for the secondary containment, and acts as a thermal mass, reducing temperature variations (which reduces fuel vapor loss and water vapor gain), while providing a non -corrosive, durable exterior. To meet your fuel storage needs, ConVault Protected AST's are manufactured in sizes ranging from 125 to 12,000 US gallons, or 500 to 45 000 liters (including multi -compartment options). ConVault AST's have a 20 or 30-year warranty. ConVault Protected AST's are produced at manufacturing sites around the world. The unit is shipped as a finished assembly, normally limiting the need for major on -site work to providing a concrete pad and electrical service. Although the units are intended for stationary service, in the event of changing requirements r they can be moved and reinstalled. ConVault Protected kJ AST's are thus an asset, compared to UST's or "tanks in dikes" which are usually considered a liability. Always consult local fire and building codes before installing a ConVault Protected AST since environmental and fire safety regulations can vary between jurisdictions. To find out more about ConVault products, please visit the web site at http:#www.convauit.cojr, inquire by email to info(d)convault.com, or call 209-632-7571 (800-222-7099 in the USA) for the ConVault representative nearest you. US Measurements Metric Measurements ConVault Size Weight A (Length) B (Width) C (Height) Convault Size Weight A (Length) B (Width) C (Height) Gallons Pounds ft. & in. ft. & in. ft. & in. Liters kci mm mm mm 125 6,200 4' 0.5" 4' 0.5" 3' 11" 1 000 4 000 2 350 1 150 1 100 250 8,000 7' 8" 3' 9.5" 3' 3" 2000 6 000 3 300 1 450 1 100 500 12,000 11, 0" 4' 6" 3' 4" 4 000 9 000 3 300 1 750 1 450 1,000 18,000 11, 0" 5' 8" 4' 4" 6 000 12 000 3 400 2 400 1 500 2,000 30,000 11' 3" 8101, 5' 6" 8 000 13 500 3 400 2 400 1 800 3,000 LP 36,000 11' 3" 8101, 7' 3.5" 12 000 18 000 4 900 2 400 1 800 3,000 HP 37,500 9191, 8101, 8' 9" 16 000 LP 22 000 5 800 2 400 1 950 4,000 LP 44,000 17' 7" 8.0.. 6' 5.25" 16 000 HP 20 000 4 050 2 400 2 650 4,000 HP 40,000 12' 6" 8101. 8.91. 20 000 LP 21 000 7 150 2 400 1 950 4,000 DW 44,000 12' 2" 8.0.. 8' 9" 20 000 HP 24 000 4 950 2 400 2 650 5,200 47,000 15' 6" 810.1 8' 9" 22 000 25 000 5 400 2 400 2 650 6,000 60,000 17' 7" 8101, 8' 9.25" 25 000 28 000 6 100 2 400 2 650 8,000 72,000 23' 1" 8101, 8' 9.25" 30 000 34 000 7 250 2 400 2 650 10,000 87,000 28' 7" 8101, 8' 9.25" 35 000 41 000 9 100 2 400 2 650 12,000 101,000 34' 1" 8101, 8' 9.25" 45 000 46 000 10 700 2 400 2 650 Cylindrical Most units are configurations. also available as a split unit in several Size Weight Diameter Length Gallons Pounds ft. & in. ft. & in. Caution! All sizes are not available from all manufacturing 4,000 Cyl 46,000 9' 4.5" 11,111, 5,00 Cyl 52,000 9' 4.5" 15' plants. Shape, dimensions, and weights may vary between 9' 4.5" " 6,000 Cyl 6060 ,000 17'33" 8,000 Cyl 72,000 9' 4.5" 22' 7" mianufacturing available. plants. Other sizes not listed may be 10,000 Cyl 80,000* 9' 4.5" 27' 11" 12,000 Cyl 90 000* 9' 4.5" 33' 3" Check with your local representative. * if "linhfvvPinh4 rnnrrafa is imprl " 4' (100mm) NIPPLE 7GALLON (25L)U.L.LISTED SPILL CONTAINMENT \ J- With INTERNAL DRAIN AND POSITIVE SEAL -A SIDE VIEW 4- (tuemml EMERGENCY VENT LTrACHMENTPOW SIX STEP PROCESS FLUX DETECTOR N6E 1. Steel Tank .�-2'(SOmm)NIPPLE 2. '/ " (6mm) Styrofoam Insulation 3. 30 Mil. (0.76mm)HDPE Liner 4. '/2' (12mm) Rebar 5. 6" (105mm) Monolithic Concrete 6. Finish -- i- SEE DETAIL a Pbeak Niedor Tuba -p / �29 (SOmmj EmefoomVont 2'(50mmm) 1 4" (100mm) FIII Anadimenl Poinl ---0 4• (1001nm) "`' 7 Gallon (25 L) Ovedlll Containment VC at 0"`2' 150mmr TOP VIEW T I U.S. PATENT #4,826,644; #4,931,235; #4,934,122; #4,963,082; #4,986,436; #5,064,155; #5,157,888; #5,174,079; #5,234,191; #5,126,095 (OTHER U.S. & FOREIGN PATENTS PENDING) DETAIL �tuoer �stcoar U,L&. (209) 632-7571 CORPORATE OFFICES OR 1-800-222-7099 IN THE USA PMM:W4109 ZEERING ROAD WWW.CONVAULT.COM DENAIR, CALIFORNIA 95316 INFO@CONVAULT.COM The Industry Leader In Above Ground Fuel Storage Systems SPECIFICATIONS FOR RECTANGULAR ABOVEGROUND STORAGE TANKS 1. The Insulated Secondary Containment Aboveground Storage Tank Systems for Flammable and Combustible Liquids, Protected Type: Vehicle Impact Protected, and Projectile Resistant shall be tested to and listed for the following: A. UL - 142, aboveground steel tanks for flammable and combustible liquids. B. UL - 2085, two-hour furnace fire test and two hour simulated pool fire test for insulated and protected tanks. C. UL - 2085 and UFC Test Standard (Article 79 or APPENDIX #A-II-F-1), for both Vehicle Impact Protection and Projectile Resistance. D. UL - 2085, Protected aboveground tanks for flammable and combustible liquids. E. UL - 2085, Non -Metallic Secondary Containment protected tanks for flammable and combustible liquids with secondary containment Emergency Venting by "Form of Construction". F. CAN/ULC- S601 (ORD - 142.18), Standard for shop fabricated steel aboveground horizontal tanks for flammable and combustible liquids. G. CAN/ULC- S655 (ORD - C 142.16), Standard for protected aboveground tank assemblies for flammable and combustible liquids. H. CAN/ULC- (ORD - C 142.5), Standard for concrete encased aboveground tank assemblies for flammable and combustible liquids. I. CAN/ULC- (ORD - C 142.16), the furnace burn requirements for two hour fire rating. J. CAN/ULC- (ORD - C 142.25), the open (pool) fire testing for two-hour flammable liquid fire test. K. CAN/ULC- (ORD - 142.23), for aboveground tanks for used oil. L. The requirement for Uniform Fire Code (UFC) for two-hour (firewall) test. Aboveground Storage Tanks Specifications Page 1 of 3 04/21/2011 The Industry Leader In Above Ground Fuel Storage Systems M. To be tested and certified by the California Air Resources Board (CARB) for Balanced Phase 1 and Phase II Vapor Recovery including methanol and ethanol. N. High Explosive (HE) Blast Resistance: The tank system design shall be the subject of a Blast Effects Analysis (BEA) for resistance under the following blast load scenarios: 1) a 50-pound HE man -portable improvised explosive device (MPIED) at the standoff distance of 5 feet; 2) a 500-pound HE vehicle -born improvised explosive device (VBIED) at the standoff distance of 20 feet; and 3) a vapor cloud explosion (VCE) with a load of 10 psi. The BEA shall conclude that the tank system will resist the explosion loads and remain intact, without failure of the primary tank or expectation of leakage. Movement of the tank shall not exceed 2 inches. The engineering consultants performing the BEA shall be a nationally recognized firm with over 10 years experience offering comprehensive services related to blast and impact effects analysis, explosive safety design, vulnerability assessments and threat mitigation. 2. The primary steel tank shall be rectangular in shape and have continuous welds on all exterior seams, manufactured in accordance with UL listing requirements and UL Standard 142. 3. The primary steel tank shall be pressure tested at 5 psig for 24 to 48 hours. 4. The primary steel tanks shall have "emergency vent" system as per NFPA 30 Code requirements. 5. The protected and insulated AST systems shall have a thru-tank leak detector tube to allow for physical checkup and monitoring capability between the primary and the secondary containment. 6. The primary steel tank shall be pressurized at 5 psig during concrete encasement. 7. The outer surface of the primary steel tank shall be covered by a minimum of 1/4" thick (6.4 mm) Styrofoam insulation panels. 8. The secondary containment shall be impervious to corrosion, including damage or failure due to microbial infestation. Because steel is known to be affected by microbial influenced corrosion, the secondary containment shall consist of a 30 Mil thick (0.76 mm) High -Density Polyethylene membrane enclosing the steel tank and insulation material. Aboveground Storage Tanks Specifications Page 2 of 3 04/21/2011 '"""'' The Industry Leader In Above Ground Fuel Storage Systems 9. The primary steel tank and the secondary containment shall be encased in six inches of monolithic reinforced concrete, with minimum design strength of 4,000 and 5,000 psi at 28 days depending on the tank size. The concrete design shall include the following for long-term durability: air entrainment, water reducing admixture, and steel reinforcement. Concrete encasements with seams will not be approved. 10. The protected and insulated AST systems shall be of concrete exterior and a continuous and visually verifiable monolithic (seamless) pour on top, bottom, ends, and sides and contain no cold joints or heat sinks (heat transfer points). The AST must be shop fabricated and tested in accordance with the UL listings. Designs that use two layers of steel with insulation material between them will not be approved. 11. No steel or insulating material shall come in contact with the concrete or other corrosive material. 12. All openings shall be from the top only. 13. All exposed metal with the exception of stainless steel must be powder coated to inhibit corrosion. 14. The protected and insulated AST systems shall include a 7 or 15-gallon powder coated or stainless steel, UL listed spill containment, and shall include normally closed valve to release spilled product into the primary steel tank. Spill containment which route the spilled product into interstitial area will not be approved. 15. The protected and insulated AST systems shall have a coated concrete exterior to resist weather and reflect sunlight. Models with steel exteriors will not be approved. 16. The protected and insulated tank system shall be warranted by the manufacturer against defects in material or workmanship for 20 or 30 years following the delivery of the tank. Warranties that limit coverage to 12 months for failure due to defective materials and workmanship will not be permitted. 17. The protected and insulated AST systems design shall have been in use for a minimum of twenty (20) years. The manufacturer must stipulate no reportable AST containment system failure in over 30,000 units produced. 18. The protected and insulated AST systems shall have two (2) bolts for connecting grounding conductors for lightning protection in accordance with NFPA 780. Aboveground Storage Tanks Specifications Page 3 of 3 04/21/2011 Staff Report Special Exception Request Outdoor Sales and Storage Building Trades Contractor Prepared fora The City of Okeechobee Applicant: Southern Construction & Development Petition No.: 20-00 1 -SE [to Staff Report Applicant: Southern Construction & Development Special Exception Request Petition No. 20-001-SE JGeneral information Owner/Applicant Southern Construction & Development Keith Goodbread Applicant Address 12575 SR 70 East F„ Okeechobee, FL 34972 Applicant Email Address KAGoodbread1969@gmail.com Site Address 701 US 441 North / 701 N Parrott Ave s Contact Person Steven Dobbs, Consultant'' Contact Phone Number 863.634.0194 Contact Email Address sdobbs stevedobbsen ine rt @ g ermg.com Future Land Use,, Zoning and' -Existing Use Existing Future Land Use Commercial Zoning Heavy Commercial Parking commercial Use of Property vehicles, two offices and indoor storage Acreage 0.479 Le al Description of Property Parcel Identification Number: 3-15-37-35-0010-00580-0080 Proposed Commercial Heavy Commercial Semi -truck parking and fueling from above ground fuel tank; office; and indoor/outdoor storage 0.479 LOTS 8, 9 and 10, BLOCK, 58 OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 5, AND PLAT BOOK 1, PAGE 10, BOTH OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. .- . M. a FMT r - ... The matter for consideration by the City of Okeechobee Board of Adjustment is a request for a Special Exception to allow parking and fueling of commercial vehicles (including semi -tractor trailer trucks) from an above ground fuel tank at the subject property, which is zoned CHV Commercial Heavy. This use is not explicitly allowed in Section 90-282 as a permitted use in the CHV district but is comparable to "outdoor sales and storage, building trades contractor", which is specifically listed in Section 90-283 as a special exception use in the CHV district. The applicant has stated that the facility will not be open to the public and will only be used to park and fuel their company trucks. planning 1 Staff Report Applicant: Southern Construction & Development Special Exception Request Petition No. 20-001-SE The subject site is located directly on US-441 (Parrot Avenue) on the northwest corner of 441 and NW 7th Street. There is an existing 1,800 square foot structure on the property which is currently used for office and storage. The structure is non -conforming to the setback requirements and no significant changes are proposed for the structure at this time. There are two existing curb cuts on 441 as well as two existing entrances on NW 7th. The proposed site plan shows usage of only one entrance from 441 and one entrance from NW 7th. The site plan shows new striped parking added in front of the existing building as well as an un- striped parking area for 4 semi -trucks. An above ground diesel fuel tank is depicted between the existing building and the proposed semi -truck parking area. Future Land Use, Zoning, and Existing Use on Surrounding Properties Future Land Use Commercial North Zoning Heavy Commercial ? t r ..t . Existing Use Computer Repair / UHaul Future Land Use East Zoning Existing Use3 ? Future Land Use South Zoning Existing Use Future Land Use (Nest Zoning Existing Use Commercial Industrial Self Storage 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 information 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. APPLICANT RESPONSE: The site fronts on 441N at the northwest corner of NW 7" Avenue (sic) and 441N. The site has good access from the south, if required with existing curb cuts off FDOT. STAFF COMMENTS: 441 is considered a shipping corridor and this site's location on 441 is outside the central business district and historic area of the City. If some buffering is provided and usage is limited to private fueling and parking of company trucks, then this location should be appropriate for the intended uses without the need to provide roadway improvements. Lalk,!� 2 pfanni,ng Staff Report Applicant: Southern Construction & Development Special Exception Request Petition No. 20-001-SE (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. APPLICANT RESPONSE: The site and existing building are perfect for this use. There are two existing curb cuts off 441 N as well as a culvert crossing from the south. This will allow the site to be accessed by the semi -trucks planned to be parked onsite as needed and the storage will be used to support the trucking operation. STAFF COMMENTS: There is an existing 1,800 square foot building on the site, which the applicant is not proposing to expand or make any changes to at this time. The only new structures proposed are the above ground fuel tank and a fence. The fuel tank has been located to meet the above ground fuel tank setbacks provided in City Code Section 90-692. The proposed fence is chain link and will meet the height requirements of 90-639. (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. APPLICANT RESPONSE: Visual screening is provided according to the City of Okeechobee's landscape ordinance as it fronts on 441N which is heavily traveled and this use will not cause any adverse impacts to adjacent properties. STAFF COMMENTS: The Applicant's site plan depicts landscaping which meets the minimum standards of the City's land development code, including buffers along both roadways. (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. APPLICANT RESPONSE: The nature of the business is a trucking company to store trucks onsite and provide a fueling station to be used by the company trucks. There should be no potential hazards or public nuisances created by the use. STAFF COMMENTS: The main potential issues on this site are the aesthetics of the truck parking, the safety of the fueling tank, and the potential for truck movements to block traffic on 441. The site plan does provide buffer landscaping along the roadway and two bollards for the fuel tank. Additional bollards should be used to ensure protection of the tank. In staff's opinion, it is questionable whether trucks will be able to back into parking area shown on the plan or back out of the parking area without using the 441 right-of-way or blocking it for short periods of time. (5) Demonstrate how the utilities and other service requirements of the use can be met. APPLICANT RESPONSE: There are existing water and sewer service to the site as well as power, so there are no utility or service requirements that cannot be met currently. STAFF COMMENTS: Water and sewer service is currently provided by Okeechobee Utility Authority. t..h. - 3 planning Staff Report Applicant: Southern Construction & Development Special Exception Request Petition No. 20-001-SE (6) Demonstrate how the impact of traffic generation will be handled off site and on -site. APPLICANT RESPONSE: Traffic will enter and leave from the south off NW 7th Street as well as Highway 441N. This will all be company traffic as it is not a business open to the general public. There will be approximately 10 trucks stored and fueled onsite. STAFF COMMENTS: The location of the site outside of the city center and with direct frontage on US-441 is appropriate for this use. If use is limited to the applicant's company trucks and is not open to the public, then the use should not generate a sufficient amount of vehicle trips (semi -trucks or otherwise) to overburden the local roadways. However, the size of the lot may not be adequate to facilitate truck movements that do not impede traffic on 441. Additionally, there does not seem to be adequate space on the site for storage of 10 semi -trucks. The Board may consider placing a restriction on the number of semi -trucks that may be parked at one time on the site. 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. APPLICANT RESPONSE: This parcel is zoned Heavy Commercial and has a Future Land Use of Commercial and this special exception request is in the Heavy Commercial Zoning. This parcel is perfect for business such as the one proposed and is absolutely within the spirit of the Comprehensive Plan. STAFF COMMENTS: Future Land Use Policy 2.1(d) describes the permitted uses of the Commercial future land use category to include automotive and warehousing. These broad use descriptions are consistent with the applicant's proposed uses. (2) The use is specifically authorized as a special exception use in the zoning district. APPLICANT RESPONSE: According to the City of Okeechobee, Code of Ordinances Section 90- 283(5), Outdoor sales and storage, building trades contractor is specifically authorized in the Land Development Regulations. STAFF COMMENTS: In addition to the existing uses (office and indoor storage) taking place at the subject property, the applicant is requesting a special exception to allow parking and fueling of commercial vehicles, including semi -tractor trailer trucks. While this use is not exactly described in Section 90-282 as a permitted use in the CHV district, it is comparable to "outdoor sales and storage, building trades contractor", which is specifically listed in Section 90-283 as a special exception use in the CHV district. (3) The use will not have an adverse effect on the public interest. APPLICANT RESPONSE: It should have a positive effect on neighboring businesses by utilizing a currently vacant building and parcel and should have a positive effect on the public interest. i_.1K,,- 4 Pt annmg Staff Report Applicant: Southern Construction & Development Special Exception Request Petition No. 20-001-SE STAFF COMMENTS: This use could adversely affect the public interest if trucks using the site cause blockages on US-441. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. APPLICANT RESPONSE: Yes, this parcel is currently developed so the urbanizing land use has been established and the business is compatible with other businesses in the vicinity. STAFF COMMENTS: With landscape buffering, the proposed use is appropriate for this location on US-441. However, the size of the subject parcel may not be appropriate for this use, as the applicant has not demonstrated that there is sufficient space for semi -trucks to use the truck parking area without blocking the public roadways. (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. APPLICANT RESPONSE: This change will not negatively impact property values or living conditions, nor deter development of adjacent property as all adjacent property is already developed. STAFF COMMENTS: This use should not be a detriment to the existing uses on adjacent properties which are typical heavy commercial and industrial uses. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. APPLICANT RESPONSE: No hazards or impacts are anticipated by this use to adjacent uses as previously discussed. STAFF COMMENTS: The site plan shows a landscape buffer is proposed which meets the minimum requirements of the City's land development code. If deemed necessary, the Board can consider requiring additional landscaping or other screening. (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. APPLICANT RESPONSE: This use will not overburden public facilities including streets and as stated previously the utilities already servicing this site are sufficient for the proposed use. STAFF COMMENTS: Residential density and school capacity will not be affected, as no dwelling units are proposed at this time. Water and sewer capacity should not be significantly affected by the proposed use. If use of the facility is limited to company staff and vehicles, then vehicle trip generation should also not be significant. 8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. APPLICANT RESPONSE: The site is already developed and there are no flooding or drainage issues in the area with none anticipated. There are no impacts to public safety anticipated by the addition of this use on the site. L-K,Z a ptanning Staff Report Applicant: Southern Construction & Development Special Exception Request Petition No. 20-001-SE STAFF COMMENTS: The site plan does include a water detention feature that will be reviewed by the city engineer and building department. As discussed above, the proposed use is not expected to generate a significant number of vehicle trips. Though there are questions as to whether turning movements could block traffic flow on 441. Recommendation Based on the foregoing analysis, we find that the subject property may not be large enough to fully accommodate the internal circulation and parking of multiple semi -trucks. Otherwise, the requested Special Exception is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. If the applicant can demonstrate that ingress, egress and interior circulation will not cause significant blockages of US-441, then we recommend approval of the Special Exception for outdoor sales and storage building trades contractor. Additionally, the Board may consider placing conditions on their approval including: 1. Maintain private use (company staff and vehicles only) of the facility only. Prohibit offering fueling and other services to the public. 2. Limiting the number of semi -trucks that may be parked on the site at any one time. 3. Striping of semi -truck parking spaces. 4. Requiring additional landscape buffering including installation and maintenance of specific hedge species (e.g. clusia, cocoplum, simpson stopper, silver buttonwood, etc.) along roadways to ensure screening. Submitted by: "Ben Smith, AICP Sr. Planner September 25, 2020 Board of Adjustment Hearing: October 15, 2020 LaR„- 6 planning Staff Report Applicant: Southern Construction & Development Special Exception Request Petition No. 20-001-SE FUTURE LAND USE SUBJECT SITE AND ENVIRONS ST - "'-748 .77 CSX TRAK 3-"F7 I - _ - .--:i 2AD I 60- 59: 58 y iiL . 74 75 ,, , 5/ 77 11 36 49 C-OAST L AILf i 90 89 88 z i i LAND USE CLASSIFICATIONS tot line I { SftJGLE • FAMILY RESIDENTIAL MIXED USE RESIDENTIAL MULTI - FAMILY RESIDENTIAL COMMERCIAL c„ INDUSTRIAL PUBLIC FACILITIES EASEMENT RAILROAD CENTERLINE HOPKINS MEANDER LINE I UNINCORPORATED i L.,�.,� ptannmg Staff Report Applicant: Southern Construction & Development Special Exception Request Petition No. 20-001-SE ZONING SUBJECT SITE AND ENVIRONS 22 k"I t 9 TH ST 1 7 T I 48MPI 47 C'S X T P A P 0 R TAT 1,--) N, INC RAI-R0AI 60, 59 a 58- 57' z 30 C 2D X 7 'M ST 74 75 76- z 93 92 91, 36 W. 49 SERC (-)Alz T L 56' ZONING Es 776,2- 7z'-- -.EU Afta DEVELOFWF.: — MAL smote CAUL��-,z --LS�GLE p4nZg 8 Staff Report Applicant: Southern Construction & Development Special Exception Request Petition No. 20-001-SE AERIAL SUBJECT SITE AND ENVIRONS T J y�f �• •! - HW 8TH'ST fil Hill STD _ ''• L" Oil- F-7 q .w,, 7 I �_ �•. �+'�..'•a..�..'°�^r..ra'� "�r"°,"`"_: +�,i�'�'i' !^ 'i� F� :�c.; .,w�..:�•"�t!'r"'.. �.+uci.li 1 � N � � 1 1 ��t �� �` !tom a J _ • � �• a 1� I i �i• 4 ! T; T, a Al t..n„1 g planning �t✓ity of Okeechobee Date: Petition No General Services Department Fee Paid Jurisdiction: 55 S.E.:3�c".+ ventie.. Room 101 1 "� — clearing: 2" bearing: "F I � Okeechobee, Florida 3497�4-2903 Phone. (863) 763-3372, ext. 9820 Publication Dates: Fax: (863) 763-1686 Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 TName of property +31/ ner(s):—H20LD-TNGS LLC— 2 I Owner mailing address: 1534 Walnut Ave, W=.lmette, TL 60091 3 Name of applicant(s) if other than owner Racetrac Petroleum Inc. 4 I Applicant mailing address: 200 Galleria Parkway SE, Suite 900, .Ailanra, GA 30339 F-1 E-mail address: sjones@racetrac.com 5 i Name of contact person state relationship): Samantha Jones, Engineering Project Manager 6 Contact person daytime phone(s): 770-43,1-7500 PROPERTY w(OR AT1,DN Property address/directions to property: 7 - SR 70 & NW IOth Ave, Okeechobee, FL 3,t972 q-15 � Mr , K:'r 4• l Describe current use of property: - i 8 The site is currently vacant, inhabited only by some overgrown vegetation, and trees. Describe improvements on property (numberltype buildings, dwelling units , occupied or vacant, e—tc.- The proposed development includes the construction of an 8,100 SF RaceTrac convenience store with drive thru 9 and 22 fueling p(A �rioA3. The construction of two access driveways from SR 70 are proposed. Source of potable water: 12 DI Method of sewage disposal: 8" PVC gravity sewer toward the west boundary 10 I Approx. acreage: 16.92 acres Is property in a platted subdivision? --- :� Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No {{ 12 A- Is a pending sale of the property subject to this application being granted?_. ---- vDescribe uses on adjoining property to the North- 13 North: Parking lot toward the back of the convenience store East: Driveway to enter property South: Two driveways entering the gas station ,Nest: Driveway to enter property 14 Existing zoning: Heavy Commercial Use Future Land AUse classification: Commercial Use _ 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (_)No ( x )Yes. If yes provide date, petition number and nature of approval. 20-002-SE, convenience store with fuel pumps, May 2020 1m Request is for: (_) Rezone ( x ) Special Exception (_) Variance 17 1 Parcel Identification Number: 2-15-37-35-OA00-00007-0000 (Rev 212019) page 1 of 1 I V REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost -for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11 x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) r25 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 For q iestions relating to Printed name Date f kj4A.k` l yrc Kg�,q Q1 I q /Zo Z0 application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 2/2019) Page 2 of 1 1 Detail by Entity Name Page I of 4 rlorida uerJ rtraert rif SI9w Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Foreign Profit Corporation RACETRAC PETROLEUM INC. Filing information Document Number P14841 FEI/EIN Number 63-0642959 Date Filed 06/15/1987 State GA Status ACTIVE Last Event SHARE EXCHANGE Event Date Filed 02/20/2003 Event Effective Dade NONE ?;inciy�al rlJdrzs 200 GALLERIA PARKWAY SE, SUITE 900 ATLANTA, GA 30339 Changed: 01 /22/2018 yiiaiiiilfl .ar�Cl ass 200 GALLERIA PARKWAY SE, SUITE 900 ATLANTA, GA 30339 Changed: 01 /22/2018 L�cK2s CORPORATE CREATIONS NETWORK INC. 80'1 US HIGHWAY 'l NORTH PALM BEACH, FL 33408 Name Changed: 01/22/2018 Address Changed: 03/13/2020 0fftcer/DireCtor Detail Name & Address Title Director LENKER, MAX 142 CANNONBALL LANE WATERSOUND, FL 32461 http://search.sunbiz.oi-glInquiry/CorporationSearch/Seai-chResu[tDetail?inquirytype=Entity... 3/13/2020 Detail by Entity Name Page 2 of 4 Title Secretary, Director BOLCH, SUSAN BASS 1250 SPYGLASS LANE NAPLES, FL 34102 Title Asst. Secretary, Director DUMBACHER,ROBERT 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title COO MILAM, BILL 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Chairman, Director BOLCH,CARLJR 1250 SPYGLASS LANE NAPLES, FL 34102 Title Director MORAN, ALLISON BOLCH 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Asst. Secretary, Chief Legal Officer AKERS,JOSEPH H 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Director, President, Asst. Secretary MORHOUS, NATALIE BOLCH 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Director, Asst. Secretary ISBILL. MELANIE BOLCH http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/13/2020 Detail by Entity Name Page 3 of 4 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Director BOLCH, JORDAN BASS 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Other, Vice President of Real Estate & Engineering THORNTON, BRIAN 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Other, Vice President of Category Mgt POSENER,ROBBY 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 title CFO. CEO MCBRAYER, JR. MAX E 00 GALLERIA PARKWAY SE ,UITE 900 ,TLAN IA rA 'T-9 LNnnual Rsoorts Report Year Filed Date 20,17 04/-19/2017 2018 04/13/2018 2019 04/26/2019 Document images :4/26I2019 —ANNUAL REPORT View image in PDF format 2411312018 -- ANNUAL REPORT View image in PDF 1-1 _ti22/2018 — Reg. Agent Chance View image in PDF format 11/01/2017 — AMENDED ANNUAL REPORT View image in pDF formal 0409/2017 — ANNUAL REPORT View image in PDF format 04/18/2016 — ANNUAL REPORT View image in PDF format OS/2020,?5 — AMENDED ANNUAL REPORT View image in PDF format 04/07/2015 — ANNUAL REPORT View image in PDF format 06/30/2014 — AMENDED ANNUAL REPORT View image in PDF format 04/10/2014 — ANNUAL REPORT View image in PDF format 02/13/2013 -- ANNUAL R PF,_ORT View image in PDF format 0620/2012 — ANNUAL REPORT View image in PDF format http://search.sunbiz.org/Inquiry/Corporation Search/Search ResultDetal I?inquirytype=Entity... 3/13/2020 Detail by Entity Name Page 4 of 4 01 /16!2012 -ANNUAL REPORT 02/10/201 1 - ANNUAL REPORT 01/20/2010 - ANNUAL REPORT 02/03/2009 - ANNUAL REPORT 04/07i2008 - ANNUAL REPORT 03/05/2007 - ANNUAL REPORT 04/28/2006 - ANNUAL REPORT 04/27/2005 - ANNUAL REPORT 04/29/2004 - ANNUAL REPORT 04/25/2003 -ANNUAL REPORT 02!20/2003 -- Share Exchange 05/10/2002 - ANNUAL REPOR"t 05/18/2001 - ANNUAL REPORT 11/02/2000 - Memer 05!01/2000 - ANNUAL REPORT 04/23/1999 - ANNUAL REPORT 04i30/1998 - ANNUAL REPORT 05/02/1997 - ANNUAL REPORT 04!26/1996 --ANNUAL REPORT 05/11/1995 - 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 fo mat http://search.sunbiz.oi-g/inquiry/CorporationSearch/SearchResuItDetaiI?inquirytype=Entity... 3/13/2020 2019 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P14841 Entity Name: RACETRAC PETROLEUM, INC. Current Principal Place of Business: 200 GALLERIA PARKWAY SE, SUITE 900 ATLANTA, GA 30339 Current Mailing Address: 200 GALLERIA PARKWAY SE, SUITE 900 ATLANTA, GA 30339 US FEI Number: 63-0642959 Name and Address of Current Registered Agent: CORPORATE CREATIONS NETWORK INC. 11380 PROSPERITY FARMS ROAD #221 E PALM BEACH GARDENS, FL 33410 US FILED Apr 26, 2019 Secretary of State 1472350554CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail : Title DIRECTOR Name LENKER, MAX Address 142 CANNONBALL LANE City -State -Zip: WATERSOUND FL 32461 Title ASST. SECRETARY, DIRECTOR Name DUMBACHER,ROBERT Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 Title CHAIRMAN, DIRECTOR Name BOLCH,CARLJR Address 1250 SPYGLASS LANE City -State -Zip: NAPLES FL 34102 Title ASST. SECRETARY, CHIEF LEGAL OFFICER Name AKERS,JOSEPH H Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 Title SECRETARY, DIRECTOR Name BOLCH, SUSAN BASS Address 1250 SPYGLASS LANE City -State -Zip: NAPLES FL 34102 Title COO Name MILAM, BILL Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 Title DIRECTOR Name MORAN, ALLISON BOLCH Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 Title DIRECTOR, PRESIDENT, ASST. SECRETARY Name MORHOUS, NATALIE BOLCH Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 Continues on page 2 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes, and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: JOSEPH H. AKERS ASSISTANT SECRETARY 04/26/2019 Electronic Signature of Signing Officer/Director Detail Date Officer/Director Detail Continuer] Title DIRECTOR, ASST. SECRETARY Name ISBILL, MELANIE BOLCH Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 Title HER, VICE PRESIDENT OF REAL ESTATE & ENGINEERING Name THORNTON. BRIAN Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip ATLANTA GA 30339 Title CFO, CEO Name MCBRAYER, JR, MAX E Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 Title DIRECTOR Name BOLCH,JORDAN BASS Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 Title OTHER, VICE PRESIDENT OF CATEGORY MGT Name POSENER,ROBBY Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: A Per City of Okeechobee Code of Ordinances, Section 90-283 special exception is required for drive-thru service Are there similar uses in the area? No (X) Yes If yes, briefly describe them: g Although the applicant is proposing a convenience store w/ gas service is different from the surrounding uses, drive-thru uses are provided in several existing establishments along the SR10 corridor. If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: C The fuel station with 24 hour convenience store w/ gasoline service is permitted under previous special exception approval. This special exception approval will allow an additional drive-thru service for customers the several convenience store offerings. Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most D similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] Applicants are required by Sec. 713-373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (Rev 2/2019) Page 8 of 11 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an adverse effect on the public interest. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in 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 2/2019) Page 9 of 11 ;FIHOMAS E N G I N E E R I N G G R O U P August 28, 2020 City of Okeechobee General Services Department 55 S.E. 3"1 Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372 Ext. 9820 RE: RaceTrac Market SR-70 & SE 10"' Avenue City of Okeechobee, Florida 34972 Parcel No. 2-15-37-35-OA00-00007-0000 THOMAS ENGINEERING GROUP 6300 NW 31 . AVENUE FORT LAuDERDALE FL 33309 P. 954-202-7000 F: 954-202-7070 REQUEST AND JUSTIFICATION FOR SPECIAL EXCEPTION The applicant is proposing to add a new RaceTrac Gas Station & Convenience Store to the property located at north of the intersection of State Road 70 & SE 10th Avenue. The gross 18.92-acre property is currently a vacant lot. The applicant is contracted to purchase -the properties Parcel No. 2-15-37-35-OAOO-00007-0000 from H2OLDINGS LLC (Property Owner). The applications submitted is proposing a new 8,100 SF retail building with two gas canopies to provide an extended diesel offering to larger trucks traveling along SR 70. The site is currently vacant and zoned Heavy Commercial. This proposed development is currently an allowed usage of the area due to its current zoning classification but will require a special exception for the use of a drive-thru service for the proposed convenience store as per Sec. 90-283(1). STANDARDS FOR GRANTING A SPECOAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] ?. Demonstrate that the proposed location and site are appropriate for the use. As aforementioned, the applicant is proposing to acid a new RaceTrac Gas Station & Convenience Store along the SR 70 corridor. RaceTrac is considered a modern convenience store that provides the public with many products and choices to its consumers. The purposed of this special exception request to allow for drive-thru service for the applicant's convenience store products and offerings. The site is located on SR-70 which is considered to be a major transportation corridor through the City of Okeechobee. The drive-thru service would be appropriate for travelers as well as local traffic who wish to grab something from the RaceTrac Market without needing to get out of their vehicle. The site plan has been carefully designed to ensure drive-thru separation and provide sufficient stacking to maintain access and circulation for all customers whether their intent to use the drive-thru, enter the market, or refuel. The site plan was designed to maintain circulation while maintaining safety of all customer regardless of their transportation means. Wl"HOMAS C N G I N C C R t N G G R O U P 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 use will better serve the public along a major transportation corridor without compromising the appeal of the surrounding area. The proposed use is compatible with adjacent uses as Heavy Commercial is the predominant zoning classification along the SR-70 corridor and can still offer services to the adjacent residential properties. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. Landscape techniques to visually screen the proposed fuel station use from the adjacent uses include a privacy wall running to the west of the property along the proposed development. Additionally,the provision of dense, native plantings that form a continuous buffer at -the Western perimeter. Specifically, a Walters Viburnum hedgerow and a staggered arrangement of Live Oak, Sweetgum, & Red Maple trees, provided at an average of 20 feet on center consistent with Code requirements, serve to buffer views from the neighboring residential uses, while also occasionally integrating existing Sabal Palms to be retained. Along the SR 70, an Inkberry hedgerow, in addition to layers of compact Firebush, Yaupon holly, and muhly grass, among other shrubs & groundcovers, screen the vehicle use area & add visual interest to the frontage & roadway corridor, while Live Oak, Dahoon Holly, Red Maples offer filtered views of the site. To the North & East, continuous Walter's Viburnum hedges extend along the perimeters to isolate the areas of proposed development from the remainder of the parcel that is not to be affected. Existing natural vegetation typical of Mesic Hammock plant communities loosely define the extents of the property. 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. Gas stations with convenience stores often get associated with crime and loitering. RaceTrac is aware of these issues and have devoted to change this idea by incorporating standards in all their new buildings beginning with the building appearance to providing actual security measures throughout the site design. The Applicant has devoted special attention to the building's elevations by incorporating brick and stone elements with dark bronze accents in combination with brand colors to give the building an attractive modern aesthetic above the typical gas station elevations to provide an inviting appearance to all travelers. Once inside the building, the open floor plan together with the location of the cash wrap will be able to give the attendant a clear visual throughout the store. The idea is to create an environment where customer activity and open concept will deter crime through natural surveillance. In addition to natural surveillance techniques present throughout the site, RaceTrac is equipped with a 24- hour surveillance system both inside and outside of their stores. In addition, all RaceTrac t 'v% i i. �. i•:i ;4 E c i� 6 "- iY i .i t:. 1. i i ='; ::a i'v F: 4`r v - L A N L) i L A 114 iN I I' L.4 N D www.THomAs ENG IN EER I NrGRO UP. CO 1"IHOMAS E N G I NEERING GROUP facilities are company owned and operated so that the maintenance of the property and the quality of the service will be consistently at the highest industry standards. If approved, the drive-thru will provide a service that will keep the site in operation and provide a "natural surveillance" during the later hours of operation when this sort activity often occurs. 5. Demonstrate how the utilities and other service requirements of the use can be met. The applicant will be working with the Okeechobee Utility Authority for water and sewer services and with South Florida Water Management District forthedrainage of the property. All utility services will be designed and constructed according to the standards and approval of the corresponding jurisdictional authority. Based on preliminary conversations, there are a means of providing -these services to the applicant. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. The site has been designed to provide a long drive-thru area that provides sufficient stacking for the drive-thru use so that the remainder of the site will not be affected when the drive-thru begins to back up. Additionally, the Site Plan proposes 40' wide drive aisles between the parking and fuel areas should either the drive-thru, convenience store, or fuel areas back up there would be enough space to maintain circulation. The Site Plan also provides a separate parking and fuel area for the larger trucks. The reason for this is to separate the larger diesel vehicles from circulating with the everyday consumers. Diesel is also offered in the standard fuel pumps so that light/medium trucks may still fuel in this area without the need to go to the diesel canopy. The applicant is currently working with FDOT to see what off -site improvements will be required to provide a signalized left turn lane for the east bound travelers along SR 70. We will continue working with FDOT throughout the permitting process. FINDINGS REQUIRED FOR GRANITING A SPECIAL EXCEPTION [Sec, 70-373(c]o 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. The requested special exception is consistent with the Goals, Objectives and Policies of the Comprehensive Plan in that the RaceTrac Market use will better serve the public along a major transportation corridor without compromising the appeal of the surrounding area. Additionally, as a vacant and underutilized property, the project will develop an in -fill area with a project that is compatible with other heavy commercial uses along the SR 70 corridor. 2. The use is specifically authorized as a special exception use in the zoning district - i- ;'VJECT MAIVA(. L..aiv ;�N,VIM'� �_: iVCSL4PE !-\Fs;lN1-i'c B"IHOMAS E N G i N r C R I N G G R O U P As per Sec. 90-283 (1), this proposed development (convenience store w/ drive-tru service and with fueling positions) is an allowed use within Heavy Commercial zoned areas with a special exception approvals. 3. The use will not have an adverse effect on the public interest. The proposed RaceTrac development will not have an adverse effect on the public interest as the RaceTrac is intendent to offer gasoline services as well as extend food and beverage offerings to both nearby residents as well as pass by travelers and the drive-thru service will benefit the public to make RaceTrac's offerings more accessible. 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 proposed use is compatible with adjacent uses as Heavy Commercial is the predominant zoning classification along the SR-70 corridor and approval of this special exception will maintain land use consistency in this area and additionally be able to provide drive-thru service of RaceTrac's offerings to the public. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The proposed RaceTrac should not adversely affect property values or living conditions. On the contrary, the development of this property will promote infill to currently vacant surrounding properties that are zoned for commercial uses. Commercial amenities and services help drive residential interest. More specifically, food and gasoline services help travelers stop and rest to recharge after hours of driving or drive-thru service that can also positively affect nearby businesses and other services offered in this area. 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 development is far exceeding any buffer and setback requirements form the adjacent properties. Additionally, the applicant will be proposing a privacy wall along the western boundary to help screen the adjacent residential properties from the daily operations of the RaceTrac. 7. The use will not create a density pattern that will overburden public facilities such cis schools, streets, and utility services. The primary traffic that the proposed RaceTrac development is intended to capture are nearby residents as well as pass -by commuters/travelers, therefore the proposed should not create an overburden to public facilities such as schools, streets, and utility services. I l- 6- i--' PI O J E C T M A N A G E R 5 0 PLAN N ING v • • MHOMAS E N G I N C E R I N G G R O U P B. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use should not create traffic congestion, flooding, or drainage problems, or otherwise affect public safety. We are currently working with FDOT on the access to the property and will continue to do so to provide any traffic measures as required to provide a satisfactory level of service as well as a safe operation of traffic to and from the RaceTrac. We will also continue to work with the water management district to design the site according to all applicable rules and regulations so that there are no adverse impacts to public safety. Should you have any questions, please hesitate to contact me by phone or email at kbetancourt@thomase:.com. Sincerely, Kevin SetanCOUrt, P.E. Project Engineer TF3i91RiAS ENGINEERING GROUP, LLC PROJECT MANAGERS - LAND PLANNING LANDSCAPE ARcNiT-Ecrs -a • .. . . 2 - • u • 6J I"IHOMAS E N G I N E E R I N G G R O U P August 28, 2020 City of Okeechobee General Services Department 55 S.E. 3'd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372 Ext. 9820 RE: RaceTrac Market SR-70 & SE 10" Avenue City of Okeechobee, Florida 34972 Parcel No. 2-15-37-35-OA00-00007-0000 THOMAS ENGINEERING GROUP 6300 NW 3 1 ' AVENUE FORT LAUDERDALE. FL 33309 P. 954-202-7000 F: 954-202-7070 Thomas Engineering Group, on behalf of RaceTrac Petroleum Inc. (Applicant), is pleased to submit this letter of intent for the development of this project. The project is located north of the intersection of State Road 70 & SE 10" Avenue. The applicant is contracted to purchase the property identified as Parcel No. 2-15-37-35-OA00-00007-0000 from F120LDINGS LLC (Property Owner). The gross 18.92-acre property is currently a vacant lot and zoned as Heavy Commercial. This application is to revise the previously approved site plan that was approved on May 215L 2020. The previous approval was for a RaceTrac Gas Station & Convenience Store as a 5,411 sf retail building with 20 fuel positions. Under this application, the applicant is proposing a new prototype that will be the first of its kind for RaceTrac Petroleum. The new convenience store will be a 8,100 SF retail building with a proposed drive-thru offering for the in-store RaceTrac market products and a separate gas canopy to provide an extended diesel offering to larger trucks traveling along SR 70. The proposed Site Plan includes the three structures along with associated parking exceeding zoning node requirements; access driveways; landscaping; utilities; and drainage management facilities to support the operation of the RaceTrac Market. The applicant has interest in purchasing the gross parcel area, however the proposed development will encompass a net development area of approximately 7.11 acres. There are no current plans for the remainder of the property at the time of this application. This site has an approved special exception for the gasoline use approved with the previous site plan, but the applicant is requesting the removal of the previously set condition that would not allow for truck overnight parking. Additionally, the proposed drive-thru will require an additional special exception for the drive-thru use. The proposed development enclosed has been developed in accordance with the City of Okeechobee codes for the RaceTrac Gas Station & Convenience Store project. Should you have any questions, please do not hesitate to contact us with any questions. Sinceel""'"" " Kevin Betancourt, P. . Project Engineer THOMAS ENGINEERING GROUP, LLC AZ 111111IIIII NIII iliil 11111 Hill 111111111111111111111 11111 Prepared by and return to: Leonard Rutland, Jr., Esquire 759 South Federal Highway Suite 303 Stuart, FL 34994 File Number: 10837.24 'pace Above This Line For Recording Dal Warranty Deed F-T_LE "Ut"1 2fJt=t4t�rJ46,<s2 C.IFi a 1{ Cva:)!T.2c F G 1999 SHARON ROB£RTSONr CLERY. OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 03/15/2004 12-51:27 F'M RECORDING FEES 10.511 DEED DOC 3r3513.00 RECORDED BY G Meubourn This Warranty Deed made this 10th day of March, 2004 between Harbour Bay Properties, Inc., a Florida corporation, whose post office address is c/o Theodore G. Glasrud, 3634 SE Fairway East, S rt, FL 34997, grantor, and H201dings, LLC, a Delaware limited liability company whose post office address is c/o antee: GilAt6 kAAct<t- , P.O. (Nox 3)-o�S3 , PALM 6FiE�--K �kiipG.�i, F-` 3 34-ao (whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida to -wit: SEE ATTACHED EXHIBIT "A" Subject to taxes for 2004 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. 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 grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful 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, grantor has hereunto set grantor's hand and seal the day and year first above written - Signed, sealed and delivered in our presence: (Afy, 'A 13 . Witness Name: LCAM our Bay operties, Inc. eo ore a nt (Corporate Seal) State of Florida County of Martin The foregoing instrument was acknowledged before me this 1 Oth day of March, 2004 by Theodore G. Glasrud, President of Harbour Bay Properties, Inc., on behalf of the corporation. He personally known to me or [Xj has produced a driver's license as identification. [Notary Seal] Notary P lic rtntea Name: LEONARD RUTLAND JR. Notary Public- State of fTo_r_1da__ My Connnissiol WCOMMia¢ion EXnireR A,lg 15 2004 Commission 4CC92k3B DoubleTimev . , , r Fund File No.: 57-04-61 Exhibit A 0 R P. I ti 1:1 CI 1 2 5 P G 21J 1:1 r..)f Parcel 1• The West'/2 of the Southwest''/4 of the Southeast''/• of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, tying North of the North right-of-way line of State Road No. 70; Except the North 50 feet of the West %2 of the West 'h of the Southwest VA of the Southeast %. for road purposes; also Except the following described property conveyed to the State of Florida: A parcel of land in the West %2 of the Southwest %. of the Southeast '/. of Section 15, Township 37 South, Range 35 East, Being more particularly described as follows: Commence at the South % corner of said Section 15, thence run Northerly on the '/4 section line a distance of 36.95 feet to the centerline of State Road 70; thence. North 80' 54' 49" East, on said centerline a distance of 347,10 feet; thence Northerly at 90° to said centerline a distance of 40 feet to the Point of Beginning; thence continue Northerly a distance of 17 feet; thence Easterly at 90° 'a distance of 20 feet; thence Southerly at 90° a distance of 17 feet: thence Westerly at 90' a distance of 20 feet to the Point of Beginning. Parcel Id. Number: R2-15-37-35-OA00-00007-0000 ' Parcel 2: Beginning at the Southwest corner of the East'/2 of the Southwest'/. of the Southeast'J. of Sectior_ 15, Township 37 South, Range 35 East and tun North along the Wc5t j boundary a distence of 594 feet, then run East a distance of 186.3 feet; then run South a i distance of 594 feet to the South Boundary of Section 15; then run West a distance of 186.3 feet to the POINT OF BEGINNING. Less and Except the right-of-way for State i Road 70. I Parcel Id. Number: R2-15-37-35-OA00-00008-0000 #ok March 12, 2020 TO: All applicable Governmental Permitting Agencies City of Okeechobee County of Okeechobee, Florida State of Florida Consent for: H2OLDINGS LLC 1534 WALNUT AVE, WILMETTE, IL 600910000 Parcel Number: 2-15-37-35-OAOO-00007-0000 RE: Authorization of Agent for RaceTrac Petroleum, Inc. As related to RaceTrac - Okeechobee EDO This will serve as confirmation that the undersigned, H20LDINGS. LLC, the current property owner of the property located at the NE corner of the intersection of SR 70 and SE 10rh Avenue, City of Okeechobee, identified by parcel no. 2-15-37-35-OA00-00007-0000, hereby appoints RaceTrac Petroleum, Inc., to act as its authorized agent concerning all city, county, state, and government agency permits and applications, but only to the extent that such permits and applications pertain to the proposed RaceTrac Market & Gas Station development at the Property (see attached for contracted property area). 8 � �'Ze� (Signature) (Print Name, Title) STATE OF ) ss. COUNTY OF ` ) The foregoing instrument was acknowledged before me this i1 day of t-JA rZ 04 . 2020, i0;4,aLJ) :N ftgck-L_ . He/she © is personally known tome or 0 has produced a vE e,' s = � as identification. Print Name NOTARY PUB My Commission Expires: � t _ VALDEMARAS RAIZYS Official Seal Notary Public - State of Illinois My CGUTIMISSion Expires May 2, 2023 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): H20LDING LLc; Donald J Hackl Mailing Address: 1534 Walnut Ave., Wilmette, IL 60091 Home Telephone: Work: Cell: Property Address: SR 70 & NW 10th Avenue, Okeechobee, FL 34972 Parcel ID Number: 2-15-37-35-OA00-00007-0000 Name of Applicant: Race Trac Petroleum Inc. Home Telephone: Work: 770-431-7600 Cell: 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 place 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 b the Planning Department. .r, IN WITNESS W OF TH ERSIGNED HAVE SET THEIR HAND AND SEALS THIS !' DAY OF OWNER W SS uv OWNER WITNES 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 fort purpose stated er 'n. Sworn and subscribed this /M day of U .1 % `;! 20 20. J Notary Public: 7.4 SEAL `,0pN1'"�"�� �.�� �'iA E ii'yh Commission Expi es: G Q1�•.....•..••��+ W 01 : COIMIMISSION � EXp1RES %�� �d►� ;10/14/2021.••• V (Rev 2/2019) Page 5 of 11 City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): H20LDING LLc; Donald J Rackl Mailing Address: 1534 walnut Ave., Wilmette, IL 60091 Home Telephone: Work: Cell: Property Address: SR 70 & NW 1 Oth Avenue, Okeechobee, FL 34972 Parcel ID Number: 2-15-37-35-OA00-00007-0000 Name of Applicant: Race Trac Petroleum Inc. Home Telephone: Work: 770-431-7600 Cell: 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 place 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_%.! DAY OF k + 02�. N YI -- -- WITNESS OWNERWITNESS 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 2; day of 3Adu4" 20 20 YALDEMARAS RAIZYS Notary Public: L�! L�Cf�uh SEAL pfficiat Seal Commission Expires: 5 2-2-3 . Notary Public . State of Illinois Tres Ma 2, 2023 (Rev 2/2019) Page 5 of I I 21537350AD0000030000 BLUE SPRINGS HOLDINGS LLC 10860 SW 25TH ST 2153735OA00000080000 H20LDINGSLLC %CRAIG HACKL 2153735OA0000008AOOO WRJSALES INC 600PACKARD CT 2153735OA00000090000 GRIGSBY WILLIAM RJR 10282 PAYNE RD 2153735OA0000009AOOG GRIGSBY WILLIAM R JR 10282 PAYNE RD 2223735OA0000004AOOO CENTAURUS OASIS TWO LLC %ALEX WOLAK 2223735OA00000090000 UNITED STATES POSTAL SERVICE 4000 DEK ALB TECNOLOGY PARKWAY 2223735OA00000110000 NEXT TURN OKEECHOBEE LLC 1943 RIDGEMONT LN 2223735OA000O011AO00 OKEECHOBEE YF LLC 6585 MEGHAN ROSE WAY 2223735OA0000013AOOO ROYALS 0 K LUNCH INC 324 SW 16TH ST 3153735021A000OOOOIO BROUGHTON LAWRENCE R 101 NE 8TH AVE 3153735021A000000020 HADID ISAAC J 103 NE 8TH AVE 3153735021A000000030 BOOTH JUSTIN 17099 NW 144TH AVE 3153735021A000000040 LUCKEY CHRISTOPHER R & CYNTHIA 107 NE 8TH AVE 3153735021A000000050 PIERCE GEORGE P & ELIZABETH J 1101 TEMPLIN AVE 3153735021A000000060 MARSHALL DOUGLAS R SR & BEVERL 14088 SW 144TH PARKWAY 3153735021A000000070 JOHNSON LORAINE K 113 NE 8TH AVE 3153735021A000000080 BREWER MARIAN L 201 NE 8TH AVE 3153735021A000000090 RAYNOR CONSTANCE K 203 NE 8TH AVE 3153735021A000OOOOEO RIVER RUN RESORT HOA UNKNOWN 3153735021A000OOOOWO RIVER RUN RESORT HOA UNKNOWN 3153735021A000OODIOO MECHEL PETER 172 CEDAR AVE 3153735021A000000120 VERROCHI RICHARD P 33 PRINCETON ST 3153735021A000000130 HOWARD JAMES D 2248 KY 556 3153735021A000000140 BARRETT ELVIS A 208 NE 17TH AVE 31S3735021A000000150 WALDRON BETTY M & WALDRON CLIF 301 NE 8TH AVE 3153735021A000000160 HANNAN EDWARD & KATHRYN 2443 9/10 SIDE RD RR#1 3153735021A000000170 MINTON FREDDIE L & MINTON RUBY 302 NE 8TH AVENUE 3153735021A000000180 ARRIAGA FERMIN 2302 SW 3RD AVE 3153735021A000000190 DICKERHOOF PEDIE DUKE 212 NE 8TH AVE 3153735021A000000210 URDANETA JOSE A 210 NE 8TH AVE 3153735021A000000220 CALDERON ASHLEY RYAN 30290 JOS;E BILLIE HWY 3153735021A000000240 GAINER FOREST R JR 142 SW 72ND TERRACE 3153735021A000000250 MADD ASSETS LLC 1210 SW 2ND AVE 3153735021A000000260 SHANNON ROBERT LYNN 200 NE 8TH AVE 3153735021A000000270 BRUMMETT EARL VERNON JR 1326 JORDAN LOOP 3153735021A000000280 MAMMARELLI KELLY B 114 NE 8TH AVENUE 3153735021A000000290 MITCHELL SHERRY 112 NE 8TH AVE 3153735021A000000310 COSSIO EDMUNDO R 455 BACOIA POINT RD 3153735021A000000320 CANCINO JOSE LUIS 106 NE 8TH AVE 3153735021A000000330 MAMMARELLI LISA MARIE 104 NE 8TH AVE 3153735021A000000340 MCGEE JAMES WAYNE 16060 EAST DERBY DRIVE 3153735021A000000350 SUAREZ PRUDENCIO 100 NE 8TH AVE 3153735021B000000050 HELMS ROSEMARY A 9130 FLUSH RD ADDRESS 2.._ DAVIE FL 1534 WALNUTAVENUE WILMETTE IL SAFETY HARBOR FL SEBRING FL SEBRING FL 16139 BISCAYNE BLVD AVENTURA FL BUILDING 500 SUITE 550 ATLANTA GA DECATUR GA CLARENCE NY BELLE GLADE FL OKEECHOBEE FL OKEECHOBEE FL OKEECHOBEE FL OKEECHOBEE FL BARDSTOWN KY OKEECHOBEE FL OKEECHOBEE FL OKEECHOBEE FL OKEECHOBEE FL RICHMOND HILL ON L4C2A8 NEW LOWELL, ONTARIO LOM 1NO 33324-5606 60091 34695 33875-9457 33875-9457 33160-4337 30340 30033-4068 14051 33430-2824 34972-4508 34972-4508 34972-7824 34972 40004-2545 34974 34972-4508 34972 34972-4506 BOSTON MA 02128-1628 SANDY HOOK KY 41171-8865 OKEECHOBEE FL 34972 OKEECHOBEE FL 34972-4513 OKEECHOBEE FL 34972 OKEECHOBEE FL 34974 OKEECHOBEE FL 34972-4504 OKEECHOBEE FL 34972-4504 CLEWISTON FL 33440-9502 OKEECHOBEE FL 34974 OKEECHOBEE FL 34974-5222 OKEECHOBEE FL 34972-4504 OIEECHOBEE FL 34974-0275 OKEECHOBEE FL 34972 OKEECHOBEE FL 34974 PAHOKEE FL 33476-2401 OKEECHOBEE FL 34972 OKEECHOBEE FL 34972-4505 LOXAHATCHEE FL 33470 OKEECHOBEE FL 34972-0003 SAINT GEORGE KS 66535-9733 3153735021B000000060 MASTALER TERRELL 401 NE 8TH AVE OKEECHOBEE FL 34972 3153735021B000000070 MOSHIER ROBERT R 309 NE 8TH AVE OKEECHOBEE FL 34972 3153735021BOOOOOOOA0 RIVER RUN RESORT HOA UNKNOWN 3153735021B000000120 MERRY CHARLIE TJR & DIANE H 404 NE 8TH AVE OKEECHOBEE FL 34972 3153735021B000000130 CANCINO MARIA ELENA 310 NE 8TH AVE OKEECHOBEE FL 34972-4514 3153735021B000000140 PHILLIPS RACHELLE D 13163 MACDILL CT EL PASO TX 79908 3153735021B000000150 THOMAS TIMOTHY LEE 809 NE 5TH STREET OKEECHOBEE FL 34974 3153735021B000000170 BOOTH JUDY ANN 903 NE 5TH ST OKEECHOBEE FL 34972 3153735021B000000180 CLAY MARTHA ANN 412 SE 6TH ST OKEECHOBEE FL 34974 3153735021B000000190 NAVE MICHAEL & CLEM-NAVE SARA 2304 NORTHGATE BLVD AUBURN IN 46706-1015 3153735021B000000210 NEAL LAVON BOWMAN 1001 NE 5TH STREET OKEECHOBEE FL 34972 3153735021B000000220 HOUSER LARRY D 2190 SE 25TH DR OKEECHOBEE FL 34974-6475 3153735021B000000240 GORBY JAMES L & ALMA ROSE 1009 NE 5TH STREET OKEECHOBEE FL 34972 3153735021B000000260 SCHOONMAKER DENNIS D & BRENDA P 0 BOX 2141 OKEECHOBEE FL 34973 3153735021B000000360 MILLER PATRICIA A 509 NE 10TH AVE OKEECHOBEE FL 34972-4523 3153735021B000000380 JOHNSON TONY R & LINDA G 486 TEAYS LN HURRICANE WV 25526 3153735021B000000490 MURDORF MABEL SILLS . 891 NE 5TH ST OKEECHOBEE FL 34972-4519 p Y m���kRia��n I ; 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S r'IIs �'$,� � .3 I r �. � •"f.. 33 1u'I qqp 1 aRlOrtmw 3 �I -. 1 [ � v I - i�Yl c� Sn~MREa aawwacutt.Ew(/l4va lA - J A�91:�19Y 2--J6--TAbV S b3L119 f Ii)J/ 3W7AVM i0 /N:VN WORM OF THESE 19 OF S&WH I5-37J5 r RIVER PUN RESORT PLAT BOOK 6, PAiGE 18 r- G ,wrwroKrnc / F ` ` ' (00"14'151W k T -� W Iro 4411 O c `l_,• i q vC�'!•(�q po L ia{ 0. wt � 1~ a i; r*13 Y � . .1 Y `L-3 L-2 - S89*4926'W 54.75' K� • "Z Cl) Cl7 - S14 �9C rA 4 i00'14`15T 685.5 j Y " LINFLA T / ED LANDS •t 1 a'b hl OR SF�'Pn :Uu ��"3�•cn a +�i�n CH- g I 'LAwn , QMxigy �a s�5ia rn fit A! r3 ml � . �JMW bt I TT7 .... . -- .leUt M.s4/l.Odv Sctc•St WOW Aoag 3Sb►t.BBS y ONAW19-V d01NIOd dO Ilt 3S3NL JOW7153N -fy $ SSYID M.S1.1{.OLW � / AJDlB �s p oL g �II•� RRM min MWINS IL NOV I A'I89 NIWN �Rii I m - �Q L8'KS axes AOS Q half — rO;om RUH7S o��A� j ,se•e�z � I mom Aiut.00s P � EAST LINE O THESE 7H Of SECTION I"73,i ,—I — ___ S00-20175'E 267Z 12' WA TSQIV, KILL ANE "SURVEYING AN MAPP//VG, INC. 2240 NE DI,JE I IIGHWAY - JENSEN BF-4 CI1 FLORIDA 34957 PHONE 772-334-0868 - EMAIL: WA TSONKILLANE@GMAIL.COM LICENSED BUSINESS N0. 824f PREPARED FOR.' R/ACETRAC PETROLEUM, INC. 200 GALL ERIA PARKIN AY SE SUITE 900 A TLANT A, GEORGIA 30339 — REV75roMs DWG c7xc 107Pi8 if•6f8 RTCLNME_- NEW7IREDOC&�� — DM( CDW tbW SS1020 BLOOIXA7(MALOCA7E5 OF71 COW 1264= CDDEDTRrDEW0AEw0N1RE5 fJ NMiE R / DEVECMMENl SITE �.� .,. .� Y:�r •- .. NE LOTH ST*a•1 R .. tr,C a T7�5,"'lT�i""'��i. r' -. �+!w�37,. �- • ..r.. ' �_, .'`.s }. 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'; ! �; A ,iF, 'w l;�b •?.i� '1 i.Lh �s'7k ',rye, iltrMt ��jli�i� w • �t ��`, ��y �;;�' 6 -iti �F �:/�►,f�,� dq^�a►t• .y ,� �wi,� iZri j . w NE 6Tli ST _� �_�• ''{)i, rim ,,'¢1 �! ,ii'" c` 'A/i�. • �. •Rr ' : `� T• 7CJl. + i, �[� • ;. � «I: s�.r 11';�����`�S: a�1,/V�_r-. , r ._ yy�^' � j"� � �`.�•fc;`�e4'A�3i��*.,, f ��•x.:�,yl'��., Am 1&�-NE 5TH ST i — r L r ` r� �w �.._ ! _ 1 mot— — �. j.. .. ` t "F'tP -�� �%i ��;���� �' ' . � Q ..'.: fa.y��;°4s� ` t` r .� �,••,pr : � -`� r� • NE 5TH ST --r-� a —NE 4TH ST = `� sue'° ;c t00 ~ ':' �, ri •+' d� tr �u+ l Lu r- O -NE 3RD ST,:—�.-�yFo rl - s.. " • SUBJECT PARCEL � ���'�4�� • y.'' f� •r`�`''1r� � i � f''�R �'t `_t �,� ri f' of e Q. �''iR•-,►w. - .ai����'.. � rc 'u. f�•a: / � �' �; , a ,�ss fit, :� 2 r . a 'r��r.r. pit" — I .ram �"� P -'I � � �. , • +,; +; � �Il 4 a�.�;;�, SR 70 E --t— J1 sir �l �. W. ' , • c))g"i SL}� fr�rg"f W ytr , r' * f v i':7 i a — JV '' . � v. � 1 � � r�sjf. , . i•�..r C( � dl 7R 1w� � �. �, I .._};¢ � � ,r•x (fit , A 5,�+� '!� �'" .tt_'ri:all�r%� -I ilk: ��' �. 1=—�r""' � ,I '� �l�i.' ���'► �, t�j m•a —*r .,•1j7N,q�^ *� �� .�Y I `�' *y ,�kr+-,� ��: �a• w 1A1��.. . / �,�: �=:-k...ri R$i�: � . � .' J. r„�. r' s . F•�s � N►�`„ � �� `a�� �. ��e ST i. '�—.+c• (: � S L,rr►' {' + K�IIC�� ; t , #sY,{ „+p':' ,�1.�� •�r � 1►� �y I K `�13,��-'_5��: �•••3 I '� •�' J' li.'S I �I �'�t�":l ' - s�..�rr 1� s .7 �.� •�. *.� T��:I� THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND HE OKEECHOBEE COUNTY S NOT ASSUME RESPONSIBI�TYER'S OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE N OFFICE DOE W+E FOR ERRORS OR OMMISIONS CONTAINED HEREON S 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 r 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 Name of Applicant (printed or typed) State of Florida County of Okeechobee day of Date Sworn to and subscribed before me this day of Personally known to me /, jj'// �,_< or produced as idsraMeation and did not take an oath. Notary Public, St to of Florida 11►I IIIII II/I Seal: �: o 8�6;4 s MY C1: COMMISSION n EXPIRES •� 00, % 10/14/2021;'�(~�� /11j1/IN/111111N1 (Rev 2/2019) Page 3 of I I Ih-St Q NE 13th-5tr f NE 9�St--`- — •- — --- � 'J'� • - � i..YT.M---_�.ress Quarters- E r •NW 7th•_t . hE�7th-St ••�- . ' . •.m -,•N .� 1 LT -6t StNE;6th•St NE>15/th St— NEToth-St lift rk.JW �rd►St L rA�_ y #' ID ml MT Ob -Okeechobee. r` M 1 � • t 0 r� � p SE 2rtc� S wr '1, 4 -'� 'j]' -'• I i 'v '14 '-A •t+' rig t•• i ••, 3• ! �. n '4•', ,�' th Q ti 2 ,.t'1' c. .• 1 k' - i " rr �' �r� w �F, rn-- rQ. mi • wT �E 51h to thTu-�>' 4�- + _ J+ r;+ t• .OL 7• ry . * •. 1 �. ?' �# Et '°'�-•''.; — �.i r SE 6th 8� w' —S 69h'' t u,r ,. .�._ _ �;.. `, f d ,M Q s _ _ D w l cCC) 6 CD '> �.SE 7th St,uj r,—SE 8th-St, - C2 ,Mtn st .:�r �. �t>i• _A�!'►! � Q. ' 3000 ft �: 9/8/2020 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Bandi, CFA Parcel: « 2-15-37-35-OA00-00007-0000 (32896) Owner & Property Info Result: 23 of24 H2OLDINGS LLC Owner %DONALD J HACKL 1534 WALNUT AVE WILMETTE, IL 60091 Site 975 NE PARK ST, OKEECHOBEE UNPLATTED LANDS OF THE CITY W1/2 OF SW 1/4 Description` OF SE 1/4 N OF RD 70 LESS R/W LESS & EXCEPT A PARCEL OF LAND DESC IN ORB 6 PG 141 18.98 ACRES 15 37S 35E _ Area 18.917 AC S/T/R 15-37-35 Use Code** NON AG ACREAGE Tax District 50 (9900) *The Description above is not to be used as the Legal Description for this parcel in any legal transaction. **The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. Property & Assessment Values 2019 Certified Values 2020 Working Values Mkt Land $1,109,969 Mkt Land $1,219,103 Ag Land $0 Ag Land $0 Building $0 Building $0 XFOB $0 XFOB $0 Just $1,109,969 Just $1,219,103 Class $0 Class $0 Appraised $1,109,969 Appraised $1,219,103 SOH Cap [?] $0 SOH/10% $0 Assessed $1,109,969 Cap [?] Assessed $1,219,103 Exempt $0 county:$1,109,969 Exempt $0 Total city:$1,109,969 county:$1,219,103 Taxable other: $1,109,969 Total city:$1,219,103 school:$1,109,969 Taxable other: $1,219,103 school: $1,219,103 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. W Sales History 2020 Working Values updated: 9/3/2020 Aerial Viewer Pictometery Google Maps Sale Date Sale Price Book/Page Deed V/1 Quality (Codes) RCode 3/10/2004 $550,000 0525/1999 WD V U 02 (Multi -Parcel Sale) - show 10/2/1998 $170,000 0412/1349 WD V U 03 9/1/1992 $235,000 0337/0811 WD V U 03 03 11/1/1990 $0 0321/1260 CT V U 12/1/1980 $150,000 0238/1030 WD V Q 2/1/1977 $100,000 0195/0035 WD V Q 9/21/1976 $0 0189/0357 WD V U 03 1/1/1972 $01 0134/0013 WD V U 03 Building Characteristics Bldg Sketch Description* Year Blt Base SF Actual SFBldg Value NONE www.okeechobeepa.com/gis/ 1/2 1/2020 Okeechobee County Property Appraiser Extra Features & Out Buildings (Codes) Code Description Year Blt Value Units Dims Condition (% Good) NONE Ir Land Breakdown - Code Description Units Adjustments Eff 067EPA E CRK-CTY200 (MKT) 60,000.000 SF (1.377 AC) 1.0000/1.0000 1.0000/.6500 __ -.__r __ .6500/.6500 067EPA E CRK-CTY 200 (MKT) 75,800.000 SF (1.740 AC) 1.0000/1.0000 1.0000/.7500 .7500/.7500 067EPB E CRK-CTY 201 (MKT) 130,680.000 SF (3.000 AC) 1.0000/1.0000 1.0000/.4875 —. .4875/.4875 067EPC E CRK-CTY 501/SS 557,568.000 SF (12.800 1.0000/1.0000 1.0000/.4875 (MKT) AC) A875/.4875 Search Result: 23 of 24 ® Okeechobee County Property Appraiser I Mickey L. Bandi, CFA I Okeechobee, Florida 1863-763-4422 Rate Land Value $3 /SF $204,750 $4 /SF $298,462 $2 /SF $224,116 $1 /SF $491,775 by: GrizzlyLogic.com www.okeechobeepa.com/gis/ 2/2 oF-ok U. 0 Staff Report Special Exception Request Parcel I D : 2-15-37-35-OA00-00007-0000 Description: Drive Through Service Prepared for: The City of Okeechobee Applicant: RaceTrac Petroleum Inc Petition No.: 20-004-SE LaKue I aL - • - '' 1375 Jackson Street # 206 Fort Myers, FL 33901, Staff Report Applicant: RaceTrac Petroleum, Inc Drive Through Service Special Exception Request Petition: 20-004-SE General Information RaceTrac Petroleum Inc Applicant 200 Galleria Pkwy SE, Suite 900 Atlanta, GA 30339 H2oldings LLC Owner 1534 Walnut Ave Wilmette, IL 60091 Site Address SR 70 (975 NE Park St) Parcel Identification 2-15-37-35-OA00-00007-0000 Contact Person Samantha Jones, Engineering Project Manager Contact Phone Number 770.431.7600 Contact Email Address sjones@racetrac.com For the legal description of the project or other information regarding this application, please refer to the application submittal package which is available by request at City Hall and is posted on the City's website prior to the advertised public meeting at hftps://www.citvofokeechobee.com/agendas.htmi Future Land Use, Zoning and Existing Use Existing Proposed Future Land Use Commercial Commercial Zoning District Heavy Commercial (CHV) Heavy Commercial (CHV) Use of Property Vacant RaceTrac Gas Station and Convenience Store Acreage 18.86 18.86 BoardItem Before the of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment is an application for a special exception for drive through service at a RaceTrac gas station and convenience store in the heavy commercial zoning district on the 18.86 acre subject parcel. This site plan was previously approved by the Technical Review Committee and the Board of Adjustment previously approved a special exception for a convenience store with fuel pumps for this same project in May of this year. Since that Board of Adjustment meeting in May, the Applicant has made substantial revisions to the site plan including: • Larger development area footprint on the parcel. • Drive through service added • The floor area convenience store has been increased from 5,411 to 8,100 square feet. • One additional semi -truck fueling station i ,h 1 1 planninca Staff Report Applicant: RaceTrac Petroleum, Inc Drive Through Service Special Exception Request Petition: 20-004-SE • Truck scale added The Applicant is planning to purchase the subject property and construct the RaceTrac gas station and convenience store on the southwest 7.11 acres of the subject parcel (shown as parcel 1 on the survey). At this time, the Applicant is not proposing any development of the remaining area of Parcel 1 and those areas will continue to be vacant commercial property to the north and east of the RaceTrac development site until additional development is proposed. It is important to note that, despite the fact that the currently proposed development area is only a portion of the subject property, the applicant has applied for this special exception with a legal description that encompasses all of the subject property (parcel 1). If approved as requested, this special exception to allow drive through service will apply to the entire 18.86 acres of parcel 1 and it is conceivable that future development of the parcel could include drive through service without requesting another special exception for drive through service. Future Land Use, Zoning, and Existing Use on Surrounding Properties Future Land Use Single Family Residential North Zoning District Residential Mobile Home (RMH) Existing Use River Run Resort Mobile Home Park Future Land Use Commercial East Zoning District Heavy Commercial (CHV) Existing Use Vacant Future Land Use Commercial South Zoning District Heavy Commercial (CHV) Existing Use Zaxby's Restaurant, Family Dollar Store, US Post Office Future Land Use Single Family Residential West Zoning District Residential Mobile Home (RSF-1) Existing Use Manufactured Home Sales Center & River Run Resort Mobile Home Park Consistency with . Development 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 information 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. Deficiencies are highlighted. (1) Demonstrate that the proposed location and site are appropriate for the use r 2 �.�Id(llllflU Staff Report Applicant: RaceTrac Petroleum, Inc Drive Through Service Special Exception Request Petition: 20-004-SE APPLICANT RESPONSE: As aforementioned, the applicant is proposing to add a new RaceTrac Gas Station & Convenience Store along the SR 70 corridor. RaceTrac is considered a modern convenience store that provides the public with many products and choices to its consumers. The purposed of this special exception request to allow for drive-thru service for the applicant's convenience store products and offerings. The site is located on SR-70 which is considered to be a major transportation corridor through the City of Okeechobee. The drive-thru service would be appropriate for travelers as well as local traffic who wish to grab something from the RaceTrac Market without needing to get out of their vehicle. The site plan has been carefully designed to ensure drive- thru separation and provide sufficient stacking to maintain access and circulation for all customers whether their intent to use the drive-thru, enter the market, or refuel. The site plan was designed to maintain circulation while maintaining safety of all customer regardless of their transportation means. STAFF COMMENTS: Parcel 1 has approximately 674 feet of frontage on the north side of SR-70 with retail, restaurant and governmental uses existing across SR-70 to the south. The property to the east is entirely vacant commercial property. An existing manufactured home sales facility fronts on SR-70 to the west and an established manufactured home residential neighborhood exists to the west and north. The proposed location on SR-70 near the eastern boundary of the City will provide access to fuel and convenience goods along a heavily traveled roadway without encroaching on the City's central business district. The site plan includes buffering of the adjacent residences. This is an appropriate location for drive through service. (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. APPLICANT RESPONSE: The proposed use will better serve the public along major transportation corridor without compromising the appeal of the surrounding area. The proposed use is compatible with adjacent uses as Heavy Commercial is the predominant zoning classification along the SR-70 corridor and can still offer services to the adjacent residential properties. STAFF COMMENTS: The main compatibility concern for this use is the existing residential neighborhood to the west. The ordering process at drive through kiosks can be somewhat noisy and head lights can shine throughout the nighttime operating hours. However, the closest residence is about 100 feet away from the proposed location of the ordering kiosk and the entirety of the proposed development will be buffered from the adjacent residences by an 8 foot tall privacy wall and a landscape buffer which exceeds the minimum landscape buffer requirements provided in the City's Code. The design of the drive through service could be a concern for this project. At the time this report is being written, staff has received little analysis from the applicant regarding the expected functioning of the drive through lane design. The applicant has provided a diagram that depicts 9 standard sized vehicles fitting within the drive through lane. The applicant has also stated that the drive through feature is a relatively new concept for RaceTrac stations. Without significant experience with drive throughs, it is concerning that more analysis has not been performed to determine whether or not the drive through will cause internal circulation issues which could be especially problematic during the peak am and peak pm periods, potentially causing backups into the public right-of-way. E�lannin_l Staff Report Applicant: RaceTrac Petroleum, Inc Drive Through Service Special Exception Request Petition: 20-004-SE (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. APPLICANT RESPONSE: Landscape techniques to visually screen the proposed fuel station use from the adjacent uses include a privacy wall running to the west of the property along the proposed development. Additionally, the provision of dense, native plantings that form a continuous buffer at the Western perimeter. Specifically, a Walter's Viburnum hedgerow and a staggered arrangement of Live Oak, Sweetgum, & Red Maple trees, provided at an average of 20 feet on center consistent with Code requirements, serve to buffer views from the neighboring residential uses, while also occasionally integrating existing Sabal Palms to be retained. Along the SR 70, an Inkberry hedgerow, in addition to layers of compact Firebush, Yaupon holly, and muhly grass, among other shrubs & groundcovers, screen the vehicle use area & add visual interest to the frontage & roadway corridor, while Live Oak, Dahoon Holly, Red Maples offer filtered views of the site. To the North & East, continuous Walter's Viburnum hedges extend along the perimeters to isolate the areas of proposed development from the remainder of the parcel that is not to be affected. Existing natural vegetation typical of Mesic Hammock plant communities loosely define the extents of the property. STAFF COMMENTS: The applicant's description of the proposed landscaping is consistent with the submitted site plan. The proposed Walter's Viburnum hedge and the proposed 8 foot tall privacy wall will provide a buffer between the adjacent residences to the west. (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. APPLICANT RESPONSE: Gas stations with convenience stores often get associated with crime and loitering. RaceTrac is aware of these issues and have devoted to change this idea by incorporating standards in all their new buildings beginning with the building appearance to providing actual security measures throughout the site design. The Applicant has devoted special attention to the building's elevations by incorporating brick and stone elements with dark bronze accents in combination with brand colors to give the building an attractive modern aesthetic above the typical gas station elevations to provide an inviting appearance to all travelers. Once inside the building, the open floor plan together with the location of the cash wrap will be able to give the attendant a clear visual throughout the store. The idea is to create an environment where customer activity and open concept will deter crime through natural surveillance. In addition to natural surveillance techniques present throughout the site, RaceTrac is equipped with a 24-hour surveillance system both inside and outside of their stores. In addition, all RaceTrac facilities are company owned and operated so that the maintenance of the property and the quality of the service will be consistently at the highest industry standards. If approved, the drive-thru will provide a service that will keep the site in operation and provide a "natural surveillance" during the later hours of operation when this sort activity often occurs. STAFF COMMENTS: The applicant has not provided sufficient analysis to demonstrate that the drive through service will function adequately and will not create a public nuisance. (5) Demonstrate how the utilities and other service requirements of the use can be met APPLICANT RESPONSE: The applicant will be working with the Okeechobee Utility Authority for water and sewer services and with South Florida Water Management District for the drainage of the property. All utility services will be designed and constructed according to the standards and approval of the corresponding jurisdictional authority. Based on preliminary conversations, there are a means of providing these services to the applicant. i..-K- 4 planning Staff Report Applicant: RaceTrac Petroleum, Inc Drive Through Service Special Exception Request Petition: 20-004-SE STAFF COMMENTS: None (6) Demonstrate how the impact of traffic generation will be handled off site and on -site. APPLICANT RESPONSE: The site has been designed to provide a long drive-thru area that provides sufficient stacking for the drive-thru use so that the remainder of the site will not be affected when the drive-thru begins to back up. Additionally, the Site Plan proposes 40' wide drive aisles between the parking and fuel areas should either the drive-thru, convenience store, or fuel areas back up there would be enough space to maintain circulation. The Site Plan also provides a separate parking and fuel area for the larger trucks. The reason for this is to separate the larger diesel vehicles from circulating with the everyday consumers. Diesel is also offered in the standard fuel pumps so that light/medium trucks may still fuel in this area without the need to go to the diesel canopy. The applicant is currently working with FDOT to see what off -site improvements will be required to provide a signalized left turn lane for the east bound travelers along SR 70. We will continue working with FDOT throughout the permitting process. STAFF COMMENTS: Mackenzie Engineering prepared a traffic assessment for the project which determined that modifications will be necessary to the roadway and traffic light at the intersection with SE 10`h Ave. The Applicant is in contact with the Florida Department of Transportation as well as the City's public works director to coordinate these improvements. At the time this report is being written, staff has received little analysis from the applicant regarding the expected functioning of the drive through lane design. The applicant has provided a diagram that depicts 9 standard sized vehicles fitting within the drive through lane. The applicant has also stated that the drive through feature is a relatively new concept for RaceTrac stations. Without significant experience with drive throughs, it is concerning that more analysis has not been performed to determine whether or not the drive through will cause internal circulation issues which could be especially problematic during the peak am and peak pm periods, potentially causing backups into the public right-of-way. 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. Identified deficiencies are highlighted. (1) The use is not contrary to the Comprehensive Plan requirements. APPLICANT RESPONSE: The requested special exception is consistent with the Goals, Objectives and Policies of the Comprehensive Plan in that the RaceTrac Market use will better serve the public along a major transportation corridor without compromising the appeal of the surrounding area. Additionally, as a vacant and underutilized property, the project will develop an infill area with a project that is compatible with other heavy commercial uses along the SR 70 corridor. t:,K 5 planning Staff Report Applicant: RaceTrac Petroleum, Inc Drive Through Service Special Exception Request Petition: 20-004-SE STAFF COMMENTS: Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas and shall discourage urban sprawl. This property fronts on SR-70 (Park Street), which is one of the City's commercial corridors. The commercial corridors are appropriate locations for non-residential uses. Additionally, this site is located near the eastern boundary of the City outside of the central business district. Allowing a drive through service is consistent with the established pattern of land uses within the City. With the buffering that is depicted on the site plan, it is also compatible with the adjacent residential use. The question that remains is whether the design of proposed drive through will be appropriate for this location. (2) The use is specifically authorized as a special exception use in the zoning district. APPLICANT RESPONSE: As per Sec. 90-283 (1), this proposed development (convenience store w/ drive-tru service and with fueling positions) is an allowed use within Heavy Commercial zoned areas with a special exception approvals. STAFF COMMENTS: City Code Section 90-283 specifically lists drive through service as a special exception use in the CHV heavy commercial zoning district. (3) The use will not have an adverse effect on the public interest. APPLICANT RESPONSE: The proposed RaceTrac development will not have an adverse effect on the public interest as the RaceTrac is intendent to offer gasoline services as well as extend food and beverage offerings to both nearby residents as well as pass by travelers and the drive-thru service will benefit the public to make RaceTrac's offerings more accessible. STAFF COMMENTS: It is in the public interest to have access to convenience goods through drive through service. Especially in light of the current pandemic, person -to -person contact is limited when compared to typical walk-in retail facilities. However, the public interest could be negatively affected if the popularity of the drive through service exceeds the ability of employees to serve the drive through patrons and the queuing of the drive through exceeds the limits of the development site. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. APPLICANT RESPONSE: The proposed use is compatible with adjacent uses as Heavy Commercial is the predominant zoning classification along the SR-70 corridor and approval of this special exception will maintain land use consistency in this area and additionally be able to provide drive-thru service of RaceTrac's offerings to the public. STAFF COMMENTS: This property fronts on SR-70 (Park Street), which is one of the City's commercial corridors. The commercial corridors are appropriate locations for non-residential uses. Additionally, this site is located near the eastern boundary of the City outside of the central business district. Allowing drive through service is appropriate in this location and .,r: 6 planning Staff Report Applicant: RaceTrac Petroleum, Inc Drive Through Service Special Exception Request Petition: 20-004-SE consistent with the established pattern of land uses within the City. With buffering depicted on the site plan, it is also compatible with the adjacent residential use. (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. APPLICANT RESPONSE: The proposed RaceTrac should not adversely affect property values or living conditions. On the contrary, the development of this property will promote infill to currently vacant surrounding properties that are zoned for commercial uses. Commercial amenities and services help drive residential interest. More specifically, food and gasoline services help travelers stop and rest to recharge after hours of driving or drive-thru service that can also positively affect nearby businesses and other services offered in this area. STAFF COMMENTS: It is possible that allowing the applicant to develop this use will not deter but, instead, encourage development of the vacant property to the east. Conversely, it is possible that property values and living conditions for the nearby residences could be affected, as additional noise is likely to be generated by the RaceTrac development. However, with the buffering that is proposed, it is unlikely that the drive through service will significantly affect the residences any more than they are already affected by the other proposed uses at this site. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. APPLICANT RESPONSE: The proposed development is far exceeding any buffer and setback requirements form the adjacent properties. Additionally, the applicant will be proposing a privacy wall along the western boundary to help screen the adjacent residential properties from the daily operations of the RaceTrac. STAFF COMMENTS: The current site plan submitted by the applicant includes an 8 foot tall privacy wall and significant landscaping between the adjacent residences and the proposed development. These features should provide adequate buffering to mitigate potential impacts of the drive through service. (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. APPLICANT RESPONSE: The primary traffic that the proposed RaceTrac development is intended to capture are nearby residents as well as pass -by commuters/travelers, therefore the proposed should not create an overburden to public facilities such as schools, streets, and utility services. STAFF COMMENTS: This non-residential development will not impact the public school adopted levels of service and there is sufficient utility capacity to accommodate the proposed development. A traffic impact statement has been provided which concludes that roadway and traffic signal modifications will be necessary to accommodate the increase in vehicle trips generated by this project. Those improvements are being coordinated by the Applicant with the Florida Department of Transportation and with the City's Public Works Director. LaRuc 7 planning Staff Report Applicant: RaceTrac Petroleum, Inc Drive Through Service Special Exception Request Petition: 20-004-SE 8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. APPLICANT RESPONSE: The proposed use should not create traffic congestion, flooding, or drainage problems, or otherwise affect public safety. We are currently working with FDOT on the access to the property and will continue to do so to provide any traffic measures as required to provide a satisfactory level of service as well as a safe operation of traffic to and from the RaceTrac. We will also continue to work with the water management district to design the site according to all applicable rules and regulations so that there are no adverse impacts to public safety. STAFF COMMENTS: Drainage improvements, including a water retention area at the rear of the project, are included in the site plan. Public safety should not be affected by this project. In the foregoing analysis, we have expressed several concerns regarding the functionality of the proposed drive through service. We recommend that the Applicant demonstrate that the currently proposed design of the drive through can function without causing internal circulation issues or disruptions to traffic in the public right-of-way. We also are concerned that approval of this request could allow other drive throughs on the subject parcel without review by the Board of Adjustment. Otherwise, the requested Special Exception is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, if the Applicant can demonstrate at the Board of Adjustment hearing that the drive through service will function without causing a public nuisance, then we recommend approval of the Special Exception for drive through service with the following conditions: 1. Approval is contingent upon the applicant providing, at a minimum, the buffering features as depicted in the current draft of the site plan. 2. Approval of this special exception request for drive through service is limited to the 7.11 acres of the development site, as depicted on the survey and plans. Submitted by: �l < Ben Smith, AICP October 6, 2020 Board of Adjustment Hearing: October 15, 2020 Attachments: Future Land Use Map Zoning Map Aerial Map i, - 8 planning Staff Report Applicant: RaceTrac Petroleum, Inc Drive Through Service Special Exception Request Petition: 20-004-SE DRIVE THROUGH STACKING DIAGRAM led p 05 02 r-^ m RACETRAC MARKET 8,100 S0. FT. GI FFE 22.60 NAVD p. - - - - - - - - - - - I - - - - - - - - - - - y slum \01- �b L.K— g pianni.ng Staff Report Applicant: RaceTrac Petroleum, Inc Drive Through Service Special Exception Request Petition: 20-004-SE FUTURE LAND USE SUBJECT SITE AND ENVIRONS =-04 N.-. T-1 ST N; 5 T'F'f CT -Lr. A T,1 ST 1 Subject -3 rcel ..I.. - ql� of �E rParcel 3RD ST Si 24D ST is 52 A le qDCT7:, 10evelooment Site 9.2 -12 23 7 L 1 A 7:x Di F1 I r-r LAND USE CLASSIFICATIONS lott—tine SINGLE - F4-!.'ILY RESIDENTIAL MIXED USE RESIDENTIAL MULTI - F-:MILY RESIDENTIAL COI' MERCIcL INDUSTRI-4L PJSLIC: F.ZkZ!1-171ES EASEMEN7 RAILROAD CE,.TErLINE HOPKINS MEANDER LINE UNINCORPORATED L.IK— 10 planni.ng Staff Report Applicant: RaceTrac Petroleum, Inc Drive Through Service Special Exception Request Petition: 20-004-SE ZONING SUBJECT SITE AND ENVIRONS NE .TN S T -1U I I IL 115- Su ject4 1,1�6. 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R I+* I� ffi 1 d g;$ � � � a 4 ,. '• . � �Y �d -� � �adl � dam :.46Xl o M v'n.00k, s a©z s e` . ? ? ° rdk ABBBAIN.N ®III'Y L,,•E-11 Ms �rv�ri�kqo. ism r. I m C� q.,cn . 4. 7 C) Rg 9 I" 7 I m 0 � Q 0 0 I a �O I� �I � 180338 Nn v 83A18 I � � � � � I a I II m I a , I3y= I 64 I � boo ` 3 J�gOd\ ao N Proposed RaceTrac 975 NE Park Street Drive Thru Special Exception City of Okeechobee October 15, 2020 Affearrae Location Overview I? - 1, N'J.1! . - . - N E-9t 1•; t N t t � ❑- � }' •N •fit �t =a* NEj5+th"St Ir r _ N nth -St ' k1 • ~ � m � 'rot, z �10 Z ' �. Okeec `oti @ @ Okeechobe.AA e RT 68 _. SVV�2nci+Sty-- • + i� � , �, — c 5.3�' St 11 — — — — — — — — — - j STATE ROAD 70 F,1011' CONTACT RACETRAC PETROLEUM, INC PROJECT MANAGER PRIOR TO w ANY REVISIONS TO THE PLAN SUPPLIED By RACETRAC PETROLEUM, INC N LE LEGEND . .. . ..... z < llA*1 1. 11 l,F -F.ND u Lu 0 onw 40 20 0 40 so 120 110 Call bef— you mg. GRAPHIC SCALE IN FEET c [A 1 N 55' o! N I F - L PROP. DUMPS ENCLOS ,d a � 30' 'i3r t 4 - F-PRO -- ,r, a n V h 50' 5 S ACES @ 10' 2 SPACES soa SKEW 105.6' ,4CANOP ETTBa CK) 14.83' M A•� d RaceTrac one current open and operating store with a drive thru window. With five more planned. Including this proposal. Performance statistics from that open store: McDonough, GA RaceTrac Drive thru: 133 Average cars per day 18 hours of operation per day 6AM-12AM Peak hours of operation: 4pm — 6pm Avg. # of peak hour customers = 11 cars These stats are presented as per/hour Peak hour # per 10 minutes: 1.833 cars The adjacent diagram shows the ability to stack 9 cars at one time. With this analysis, RaceTrac respectfully submits the Drive Thru is adequately sized for operation .0 City of Okeechobee Date: Petition No. General Services Department Fes Paid: Jurisdiction: JB610 55 S.E. 3"' Avenue, Room 101 15 Hearing: 2"° Hearing: lilp Okeechobee, Florida 34974-2903 Publication Dates: Phone: (863) 763-3372, ext. 9820 Notices Mailed: Fax: (863) 763-1686 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of properly owner(s): H2OLDINGS LLC 2 Owner mailing address: 1534 Walnut Ave, Wilmette, IL 60091 3 Name of applicant(s) if other than owner Racetrac Petroleum Inc. 4 Applicant mailing address: 200 Galleria Parkway SE, Suite 900, Atlanta, GA 30339 E-mail address: sjones@racetrac.com 5 Name of contact person (state relationship): Samantha Jones, Engineering Project Manager 6 Contact person daytime phone(s): 770431-7600 j PROPERTY INFORMATION Property address/directions to property: 7 SR 70 & NW 10th Ave, Okeechobee, FL 34972 Describe current use of property: I 8 The site is currently vacant, inhabited only by some overgrown vegetation, and trees. c Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. The proposed development includes the construction of an 8,100 SF RaceTrac convenience store with drive thru 9 and 22 fueling ptS rtio-n3. The construction of two access driveways from SR 70 are proposed. Source of potable water: 12" DI Method of sewage disposal: 8" PVC gravity sewer toward the west boundary 10 Approx. acreage: 18.92 acres Is property in a platted subdivision? Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No 11 12 Is a pending sale of the property subject to this application being granted? Describe uses on adjoining property to the North: 13 North: Parking lot toward the back of the convenience store East: Driveway to enter property South: Two driveways entering the gas station West: Driveway to enter property 14 Existing zoning: Heavy Commercial Use Future Land Use classification: Commercial Use 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (_)No ( x )Yes. If yes provide date, petition number and nature of approval. 20-002-SE, convenience store with fuel pumps, May 2020 16 Request is for: (_) Rezone (x ) Special Exception (_) Variance 17 Parcel Identification Number: 2-15-37-35-OA0o-00007-0000 (Rev 2/2019) Page I of I 1 ^� w' REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: Non-refundable application -fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; 19 Note: Resolution No. 98-11 Schedule of Land Development RegUlation Fees and Charges B When the cost for advertising publishing and mailing notices of public headngs exceeds the establlished fee, or when a professional consulltant is hired to adAse the city on U-�e appllication, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11x1 7) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the Subject property. See the In -formation Req uest 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 |ioaUo is -for City ofOkeechobee in processing my request. False ormisleading in -formation may be punishable bva fine Of Lip to $500.00 and imprisonment of up to 30 days and may result in the denial of this Name Date ����e�.�eUU�]�me��U�e���������.��K����-763~3373.Ext.9820 ' - '' ' ' ' ' ' Detail by Entity Name Page 1 of 4 Detail by Entity Name Foreign Profit Corporation PACETRAC PETROLEUM INC Filinn in2armation Document Number P14841 FEI/EIN Number 63-0642959 Date Filed 06/15/1987 State GA Status ACTIVE Last Event SHARE EXCHANGE Event Date Filed 02/20/2003 Event Effective Date NONE Prineiha. ! ddrass 200 GALLERIA PARKWAY SE, SUITE 900 ATLANTA, GA 30339 Changed: 01 /22/2018 ffig Linn Address 200 GALLERIA PARKWAY SE, SUITE 900 ATLANTA, GA 30339 Changed: 01/22/2018 F�erlistarad :hgant Name ?� t1 ldresa CORPORATE CREA T IONS NETWORK INC. 801 US HIGHWAY 1 NORTH PALM BEACH, FL 33408 Name Changed: 01/22/2018 Address Changed: 03/13/2020 Offic3r/Direc'tor Deiaii Name & Address Title Director LENKER, MAX 142 CANNONBALL LANE WATERSOUND, FL 32461 http://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=Entity... 3/ 13/2020 Detail by Entity Name Page 2 of 4 Title Secretary, Director BOLCH, SUSAN BASS 1250 SPYGLASS LANE NAPLES. FL 34102 Title Asst. Secretary, Director DUMBACHER,ROBERT 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title COO MILAM, BILL 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Chairman, Director BOLCH,CARLJR 1250 SPYGLASS LANE NAPLES, FL 34102 Title Director MORAN, ALLISON BOLCH 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Asst. Secretary, Chief Legal Officer AKERS,JOSEPH H 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Director, President, Asst. Secretary MORHOUS, NATALIE BOLCH 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Director, Asst. Secretary ISBILL, MELANIE BOLCH http://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/13/2020 Detail by Entity Name Page 3 of 4 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Director BOLCH, JORDAN BASS 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Other, Vice President of Real Estate & Engineering THORNTON, BRIAN 200 GALLERIA PARKWAY SE SUITE 900 ATLAN T A, GA 30339 Title Other, Vice President of Category Mgt POSENER,ROBBY 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 :=.nnuai Rer�o'rts Report Year Filed Date 2017 04/19/2017 2018 04/13/2018 2019 04/26/20.19 1_eocurneni Images _.___..—----aNt•<<�.;�. r.e_�..— � ..e'h':o,tayr it p:,p [�n�,3{ i _ r' TFs._lBY: ..lacy'., ?Car _ : 4 iNt_Fl_,`_i_i-'ii•:. ,+i W: !mlq, x, �DF :( n, 11 _..._i/;:Lc_.4TsENl_Ei—..-�---`�-----__---I e'w:�sg�•n'i)F Brut http://search. sunbiz.org/Inquiry/Corporation Search/Search Resu ltDetai I ?in quirytype=Entity... 3/ 13/2020 Detail by Entity Name Page 4 of 4 WL120/201ANNIIJ- )4J�7;2:1JH_- .WJNUr,i rtEr'Crd_ t?:S'i]jr2�C.i.:=_�.NNi?1�L 54F_Jfj: "412§/20go - .4NN_.1?,rdEF rrj: :AJ�JRGC;f--ANNUk�.-REV�R_i -41 .4(25120t74 - 4JvNy::,,KEU_?kr il5G'/200ir - :.NNUAc- $C-��rB" J4;:1Vnr5a..i_'vNL±f� c"Jt:" :15i i tr 19$.,5_ iJVy-I,fAI. Wt=_N�R 1- :rev: Image c FJF r..ruw i �hrw riage •n ?OF fam7at ' r — .�e'-w ;rnaga it FUF format Reav in sge in FDF ff,nnat ±�\rw., rmage y-. PDF fnnn5t F',JiEw enrage in PDF fom7at Jew Image :n PDF funnel viewvhage ,❑ PDF fum7st —� dew image in r-pF fotrta? 'Jz, r'rtag9 m ?DF format •Jv '.A mirage in PGF fonnat ~I '•iSn.a triage �� ?l)F''on77a� Vie* rnage m PrF'formal http://search.sunbiz.ot-g/inquiry/C.orporationSearch/Seai-chResultDetai I?inquirytype=Entity... 3/ 13/2020 2019 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P14841 Entity Name: RACETRAC PETROLEUM, INC. Current Principal Place of Business: 200 GALLERIA PARKWAY SE, SUITE 900 ATLANTA, GA 30339 Current Mailing Address: 200 GALLERIA PARKWAY SE, SUITE 900 ATLANTA, GA 30339 US FEI Number: 63-0642959 Name and Address of Current Registered Agent: CORPORATE CREATIONS NETWORK INC. 11380 PROSPERITY FARMS ROAD #221 E PALM BEACH GARDENS, FL 33410 US FILED Apr 26, 2019 Secretary of State 1472360554CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title DIRECTOR Title SECRETARY, DIRECTOR Name LENKER,MAX Name BOLCH, SUSAN BASS Address 142 CANNONBALL LANE Address 1250 SPYGLASS LANE City -State -Zip: WATERSOUND FL 32461 City -State -Zip: NAPLES FL 34102 Title ASST. SECRETARY, DIRECTOR Title COO Name DUMBACHER, ROBERT Name MILAM, BILL Address 200 GALLERIA PARKWAY SE Address 200 GALLERIA PARKWAY SE SUITE 900 SUITE 900 City -State -Zip: ATLANTA GA 30339 City -State -Zip: ATLANTA GA 30339 Title CHAIRMAN, DIRECTOR Title DIRECTOR Name BOLCH, CARL JR Name MORAN, ALLISON BOLCH Address 1250 SPYGLASS LANE Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: NAPLES FL 34102 City -State -Zip: ATLANTA GA 30339 Title ASST. SECRETARY, CHIEF LEGAL OFFICER Title DIRECTOR, PRESIDENT, ASST. SECRETARY Name AKERS, JOSEPH H Name MORHOUS, NATALIE BOLCH Address 200 GALLERIA PARKWAY SE SUITE 900 Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 City -State -Zip: ATLANTA GA 30339 Continues on page 2 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: JOSEPH H. AKERS ASSISTANT SECRETARY 04/26/2019 Electronic Signature of Signing Officer/Director Detail Date OfficerlDirect®r Detail Continued : Title DIRECTOR, ASST. SECRETARY Name ISBILL, MELANIE BOLCH ,Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 Title CFO, CEO Name MCBRAYER, JR, MAX E Address 200 GALLERIA PARKA/AY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 Title DIRECTOR Name BOLCH,JORDAN BASS Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 Title OTHER, VICE PRESIDENT OF CATEGORY MGT Name POSENER,ROBBY Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: 8 A There is a previous special exception approval to allow gasoline services at this property. The intent of this application is to remove a condition placed on that approval that prohibits truck overnight parking. Are there similar uses in the area? No (X ) Yes If yes, briefly describe them: B There are a few gasoline stations along within the city and along the SR-70. We are uncertain if any of provide overnight parking for trucks. 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 fuel station with 24 hour convenience store offers gasoline service with an extended diesel offering to larger trucks. Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most D similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required -findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] Applicants are required by Sec. 70-373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (Rev 2/2019) Page 8 of 1 1 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: l . The use is not contrary to the Comprehensive Plan requirements. 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an adverse effect on the public interest. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in 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 2/2019) Page 9 of 11 IFIHOMAS E N G I N E E R I N G G R O U P August 28, 2020 City of Okeechobee General Services Department 55 S.E. 311 Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372 Ext. 9820 RE: RaceTrac Market SR-70 & SE 10th Avenue City of Okeechobee, Florida 34972 Parcel No. 2-15-37-35-OA00-00007-0000 THC-MAS ENGINEERING GRO:.SP 6300 tJW 31., .AvENUE FORT L AuDERG.ALE. FL 333G9 P- 954-202-7C)00 F. 954-2 02-7t>7r; REQUEST AND JUSTIFICATION FOR SPECIAL EXCEPTION FOR GASOLINE SALES The applicant is proposing to add a new RaceTrac Gas Station & Convenience Store to the property located at north of the intersection of State Road 70 & SE 10th Avenue. The gross 18.92-acre property is currently a vacant lot. The applicant is contracted to purchase the properties Parcel No. 2-15-37-35-OA00-00007-0000 from H2OLDINGS LLC (Property Owner). The applications submitted is proposing anew 8,100 SF retail building with two gas canopies to provide an extended diesel offeringto largertrucks traveling along SR 70. The site is currently vacant and zoned Heavy Commercial. This proposed development is currently an allowed usage of the area due to its currentzoning classification but will require a special exception forthe use of a drive-thru service forthe proposed convenience store as perSec.90-283(1). STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] 1. Demonstrate thotthe proposed location andsite are appropriateforthe use. As aforementioned, the applicant is proposing to add a new RaceTrac Gas Station & Convenience Store along the SR 70 corridor. RaceTrac is considered a modern convenience store that provides the public with many products and choices to its consumers. The purposed of this special exception request is to revise the previously approved special exception forthe 5,411 sf convenience store with gasoline sales. The special exception was approved on May 215t, 2020 with a condition that no truck overnight parking would be allowed on -site. Since the approval, RaceTrac has revised the Site Plan to convert this location to a "Travel Center" due to its lot size. The most obvious difference is a larger convenience store (8,100 SF) that will appeal to interstate travelers along SR-70 as well as local traffic. The site is located on SR-70 which is a majortransportation corridor through the City of Okeechobee and the applicant does not want to prohibit overnight truck parking at the site and possibly offe r overnight truck parking as an MHOMAS E N r? N E E R i N G G R 4 U P additional service to truck users. The site plan has been carefully designed to separate truck use and truck parking area to maintain access, safety, and circulation forall customers. 2. Demonstrate how the site andproposedbuildingshave been designed so they are compatible with the adjacent uses and then eighborhood, or explain why no specific design efforts are needed. The proposed use will betterserve the public along a major transportation corridor without compromisingthe appeal of the surrounding area with an appealing building appearance that is above the average gas station design. The proposed use is compatible with adjacent uses as Heavy Commercial is the predominant zoning classification along the SR-70 corridor and can still offerservices to the adjacent residential properties. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. Landscape techniques to visuaiiy screen the proposed fuel station use from the adjacent uses include a privacy wall running to the west of the property along the proposed development. Additionally, the provision of dense, native plantings that forma continuous buffer at the Western perimeter. Specifically, a Walter's Viburnum hedge row and a staggered arrange mentof Live Oak, Sweetgum, & Red Maple trees, provided at an average of 20 feet once nterconsistent with Code requirements, serve to buffer views from the neighboring residential uses, while also occasionally integrating ex istingSabal Palms to be retained. Alongthe SR 70, an Inkberry hedgerow, in addition to layers of compact Fire bush, Yaupon holly, and muhly grass, among other shrubs & ground covers, screen the vehicle use area & add visual interest to the frontage & roadway corridor, while Live Oak, Dahoon Holly, Red PJlaplesoff erfilteredviews ofthe site. To the North & East, continuous Walter's Viburnum hedges extend along the perimeters to isolate the areas of proposed development from the rem ainderofthe parcel that is not to be affected. Existing natural vegetation typical of Mesic Hammock plant communities loosely define the extents of the property. 4. Demonstrate whatis proposed to reduce the impactof any potential hazards, problems or public nuisance generated by the use, or explain how the nature of the use creates no such po ten tiol problems. Gas stations with convenience stores often get associated with crime and loitering. RaceTrac is aware of these issues and have devoted to change this idea by incorporating standards in all their new buildings beginning with the building appearance to providing actual security measures throughout the site design. The Applicant has devoted special attention to the building's elevations by incorporating brick and stone elements with dark bronze accents in combination with brand colors to give the building an attractive modern aesthetic above the typical gas station elevations to provide an inviting appearance to all travelers. Once inside the building, the open floor plan togetherwith the location of the cash wrap will be able to give the attendant a clear visual throughoutthe store. The idea is to create an environment where :9'✓!d. Etj(.;JN!�'E.RS — FRO, E, T MANAGE-RS LAMi-, PLANNfNG • • NHOMAS E N G I H E E R; N G G R O U P customeractivity and open concept will deter crime through natural Is In addition to natural Is techniques presentthroughoutthe site, RaceTrac is equipped with a 24- hour surveillance system both inside and outside of their stores. In addition, all RaceTrac facilities are company owned and operated so that the maintenance of the property and the quality of the service will be consistently at the highest industry standards. If approved, this site will provide 24-hour service to all users. By maintaining operation, the site will provide "natural surveillance" even during the later hours of the night when this sort activity often occurs. 5. Demonstrate how the utilities and otherservice requirements of the use can be met. The applicant will be working with the Okeechobee Utility Authority forwaterand sewer services and with South Florida Water Management Districtfor the drainage of the property. All utility services will be designed and constructed accordingto the standards and approval of the correspondingjurisdictional authority. Based on preliminary conversations, there are a means of providing these services to the applicant. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. The site has been designed to provide a long drive-thru area that provides sufficient stacking for the drive-thru use so that the remainderof the site will not be affected when the drive-thru begins to back up. Additionally, the site plan has been carefully designed to separate truck use and truck parking area to maintain access, safety, and circulation forall customers. Diesel is also offered in the standard fuel pumps so that light/medium trucks may still fuel in this area without the need to go to the diesel canopy. Site design also includes40' wide drive aisles between the parking and fuel areas so that there would be enough space to maintain circulation should the site get congested, there is sufficient room to allow vehicles to go around the queuing vehicles. The applicant is currently workingwith FDOT to see what off -site improvements will be required to provide a signalized left turn lane forthe east bound travelers along SR 70. We will continue workingwith FDOT throughout the permitting process. 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 isjustified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the Board of Adj ustme nt to find that: 1. The use is not contrary to the Comprehensive Plan requirements. The requested special exception is consistent with the Goals, Objectives and Policies of th e Comprehensive Plan in that the RaceTrac Market use will betterserve the public along a major transportation corridor without compromising the appeal of the surrounding area. Additionally, +E-._ , 1"1PNAGE:RS t_ .N _ 1''-ANNI: y _.,'.:NID ..APE ?ft_ H! ''EL FI"H 0 M AS gt r N E E R I N G GROUP as a vacant and underutilized property, the project will develop an inf ill area with a project that is compatible with other heavy com me rcial uses along the SR 70 corridor. 2. The use is specifically authorized as a special exception use in the zoning district. As perSec.90-283 (1), this proposed development(conveniencestore w/drive-tru service and with fueling positions) is an allowed use within Heavy Commercial zoned areas with a special exception approvals. 3. The use will nothovean adverseeffecton the public interest. The proposed RaceTrac development will not have an adverse effect on the public interest as the RaceTrac is intend entto off ergasoline services as well as extend food and beverage offerings to both nearby residents as well as pass by travelers and the drive -thru service will benefit the public to make RaceTrac's offerings more accessible. 4. The use is apnronriate for the nrannsed locotion, is rancnnahlyrmmnotihle with nrlinrvnt uses and is not detrimental to urbanizing land use patterns. The proposed use is compatible with adjacent uses as Heavy Commercial is the predominant zoning classification along the SR-70 corridor and approval of this special exception will maintain land use consistency in this area and additionally be able to provide drive-thru service of RaceTrac's offerings to the public. 5. The use will not adversely affectproperty values orliving conditions, norbe a deterrent to the developmentof adjacent property. The proposed RaceTrac should not adversely affect property values or living conditions. On the contrary, the development of this property will promote infill to currently vacant surrounding properties that are zoned forcommercial uses. Commercial amenities and services help drive residential interest. More specifically, food and gasoline services help travelers stop and restto recharge afterhours of driving or drive-thru service that can also positively affect nearby businesses and otherservices offered in this area. 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 development is far exceeding any bufferand setback requirements form the adjacent properties. Additionally, the applicant will be proposing a privacy wall along the western boundaryto help screen the adjacent residential properties from the daily operations of the RaceTrac. 7. The use will notcreate a density pattern that will overburden publicfacilities such as schools, streets, and utility services. I'_td'3iNEEF2 �`i?:.i:<,'C:'C NiANA,r;EF?� _:�f�J ell aNN i:SC.Ap s,R'i{:, - rs MHOMAS F H f I N E E R I N G G R O U P The primary traffic that the proposed RaceTrac development is intended to capture are nearby residents as well as pass -by commuters/travelers, therefore the proposed should not create an overburden to public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding ordrainage problems, orotherwise affect publicsafety. The proposed use should not create traffic congestion, flooding, ordrainage problems, or otherwise affect publicsafety. We are currently working with FDOT on the access to the property and will continue to do so to provide anytraffic measures as required to provide a satisfactory level of service as well as a safe operation of traffic to and from the RaceTrac. We will also continue to work with the water management district to design the site according to all applicable rules and regulations so that there are no adverse impacts to public safety. Should you have any questions, please hesitate to contact me by phone oremail at kbetancourt@thomaseg.com. Sincerely, Kevin Betancourt, P.E. Project Engineer THOMAS ENGINEERING GROUP, LLC t.; %tL ENG?NEER3 Y'R _ �E_ ?AANA+DER= LAND PLANNi J iiiC _ t�.l�"F J`e.;...'� • HOMAS F IN u 1 14 . R N G P ca U a August 28, 2020 City of Okeechobee General Services Department 55 S.E. P Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (0863) 763-3372 Ext. 9320 RE: l?aceTrrac Cagy a f 0;F,aechobee, F1oruda 363972 Parcel i`9a. 2-15-J7-�5-Ow�Oo3-�l0Op�7-tL�00i Thomas Engineering Group, on behalf of Raceirac Petroleum Inc. (Applicant), is pleased to submit this letter of intent for the development of this project. The project is located north of the intersection of State Road 70 & SF 101h Avenue The applicant is contracted to purchase the property identified as Parcel No. 2-15-37-35-OA00-00007-0000 from H2OLDINGS Li-C (Property Owner). The gross 18.92-acre property is currently a vacant lot and zoned as Heavy Commercial. This application is to revise the previously approved site plan that was approved on May 21" 2020. The previous approval was for a Raceirac Gas Station (: Convenience Store as a 5,411 sf retail Building with 20 fr,+ei positions. Under this application, the applicant is proposing a new prototype that will be the first of its kind for Raceirac Petroleum. The new convenience store will be a 8,100 SF retail building with a proposed drive-thru offering for the in-store Raceirac market products and a separate gas canopy io provide an extended diesel offering to larger trucks traveling along SR 70. The proposed Site Plan includes the three structures along with associated parking exceeding zoning code requirements, access driveways, landscaping, utilities, and drainage managernent facilities to support the operation of the Raceirac Market. The applicant has interest in purchasing the gross parcel area, however the proposed development will encompass a net development area of approximaiely 7.11 acres. There are no current plans for the remainder of the property at the time of this application. This site has an approved special exception lot- the gasoline Use approved '%Mth the previous site plait, but the applicant is regUesting, the removal of the previously, set condition that Lvould not allow for truck overinighi parking. Additionally, the proposed drive-thru will require an additional special exception for the drive-thru use. The proposed development enclosed has been developed in accordance with the City of Okeechobee codes for the Raceirac Gas Station & Convenience Store project. Should you have any questions, please do not hesitate to consact us with any questions. Sinc Kevin Betancourt, P.E. Project Engineer TI JGPAAS ENG.lNEERING GROUP, q EC 11fIiI111111111111NII111i1111111NIIIlN1111f1N111lIN11N Preepargd_by and return to• Leonard Rutland, Jr., Esquire 759 South Federal Highway Suite 303 Stuart, FL 34994 File Number: 10837.24 fSoaee Above This Line For Recording Dai Warranty Deed F=LE NUM 20tJ4444662 LiR 13.K rJ0121 F'G 19c?V SHARORO9EIRITr CLERK OF CIRCUIT COURT N CO RECORDED 03/15/2004 12:51:27 PH RECORDING FEES 10.50 DEED DOC 3.850.00 RECORDED BY G Heabouro This Warranty Deed made this 10th day of March, 2004 between Harbour Bay Properties, Inc., a Florida corporation, whose post office address is c/o Theodore G. Glasrud, 3634 SE Fairway East, S rt, FL 34997, grantor, and H2O1dings, LLC, a Delaware limited liability company whose post office address is c/o antee: cA^t6 klA-Kt- P.o. (30X 3X41t55_3 , PA`-" "A�%A 4*2pr- j I t 3 3Ls- aa (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS (S10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida to -wit: SEE ATTACHED EXHIBIT "A" Subject to taxes for 2004 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. 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 grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful 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, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: -� I our�.r- perties, Inc.Witness Name.. s e. a inl� fitness N t (Corporate Seal) State of Florida County of Martin The foregoing instrument was acknowledged before me this I Oth day of March, 2004 by Theodore G. Glasrud, President of Harbour Bay Properties, Inc., on behalf of the corporation. He �is personally known to me or [X] has produced a driver's license as identification. [Notary Seal] Notary P lic rintea Name: LEONARD RUTLAND JR. otary u c• tote o r a My Convnissio Wftm Commission #CC929236 DoubleTimem Fund File No.: 57-04-61 Exhibit A Parcel 1: The West '/2 of the Southwest''/. of the Southeast % of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, lying North of the North right-of-way line of State Road No. 70; Except the North 50 feet of the West'/2 of the West 'h of the Southwest '/4 of the Southeast V. for road purposes, also Except the following described property conveyed to the State of Florida: A parcel of land in the West '/2 of the Southwest %. of the Southeast '/ of Section 15, Township 37 South, Range 35 East, Being more particularly described as follows: Commence at the South '/4 corner of said Section 15; thence nun Northerly on the '/4 section line a distance of 36.95 feet to the centerline of State Road 70, thence. North 90° 54' 49" East, on said centerline a distance of 347.10 feet; thence Northerly at 90° to said centerline a distance of 40 feet to the Point of Beginning; thence continue Northerly a distance of 17 feet; thence Easterly at 90° 'a distance of20 feet; thence Southerly at 90* a distance of 17 feet: thence Westerly at 90° a distance of20 feet to the Point of Beginning. Parcel Id. Number: R2-15-37-35-OAOO-00007-0000 ' Parcel 2: Beginning at the Southwest corner of the East % of the Southwest'/. of the Southeast''A of Sectior. I5, Township 37 South, Range 35 East and run North along the West j boundary a dWence of 594 feet: then run East a distance of 186.3 feet. then run South a distance of 594 feet to the South Boundary of Section IS. then run West a distance of I 196.3 felt to the POINT OF BEGINNING. Less and Except the right-of-way for State Road 70. I Parcel Id. Number: R2-15-37-35-OA00-00008-0000 March 12, 2020 TO: All applicable Governmental Permitting Agencies City of Okeechobee County of Okeechobee, Florida State of Florida Con ent For: HZOLDINGS LLC 1534 WALNUT AVE, WILMETTE, IL 600910000 Parcel Number: 2-15-37-35-OA00-00007-0000 RE: Aotborization of Agent for RaceTrac Petroleum, 111c.. As related to RaceTrac - Okeechobee EDO This will serve as confirmation that the undersigned, H20LQING.�,_ L.LC. the current property owner of the property located at the NE corner of the intersection of SR 70 and SE 101%i Avenue, City of Okeechobee, identified by parcel no. 2-15-37-35-OA00-00007-0000, hereby appoints RaceTrac Petroleum, Inc., to act as its authorized agent concerning all city, county, state, and government agency permits and applications, but only to the extent that such permits and applications pertain to the proposed RaceTrac Market & Gas Station development at the Property (see attached for contracted property area). (,SI��,paCUC'L'I f 1.- {Print Nanic, Title) STATE OF'_ SS. COUNTY OF ) The foregoing instrument was acknowledged before me this iti day of 04 2020. He/she ❑ is personally known to me or ❑ has produced - _ — as identification. My Commission Expires: _ -- - ' Print Name: './� NOTARY PUBf Not"!" pubk - state or Ili:nois ,.;..,On E#01r nZ, 2, 2t)T3 ^+ar ��x^wyt•�^Aa f'`d(1 Cfty ®a Okeedhobee Okeedllohee9 FL 34974. TeRe: 863-763-33721Fax: 0'63-763-16'06 +LA1\\1D USE POWER OF ATYOR HE 17 Nejrne of Propert-y Goiner(s): H20LDING LLC; Donald J Hackl 11 nffing Address: 1534 Walnut Ave., Wilmette, IL 60091 Home Telephone: Work: Ce➢I: 1Propercy Address: SR 70 NW 10th Avenue, Okeechobee, FL 34972 P.1reel EJID NurnPoer: 2-15-37-35-OA00-00007-0000 Name of AppIlnc2nt: Race Trac Petroleum Inc. Home TeRephone: Worlk: 770-431-7600 Cen: The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the frill 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 place 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 Deparanent. IN WITNESS W 4EREOF IHEJJNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS DAY OF Z02o. i zl� OWNER WITNESS 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 t epulposestaed herein. Sworn and subscribed this day of 20 20. c Notary Public: 017f SEAL Commission Expires: A ,^ l:. ✓aA E. eo COMMISSION e n : DES F t i ,,'�trrrlvMl �pq�� (Rev 2/2019) Page 5 of 11 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 T,AND TTgF POWER OF ATTORNEY Name of Property Owner(s): H2OLDING LLC; Donald J Hackl Mailing Address: 1534 Walnut Ave., Wilmette, IL 60091 Home Telephone: Work: Cell: Property Address: SR 70 & NW 1Oth Avenue, Okeechobee, FL 34972 Parcel ID Number: 2-15-37-35-OA00-00007-0000 Name of Applicant: Race Trac Petroleum Inc. Home Telephone: Work: 770-431-7600 Cell: 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 place 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 maybe terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WrFNESS W HE?.Rf OI' THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS,:? DAY OF _N1 ()26. __ r^'= WIINESS _ g A 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 2i day of 3A,4U yt4Y 20 20. YALD[MAR7ofillinots Notary Public: 1 x �� (�i' {.t ? ..i _ SEAL officia___ . _ .._ Commission Expires: a L 23 Notary Public • 23 (Rev 2/2019) Page 5 of l l SET"...Rm iV89°4541 E 421.89' YAINJPP9.I155:i IL drul+ua+rw : ?Qt, T.Nf Nin(S �� IAGgYS I O J 2J [ '1y L1J T 2V tts' aL i rAu Ui IPLA I I ED} Lri/VD f S ` IMP. 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EVEAYEFFG4TNA5 BEFNAMDf IDPROPEMY/OENRFYTREES SHOWN, --. - ROWEVER,MEEMENRRG RONIS OU/S/OE IHEAREA OFEWS77SE OF IINS FIRM THE TREE SPEGESASLISTED HEREON ISFOR BIFORLMTONAL PURPOSES ONE YANG SNOOD BECONF/R/JED BYA CIA 77FIED ARLTMST -� f - t -- --- z --- TITLEP,EVIEW- - _ Y ` �-'Rc1FNCAAu:• .. ... .. .. --.. ..-... 7MSMTEWASSURVEYED/NACCORa4WEMNATRLECOMWOIENTRiOV/OEDBYaLDREPUBUCNARONAL71RFM5•UR4ACECOAfPAM;FRFNUAfBER. C0.K'RB7EAGOUN� C/AI91104 CMUTAPWTO47E'A000ST04 MID,, SJOPM SMEd2EB-SECRwo 1 a�L L IXCEPi7WKS'DfED BO(fL44 PG 751-AFFfC1SPROPERTY, UNR077ABLE -- IXCEPRWBS'OJLH 2)4 Pa 1. )AFFECTS PROPfRTY,A55/lOY/NWSKE7d10FSURVEY, 0.RP7]fl M 1070- DOES NOTAFFELTSUD/ECTPROPERTY. ASSH01'WW OIE7Tf7GSU7VEY E".CEPnavn7. REf04 PG.9fl5-AFFEC75PROPERTYASSHOPWONSlEMMOFSURVEY EYCEP770n#&,oevv.P01275-AFFECTSPRroF-A nurvnuexcinu CONCAE7EPOWERPOLE -A'FunuwJsMPGMRUASLNDREPU9UCM4n0NAL TIRE/NSWWXECOAPANMdY,wu ImnrLEHIXDINGCGIPANY, 11G j ; . ELEVARONOFOVENREAD 1WRESM" THLSISTO Cc`lfnFYTMTRZAW GJAATANDYWSMVEYWWMCHITISBASED P&REMADEfNACCG4LW/CEKVH7NE20161410iUMSTANOARD EL-4QB DFTA/LRECUROZIEM4FC ATA/NSPSLANDRRESIWVEY$JO/NRYESTABLISREDANDAOWTEOBYALTAANONSP$ AMMMUDES RfA}31, i,l4, fl4 Q.=52r 11, 73A/♦D 16OFTABLEA'RIfIIEOF. Mc_RELD VAWWAS COADTETED ONSEPMVMA IA20f9. SURVEYMAPANDREPORTOR INFOOPIES MEREDFARE ELF553• EL:379' NOTVAf/DY,VHOUTVAFSIGNATUREANO THEOR/G/NA R4/SEDSFAI.OFAFLOMO4L/CEMMWRVEYORAND14APPL9L ELaR,72 Craig D. Watson EL=79.r CRA/ ZIWWATS:N j ':, ' 2020.04.28 PROFES6/0114LSURVEYORd MAPPER ';'�'•'"-";:mil 12:57:59-04'00' NO.5647•SYA.DFALORIDA ._,. r: r oo3,3 pI U�U V'N Y ¢ TS I Izlo b o�+ Dn; o R i i R ✓OBNUTABER: 19.478 FIELD DATE' 9.18.10l9 CHECILEOBY, COW DRAWNBY. DPI( SCALP 1=48 Shc� fOFf ADDRESS 2 21537350A00000030000 BLUE SPRINGS HOLDINGS LLC 10860 SW 25TH ST DAVIE FL 33324-5606 215373SOA00000080000 H2OLDINGS LLC %CRAIG HACKL 1534 WALNUT AVENUE WILMETTE IL 60091 2153735OA0000008AOOO WRJ SALES INC 600 PACKARD CT SAFETY HARBOR FL 34695 2153735OA00000090000 GRIGSBY WILLIAM RJR 10282 PAYNE RD SEBRING FL 33875-9457 215373-50A0000009A000 GRIGSBY WILUAM RJR 10282 PAYNE RD - - - - SEBRING FL 33875-9457 2223735OA0000004AOOO CENTAURUS OASIS TWO LLC %ALEX WOLAK 16139 BISCAYNE BLVD AVENTURA FL 33160-4337 2223735OA00000090000 UNITED STATES POSTAL SERVICE 4000 DEKALB TECNOLOGY PARKWAY BUILDING 500 SUITE 550 ATLANTA GA 30340 2223735OA00000110000 NEXTTURN OKEECHOBEE LLC 1943 RIDGEMONT LN DECATUR GA 30033-4068 222373SOA0000011A000 OIEECHOBEE YF LLC 6585 MEGHAN ROSE WAY CLARENCE NY 14051 222373SOA0000013AOOO ROYALS 0 K LUNCH INC 324 SW 16TH ST BELLE GLADE FL 33430-2824 3153735021A000OOOOIO BROUGHTON LAWRENCE R 101 NE 8TH AVE OKEECHOBEE FL 34972-4508 3153735021A000000020 HADID ISAACJ 103 NE 8TH AVE OKEECHOBEE FL 34972-4508 3153735021A000000030 BOOTH JUSTIN 17099 NW 144TH AVE OKEECHOBEE FL 34972-7824 3153735021A000000040 LUCKEY CHRISTOPHER R & CYNTHIA 107 NE 8TH AVE OKEECHOBEE FL 34972 3153735021A000000050 PIERCE GEORGE P & ELIZABETH J 1101 TEMPLIN AVE BARDSTOWN ICY 40004-2545 3153735021A000000060 MARSHALL DOUGLAS R SR & BEVERL 14088 SW 144TH PARKWAY OKEECHOBEE FL 34974 3153735021A000000070 JOHNSON LORAINE K 113 NE 8TH AVE OKEECHOBEE FL 34972-4508 3153735021A000000080 BREWER MARIAN L 201 NE 8TH AVE OKEECHOBEE FL 34972 3153735021A000000090 RAYNOR CONSTANCE K 203 NE 8TH AVE OKEECHOBEE FL 34972-4506 3153735021A000OOOOE0 RIVER RUN RESORT HOA ----- - UNKNOWN 3153735021A000OOOOWO RIVER RUN RESORT HOA UNKNOWN 3153735021A000OOOIOO MECHEL PETER 172 CEDAR, AVE AC RICH MOND HILL ON L4C2A8 3153735021A000000120 VEP,ROCHI RICHARD P 33 PRINCETON ST BOSTON MA 02128-1628 3153735021A000000130 HOWARD JAMES D 2248 ICY 556 SANDY HOOK ICY 41171-8865 3153735021A000000140 BARRETT ELVIS A 208 NE 17TH AVE OKEECHOBEE FL 34972 3153735021A000OOOISO WALDRON BETTY M & WALDRON CLIF 301 NE 8TH AVE OKEECHOBEE FL 34972-4513 3153735021A000000160 HANNAN EDWARD & KATHRYN 2443 9/10 SIDE RD RR#1 NEW LOWELL, ONTARIO LOM !NO 3153735021A000000170 MINTON FREDDIE L & MINTON RUBY 302 NE 8TH AVENUE OKEECHOBEE FL 34972 3153735021A000000180 ARRIAGA FERMIN 2302 SW 3RD AVE OKEECHOBEE FL 34974 3153735021AOD0000190 DICKERHOOF PEDIE DUKE 212 NE e T H AVE OKEECHOBEE FL 34972-4504 3153735021A000000210 URDANETA JOSE A 210 NE 8TH AVE OKEECHOBEE FL 34972-4504 3153735021A000000220 CALDERON ASHLEY RYAN 30290JOSIE BILLIE HWY CLEWISTON FL 33440-9502 3153735021A000000240 GAINER FOREST RJR 142 SW 72ND TERRACE OKEECHOBEE FL 34974 3153735021A000000250 MADD ASSETS LLC 1210 SW 2ND AVE OKEECHOBEE FL 34974-5222 3153735021A000000260 SHANNON ROBERT LYNN 200 NE 8 T H AVE OKEECHOBEE FL 34972-4504 3153735021A000000270 BRUMMETT EARL VERNON 1R 1326 JORDAN LOOP OKEECHOBEE FL 34974-0275 3153735021A000000280 MAMMARELLI KELLY B 114 NE 8TH AVENUE OKEECHOBEE FL 34972 3153735021A000000290 MITCHELL SHERRY 112 NE 8TH AVE OKEECHOBEE FL 34974 3153735021A000000310 COSSIO EDMUNDO R 455 BACOM POINT RD PAHOKEE FL 33476-2401 3153735021A000000320 CANCINO JOSE LUIS 106 NE 8TH AVE OICEECI-IOBEE FL 34972 3153735021A000000330 MAMMARELLI LISA MARIE 104 NE 8TH AVE OKEECHOBEE FL 34972-4505 3153735021A000000340 MCGEE JAMES WAYNE 16060 EAST DERBY DRIVE LOXAHATCHEE FL 33470 3153735021A000000350 SUAREZ PRUDENCIO 100 NE 8TH AVE OKEECHOBEE FL 34972-0003 3153735021B000000050 HELMS ROSEMARY A 9130 FLUSH RD SAINT GEORGE KS 66535-9733 315373502113000000060 MASTALER TERRELL 401 NE 8TH AVE 3153735021B000000070 MOSHIER ROBERT R 309 NE 8111 AVE 3153735021B0000000A0 RIVER RUN RESORT HOP, UNKNOWN 3153735021B000000120 MERRY CHARLIE T JR &. 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Rsti-i_'�•' y'` p o _ +- #•f "si —� �g T a NE 13TI AVE � r Y• `SE 14TH AVEr .�..n...- _ WE 14TH AVE' _ _ - r ��' . •$ ' ^_+ ��x. •��,�'�;+y� G� � _. a. . - .� 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 and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to thiat office. I therefore attest to this Name of Applicant (printed or typed) State of Florida County of Okeechobee day of 5 // o /i") Date Sworn to and subscribed before me this i day of _ a�OZ L? Personally known to me 711 or produced as identification and did not take an oath. E Seal:E. C� COMMISSION n EXOM w ��'�.•10/14/2021.•• (y B (Rev 2/2019) Page 3 of 11 ?• .S ' r cad d - * a ; ; ;s a �. j. . Racetrac - Okeechobee EDO - :'• '` 4�." '�� . Legend • SR70 a SE 10th Avenue i + t • � •--•.-�'i { s « + � tit $ r, r f ,}'7F{ ,�%+i�v' %j e � r,t+!< nAtt # s.�;. � r_1 dirt' S .i.,w•s.�lfa•af: �, w' :{j»k r -�' 1.... �� o •' � 'AtA'E'�• � �, - r lq�n., yy : +a • • t M q ns.i'.YB - _ n�Ll�• {M���-�i+•Ae,•+Aire' ,. li- YX r sx 'ai ,� •� 1 Y �• sr. Oho � � - �?M , � ,� ,� a Or . ' '°• �h. � , ,,#+���"r� ~ _ •# w�.t lid ~ •. 4..�rA +. Sy a fT b dP'= `..Ar++�r MSS! !•� _ � i -! x �.lr:,f � * �^✓ a- 0" A" d)jC..,r ,� � t .�! 1�' _fie YAllWe t r • .13 At �,+ fy � •`A'MN311`p - yFn� lt' �-y �..^, �- •�t.,,,� �•� k .Cs ,.Tlt � � a3 M1' , o n e• •r:. �. i. �t JP ftA9_e,� Rom::. x � .s .. : =�._ --` .. !� w • t - � i`. ��.. Old �� 1 • +�Y • s7 m� ••' , �•� r c9 -�' > T _ •..,. _ --r3 ,I . 1 6th St 3- -SW '� y w �` -* . LSE-6th',L-r 6tGi . �'' -w - �� I' SE;7th St CD sLi �. ■ jj— �q. -"SE 8th-St'` E. t 9/8/2020 Okeechobee County Property Appraiser Okeechobee Coun, -sty- Fr®peet y Appraimr Mickey L. Ban,dn, CF'tj Parcel: (32896) Owner 8 Proper0 y Ora'Jo Result: 23 of 24 0-320LD1MGS ILLC Owner %DONALD J HAC:KL IWILME 1534 WALNUT AVE I TE, IL 60091 Site -- 975 NE PARK ST, OKEECHOBEE UNPLATTED LANDS OF THE CITY W1/2 OF SW 1/2, Description`` IA 7 PARCEL OF LAND DESC IN ORB 6 PG 14( 118 98 ACRES 15 37S 35E Area 18.917 AC I S/T/R 15.37-35 — NON AG ACREAGE Use Code" (9900) —Tax � District 50 "The Description above is not to be used as the Legal Description for this parcel in any legal transaction. `"The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. Property QF: Ass-asJI1Y an-1 Glues 2019 Certified Values 2020 Working Values Mkt Land $1,109,969 _ Mkt Land _ $1,219,103 Ag Land $0 Ag Land $0 Building $0 Building - $0 XFOB $0 XIFOB $0 Just $1,109,969 Just L $1,219,103 Class $0 Class $0 Appraised $1,109,969 Appraised $1,219,1 33 SOH Cap [?] $0 SOH/10% $0 Assessed $1,109,969 C` 'n [2] —� Exempt $0 Assessed I $1,219,103 - `— -`--- - - county:$1,109,969—_�—_A Exempi $0 Total city:$1,109,969 countY:$1,219,103 Taxable other:$1,109,969 Total city:$1,219,103 school:$1,109,969 Taxable other:$1,219,103 school:$1,219,103 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. `17 Sales History 2020 Working Values updated: 9/3/2020 Aerial Viewer Pictometery Google Maps 02020 02019 02018 02017 02015 OSales r - tic 7 = - J0 :► or 41 Sale Date Sale Price Book/ age Deed V/1 Quality (codes) P.Code 3/10/2004 $550,000 0525/1999 WD V U 02 (Multi -Parcel Sale) - show 10/2/19981 $170,000 0412/1349 WD _ V U 03 9/1/19921 $235,0001 0337/0811 WD V U 03 _ _ 11 /1 /19901 $0 0321/1260 CT V U i 03 112/1/19801 $150,000 C238/1030 2/1/1977t $100,000 0195/0035 9/21/19761 $01 0189/0357 --- WD WD WD V V -V Q ! Q -- U — — u 03 _ _ -- 1/1/1972 $0 0134/0013 WD V ( U 03 v Building CharacteristucS -- Bldg Sketch r Description's` Year Blt � Base SF Actual SF Bldg Value NONE 9/8/2020 Okeechobee County Property Appraiser '®' Extra Features $ Out Buildings (Codes) Code { Description I Year Blt I Value I Units 1 Dims Condition (% Good) NONE Land Breakdown I — Code Description Units Adjustments Eff Rate Land Value 067EPA E CRK-CTY 200 (MKT) 60,000.000 SF (1.377 AC) { 1.0000/1.0000 1.0000/.6500 $3 /SF $204,750 _ I .6500/.6500 i 067EPA E CRK-CTY 200 (MKT) 75,800.000 SF (1.740 AC) 1.0000/1.0000 1.0000/.7500 $4 /SF $298,462 .7500/.7500 067EPB E CRK-CTY 201 (MKT) 130,680.000 SF (3.000 AC) 1.0000/1.0000 1.0000/.4875 $2 /SF $224,116 .4875/.4875 067EPC E CRK-CTY 501/SS 557,568.000 SF (12.800 1.0000/1.0000 1.0000/.4875 $1 /SF $491,775 (MKT) AC) .4875/.4875 Search Result: 23 of 24 © Okeechobee County Property Appraiser I Mickey L. Bandi, CFA I Okeechobee, Florida 1863-763-4422 by: Grizzlyl-ogic.conn www.okeechobeepa.corn/gis/ 919 Ble-Tech ConSUI RV InC■ infoObio-techconsuiting.com Environmental and Permitting Services www.bio-techconsulting.com August 24, 2020 Eve Raymond SFWMD 3800 NW 16th Boulevard A Okeechobee, Florida 34972 Proj: Okeechobee Racetrac Site - Okeechobee County, Florida (BTC File #601-26) Re: Request for Additional Information Responses App. No. 200526-3522 Dear Ms. Raymond: The purpose of this letter is to provide the District with the environmental responses of comments for the above referenced Permit Application for the above referenced project site. 3. Have onsite inspections of wetland determinations for this site been conducted by District staff? Please contact Eve Raymond, the environmental reviewer, at 963-462-5260 ext. 3007 to arrange a field inspection if no prior inspections have been completed. Prior to the field inspection, wetland boundaries should be field staked for SFWMD staff verification and approval. In the event that jurisdictional wetlands do occur on the site, additional information related to wetlands and potential impacts to wetlands may be required to assist Staff in their review of the proposed project. A site review was conducted with Eve Raymond of the District and Daniel Gough of BTC on August 20, 2020. The reviewed and approved wetland limits are depicted on the revised site plans. The wetland totals 0.35 acres in size and per Sec. 10.2.2.1 of the A.H., no mitigation is required for the less than 0.5-acre isolated system. Furthermore, the attached UMAM illustrates the low functional value of the wetland system. Orlando Vero Beach Jacksonville Tampa lsey West David Melton, SFWMD BK Ranch Site; RAI Responses (BTC File #654-11.05) Page 2 of 3 4. Has the Applicant completed a wildlife survey for the entire project area? Please submit results of a detailed wildlife survey for the project site. In addition, please provide copies of any correspondence pertaining to the project from the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. Utilizing methodologies outlined In the Florida's Fragile Wildlife (Wood, 2001); Measuring and Monitoring Biological Diversity Standard Methods for Mammals (Wilson, et al., 1996); and Florida Fish and Wildlife Conservation Commission's (FFWCC) Gopher Tortoise Permitting Guidelines (April 2008 - revised January 2017), an assessment for "listed" floral and faunal species occurring within the subject site boundaries was conducted in August 2020. The survey covered approximately 100% of the subject site's developable area, included both direct observations and indirect evidence, such as tracks, burrows, tree markings and vocalizations that indicated the presence of species observed. The assessment focused on species that are "listed" by the FFWCC's Official Lists - Florida's Endangered Species, Threatened Species and Species of Special Concern (May 2017) that have the potential to occur in Okeechobee County. No plant species "listed" by either the state or federal agencies were identified on the subject property during the assessments conducted. The following is a list of those wildlife species identified during the evaluation of the site: Reptiles and Amphibians brown anole (Anolis sagrei) eastern racer (Coluber constrictor) Birds American Crow (Corvus caurinus) Mourning Dove (Zenaida macroura) Northern Cardinal (Cardinalis cardinalis) Mammals eastern gray squirrel (Sciurus carolinensis) nine -banded armadillo (Dasypus novemcinctus) None of the above wildlife species are identified on the FFWCC's Official Lists - Florida's Endangered Species, Threatened Species and Species of Special Concern (updated May 2017). 5. At this time, the District has not received correspondence from the Florida Department of State's Division of Historical Resources (DHR). What is the status of review by the r Rio -Tech Consulting inc. Eti ir*Y1nnC161A anaa Parmitt irig Svr%ircv Eve Raymond, SFWMD Okeechobee Racetrac Site; RAI Responses (BTCFile #601-26) Page 3 of 3 DHR? Pursuant to Section 10.2.3(f), Volume I, the District will require documentation from DHR indicating that the proposed project will not adversely affect historical or archaeological resources in order to recommend approval of this application. A request for an archaeological determination has been submitted to the Division of Historical Resources (DHR). Once the correspondence is received, a copy will be provided to District staff. Should you have any questions or require any additional information, please do not hesitate to contact our office at (407) 894-5969. Thank you. Regards, Dc� Daniel Gough Project Manager John Miklos President attachments l Bio-Tech Consulting Inc. 1•.nwir.n91V1CF%Ldb arIA Pvraveitsiatg sen irv.. fMACT LMT!I - Pl%­ ;*TTN-WIJ I III -7 -T Ak St. Nt p'. =7", V Jh0j 1936 -all I i 1p 51-41 CC N X. 7 ame- --1 r IT r- YF1 Gi. .0 -1 :w0p. VIPE C" ADA �tla AT 21"llr-CFE MA-AXIISIMPaELCIFE PEP 5" **E. MIM L Pl- kI.-S-40ph 7 le k­ i� 7. i, Source: Esr'Oiglt8lGlobbIGe5,Eye-Eqrt hsta.Ge&6raphics, CNES/Airbus DS, USDA, USGS, AeroGRIDIGN, and fhe IS•qs&TCommunity Okeechobee RaceTrac 100 N Feet Rio -Tech Consulting Inc, Okeechobee County, Florida Project #: 601-26 Environmental and Permitting Services 3025 E. South Street Orlando, FL 32803 Site Plan w/ Wetland Produced By: DBG Ph: 407-894-5969 Fax: 407-894-5970 S v,Am. bio-techconSLIlting. coin Date: 8/24/2020 TABLE 1. PROJECT WETLAND (WL) AND OTHER SURFACE WATER (SW) SUMMARY WL & SW ID WL & SW TYPE WL & SW SIZE WL & SW NOT IMPACTED TEMPORARY WL & SW IMPACTS PERMANENT WL & SW IMPACTS MITIGATION ID WL & SW TYPE IMPACT SIZE IMPACT CODE WL & SW TYPE IMPACT SIZE IMPACT CODE W-1 640 0.35 0.00 640 0.35 F PROJECT TOTALS 0.350 0.000 0.00 0.350 Comments: FLUCFCS - Florida Land Use, Cover and Forms Classification System CODES (multiple entries per cell not allowed): Wetland Type: from an established wetland classification system (see Section E, 11 lb.) Impact Type: D=dredge; F=fill; H=change hydrology; S=shading; C=clearing; O=other Reviewer: FORM NUMBER 40C-4.900(l) PART I - QUALITATIVE DESCRIPTION (See Section 62-345.400, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Okeechobee Racetrac W-1 FLUCCs Code Further classification (optional) Impact or Mitigation Site Assessment Area Size 640 Impact 0.35 Basin/Watershed Affected Waterbody (class) Special Classification (i.e. OFW, AP, other local/state/federal Name/Number designation of importance) N/A Geographic relationship to and hydrologic connection with wetlands, other surface waters, uplands Assessment area is hydrologically isolated and surrounded by disturbed uplands with mobile home park to the wes and State Road 70 to the south. Assessment area description Wetland 1 assessment area is a disturbed and isolated depression that is a monoculture of paragrass with standin water and minimal wildlife utilization. Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape) SR 70 to the south, mobile home park to the west Common Functions Mitigation for previous permit/other historic use Minimal biological functions Anticipated Wildlife Utilization Based on Literature Review Anticipated Utilization by Listed Species (List of species that are representative of the assessment area (List species, their legal classification (E,T, SSC), type of use, and reasonably expected to be found and intensity of use of the assessment area) Small amphibians and reptiles. None Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings nests, etc.): Additional relevant factors: Assessment conducted by: Daniel Gough Assessment date(s): 8-20-2020 PART II - Quantification of Assessment Area (impact or mitigation) (See Section 62-345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Okeechobee Racetrac W-1 Impact or Mitigation Assessment conducted by: Assessment date: Impact Daniel Gough 8/20/2020 Scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed Optimal (10) Moderate (7) Minimal (4) Not Present (0) Condition is Condition is less than optimal and fully optimal, but sufficient to Minimal level of support Condition is supports maintain most of wetland/surface water insufficient to provide wetland/surface wetland/surface water functions wetland/surface water water functions functions functions .500 (6)(a) Location and Landscape Support Habitat support outside of assessed area is minimal with little downstream benefits provided. Adjoining uplands have been heavily impacted through agricultural practices. Uplands have been historically cleared and graded. SR w/o pres or 70 exists to the south and a mobile home park to the west. current with 4 0 .500 (6)(b) Water Environment (n/a for uplands) System is hydrologically isolated and only retains rainfall form the immediate area. w/o pres or current with 3 0 .500 (6)(c) Community structure 1. Vegetation and/or 2. Benthic Community Vegetation is a monoculture of paragrass w/o pres or current with Score = sum of above scores/30 If preservation as mitigation, (if uplands, divide by 20) Preservation adjustment factor = w/o pres or current with Adjusted mitigation delta = 0.3000 0.0000 If mitigation Delta = [with current] E- For For mitigation assessment areas RFG = delta/(t-factor x risk) _ ,f PPo]IEL: LYTS A'-r .4: ' }�—..p ----------as r>•r>•iTiN�•6I6s111r_ �� aM�a�l�s�� _ tr���,� _ �� - - _ 1. III � fill, • 1 �� i 1 —_— II 11 - 1 ,: — —► J ; air lit 1{rF T Dial _'1z it r i rmr m•..^cHrn 1 ,. 1 1 ram- :.)"_ I # •flU:llM v. Rt.1. _ p�mumsp, ti — 13 IC/1.i'1Wi-"X1I � �Z]- � S.M 4 ��r _ —}• a' y y -I T R/la _� oT 1 �71AAr _-, J• - y c7I. �i-, - AT 1 e7 WELOPE aH - - a•ffE- ^7 f- .✓Ul�fyP1A PEn rDOT,WlEv p 11 � _ _ ,� •?i . a.ro�=cwK f'+n ek � � '�cspnr n:rvPF r429 tin0,• �r ... -� •:t L »¢r[•lea�[Jfc 1-�Y�ir-JN1+ r1 ww o, , 7,].Yg - Aw"W"M°F' r u rr SourceEsr DigitalGlobe CeoFye_ Earthstar Geographics CNES/Airbus DS USDA us GS. AeroGRID, IC N and the GIS�USer�Community C)l:'_'echohcc RaccTrac too Bio-Teen GonolfingIn et OLccchc���ce Count. 1 lorida _ 1�tr,��cr #: CrO1-FeFe Environmental and Permitting S_rvices 7 F 26 3025E South Street Orlando, FL 3280;3 Sttc flan L\••/ Ved"InCl PrOCIUCcd I�V': l�f3Lr F'h_ 407-894-5959 Fax 407-894-5970 s vrwv- bio-techconsulting -corn thtc: g12412020 Staff Report Special Exception Request Parcel ID: 2-15-37-35-OA00-00007-0000 Description: Convenience Store with Fuel Pumps Prepared for: Applicant: Petition No.: The City of Okeechobee RaceTrac Petroleum Inc 20-005-SE Staff Report Applicant: RaceTrac Petroleum, Inc Conv. Store w/ Fuel Pumps Special Exception Request Petition: 20-005-SE General Information RaceTrac Petroleum Inc Applicant�a." 200 Galleria Pkwy SE, Suite 900 y, Atlanta, GA 30339 1-12oldings LLC Owner 1534 Walnut Ave Wilmette, IL 60091 Site Address SR 70 (975 NE Park St) Parcel Identification 2-15-37-35-OA00-00007-0000 Contact Person Samantha Jones, Engineering Project Manager Contact Phone Number 770A31.7600 Contact Email Address sjones@racetrac.com For the legal description of the project or other information regarding this application, please refer to the application submittal package which is available by request at City Hall and is posted on the City's website prior to the advertised public meeting at iittps://vvww.c;ityofokeechobee.com/agetidas.fiti-n�, Existing Future Land Use Commercial Zoning District Heavy Commercial (CHV) Use of Property '' Vacant Acreage 18.86 Proposed Commercial Heavy Commercial (CHV) RaceTrac Gas Station and Convenience Store 18.86 The matter for consideration by the City of Okeechobee Board of Adjustment is an application for a Special Exception to allow a convenience store with fuel pumps in the heavy commercial zoning district. This site plan was previously approved by the Technical Review Committee and the Board of Adjustment previously approved a special exception for a convenience store with fuel pumps for this same project in May of this year. That previous special exception approval included several conditions: 1. No overnight truck parking allowed 2. No showers allowed planning Staff Report Applicant: RaceTrac Petroleum, Inc Conv. Store w/ Fuel Pumps Special Exception Request Petition: 20-005-SE 3. An 8 ft perimeter wall must be built along the western boundary of the site starting at the southern boundary of the River Run Resort, extending to the southern boundary of the subject site water retention area. 4. Increased landscape buffer provided along the western boundary between River Run Resort and the subject site water retention area. 5. Any future development of the subject parcel along the boundaries of the River Run Resort must continue the 8 foot perimeter wall. Since that Board of Adjustment meeting in May, the Applicant has made substantial revisions to the site plan. Along with this special exception request, the Applicant is requesting a new site plan approval from the TRC and another special exception approval for drive through service from the Board of Adjustment. Changes to the site plan include: • Larger development area footprint on the parcel. • Drive through service added • The floor area convenience store has been increased from 5,411 to 8,100 square feet. • One additional semi -truck fueling station • Truck scale added The reason the applicant has reapplied for the special exception request for a convenience store with fuel pumps is to request that the condition of no overnight truck parking be removed. The Applicant has now stated that they would like to allow overnight truck parking. After discussing this issue with City staff, it seems this condition is problematic. The condition lacks specificity as "overnight" is not defined as a length of time or a time period in the day. Additionally, even if "overnight" were better defined, the condition could prove to be difficult and time consuming for the City to enforce. The police department would be responsible for regular checks on parked trucks every evening. And ultimately, if it is determined that trucks are parking overnight, it is unclear what enforcement actions the City should take. 9,10112-91 IN lip, _32-114 Future Land Use A�Single Family Residential North Zoning District rA,w' Residential Mobile Home (RMH)�' Existing Use` " River Run Resort Mobile Home Park Future Land Use East Zoning District Existing Use Future Land Use South Zoning District Existing Use Future Land Use West Zoning District Existing Use Commercial Heavy Commercial (CHV) Vacant Commercial ' Heavy Commercial (CHV) Zaxby's Restaurant, Family Dollar Store, US Post Office Single Family Residential Residential Mobile Home (RSF-1) Manufactured Home Sales Center & River Run Resort Mobile Home Park I"Ku, 2 p'lannmg Staff Report Applicant: RaceTrac Petroleum, Inc Conv. Store w/ Fuel Pumps Special Exception Request Petition: 20-005-SE 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 information 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 Aria] typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. APPLICANT RESPONSE: As aforementioned, the applicant is proposing to add a new RaceTrac Gas Station & Convenience Store along the SR 70 corridor. RaceTrac is considered a modern convenience store that provides the public with many products and choices to its consumers. The purposed of this special exception request is to revise the previously approved special exception for the 5,411 sf convenience store with gasoline sales. The special exception was approved on May 21 st, 2020 with a condition that no truck overnight parking would be allowed on -site. Since the approval, RaceTrac has revised the Site Plan to convert this location to a "Travel Center" due to its lot size. The most obvious difference is a larger convenience store (8,100 SF) that will appeal to interstate travelers along SR-70 as well as local traffic. The site is located on SR-70 which is a major transportation corridor through the City of Okeechobee and the applicant does not want to prohibit overnight truck parking at the site and possibly offer overnight truck parking as an additional service to truck users. The site plan has been carefully designed to separate trick use and truck parking area to maintain access, safety, and circulation for all customers. STAFF COMMENTS: The Applicant is planning to purchase the subject property and construct the RaceTrac gas station and convenience store in the southwest corner of the parcel (shown as parcel 1 on the survey). At this time, the Applicant is not proposing any development of the remaining area of Parcel 1 and those areas will continue to be vacant commercial property to the north and east of the RaceTrac development site until new development is proposed. It is important to note that, despite the fact that the currently proposed development area is only a portion of the subject property, the applicant has applied for this special exception with a legal description that encompasses all of the subject property (parcel 1). If approved, this special exception to allow a convenience store with fuel pumps will apply to the entirety of parcel 1. Thereby, we will discuss the appropriateness of the location with regard to the entirety of parcel 1. The proposed location on SR-70 near the eastern boundary of the City will provide access to fuel and convenience goods along a heavily traveled roadway without encroaching on the City's central business district. The site is of sufficient size to allow adequate interior circulation and buffering of the adjacent residences. This is an appropriate location for a gas station and convenience store. Parcel 1 has approximately 674 feet of frontage on the north side of SR-70 with retail, restaurant and governmental uses existing across SR-70 to the south. The property to the east is entirely vacant commercial property. An existing manufactured home sales facility fronts on SR-70 to the west and an established manufactured home residential neighborhood exists to the west and north. The existence of the residential neighborhood to the west and north was the primary reason that the Board members cited in their reasoning to place the conditions on their previous approval, including the condition of no overnight truck parking. planning Staff Report Applicant: RaceTrac Petroleum, Inc Conv. Store w/ Fuel Pumps Special Exception Request Petition: 20-005-SE (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. APPLICANT RESPONSE: The proposed use will better serve the public along a major transportation corridor without compromising the appeal of the surrounding area with an appealing building appearance that is above the average gas station design. The proposed use is compatible with adjacent uses as Heavy Commercial is the predominant zoning classification along the SR-70 corridor and can still offer services to the adjacent residential properties. STAFF COMMENTS: The main compatibility concern for this use is the existing residential neighborhood to the west and north. However, the site plan depicts an ample landscape buffer proposed on the west side which exceeds the minimum landscape buffer requirements provided in the City's Code. Additionally, the revised site plan depicts an 8 foot tall wall to be provided along the western boundary of the site starting at the southern boundary of the River Run Resort, extending to the northern limit of the development site. (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. APPLICANT RESPONSE: Landscape techniques to visually screen the proposed fuel station use from the adjacent uses include a privacy wall running to the west of the property along the proposed development. Additionally, the provision of dense, native plantings that form a continuous buffer at the Western perimeter. Specifically, a Walter's Viburnum hedgerow and a staggered arrangement of Live Oak, Sweetgum, & Red Maple trees, provided at an average of 20 feet on center consistent with Code requirements, serve to buffer views from the neighboring residential uses, while also occasionally integrating existing Sabal Palms to be retained. Along the SR 70, an Inkberry hedgerow, in addition to layers of compact Firebush, Yaupon holly, and muhly grass, among other shrubs & groundcovers, screen the vehicle use area & add visual interest to the frontage & roadway corridor, while Live Oak, Dahoon Holly, Red Maples offer filtered views of the site. To the North & East, continuous Walter's Viburnum hedges extend along the perimeters to isolate the areas of proposed development from the remainder of the parcel that is not to be affected. Existing natural vegetation typical of Mesic Hammock plant communities loosely define the extents of the property. STAFF COMMENTS: The applicant's description of the proposed landscaping is consistent with the submitted site plan. The 8 foot tall wall will provide a solid buffer between the adjacent residences to the west. The Walter's Viburnum hedge is depicted around the entirety of the hardscaped portion of the development site (excluding the water retention area) and the species is known for growing into tall hedges up to 15 feet tall, depending on care. (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. APPLICANT RESPONSE: Gas stations with convenience stores often get associated with crime and loitering. RaceTrac is aware of these issues and have devoted to change this idea by incorporating standards in all their new buildings beginning with the building appearance to providing actual security measures throughout the site design. The Applicant has devoted special attention to the building's elevations by incorporating brick and stone elements with dark bronze accents in combination with brand colors to give the building an attractive modern aesthetic above the typical gas station elevations 1-AKy- 4 planning Staff Report Applicant: RaceTrac Petroleum, Inc Conv. Store w/ Fuel Pumps Special Exception Request Petition: 20-005-SE to provide an inviting appearance to all travelers. Once inside the building, the open floor plan together with the location of the cash wrap will be able to give the attendant a clear visual throughout the store. The idea is to create an environment where customer activity and open concept will deter crime through natural surveillance. In addition to natural surveillance techniques present throughout the site, RaceTrac is equipped with a 24-hour surveillance system both inside and outside of their stores. In addition, all RaceTrac facilities are company owned and operated so that the maintenance of the property and the quality of the service will be consistently at the highest industry standards. If approved, this site will provide 24-hour service to all users. By maintaining operation, the site will provide "natural surveillance" even during the later hours of the night when this sort activity often occurs. STAFF COMMENTS: None. (5) Demonstrate how the utilities and other service requirements of the use can be met. APPLICANT RESPONSE: The applicant will be working with the Okeechobee Utility Authority for water and sewer services and with South Florida Water Management District for the drainage of the property. All utility services will be designed and constructed according to the standards and approval of the corresponding jurisdictional authority. Based on preliminary conversations, there are a means of providing these services to the applicant STAFF COMMENTS: None (6) Demonstrate how the impact of traffic generation will be handled off site and on -site. APPLICANT RESPONSE: The site has been designed to provide a long drive-thru area that provides sufficient stacking for the drive-thru use so that the remainder of the site will not be affected when the drive-thru begins to back up. Additionally, the site plan has been carefully designed to separate truck use and truck parking area to maintain access, safety, and circulation for all customers. Diesel is also offered in the standard fuel pumps so that light/medium trucks may still fuel in this area without the need to go to the diesel canopy. Site design also includes 40' wide drive aisles between the parking and fuel areas so that there would be enough space to maintain circulation should the site get congested, there is sufficient room to allow vehicles to go around the queuing vehicles. The applicant is currently working with FDOT to see what off -site improvements will be required to provide a signalized left turn lane for the east bound travelers along SR 70. We will continue working with FDOT throughout the permitting process. STAFF COMMENTS: Mackenzie Engineering prepared a revised traffic assessment for the revised site plan which recommends that modifications will be necessary to the roadway and traffic light at the intersection with SE 10"' Ave. The Applicant is in contact with the Florida Department of Transportation as well as the City's public works director to coordinate these improvements. 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. Identified deficiencies are highlighted. L-KR - 5 planning Staff Report Applicant: RaceTrac Petroleum, Inc Conv. Store w/ Fuel Pumps Special Exception Request Petition: 20-005-SE (1) The use is not contrary to the Comprehensive Plan requirements. APPLICANT RESPONSE: The requested special exception is consistent with the Goals, Objectives and. Policies of the Comprehensive Plan in that the RaceTrac Market use will better serve the public along a major transportation corridor without compromising the appeal of the surrounding area. Additionally, as a vacant and underutilized property, the project will develop an infill area with a project that is compatible with other heavy commercial uses along the SR 70 corridor. STAFF COMMENTS: Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas and shall discourage urban sprawl. This property fronts on SR-70 (Park Street), which is one of the City's commercial corridors. The commercial corridors are appropriate locations for non-residential uses. Additionally, this site is located near the eastern boundary of the City outside olthe central business district. Allowing a convenience store with fuel pumps is appropriate in this location and consistent with the established pattern of land uses within the City. With appropriate buffering, it is also compatible with the adjacent residential use. (2) The use is specifically authorized as a special exception use in the zoning district. APPLICANT RESPONSE: As per Sec. 90-283 (1), this proposed development (convenience store w/ drive-tru service and with fueling positions) is an allowed use within Heavy Commercial zoned areas with a special exception approvals. STAFF COMMENTS: City Code Section 90-283 specifically lists convenience store with fuel pumps as a special exception use in the CHV heavy commercial zoning district. (3) The use will not have an adverse effect on the public interest. APPLICANT RESPONSE: The proposed RaceTrac development will not have an adverse effect on the public interest as the RaceTrac is intendent to offer gasoline services as well as extend food and beverage offerings to both nearby residents as well as pass by travelers and the drive-thru service will benefit the public to make RaceTrac's offerings more accessible. STAFF COMMENTS: It is in the public interest to have access to convenience goods and fuel along major travel routes such as SR-70. It is also in the public interest to allow development which provides an increase in the tax base. This use should not have an adverse effect on the public interest. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. APPLICANT RESPONSE: The proposed use is compatible with adjacent uses as Heavy Commercial is the predominant zoning classification along the SR-70 corridor and approval of this special exception will maintain land use consistency in this area and additionally be able to provide drive-thni service of RaceTrac's offerings to the public. 6 planning Staff Report Applicant: RaceTrac Petroleum, Inc Conv. Store w/ Fuel Pumps Special Exception Request Petition: 20-005-SE STAFF COMMENTS: This property fronts on SR-70 (Park Street), which is one of the City's commercial corridors. The commercial corridors are appropriate locations for non- residential uses. Additionally, this site is located near the eastern boundary of the City outside of the central business district. Allowing a convenience store with fuel pumps is appropriate in this location and consistent with the established pattern of land uses within the City. With appropriate buffering, it is also compatible with the adjacent residential use. (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. APPLICANT RESPONSE: The proposed RaceTrac should not adversely affect property values or living conditions. On the contrary, the development of this property will promote infill to currently vacant surrounding properties that are zoned for commercial uses. Commercial amenities and services help drive residential. interest. More specifically, food and gasoline services help travelers stop and rest to recharge after hours of driving or drive-thru service that can also positively affect nearby businesses and other services offered in this area. STAFF COMMENTS: It is possible that allowing the applicant to develop this use will not deter but, instead, encourage development of the vacant property to the east. Conversely, it is possible that property values and living conditions for the nearby residences could be affected, as additional noise is likely to be generated by this use, which is proposed to operate 24 hours per day. The large truck fueling and parking area is located adjacent to these existing residences. The current site plan includes an 8 foot tall privacy wall along the west property line as well as a landscape buffer around the entire perimeter of the development site that should minimize these potential effects. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. APPLICANT RESPONSE: The proposed development is far exceeding any buffer and setback requirements form the adjacent properties. Additionally, the applicant will be proposing a privacy wall along the western boundary to help screen the adjacent residential properties from the daily operations of the RaceTrac. STAFF COMMENTS: The existing residences to the north and west represent the main concern for negative impacts on surrounding uses. The large truck fueling and parking area is located adjacent to these existing residences and is likely to generate noise 24 hours per day. To mitigate these impacts, the applicant is proposing an 8 foot wall on the west property line along with a landscape buffer around the entire perimeter of the development site. (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. APPLICANT RESPONSE: The primary traffic that the proposed RaceTrac development is intended to capture are nearby residents as well as pass -by commuters/travelers, therefore the proposed should not create an overburden to public facilities such as schools, streets, and utility services. STAFF COMMENTS: This non-residential development will not impact the public school adopted levels of service and there is sufficient utility capacity to accommodate the planning Staff Report Applicant: RaceTrac Petroleum, Inc Conv. Store w/ Fuel Pumps Special Exception Request Petition: 20-005-SE proposed development. A traffic impact statement has been provided which concludes that roadway and traffic signal modifications will be necessary to accommodate the increase in vehicle trips generated by this project. Those improvements are being coordinated by the Applicant with the Florida Department of Transportation and with the City's Public Works Director. 8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. APPLICANT RESPONSE: The proposed use should not create traffic congestion, flooding, or drainage problems, or otherwise affect public safety. We are currently working with FDOT on the access to the property and will continue to do so to provide any traffic measures as required to provide a satisfactory level of service as well as a safe operation of traffic to and from the RaceTrac. We will also continue to work with the water management district to design the site according to all applicable rules and regulations so that there are no adverse impacts to public safety. STAFF COMMENTS: Drainage improvements, including a water retention area at the rear of the project, are included in the site plan. Public safety should not be affected by this project. Based on the foregoing analysis, the requested Special Exception is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. We recommend approval of the Special Exception request for a new convenience store with fuel pumps along with conditions that are either enforceable as features of the development or that provide specific parameters and enforcement actions. The revised site plan submitted for review by the Technical Review Committee does include an 8 foot wall along the western boundary of the development site and a significant landscape buffer at the rear of the development site; both of which were features that were required by the Board of Adjustment as conditions of their previous special exception approval. If the Board agrees to re - approve this special exception request, the Board may wish to consider the following conditions: 1. Approval is contingent upon the applicant providing, at a minimum, the buffering features as depicted in the current draft of the site plan. 2. No showering facilities shall be constructed as part of this development. 3. Future development of the subject parcel adjacent to the boundaries of the River Run Resort must provide an 8 foot tall perimeter wall. Submitted by: Ben Smith, AICP October 6, 2020 Board of Adjustment Hearing: October 15, 2020 Attachments: Future Land Use Map, Zoning Map, and Aerial Map L:,K„< 8 planning Staff Report Applicant: RaceTrac Petroleum, Inc Conv. Store w/ Fuel Pumps Special Exception Request Petition: 20-005-SE �T9—QA N.F. STH ST NE AT" ST FUTURE LAND USE SUBJECT SITE AND ENVIRONS t3- U 52 q. 3�t CT- 47 0. 7H IPF-0] 'LAND USE CLASSIFICAMNS lotline SINGLE - FAMILY RESIDENTIAL MIXED USE RESIDENTIAL MULTI - FAMILY RESIDENTIAL COMMERCIAL INDUSTRIAL PUBLIC FACILITIES EASEMENT RAILROAD CENTERLINE HOPKINS MEANDER LINE UNINCORPORATED K,!c 9 planning Staff Report Applicant: RaceTrac Petroleum, Inc Conv. Store w/ Fuel Pumps Special Exception Request Petition: 20-005-SE ZONING SUBJECT SITE AND ENVIRONS --� - ..-. q•, •J N.E. iH _T -_ � /�,�� ji / �// - 1 V Jls ..1_15 I �J r 4j Subject116 I� { x Parcel ST - r f ZJ WI Q- Development Z t.._.. 12 z Site I' f - 3T a 1 9 i t 6-40 = _ 2L21 17 LLI • i t .• 0- .• - u • µ ZONING La - l _ �: r .. <.............. . �.R�� 10 ptanni-ng Staff Report Applicant: RaceTrac Petroleum, Inc Conv. 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