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2021-04-15 (BOA)�� l�P,�' �41 �� `O � �: , ,,,� _ - �� •--..,,,,,.,�� I�ITY OF OKEECHOBEE, FLORIDA �OARD OF ADJUSTMENT MEETING APRIL y 5, 2021 SUMMARY OF BOARD ACTION I. CALL TO ORDER Chairperson Hoover cail�d the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, April 15, 2021, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance. II. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Vice Chairperson Doug McCay, Board Members Karyne Brass, Rick Chartier, Felix Granados and Mac Jonassaint wern present as well as Alternate Board Members Joe Papasso and Jim Shaw. Board Member Phil Baughman was absent with consent. Chairperson Hoover moved Alternate Board I��ember Papasso to voting position. III. AGENDA A. There were no items added, deferred, or withdrawn from the agenda. B. Motion by Board RAember Brass, seconded by Vice Chairperson McCoy to approve the agenda as presented. Motion Carried Unanimously. IV. M9NUTES A. Motion by Board 1�1ember Brass, seconded by Vice Chairperson McCoy to dispense with the reading and approve the March 18, 2021, Board of Adjustment Regular Meeting minutes. IMotion Carried Unanimously. V. CHAIRPERSON HOO`VER OPENED THE QU,ASI-JUDICIAL PUBLIC HEARING AT 6:03 P.M. A. Special Exception Petition No. 21-004-SE. 1. No Oath for testimony was administered. 2. City Planning Consultant Smith reviewed the Planning Staff Report recommending approval. 3. The property owner did not attend. 4. No public comments were offered. 5. No Ex-PartE� disclosures were offered. 6. Motion by Board Member Chartier, seconded by Alternate Board Member Papasso to approve Special Exception Petition No. 21-004-SE which requests tc� allow drive-through service in a Heavy Commercial Zoning District, (RE�f. Code Sec. 90-283 (1)) located at 104 SE 6th Street for the proposed use of a drive-up window for an existing restaurant with the following special conditions: the design and operation continue with no intercom system, and that primary use of the window shou�d be for payment and pickup of orders. Motion Carried Unanimously. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:17 P. �111. VI. Chairperson Hoover adjourned the meeting at 6:17 P.M. Sub itted by: I�� h��-#� Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Board of Adjustment 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. April 15, 2021 Board of Adjustment Meeting Page 1 of 1 CITY OF OKEECHOBEE, FLORIDA APRIL 15, 2021, BOARD OF ADJUSTMENT MEETING HANDWRITTEN MINUTES BY PATTY BURNETTE I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, April 15, 2021, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Chairperson Hoover. 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 Montes De Oca City Planning Consultant Ben Smith Board Secretary Patty Burnette General Services Secretary Yesica Montoya Executive Assistant Robin Brock PRESENT ✓ � ✓ ✓ �j ,% ✓ ✓ � � ABSENT ✓ : ,,} Vv�f � ✓� �� T"}' ; �; ,;; � r± ; � � ✓ � � III. AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were n�)�'"� : B. Motion by Board Member �,�C1S:.� , seconded by Board Member iYiC''r,; ,� to approve the agenda as presented. � Chairperson Hoover '� Vice Chairperson McCoy '/ Board ..-- Members Baughman r• ��`; Brass f Chartier ✓��, Granados E`��, Jonassaint °`� . Motion Carried/Denied. ��, � � �'; �%, !� "�, ' � - � _ IV. MINUTES A. Motion1e by Board Member �-��' �� , seconded by Board Member �'�' `' �'' ;` to dispense with the reading and approve the March 18, 2021, Board of Adjustment Regular Meeting minutes. Chairperson H,00ver ",- Vice Chairperson McCoy �`J,' Board Members Baughman«`'��'`,r Brass � Chartier �--� ; Granados �- �, JonassaintG-�"f . Motion Carried/Denied. .�� ; , � '� - ,_� V. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT �� , � A. Special Exception Petition No. 21-004-SE. 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. 1 k .. . . �+f' y�r P. Burnette Handwritten Minutes, April 15, 2021, Page 1 of 4 2. City Planning Consultant Smith briefly reviewed the Planning Staff Report for Special Exception Petition No. 21-004-SE which requests to allow drive-through service in a Heavy Commercial (CHV) Zoning District, (Ref. Code Sec. 90-283 (1)) located at 104 SE 6t" Street for the proposed use of a drive-up window for an existing restaurant. Bucio Chinese Restaurant has 5 employees with hours of operation from 11:00 am to 9:00 pm, 7 days per week. The property is designated Commercial on the Future Land Use Map (FLUM) and zoned CHV. City Code Section 90-283(1) lists "drive-through service" as a special exception use in the CHV district. The property is approximately 0.462 acres, with an existing 2,260 square foot structure built in 1977. A window on the east side of the building has been used for drive-through service in the past and a drive-through service Special Exception use was previously approved for this property in 2005 (Application 05-002-SE). However, business tax receipt records indicate that there has been at least one discontinuance of the restaurant use (for at least 180 days) since that Special Exception approval in 2005. Therefore, according to City Code section 90-373(f), a special exception must be approved again before the drive-through service use can legally continue. Planning Staff's responses to the Applicant's presentation on consistency with the Land Development Regulations (LDR's) are, the proposed use is specifically listed as a Special Exception in the CHV Zoning District. This structure appears to have been used as a restaurant since its construction in 1977. As the City does not have the original building plans or site plans on file, it is not clear whether the drive-up service window was part of the original plans and operations. However, through a County records request staff was able to obtain a building permit application from 1992 for an expansion of the existing structure. That application includes a site plan depicting the drive through as existing at that time. Additionally, a drive-through service special use exception was approved at this site in 2005. The location of the existing drive-up window on the East side of the building is not optimal, but there appears to be space for approximately 3 vehicles to stack on site between the South property line and the drive-up window. However, since there is no drive-through intercom system, ordering will likely take place prior to patron arrival and the window will be primarily used for pickup and payment of food. There are 19 on-site parking spaces (one of which contains the dumpster) as well as 6 parking spaces which are partly on-site and partly in the right-of-way which patrons can pull into while waiting for their orders. So, while it is conceivable that vehicle stacking could extend into the right-of-way, it should not occur on a regular basis. Additionally, since there are residential uses located adjacent to the side of the building where the drive-up window is located, the lack of an ordering intercom is a positive feature that will eliminate the noise generally associated with such systems. To be sure, staff contacted code enforcement, who reported that there have been no complaints about traffic backing up on 104 SE 6t'' Street. The property to the immediate North of the subject property is designated as Commercial (C) on the FLUM and zoned Commercial Professional Office (CPO) with the use being that of an office. The property to the East is designated Single Family (SF) Residential on the FLUM and zoned Residential Single Family One (RSF1) with the use being that of a residence. The property to the South is designated C on the FLUM and zoned RSF1 with the use being that of a Church/School. The property to the West is designated C on the FLUM and zoned CHV with the use being commercial businesses. The property is legally nonconforming to the current landscape standards. If the board determines that it is necessary, the addition of landscaping in the parking lot islands and along the perimeter could be made a condition of approval of this request for a drive-through service special use exception. Doing so would provide some buffering of the drive-up area, parking area, dumpster and outdoor freezer/storage enclosure. The applicant is not proposing any improvements at this time and there should be no nuisances generated by the drive-up service. There are existing utility services to the property. The proposed use should not generate an increase in the intensity of the use as the restaurant and the drive-up window have been in operation for many years. P. Burnette Handwritten Minutes, April 15, 2021, Page 2 of 4 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. There should be no adverse effects on the public interest by allowing a new business to continue using this existing drive-up window. The continued use of the drive-up window is appropriate in this location, compatible with adjacent land uses and should not affect prevailing land use patterns. Approving the use of this drive- up window should not affect property values or living conditions and should not deter development/redevelopment of adjacent property. There is currently very little on-site landscaping, though there also should not be many impacts created by the proposed use of the drive-up window that would require screening. Headlights of vehicles waiting at the window should face north towards the office uses and should not point towards the adjacent single-family homes for any significant period of time. Since there is no intercom ordering system, there should not be a significant level of noise created either. There is no residential component of the Applicant's request that should affect density or demand on public school capacity. The proposed use should not create any flooding or drainage problems or public safety. Based on the foregoing analysis, Planner Smith is recommending approval of the requested Special Exception Use as it is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area with the conditions that design and operation continue with no intercom system, and that primary use of the window should be for payment and pickup of orders. '— � �' I�, (,�JpC� �r'Cl�..t�d:.;r� ��L't�°3"i �'"�►y- °� d� rs_��fi�� YG!r.� �i� �YI�'/i-l�►� j rd �. � ::..� . ,�� r�_ ��> � fF � r�c��,�.� �F,��, � � f � � � � �� e � 4' � . { � f �A �x r��i"'� �'titi � � � � � ^ � 1�,k,�('D;� _ � � ..� . . f��' �. � ,,w � �'. � � � � ; ��: ,. . h � � � �� y��.. �a , , ' � f ; �,,, �. f;" s � ��::(�(�� `��, �, �(�-- �' �/�.y� �.�:.: r � ,�r� �r�� ; �� 4� �:_� �� '� (iU,��Ct fr'= �� Q � ��.� ��1��=� � � . Ct�'� �� r � �� r,,�ty � ` �v��-� ��,.e... ��-�� '��Q"� i . ' � �.� S ��-�<f.�.. � � a� `'�' �� m .� , , , ,_ �� (/ � (�� (�.�'�t/t�'�E� � �d l,�r, G �'� � � ��-��° ,�,� �� , �� -,�Y� � �; �� 4.' ``,� � " �� tt �` �(}��n r� , ;�a � ' � �. f° �; � F;�.�_. ar�� C; i r� ,. , � �:. i ., � �� _,. .. � �` ti,g�l��,� � k `# °�' � 'i f _ , � ``` ✓ ) � �,� i �° � _ ` f,' �"`?;.l . "- � � �� Fi_ r`d:^.� s E �'!�,t,�`�% � ^ n', f `F' ; ti'r'r �- (,� �'�F � , o� � w�..i < � �,� ra }r � , �� r�(,;•; ��. - f��n�� m— � �� :1� �na U� � n � �i , �, �; , J ✓0- �•� �;'�C�..� r 4�. .:��:__�.� `�� _ � r � �l,_ � f � � �'- - }'-�� , � � i � 3. ' was present and available for questions on behalf of Property Owner, .B -ryan-Family-Commercial Property_LLC. _ P. Burnette Handwritten Minutes, April 15, 2021, Page 3 of 4 4. No public comments were offered. 5. No Ex-Parte disclosures were offered. � ��,; }� .�� ;��t 6. Motion by Board Member , seconded by Board Member f�' to approve Special Exception Petition No. 21-004-SE which requests to allow to allow drive-through service in a CHV Zoning District, (Ref. Code Sec. 90-283 (1)) located at 104 SE 6t" Street with the following s.�ecial conditions: the design and operation continue with no intercom system, and that primary use of the window should be for payment and pickup of orders. �,- _- Chairperson . Lioover '/ Vice Chairperson McCoy , Board .-Members Baug hman�``''`F, Brass �, C hartier l. ; Grana dos f-�; Jonassaint '�. Motiox� Carried/Denied. ��:; � � V��- � � -"-`- ; ,;. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT �p : l�i VI. Chairperson Hoover adjourned the meeting at �� P.M. P. Burnette Handwritten Minutes, April 15, 2021, Page 4 of 4 � 4 CITY OF OKEECHOBEE, FLORIDA APRIL 15, 2021, BOARD OF ADJUSTMENT MEETING HANDWRITTEN MINUTES BY P��-T�-B�1RfVE�T-Ey��SICfl �o�'��Y� I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, April 15, 2021, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Chairperson Hoover. 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 Montes De Oca City Planning Consultant Ben Smith Board Secretary Patty Burnette General Services Secretary Yesica Montoya Executive Assistant Robin Brock ABSENT �- ; s� �. ;,�; ;�, P�.�-��' `� � � ,. x ,y;' III. AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were B. Motion by Board Member , seconded by Board Member , �. �; to approve the agenda as presented. , Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman , Brass , Chartier , Granados , Jonassaint . Motion Carried/Denied. . IV. V. A. Motion . by Board Member ��"'` "�� , seconded by Board Member �� c° '�..` �, ,�� '. to dispense with the reading and approve the March 18, 2021, Board of Adjustmertt' Regular Meeting minutes. MINUTES Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman , Brass , Chartier , Granados , Jonassaint . Motion Carried/Denied. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT �. A. Special Exception Petition No. 21-004-SE. 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. y�. t�c... Handwritten Minutes, April 15, 2021, Page 1 of 4 PRESENT �� " 2. City Planning Consultant Smith briefly reviewed the Planning Staff Report for Special Exception Petition No. 21-004-SE which requests to allow drive-through service in a Heavy Commercial (CHV) Zoning District, (Ref. Code Sec. 90-283 (1)) located at 104 SE 6t" Street for the proposed use of a drive-up window for an existing restaurant. Bucio Chinese Restaurant has 5 employees with hours of operation from 11:00 am to 9:00 pm, 7 days per week. The property is designated Commercial on the Future Land Use Map (FLUM) and zoned CHV. City Code Section 90-283(1) lists "drive-through service" as a special exception use in the CHV district. The property is approximately 0.462 acres, with an existing 2,260 square foot structure built in 1977. A window on the east side of the building has been used for drive-through service in the past and a drive-through service Special Exception use was previously approved for this property in 2005 (Application 05-002-SE). However, business tax receipt records indicate that there has been at least one discontinuance of the restaurant use (for at least 180 days) since that Special Exception approval in 2005. Therefore, according to City Code section 90-373(f), a special exception must be approved again before the drive-through service use can legally continue. Planning Staff's responses to the Applicant's presentation on consistency with the Land Development Regulations (LDR's) are, the proposed use is specifically listed as a Special Exception in the CHV Zoning District. This structure appears to have been used as a restaurant since its construction in 1977. As the City does not have the original building plans or site plans on file, it is not clear whether the drive-up service window was part of the original plans and operations. However, through a County records request staff was able to obtain a building permit application from 1992 for an expansion of the existing structure. That application includes a site plan depicting the drive through as existing at that time. Additionally, a drive-through service special use exception was approved at this site in 2005. The location of the existing drive-up window on the East side of the building is not optimal, but there appears to be space for approximately 3 vehicles to stack on site between the South property line and the drive-up window. However, since there is no drive-through intercom system, ordering will likely take place prior to patron arrival and the window will be primarily used for pickup and payment of food. There are 19 on-site parking spaces (one of which contains the dumpster) as well as 6 parking spaces which are partly on-site and partly in the right-of-way which patrons can pull into while waiting for their orders. So, while it is conceivable that vehicle stacking could extend into the right-of-way, it should not occur on a regular basis. Additionally, since there are residential uses located adjacent to the side of the building where the drive-up window is located, the lack of an ordering intercom is a positive feature that will eliminate the noise generally associated with such systems. To be sure, staff contacted code enforcement, who reported that there have been no complaints about traffic backing up on 104 SE 6t" Street. The property to the immediate North of the subject property is designated as Commercial (C) on the FLUM and zoned Commercial Professional Office (CPO) with the use being that of an office. The property to the East is designated Single Family (SF) Residential on the FLUM and zoned Residential Single Family One (RSF1) with the use being that of a residence. The property to the South is designated C on the FLUM and zoned RSF1 with the use being that of a Church/School. The property to the West is designated C on the FLUM and zoned CHV with the use being commercial businesses. The property is legally nonconforming to the current landscape standards. If the board determines that it is necessary, the addition of landscaping in the parking lot islands and along the perimeter could be made a condition of approval of this request for a drive-through service special use exception. Doing so would provide some buffering of the drive-up area, parking area, dumpster and outdoor freezer/storage enclosure. The applicant is not proposing any improvements at this time and there should be no nuisances generated by the drive-up service. There are existing utility services to the property. The proposed use should not generate an increase in the intensity of the use as the restaurant and the drive-up window have been in operation for many years. Y• �'lchf�c�, P: Btt�r�e�t�te Handwritten Minutes, April 15, 2021, Page 2 of 4 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. There should be no adverse effects on the public interest by allowing a new business to continue using this existing drive-up window. The continued use of the drive-up window is appropriate in this location, compatible with adjacent land uses and should not affect prevailing land use patterns. Approving the use of this drive- up window should not affect property values or living conditions and should not deter development/redevelopment of adjacent property. There is currently very little on-site landscaping, though there also should not be many impacts created by the proposed use of the drive-up window that would require screening. Headlights of vehicles waiting at the window should face north towards the office uses and should not point towards the adjacent single-family homes for any significant period of time. Since there is no intercom ordering system, there should not be a significant level of noise created either. There is no residential component of the Applicant's request that should affect density or demand on public school capacity. The proposed use should not create any flooding or drainage problems or public safety. Based on the foregoing analysis, Planner Smith is recommending approval of the requested Special Exception Use as it is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area with the conditions that design and operation continue with no intercom system, and that primary use of the window should be for payment and pickup of orders. � , � 1/y � � (� v� A-�h�.,�� M (y1'� �,.y � � t '. -'p i � f-t-"r � s� Y -'�e,: :;�j,r .._ �,i ; �., , , ...i (1`F . _,.} < �� _.,�j �.�lY iJJ�-- ` ��.�, _ �, a . _, , ��,� -_-�� , .�-! � �.� �E. � �-� � o s� c c�-, �uti ��r }n.�� e`� � �� .��,. � � , �� -e,�`�� } r� h� ;; i Ss�e ? N eJ ��e�,-7 �r�� Y"� "�``��r�� -� � � � ��%;� ��.� V � �^> �,�° �e�1 k ��r�f � �-- C�Jl1Z. l r GJ� d- 't SS �l � . , . �� 4... �� L R. P. ��. � � `�� ,;,�,��', ��R,i�� _ G..�`�Y� � �+,.� / / �-� '.n-�'e �~ �` � l�1`�.� � :; ^ . . �' .:. fi' ,.. �� "1(+, (;; !, �iC�1 � � �},,i" �. �Csc�GsS�c"�.i-4^� �(D i� G �` ` + a..+- tn� � � � , , � ,_ � t �,..� �l't�0� � �, ��.� t��G�'_ � , �� o ,-.� �- �' � �`c�.;� .. � �G � �C�� Y r��-� '" �.. 3. Mr. Victor Bucio was present and available for questions on behalf of Property Owner, Bryan Family Commercial Property LLC. Y• �1�n�r�. �`Barfie Handwritten Minutes, April 15, 2021, Page 3 of 4 s � 4 4. No public comments were offered. � �;.� 5. No Ex-Parte disclosures were offered. � � ��; ( �'� 6. Motion by Board Member '��' � ", seconded by Board Member �` �� to approve Special Exception Petition No. 21-004-SE which requests to allow to allow drive-through service in a CHV Zoning District, (Ref. Code Sec. 90-283 (1)) located at 104 SE 6t" Street with the following special conditions: the design and operation continue with no intercom system, and that primary use of the window should be for payment and pickup of orders. Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughr.u�an , Brass , Chartier , Granados , Jonassaint . Motion C�arriedlDenied. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT �� VI. Chairperson Hoover adjourned the meeting at ��` �` r P.M. y: fYlan�Oy� �. R��et�e Handwritten Minutes, April 15, 2021, Page 4 of 4 Board of Adjustment Meeting April 15, 2021 Name Address �; �. > i . / ; / , % ;:�.; � ' � +� -; M� ` `, ;, � 1 .:2; . �e �< _:��. Lake O�Ceechobee News 107 SVlI 17th Street, Suite D Okeechobee, Florida 34)74 863-763-3134 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 �!:eech�be� Cour��y; `�1or'idw, tha� tl-�c attacheu co�y of an �� advertisement being a �t :.�� .�: �_ 9.� �^a:'�•••--�--��,�� .,�.-' '�S in the matter of� t�:.,-t�:"� �^� �s.-. r`r ;� ,1�,� �•,'M',..a d� � a"a (-..,,.'_�,c:: ,. ^. iii the �19th Judicial �istrict of the Circuit Court of Okeechobee County, Florida, was publi"shed in said newspaper in the issues of . � , : ✓, �' �. • � : +\ ,, . . , � , .�,� 4j � �' ��"'�- � � Affiant further says that the said Lake Olceechobee News is a newspaper published at Olceechobee, in said Okeechobee Couniy, 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 n.e}:t preceding the first publication of the attached copy of adver. tisement, and affiant further says that she has neither pa.rd nor promised any person, firm or cQrporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Muros Sworn to_�nd subscribed before me, this ,., ... , _ � ��''.'°� day of ' ---''e s_`,, a�� :::��';,c� � AD ,. Notary Public, State of I'lorida at Large r� Z cn,roFOKQaios� rus�c rw�acE � ppPLSIDERATION OFA �ROPOSED SPECWL D(CfPRON tiQfI�: a QU0.S['JUDIQAL PUBLIC HEARING wi 6e hdd br�ae the (1y cf Ol�obae 6avd of fdp�nad (EOA) on Apr. ]5. 2f121, 6 pht, «as won maeafR� as pc�le, at ay t�kll, SS SE 3id Ae2, Rm 2C10, a�, a, ro m�a�, ar�a re� �a «, s� � u� �, r�o. u-0oa-sE, s,a,vTl�J W me aa�N o..� oa,r�s �}an, t+�r��er ror ��»�� ,; � The Pt��on iaR� I� a0ow di�e�tfuai9h �vi.e In a lia�y Cnrrcna�l ZnNg �i�, �sa� Cafe Sec 96�7B3i1). The pfoposeA um is a d�i.�r up wadv� for an oldig res�urarR. The popety mrs3s d o.4Q� aaa, i �d at ioa sE6m sa� �: tolsia, ii,nrao izoFs�oaczau FIIty-f ppplfIpry Tp OIQ�Ea108EE� PI.ATBOOI(5, PAGE 6, Pl18LIG�'. R'�a�u5 fiF iiGCEETi:tD.^,.-'�� YIIY, �7.C:tIL`". lhe �i�iC Ls tr� and e��dc�1 to aUerld itie ac� n'el be ob�tkla7 fiom aAydol�ednbee.o�TV��hUN The R�Tb�i mi be vlened on ihe websi� �ydok�xx�l�•..mrr✓Public�tArrd ort�1 at tlie add� � abwe diuin9 io�N�r Ix� hours. Nbn-Fd, B M44:30 PM, e�p[ for FnF days The BOA sm� as Um de�fon'rr�alar5 bod�' on ih5 rtalte�' h� apprv.e a�s��. ��,�, �m�,�,��, �,�a darsh�iheBOAins�toropposiUontoarryRernontheaq� ampyoF Uie Aoaunen4 (�khire� vicko, or dern rrua[ be piovided to tliebaard�Sme�iY Rx theG�/s mmids. A7dY PERSON �E�ING TD APPEALa�ry deciio0 rttide fry die BOA wdh respe�3 to arry rtt7tlt� mrdie�al a[ Ihs pubBc Il�r�'�9 wa r� m ernire a �erbat�n rt�rd of tlie pro�ad�in9's made ard ihe icmrd crk� the Astlmorry and eatlgKP whkh Uie appa3l vnl be ba�d Tn ��,��,��,� �iny �m� a�rm�tix, ro parti�le in mis pro�.rrng sha,ld mntacY ihe Ceneral Servins qfim in per�n or ca@ 8Q-7631J824, Lnp�iod: Fbrida Rday 7-1-1 ro� tlian (our W�xss d�ys P�'m p�J• er• zor,� a�,�r��r r� r�«,� � o�, �, rb. n-0oa-sE a�so�oNa�Rou �� `�2 � �t q "^�,,� �`'�\ . �-�''"__ � r j'� `� �� f .✓Y��' . � � o' "(� ... \ � .l -.�,• - r � s� �_ �..-� �,,--'� / o'��.f.,1:,'�'�.X.. ',-.�- i f ; c1.� � �f�� `�� i•�- y !� � %�� ` :�,\ G��i``�-�...l-�1..�ie�,1 a.u�e.7.n+amas�eenvw+aa.mer+,�o,nv.wa:,�.+r ; �oiA?YP��c ; ANGIE BRIDGES -, �: MY COMMISSION # GG 971582 '--;�i��o;' EXPIRES: April 20, 2024 "'rFOFF;;°Q` Bonded Thru Notary Public Undenvrlters � � N�wSMED��I INC. USl� Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 County', Fl�ida, that th� attached copy of an advertisement being a "4� a ��r"��,A-!` , N��'"k;'�'�`_� in the matter of�._�,_..., �..c.� /' � �" �/ \ "^`� � �, �:`a �" ��%�r� A � J � n r�� 'si�_:�,'4.1-��= in the 19th Judicial District of the Circuit Court of Olceechobee County, Florida, was puUlished 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 advertisernent for publication in the said newspaper. �� ^�- %�i/_ �/LY, /�� > Katrina Elsken Muros Sworn to �nd subscribed before me this ..�,�� -t�° day of _°� �� ,, ti C= �. ► ��,� � AD Notary Public, State of Florida at Large czr,roFo�aioe� rueucrion� � gp/UtpOFAWUSfMENTMEEflNC � NOTI�: The Qy aFOkeediohee Board of Pdj�nen[ (BQ4) wB mrdixt a ,eguar mecw�g on a�pr. ss, zou, e PM, «as �on Uie�a3fier as �le, at IXy Hal, 55 SE 3rd Aee, Rm 200, Ol�dnbee� FL The {xbFc 5 FrvAed and ��qa,d��iro,a�,d.,,,e a�,� �,av �e o�,ed r�o�„ a�y�ro�,o� ��,��m��,��,�a IRns U� the BOA In sq�ortoro�pmitnn m arry �n on the a9a�a, a mpy of n,e ao�,ma,r, vr�, �, a�, m�c�e� m me eo�a se�v ror u� ��s. arry vEx.9or� o� To aPaF� arry d�or, rtla� W the BOA wdh � tn arty rratler m�daEd at fhs rt�ethlg v� reai to ermae a�balin �d d the pom�i'rg 's rtede ard �he remrd Indixtes the �Brnrry and evHer� u�On which the appe3l wil be bamd. N aonidarr2�wtlh tlie Nr�ar� wdh D�biil�es Pck Pe�sorts vmtli dcabillies� �ing �I amxnr�dalion m Fsrticipate � tlfs qo�afrx] shaikl mntart r�aa��-� �m�,r�"o�a��v� '��.�: ONE OR MOftE Q7Y OF OI�EQfOBEE Cd1PICR hff2ABFRS MAY �' p MFET�ST�ATE PUBLiC R6Q.UIREh1EN15 AND SIN�iE F�: o�rp�, oarm F�v�r 466613 ON 3/31/3121 ti �� ' � � � 0 �e�,,� �'�,�; �,��, rn ..�. �. ,9 •,. F��ta� � d �r �.,�� o"/�� '�+ �!� � �'r �� ; o��Yp�� ; ANGIE BRIDGES ;?� �,: MY COMMISS[ON # GG 971582 "'��o -` EXPIRES: April 20, 20i4 :''�r., ,.Q; ��FOF K�Op Bond� Thru Notary Public Undenvri!ers L�� oF oKFfCS' CITY OF OKEECHOBEE � . �� '' �'�"'"' T BOARD OF ADJUSTMENT 6� ';�:..0 . ,+�`'� d 55 SE 3RD AVENUE� �KEECHOBEE� F�OR�nA 34974 ;79 h OFFICIAL AGENDA APR�� 15, 2021 6:00 P.M. � I. CALL TO ORDER A. Pledge of Allegiance. II. ATTENDANCE 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 March 18, 2021, Board of Adjustment Regular Meeting Minutes. V. OPEN QUASI-JUDICIAL PUBLIC HEARING A. Special Exception Petition No. 21-004-SE requests to allow a proposed use of drive-through service within a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (1)) located at 104 SE 6�h Street for the proposed use of a drive-up window for an existing restaurant (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 — recommending approval. 3. Hear from Property Owner or Designee/Agent — Mr. Dennis Bryan, Manager for Bryan Family Commercial Property, LLC. 4. Public comments or questions from those in attendance or submitted to the Board Secretary. 5. Disclosure of Ex-Parte Comunications' by the Board. 6. Consider a motion to approve or deny Petition with/without special conditions. 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. BE ADVISED that should you intend to show any document, picture, video or items to the Board of Adjustment 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 of Adjustment with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the General Services Office in person or call 863-763-9824, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. April 15, 2021 Board of Adjustment Meeting Page 1 of 1 City of Okeechobee Date: �.�..�? Petition Na �� " ��['��°��-.�1. General Services Department Fee Paid: t,,��, � � c; Jurisdiction: rd 5,��.�� t�i�:,�� ,,1 -:�L,�!'i 55 S.E. 3 Avenue, Room 101 15 Hearing: C�._;��,,,r�; r 2" Hearing: ;�tj;:F Okeechobee, Florida 34974-2903 Publication Dates: Phone: (863) 763-3372, ext. 9820 Fax: (863) 763-1686 Notices Mailed: .�` j 3� Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): ,:f' � �,- �, . -�i , � c�' � :r`� - f' ' . 2 Owner mailing address: ,� ' � ; , � � — ` = ) � � ^ ' ,�' Z 3 Name of applicant(s) if other than owner �� ' '` �- St.� �; 4 Applicant mailing address: �? �� ,�j ,' E-mail address: ' � '- �� % �' c� J :ac.� .��c� � � ' �}L 5 Name of contact person (state relationship): '` `' �' 1 •) � -aY, 6 Contact person daytime phone(s): - ,-�„ � �' �-• .��'� � l'�� (��' �� 1 � � �l� � PROPERTY INFORMATION Property address/directions to property: 7 ��L- � '` �� , L Describe currerit use of property: 8 e �� s 7�'�L� Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. 9 �—�� /`� Source of potable water: ��-- Method of sewage disposal: �( � 10 Approx. acreage: �� Is property in a platted subdivision? t, Is there a use on the pr`ope y that is or was in violation of a city or county ordinance? If so, describe: 11 �� 12 Is a pending sale of the property subject to this application being granted? Describe uses on adjoining propertyto the North: 13 North: �� j� �� East: ��f5 ��`�� South: � West: � � �. 14 Existing zoning: �.� �' : Future Land Use classification: �,}„�,y� r�� . 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (_) No (�,)Y s. If yes provide date, petition number and nature of ap roval. 'f � � � � �,�.F� 1 —EO:� ��t= rv�r� —' 7 �''i� 16 Request is for: (_) Rezone (� Special Exception �) Variance 17 Parcel Identification Number: ', � _ �• _ 7�- �� _ _ . ;• .,� � �� (Rev 4/2020) Page 1 of 11 REQUIRED ATTACHMENTS 18 ApplicanYs statement of interest in property: �•>, �— y` ' -�;-� ;T CJG� �E �� r'�. C� �1 ��a�� 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: `-- ��j �- � G� � j 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three (3) CERTIFIED BOUNDARY surveys of the property (one no larger than 11x17; scale not less than one inch to 20 feet; North point) containing: 22 a. Date of survey, surveyor's name, address and phone number / b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre d. Location sketch of subject property, and surrounding area within one-half mile radius � 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee PropertyAppraiser'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 of up to 30 days and may result in the denial of this application. ignatur�� . Printed Na Date r �`.. ��'6'-i'7 �r� C�c� �'' '` � �� '`� � S' �Z��. r For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 4/2020) Page 2 of 11 2/23/2021 Detail by En6ty Name DIVISION OF CORPORATIONS `� . � � �_) E '; 1'; � �).: d r,��. '��"�� .,;,` �.tJt'� %�.., �,�. i "�� 4,� a,r r��,r�' � J! �� y„/ ,.. ,. � , _.+ .--�.:�"""'.....,./ _,.:. ._ :.':i; ia .,.:' �.�t�r ..:'i•��f'' �ri �:�.�,i,'.1J:- ��_� � . ._. . . - Department of State / Division of Corr�orations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company BRYAN FAMILY COMMERCIAL PROPERTY, LLC Filing Information Document Number L13000071116 FEI/EIN Number N/A Date Filed 05/14/2013 State FL Status ACTIVE Principal Address 6300 SOUTHEAST 128TH AVENUE OKEECHOBEE, FL 34974 aili g dd ess 6300 SOUTHEAST 128TH AVENUE OKEECHOBEE, FL 34974 �egistered Agent Name & Address MILLER, DAVID A 225 EAST LEMON STREET, SUITE 300 LAKELAND, FL 33801 Authorized Person(s) Detail Name 8� Address Title MGR BRYAN, DENNIS L 6300 SOUTHEAST 128TH AVENUE OKEECHOBEE, FL 34974 Annual Reports Report Year Filed Date 2019 02/02/2019 2020 03/05/2020 2021 01 /13/2021 Document Imaggs I01/13/2021 — ANNUAL REPORT View image in PDF format � I 03l0512020 -- ANNUAL REPORT �ew image in PDF format � cner.�L. c��ni�i� nm/l..n��in•/!`mm��efinnCuer.�l./Cn�rnl.Ave�dillnfoilOi..n��inh.mn=Fn4il.iAlomnRrlirnrfinnT�inn=lniti�IRm�mhNl�mn(lrriurRRVANRA11All V(: 'I /') ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: �' A 1 ' ; � �� (� ' q� �� ,�'�r � � `t � L ��i-�? ��.�; ' �`��J �r�ve--i�n� h s2rv�cc, Are there similaz uses in the area? No (___) (� Yes If yes, briefly describe them: B �1� If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activi6es to be conducted outside of a building: �. � %f `��1�'' .`�� r- %,0 � � ��v �;�� - � ��. � a ��s -- �� . , �� .:ti�Ic '� v � � F �� ' � Attach a Traffic Impact Study prepared by a professional transportation planner or transporta.tion 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 Transportarion Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass-bay calculations, internal caphue calculations, a.m. and p.m. peak hour tri s, and level of service on all ad'acent roadwa links with and without the ro'ect. , E Responses addressing the standards and required fmdings for a special exception as described below. Attach addirional sheets as necessa . 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 recoxnmends 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. Demonstrate that the proposed location and site are appropriate for the use. ��..` � � ��r�,� �� =�'�. ��:vc`'c� {-;e;� ��x�::� L�� e� ( S. � 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. � � A .,,` -� �3,- �j J � �� %� '' t� �J .��' ��-�, .fY�'��c� � � �. C '�j� � � ti� �� 3. Demonstrate any landscaping techniqu�s to visually screen the use from adjacent uses; or explain why no visual screening is necessary. � �, � , � � v � C.t�� _ i'l� ��`� `�xCe55� �� wt��,,5`� �,; ;� �,�y,�.,,� l�� s ��-1 )� 4. Demonstrate what is ro osed to reduce the im act of an otential hazards robleirls or ublic nuisance enerated b P P p Yp �P P g Y the use; or explain how the nature of the use creates no such potential problems. 'v �. � �' � e� �— � ' � "� (1 � t,� � c.�� r1 � G�� %C��P�� P � �� z � �- . : � �� ` �� C ��. 5. Demonstrate ow the uhlitie an thbr ervi e requirements o the use can be met. ; - c�- C��e �cj1�� {�� l�s � �.� c -e_ 6. Demonstrate how the impact of traffic generated will be handled, of site and on site. /�, 1 ,T I �� i�`��P (� �I ,S / � � (Rev 4/2020) , 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. 1�� 2. The use is specifically authorized as a special exception use in the zoning district. ft3� � The use will not have an adverse effect on the public interest. i'l d �`�-�- 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. � �� "� i�' '� � 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adj acent property. �� e, � 6. The use may be required to be screened from surrounding use to reduce the impact of any nuisance or hazard to adjacent uses. � �- ��-5 f� 1 t�. '�� 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. ? ^ �C? 8. The use will not create tra�c congestion, �oding or drainage problems, or otherwise affect public safety. �� The City staff will, in the Staff Report, address the request and evaluate it and the ApplicanYs 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 4/2020) Page 9 of 11 � -'- � "�Gi'� �:� This instrument prepared by: David A Milier, Esq. PETERSON & MYERS, P.A. Post Office Box 24628 Lakeland, Florida 33802-4628 PARCEL I.D. NO.: 3-15-37-35-0010-01760-0070 3-21-37-35-0020-02200-0100 3-21-37-35-004A-00000-0010 3-21-37-35-004A-00000-0020 3-21-37-35-004A-00000-0030 3-21-37-35-004A-00000-0040 3-21-37-35-004A-00000-0050 3-21-37-35-004A-0QQ00-0060 3-21-37-35-004A-00000-0070 3-21-37-35-0U4A-00000-0080 3-21-37-35-004A-00000-0090 3-21-37-35-004A-00000-0100 3-21-37-35-004A-00000-0OCO 1T. �' �, r �—-� THIS INDENTURE, (The terms "Granto�' and "Grantee" herein shall be construed to include all genders and singular or piural as the context indicates.) I!l11f11�lfl IIlf� lIIII IIf1111111 !!f! IIlI FILE h1UM 2013C��9'U�2 OR B�K 7�5� PG 1�r3�U SNAROhI RpEERTSON� CLERY. OF CIRCUIT COURT OY.EECHOBEE COUNTY, FLORIDA n�Ci:n�I�C U9/U3/2fJi3 02:19%�i2 �:t At4T t1�d.04 RECORDING FEES s27.0� DEED DOC 50.74 RECORDED BY ! Shain Fss 1430 - 1432: {3 P95) Made this 23 day of �v� , 2013, between DENNIS L. BRYAN and ANITA H. BRYAN� husband a wife, Grantor, whose mailing address is 6300 Southeast 128"' Avenue, Okeechobee, Florida 34974, and BRYAN FAMILY COMMERClAL PROPERTY, LLC, a Florida limited liabitity company, Grantee, the mailing address of which is 6300 Southeast 128"' Avenue. Qkeechobee, Florida 34974. WITNESSETH: That Grantor, for and in consideration of the sum of Ten and No/100 Doltars, and . other gaod and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, ba�gained, and sold to the Grantee, and Grantee's heirs, successors, and assigns forever. the following described land in Okeechobee County� Florida, to-wit: (See attached Exhibit "A") Book735/Page1430 CFN#2013009002 Page 1 of 3 t • � EXHIBIT "A" Lots 7 and 8, Block 176, FIRST ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, page 5, public records of Okeechobee County, Florida ►L�I�: Lots 90, 11 and 12, Block 220 FIRST ADDITION TC3 OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, page 6, public �ecords of Okeechobes County, Florida � � Lots 4, 5, 6, 10, 11, 12, Block 16, together with the alley mm�ing North to South between Lots 4, 5 and 6 and Lots 10, 11 and 12, within Block 16, South Okeechobee, according to the plat thereof recorded in Plat Book 5, page 7, public records of t?keechobee County, Florida This properly is also described Units 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the White House Plaza Condominium, a Condominium according to the Declaration of Condominium dated September 27, 2007, and recorded in O.R. Book 640, page 1, public records of Okeechobee County, Florida, together with all of the appurtenances to the Units (Lats) including but nat limited to atl af the undivided shares of common elements. STATE OF FIORIDA ��IRCq,r� OKEECH08EE COUNTY THIS IS TO CE�TIFY HAT THE � REGOINGLZ ES IS A TRUE � CO E T COP O TH ORIGINAL. J . T, C 8Y D.C. DATE Book735/Page1432 CFN#2013009002 Page 3 of 3 4 � � This conveyance is subject to the following: 1. Conditions, restrictions, limitations and easements of record, if any, but this provision shall not operate to re-impose the same. 2. Zoning and other govemmental regulations. 3. Taxes and assessments for 2013 and subsequent years. Grantor does hereby fully warrant the title to said land, and will defend the same against the lawFul claims of all persons whomsoever. THIS INSTRUMENT WAS PREPARED FROM UNVERIFIED tNFORMATION. NO EXAMINATlON OF TITLE WAS REQUESTED OR MADE AND NO RESPONSIBILITY IS ASSUMED FOR TiTLE OR DESCRIPTION PROBLEMS. The subject properly is not the homestead of the Grantor, said Grantor residing elsewhere. IN WITNESS WHEREOF, Grantor has hereunto set Grantors hand and seal the day and year first above written. Signed, sealed and delivered in the aresence of: name: Print name: � ��(�tM,lo � �iMA... DEN IS L. BRYAN ANI A . BRYAN STATE OF FLORIDA COUNTY OF }�t7i�, Jhe foregoing instrument was acknowledged before me on this Z.� day of � v` 20 , y DENNIS L. BRYAN and ANITA H. BRYAN, husband and e, who ( are personally known to me or ( ) have produced as identification. aemo a Miu.� `�"� Notary Pubq�, saa ot flo�id. My Comm, Exp;rw, p�lpy�� otary Public Commiaion Na FF 16� My commission expires: H:WOME1TPGrouplBryan, Dennis and Mita\Warra�ty Deed to Bryan Family.doc Book735/Page1431 CFN#2013009002 Page 2 of 3 �� CITY OF OKEECHOBEE 55 SE 3R° AvEivuE OxEEcxosEE, FL 34974 'TELE: 863-763-3372 FAx: 863-763-1686 LAND USE POWER OF TTORNEY Name of Property Owners: �� y'� `� ��;1'1, � C� /1'1 ✓hEr t' [ V'C , �C' � , i _ � � � � �_�� S � � �, 7 .rj , "1.� Mailing Address: t� ,- � / , � �.��%G -�-�. � � � �' '�'. �.� �-�� ` � � ��7 �-��`�� ,� , Home Telephone: '� �-�7_ /'`��' Work: Cell: � � J_ � Cl� l lca `� ts Property Address: � / � �j� ,.��C'� Parcel ID Number: � -� � 1-- �3 ` 7--- ��-- E�C�`�� --- �`,�.'1.� � �' QC � Name of Applicant: , ._ �, 1 !`� > � t�C.� (� Home Telephone: i� U � �, Work: �' _ �v�� Cell: � �� . �.�� ! � � < < G: 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 properly. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the properly to the original classification. This power of attorney rnay be terminated only by a written and notarized statement of such ternunation effective upon receipt by the Planning Departinent. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET TI�IR HAND AND SEALS THIS �� D Y � F ,: /l -Il�"U ' - '' � . 20 ;� l . �c:�uv;� '��'� � u��'�.- OC,. G� �-�--� owrrEx "'� wrrr�ss OWNER WITNESS STATE OF FLO . A COUNTYOF �(�EC-�1k b��-- The foregoing instrument was acknowledged before me by means of,�hysical presence or online notarization, this �`�i'h day of "�' ��r , 20 � L, by'�C.n n i`,� .� Y`U�.) n (N e of Person) who is personally known to me or produced as identification. . • "r�'• �%l�l�l. �1.: \ �i - �L'1'�lt.. '�G�� *� �i'• ALYSAA. COMFORT `�'� �:; Notary Public • State of Florida —� NOTARY PUBLIC SIGNATURE t�O,FFl:�Ae� My Comm�sExpires Se 33560 roug at onat Notary Assn. (Rev 4/2020) Page 5 of 11 t PARCEL NUMBER 3-21-37-35-0020-02150-0070 3-21-37-35-0020-02160-0070 3-21-37-35-0020-02160-0110 3-21-37-35-0020-02190-0010 3-21-37-35-0020-02190-0030 3-21-37-35-0020-02190-0050 3-21-37-35-0020-02200-0010 3-21-37-35-0020-02200-0020 3-21-37-35-0020-02200-0040 3-2137-35-0020-02200-0070 3-21-37-35-OQ20-02210-0010 3-21-37-35-0020-02290-0010 3-21-37-35-0020-02290-0040 3-21-37-35-0020-02300-0010 3-2 2-37-3 5-0030-000 H 0-0040 3-22-37-35-0030-OOOH 0-0070 OWNER ADDRE551 CAULEY CALVIN SR 203 SE 5TH ST THREE 1 HOLDINGS LLC C/0 INSPIRE BRANDS MAY DAVID BENSON 1735 SW 40TH DR BOROMEI NICHOLAS 500 S PARROTf AVE SIMMONS MARSHALL 2683 NW 50TH AVE BLACKWELL HOLDINGS LLC 520 S PARROTT AVE CITY OF OKEECHOBEE 55 SE 3RD AVE GATOR SECURITY INC 1295 8TH 5T (BHR) TOMSUN ASSOCIATES INC 5115 PARROTT AVE SHAH KIRIT R 6525 JESSY CIR PERRY SANDRA W 3285 SW 28TH ST CHRIST FELLOWSHIP CHURCH INC 5343 NORTHLAKE BLVD TRIPLE E MANAGEMENT INC 691 E MAIN ST HOOKER CHRISTINE P P 0 80X 1291 VANDERCOOK CHARLES 200 SE 6TH ST CHRIST FELLOWSHIP CHURCH INC 5343 NORTHLAKE BLVD �� ADDRESS 2 THREE GLENLAKE PKWY 5TH FLOOR ciry OKEECHOBEE ATLANTA OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE LAKE WORTH OKEECHOBEE WESTPALM BEACH PAHOKEE OKEECHOBEE OKEECHOBEE WEST PALM BEACH STATE FL GA FL FL FL FL FL FL fL FL FL FL FL FL FL FL 21P 34974 30328 34974-5486 34974-4345 34972-8857 34974 34974 34974 34974 33467 34974 33418 33476 34973 34974-4470 33418 � � � il �7 .�. i` ', _ ,,_ rw� N ..Yy7 � f RL . �.,. • � ,. . - � ,. ,r�� a�w-,»�.�r7r � •�9 W " ,,d��J' � r .,� i.�e"" ' � � . 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"W?;y .•� �� .� �r: � � , � � � � " �� _. . � �... � '• .. Y� „P � ' .. .... ' ?''{ -�� '�� *Sae 91 ��'� � , � . � � . i '� y ♦ l,a ki . . ; i ,4 . _. 1� W .._ � -!.. � . ,• r Y � r•. "., . � +� ..a. �. , '�.. �i1tli. �5�,��'� . , � , "' ,��:' .- oi.�' , ., _......-. ----- _ _ _ _ '� _' _ �, : ��CFIOBEE COUNT`a' 9��?��°�"� A��0��2°S OF�9�� '� i k�; , ,�» 3 � �.�, � . . �`.�?±�� _t..'�'9.K�.r � �" ��. .., . .. _ � __ W �T � 5 „�� 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 ofi that O�ffice that the information reviewed constitutes the most recent information available to that office. I therefore attest to this '��°` � day of �`'�'1��-L�,�-, ..�:� � �:�.'� , Signature of Applicant 1 . .. i.. � ;..;�:, a^4 c� .R'{�,.�.ti..i �, Name ofi Applicant (printed or typed) STATE OF FLORIDA COUNTY OF v��a..�,t,.�w,�. `� i ,�; �, � Date The foregoing instrument was acknowledged before me by means of�physical presence or ❑ online �rF � ,,�p ..''_ ` ,:.. ;....� notarization, this �; ;��tay of �'��:� . 20 ��-'� , by � ., i��;�:;s '��' �� ' ,�'�;i , who is personally known to me or produced as identification. ... ._., ;•��si'r"a�e,.. SANDRARUIZ `_ ��` M�tary Public - State of Floridar . . h�...; .w 5T; ";, Cammission ; GG 301378 9jFo��E'` My Comm. Expires Mar 25, 2Q23 Bonded khrough National Notary Assn. (Rev 4/2020) Page 3 of I 1 �• i .v n ,� i!21!?G2'1 . � aiiagFrrn#_t)Keecroce�-Counz�,�-r�ru�rrh�-H�pra;�sr '1-37-�`u�i i , � "« ,x .. � .� . p ' 4� � R: ' .. : S' � L,• �t i'� � a �� . r ` . .� �. � - - ..,�r.� ,�.-f rt,-.k N� '{ � ' �'ii v� � „� � � _ 3 ;1' � �. . � I � .� `` Ya,. W� f �,r � �� ,i �� ,� � ��C�'�'��'�3�D+�� .�afl�1?�� T'C,7�P1"�� ,d�.�'!�:?'��fiR's+��' Mic3<ey Y_. �a�cii, ^r:�. { Q,<e��{:e4�,s , I=icrids C 863-?:�3_�n,.?2 I -----�__ __�_ _._ . ---.��._.__..__._._.__—.__.�.._.__.__. _..�-- -.�__. __... ,__ _,.w.----- .---.,._ .. " _.__._.. ___. . ' . . . _ ._. . . .__... _._. __._..._�. �'A;�t��l..; ��s�i-3i�� O�J,CL�-�0,^c2t)t1.��}i? 3�� NraTE�:--__.. .__ . d'(3 � ) � 1�,Eo?i1i:-RAiJ7't,. t'-�E { 1�^'i i J.t&2.4� ' � F'.RS" ADDiT!'JAI -0 Ce•t,EcC%iQ9a� !F`_:4T �O^if i?A�3e : i?.i•SD PL4F BeOri 5!�r`.GE o; + C�$ i �, i l��LnC'ri 22D 1 1 ' i F,ii`a`A,�i F:�'eNFli.�l ��OMiVt�#��;$s'�L ��2a Gea�ii�s:i +l.�;tte� f G��fi'tB": '�"i�JF'��iti�`�d� `L�..iC: �i:k2 v'_n(i b.`iQ,83Q n,.�-if�7ei5eCl ,j'ii:,i?F?G j j ( o30t) �(� '!2?l'!-i ,!1�/c ,bt� � nG� vfJ ",s� �s_s,' ,:'1.3'�,°1?t} i � � �1lC CLi' - �,. ��ZI/� B]GC +J�'?,L1:i c,.=�i.'i �O i ' Sii�: 1 G s� � � �} , GdC ECrO�=� iC��.JB *�3&,�1�7 x.o�n ty h! 3 F-�70 � �S�iec� '/? /2V � ag�� i v� ,:t�_. ,D�o1 :a'� Ti?�rif �C�ty `i�91 1(? � � � P1n{o !' ft?r��. a 7`: ,, �: u:re�.:,r is� r"� t� ��n � � I � , , �a,_.��o .�7, ; � ��s:etchx,hs��:aa�:n�3y, r3. I __�._._.._ --_..._...._._..�...._...�..-----._.....___��__.----:�,-.,�__.__.___•-----_.._.._�—� ; �___�________ . � ___.. __.__ i �'i'n'is inie� matio�.. �.��as da�ived lroni :Iata whici� �rr<<s cornpii�d i:, Gie �i<e�c��o�ee ��r.�:nt; � roperi; Arpi�2ic_er Ofi�r.�g so:elv Pc�r the gov�.,;Eman4el p�,n';o�e oi pro��riy esse.�;riE^>.. 7his intorma,iio:� � I;;�ouid r.e; ba re'ried upon ny anynr.^ :as � C�'.�rrr.in..tin� oi [n�� r,ta�r�a'rs'r,!p o; urcpariy cr rr,:ad<.r:? vstiu�. 1:4� �'oar;a�rti.:_, �:ept,ss,set4 t;r ��r�p!ie:.l, +are prnvidercl ir.�v iho ar,airacy �:79 inr'r r;rL7 7r.:reiri, i'r,':; ! ;u;e, or i! ; inEercret.iacn. A;,hez;gh i':s p2r.�c�icalAj uoda?ed, ";-�Ls `r,�orc�at:an may no't reitect ?ha <;�*._. c�:ne,-^.i� cn `�'s ir�'�:ie �•ropery Ap�r��s;:�; o;fc�. ... . . � .v<<^�.okeecfiob,ee�a.carri�;'sslgisr rinJ �,�� , _ , � -__ _ ._ _ � ,_.,� � 0 '43 :_'? :i9 .._ $� '3 -� i ,t::} i 1? 2;lil 1t 2/23/2021 Okeechobee County Property Appraiser Okeechobee County Property Appraiser r�;�� ,. s��, �c�� ... Parcel: « 3-21�7-35-0020-02200-0100 (34627) » �--- -- --�--- — _.__ _----- ------__�_ Owner & Property Info Result 1 of 1 ._ __. ___. _ __ _._�_ _._ .._.. .. �... _ . ___ _ .__._. ___._ ._ __�- - ----; iBRYAN FAMILYCOMMERCIAL ' ; PROPERTY LLC � Owner '6300 SE 128TH AVE � I _� iOKEECHOBEE, FL 34974 _ _ _�_ � Site 104 SE 6TH ST OKEECHOBEE : i � �� FIRST ADDITION TO OKEECHOBEE (PLAT BOOK 1� � Description' � PAGE 11 AND PLAT BOOK 5 PAGE 6) LOTS 10 11 ; i 12 BLOCK 220 ' I , Area 0 462 AC! � S/T/R j 21-37 35 ; a RESTAURANT/CAFE � � � �� Use Code''' !�2100) ITax District �50 `The Description above is noi to be used as the Le�al Descnption for this parcel ' in any legal irarasaction. ?, '*The Use Code is a Dept, of Revenve code. Please contact Okee�hobee Cnunty ; Planning & Development at 863-763-5548 #or zoning infio. Property 8 Assessment Values 2079 Certi�ed Values 2020 Certifieci Values Mkt Land _�V_ $50,829 Mkt Land � $50,830 Ag Land � $0 Ag Land � $0 �_.�._._..__.___---... .._._---------_ _.___�.._._._ --- - ----- . Building � $84,961 Building I � $92,213 XFOB � � $39,797 XFOB � � $38,427 _ __ . ...... . . . .....� _ _ _......_... _ . ._ _ ..._ _ . ,_ _ .. _. ... _ __ ..� 202� Gertifi��i 1�a��es ' � �1 � �:.'1'' updated:2/18/2021 � ,,, ; Aerial View�r Pictometery Google Maps � 2020 `�~�' 2019 .' 2018 �,�12017 S' 2015 `.� Sales j ` .� �� T�� l °�' �-� 3 •� � '� � �' •�-;.:�, , �` • � • I �� r� �'?'�� ' �z� - I y �i ��.- : �#' � -��, �� I ' -".�� •';',�� .�" �,v �`„}�, ' � �';� � I _� �} . . "`±�,`,;Y '7 �; / ' 'S . 1 . �. � ,�t., _ 1 � . ''� . �- - 1.�y':-1 - � - �, . 7 �' _.rs1 ,�ii ', ��e.��ga. - �; _ � ' ; , +�k�, r � 5'. 'I � � _ 1 � ,, rn '�.�+,�} � . � � sT _ , .�� i � K - • � ` � � � , � i. - - ' �� i;Y �#.rn. ��4 ��. v� .. - ` �' �1��yll?r� � , , � 1 '� � �. .' � � i Just I $175,587 Just $181,470 � , _ — r� � f� Class I $0 Class $0 � �-�:,_' ' --L------____�_.._____----•----- _ Appraised I $175,587 Appraised �$181,470 j�� _ A ,'— SOH Cap [7] $0 SOH/10% � �p � �� '� Assessed $175,587 Cap [?] � y •� �j Exempt $� Assessed $181,470 ; R� � � ___.�____—� ..._._�_�.__._.._. Exempt � $0 i �t'�r+'� county:$175,587 ....__.__._�._._.� � � > ,., i__.______.____� .___� � . � Total city:$175,587 ' county:$181 470 ; Taxable otner.$175,587 Total ciry:$181,470' '�;,�� „'�� _ . � s�nooe$175,587 Taxable otner:$181,470 i a� ,�,�' _ S scnool:$181,470 i �� a Note: !'rope9ty n+w�,$rship c?aar�gas can �a�se Khe As.s�ssed ua�a�e af th�e I,�` ;.� j� - prope r Y� i o reset to f u l i i l+ la r i cet vaiue, w h9 c h cou l d resv li in hig he�r property �' '. taxes. ! �: _ "� Sales History Sale Date � 7/23/2013 j � 3/26/2004 � _.__._._.._ — 3/1/1990! ---- 7/1/1989� 4/1 /1989 __...._..____._ 3/1 /1987 9/1/1981 � Sale Price $100 $380,000 _.._. _.-_$87,500 $127,500 $100 �^ $105,000 $51,000 Book/Page 0735/1430 0527l0431 '~0312/0189 ~ 0306/0350 _ 0303/1545 0285/0118 0000/0000 Deed WD WD WD WD QC WD- WD V/I I ---� — _.._..I.-- I I _. �._... I � �: ' � ..; ,� . rt � �� RCode 11 _ 03.....---_ _03 - _ __ .�-- 03 ` Qualification (codes) U ----- U..�_---------- -----..._.____._.___.__--- ..._----- U ------Q �--- — U -------- ------- Q _.__.._____�_.__��_____ .._ Q �'�' Building Characteristics i ..____._.�_._.___,_ ___i ____ _.______. ___.__ * ___ __.�. _. _____ _._ .. __. _l. _ _____----� _ _. _- -- -.__ __ 3 _._..____._.__.___. ___�_ � Bldg Sketch � Description � Year Blt Base SF Actual SF Bldg Value � y Sketch ~ REST LOUNG (5601) 1977� 2038 2260 $92,213 � _-�.. �.�_�____..____._.-----------_._ _I �_.�_._..._.__.__�._.___�..�._..----�.; "Bidg Desc detarminations are used by the Property Appraisers office solely for the purpose of determining a property's Just Value for ad valarem i tax purposes and should not be used for any other purpose. www.okeechobeepa.com/G IS/ 1/2 2/23/2021 '♦' Land Breakdown Code � Description 067SP8 j SO SIDE ST (MKT) Okeechobee County Property Appraiser � Units � Adjustments � Eff Rate 142.500 FF (0.462 AC) � 1.0000/.8700 1.0000/ /� $357 /FF Search Result: 1 of 1 O Okeechobee County Properry Appraiser I Mickey L. Bandi, CFA I Okeechobee, Florida I 863-763-4422 Land Value $50,830 by: GrizzlyLogic.com www.okeechobeepa.com/GIS/ 2/2 1 �+ � �. �� i V�• f�*� i �_ }ri . � � � h` �::4. 7'"ti '� + -� �-.,.�� : �'�� i � -� +� ��,r'�'I Staff Report �� 9�� Special Exception Request Prepared for.• The City of Okeechobee Applicanf: Petition No.: Address: Description: Bucio Chinese Restaurant 21-004-SE 104 SE 6t" St Drive-through service Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE Owner Applicant Applicant Contact Person Site Address Parcelldentification �� Applicant Phone Number Bryan Family Commercial Property, LLC 6300 SE 128�'' Ave Okeechobee, FL 34974 Bucio Chinese Restaurant 104 SE 6t1i Street Okeechobee, FL Liborio Bucio Victor Bucio 104 SE 6t'' Street 3-21-37-35-0020-02200-0100 863.261.3712 s �� ,� � �w�� , ��: ,� a�� . �� .,ua � �t��._� � "�,F � �,:� Applicant Email Address BucioBucio0325@gmail.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 https://www.citvofokeechobee.com/aQendas.html Future Land Use, Zonin and Existin Use Future Land Use Zoning Use of Property Acreage � Existing Commercial Heavy Commercial Restaurant 0.462 acres Proposed Commercial Heavy Commercial Restaurant with drive-up window 0.462 acres The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for a drive-up window at an existing Chinese restaurant. The Applicant is owner of Bucio Chinese Restaurant. According to the application, the restaurant has 5 employees with hours of operation from 11:00 am to 9:00 pm, 7 days per week. The property is designated Commercial on the Future Land Use Map (FLUM) and zoned Heavy Commercial. City Code Section 90-283(1) lists "drive-through service" as a special exception use in the CHV district. The property is approximately 0.462 acres, with an existing 2,260 square foot structure built in 1977. A window on the east side of the building has been used for drive-through service in the past and a drive-through service special exception use was previously approved for this property in 2005 (Application 05-002-SE). However, business tax receipt records indicate that there has been at least one discontinuance of the restaurant use (for at least 180 days) since that special �,K�� 1 pl�nni:n'g Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE exception approval in 2005. Therefore, according to City Code section 90-373(f), a special exception must be approved again before the drive-through service use can legally continue. There appears to be space for approximately 3 vehicles to stack on site between the south property line and the drive-up window. There are also 19 on-site parking spaces (one of which contains the dumpster) as well as 6 parking spaces that are partly on the subject property and extend into the public right-of-way. Future Land Use North Zoning Existing Use Future Land Use East Zoning Existing Use Future Land Use ,, , , a�s� , Commercial Commercial Professional Office Office Single-Family residential Residential Single-Family One Single family residence Commercial Residential Single-Family One Church/School South Zoning Existing Use Future Land Use West Zoning Existing Use Commercial Heavy Commercial Strip commercial businesses = ti �t�; �.<; Section 70-373(b) requires that the Applicant address the following standards for granting a Special Exception during their 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 fhe proposed location and site are appropriate for the use. Applicant Response: Drive thru has been approved for about 50 yrs. STAFF COMMENTS: To address the Applicant's statement: This structure appears to have been used as a restaurant since its construction in 1977. As the City does not have the original building plans or site plans on file, it is not clear whether the drive-up service window was part of the original plans and operations. However, through a County records request staff was able to obtain a building permit application from 1992 for an expansion of the existing structure. That application includes a site plan depicting the drive through as existing at that time. Additionally, a drive-through service special use exception was approved at this site in 2005. In the application for that special use request, the applicant stated that, "the drive-through has been in operation for many years". Also, in the minutes L��R�= 2 p#anni:n'g Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE of that public hearing, the planning consultant is on the record stating that it, "appears that the drive thru has been in existence but has never been approved through the special exception process." Now, due to discontinuance of use since that approval, the special use exception must be approved again in order to continue its operation. To address the required finding: The site is located along the US-441 commercial corridor, within about 150 feet of that roadway and situated amid other commercial uses, as well as a church to the south and single family residential to the east. This is an appropriate location and site for a restaurant with drive-through service as long as vehicle stacking at the drive- through does not extend into the right-of-way, blocking traffic coming to and from US-441, and as long as the drive-through service is not disruptive to the existing adjacent single family residences. (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: Plans have been approved by the City for buildings before STAFF COMMENTS: The location of the existing drive-up window on the east side of the building is not optimal, as there is little space for stacking of vehicles along the side of the building. However, since there is no drive-through intercom system, ordering will likely take place prior to patron arrival and the window will be primarily used for pickup and payment of food. There are also 18 parking spaces on-site (as well as 6 parking spaces which are partly on-site and partly in the right-of-way) which patrons can pull into while waiting for their orders. So, while it is conceivable that vehicle stacking could extend into the right-of-way, it should not occur on a regular basis. Additionally, since there are residential uses located adjacent to the side of the building where the drive-up window is Iocated, the lack of an ordering intercom is a positive feature that will eliminate the noise generally associated with such systems. To be sure, staff contacted code enforcement, who reported that there have been no complaints about traffic backing up on 104 SE 6th Street. (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. App6cant Response: Just cars — no excessive noise or anything bad visually STAFF COMMENTS: The property is legally nonconforming to the current landscape standards. If the board determines that it is necessary, the addition of landscaping in the parking lot islands and along the perimeter could be made a condition of approval of this request for a drive-through service special use exception. Doing so would provide some buffering of the drive-up area, parking area, dumpster and outdoor freezer/storage enclosure. (4) Demonstrate whaf 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: Very quiet — people drive up to window, receive their food, pay and leave �,R�� 3 planning Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE STAFF COMMENTS: Staff is not aware of any nuisance caused by the drive-up service window and the applicant is not proposing any improvements to the property at this time. (5) Demonstrate how the utilities and other service requirements of the use can be met. Applicant Response: The City of Okeechobee handle both STAFF COMMENTS: Utility and service requirements should not be affected by approval or denial of this request. (6) Demonstrate how the impact of traffic generation will be handled off site and on-site. Applicant Response: Plenty of parking onsite STAFF COMMENTS: This restaurant and the drive-up window have been in operation for many years and no increase in the intensity of the use is being proposed at this time. This site is in close proximity to US-441, which allows for quick access to that highway, minimizing congestion on local roadways. Depending on the size of the customer service area, it is likely that this establishment exceeds the current minimum parking standards. The drive aisles in the parking area have ample width to accommodate internal circulation and drive-up services, while still allowing for vehicles to maneuver into parking spaces. The dual driveways allow for vehicles to drive through after being served at the window without having to turn around. 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 ApplicanYs statements in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the ApplicanYs comments. Staff comments follow and are shown in Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. Applicant Response: No STAFF COMMENTS: There are no policies in the City's Comprehensive Plan that prohibit this use. (2) The use is specifically authorized as a special exception use in the zoning district. Applicant Response: Yes STAFF COMMENTS: City Code Section 90-283(1) lists "drive-through service" as a special exception use in the CHV district. (3) The use will not have an adverse effect on the public interest. Applicant Response: None STAFF COMMENTS: It is in the public interest to facilitate business owners to provide multiple service options to their customers. There should be no adverse effects on the public interest by allowing a new business to continue using this existing drive-up window. t_:,R�� 4 planning Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not defrimental to urbanizing land use patterns. Applicant Response: Very appropriate STAFF COMMENTS: For the reasons discussed above, staff finds that continued use of this drive-up window is appropriate in this location, compatible with adjacent land uses and should not affect prevailing 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. Applicant Response: No STAFF COMMENTS: Approving the use of this drive-up window should not affect property values or living conditions and should not deter development/redevelopment 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. Applicant Response: Hasn't in the past STAFF COMMENTS: There is currently very little on-site landscaping, though there also should not be many impacts created by the use of this drive-up window that would require screening. Headlights of vehicles waiting at the window should face north towards the office uses and should not point towards the adjacent single family homes for any significant period of time. Since there is no intercom ordering system, there should not be a significant level of noise created either. (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Applicant Response: No STAFF COMMENTS: There is no residential component of the applicanYs request that should affect density or demand on public school capacity. 8) The use will not creafe traffic congestion, flooding or drainage problems, or ofherwise affect public safety. Applicant Response: None STAFF COMMENTS: Any existing flooding or drainage problems at this site should not be affected by approval or denial of this request. StafF is not aware of any public safety issues resulting from use of this drive-up window in the past. ��R�� 5 p�anning Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE . .. . Based on the foregoing analysis, the requested special use exception is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Staff recommends approval of this request to allow use of a drive- up window at 104 SE 6t'' St in the CHV zoning district, with the condition that design and operation continue with no intercom system, and that primary use of the window should be for payment and pickup of orders. Submitted by: ,, YF` Y ` \ �. �i a� .�1� J 'Ben Smith, AICP Sr. Planner March 19, 2021 Board of Adjustment Hearing: April 15, 2021 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses L�K�� 6 p�anni:ng Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE FUTURE LAND USE SUBJECT SITE AND ENVIRONS r , ; ---- -- -- - T--� - � , ♦ � � z � � e , 2 � s 1 �,� . � , _ � _ � ', Q 'a i � � K'�� K d I 1C 11 � � ' 4 . < 41 I1 ' . ♦ . . . � , . T. 1 I � 1'. ti � I �: . � :� _ , � ' .' 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PU!14^ J`IR DE:2:C�V�hT.V:YEJ �J_'_ F.A`N�3 tiNlf OEYEL7?Y�NT-�C^.'.'JEN'tL `��vy{ytyip�o n�AA�_Y Re.'.C±YTI.L VO! �e y.i�AE � Re_�'�E`iTIi�M1G'.EfM!4v{NE rt`_'.;�EYT%�'.:.�Y.._ `AV� y.TVJ LaRue $ p'��C'jCil�iCi� Staff Report Applicant: Bucio Chinese Restaurant Special Exception Request Petition No. 21-004-SE AERIAL SUBJECT SITE AND ENVIRONS - r��;��-� . �_yaj r ' � �L'� .`ii _ ' �� rn� S'� "�: � � `y��"�?� � ,•.� 31�i - � .��i� 8 �� a�'' I � �� ` � x� ., - � r• y q T �p , � �'�-c� . �� ,� ��1�• 'IG'� lt� �� - � �� i : . �� ..lal.� _��. ' 3�. �7�.A1� .:.��t .,,a� ..Vi - �� ,� � � � �� i r�.,i,��'.'r y�;�»y' ��i.i `�/ �� @1'� (��dl��&4' „�j�j�4lu.at,.:�,�i'� �,ay,} �� "f a 5. e� 'L"6' jf. SN/ STH ST � yt 51 M St'.'�' `�r „�,.. � � �' / j � i ^ • � �� / ��..�,� �i4��'��^OYNQP21� ��'i�ot �Y:�'.�_� � �H� •�•• �'' �`+''� r �� M �'A r ,.� ar �`� ��'� g "��Office �: ��' �' � � .+ � ° - .� � +' �'' �, y :. - � - � ' � , G � � ,�'�.`,�,��` �, � � r � . ,. * � . 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DESCRIPTION: LOTS 10, 11, 12, BLOCK 220, FIRSTADDITION TO OKEECHOBEE FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 6, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. ll��""ll ,o m .... i.... i.... i.... I.... i.... i.... i....l NNF IN 12T NAP $CAIE 1 INCH - 20 FEEf IN7FM)m UISPUY SC�LE PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND MEASURED(M). 2) SITE ADDRESS: 104 SE 6TH STREET. 3) PARCEL ID: 3-21-37-35-0020-02200-0100. 4) F.I.R.M. ZONE: "X", MAP NO. 12093C0480C, DATED 07/16115. 5) THE ELEVATIONS SHOWN HEREON ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1986 (NAVD 88). 6) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 7) SURVEYOR WAS NOT PROVIDED WITH ANY TITLE INFORMATION FOR THIS PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS SHOWN HEREON, THERE MAY BE OTHER EASEMENTS OR RESTRICTIONS THAT EFFECT THIS PARCEL. B) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 9) ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS 8Y OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 10) THE DESCRIPTION SHOWN HEREON WAS PROVIDED 8Y THE CLIENT OR THE CLIENT'S REPRESENTATIVE. 11) BEARING REFERENCE: THE NORTH RIGHT-OF-WAY LINE OF SE 6TH STREET IS TAKEN TO BEAR SOUTH 89°47'51" WEST. 12) DATE OF LAST FIELD SURVEY: 02lOS/21. MONITOR WELL LOCATIONS (ELEV. NAVD 88) DESCRIPTION NORTHING EASTING ELEVATION MW-8 1055678.42 711624.85 25.85 MW-15 1055898.11 711651.65 25.31 MW-16 1055843.72 711650.07 24.66 PMW-18 1055809.21 711661.62 24.52 PMW-19 1055845.65 711701.76 24.46 PMW-20 1055881.37 711682.83 23.59 DW-2 1055885.38 711624.78 25.87 � 6 I � � I � I Z I a� i I ow-a 0 NW-E � � B 9'<C �'. SQ� _.`'.b I I � is.o' - I W I �� --I� � �JJai I g a � � I I � � g 3 I � i i � I Z I � E � � , I I� ,` � C � I�i' I ; 3 , : , � � ' 26.0 yJ I I = _ � ASPNALi G I 1 SipfY OInIDWL � n z I � � �Y c.s' , I n n � � � _ 16.0' � WIIEP MC1EN-Q � _ _______! __________ _ _-__-__ � 1 LONCREIE � �uw-i� BLOCK 220 15' WIDE ALLEV I rouxo s/e• inc« ` aoo (rvo i.o.7 0.]' N, 0.2' E. PNW-]0 A�N�LT 11161tt PIXE- B�N pMYAG NAIL k Em� 'K�e is �ezo•. 3�. 3' (N1 99) cx�a � 70 �vuw-�e I �� unun vac-� � •svn•ir � n� � � NHfEL SiOP (LYPICAL) -I1 q Il o � - - - _ - 51.2'�� _ - � f0ux0 5/B' inON POD (NO I.O.) voueo s/e' inu+ xoo Y C^D 5/9B INW,gR00 iOUN (NO I.D.) O.B' N. � I GAS _ I II I I I I uu.r.ar uaess � S 89"47'S1' W 741465'(M) 42.5'(P) � I r.rHac �ET�� 9� �T (�EARIN 6ASE) -- � 1-- _------��s _ � � w=1_ � _��.=_1 _1--�.=-- � € ----------r---'- ----______ __� - - - - - -NLVERi - T - - - CtILVEFT L�iCN B�AN � CAiCH B�9N i � ��E � .so�.�. _ _ J_ _ SE 6TH STREET -�_______-_ �-��svxeuaonol>o.aM' -_-_-_-_-___ Ij a � io I _ I i wl� � . Z o W � < o zly w � w� I I i � ��` -s.l�- ��, � I i C - - - �a�vcni - - - � i -___ I _-_-_ � C3- w �'�o� I W:M'N«E PREPARED FOR THE EXCLUSIVE USE OF: BRYAN FAMILY COMMERCIAL PROPERTY. LLC. CULKAi C- _---_ _] IELLTHIXIC B01f � UiIIItT POIE �IY POLE �NCHIXI P�tY PIXE -ONV _- OHV ___-_OHV __ �� __ �Y__ �V_��V __ �V��N1( �uCH�E , � �� OHV� I�\ OH V € � � i REVISE LEGAL DESCRIPTION 02/26/21 FILE WC JJR UPDATE BOUNDARY SURVEY 02 08 21 FILE WC JJR DfSCNIPT/ON DWG. DATE fB PG BY CK SCALE '� = 20� ORAW/NG NUMBER: SHEET � oF � 21-052 �LEGEND O-Set Iron Rod ond Cap "LB 8360" ■-Found CM �-Found Iron Rod (and Cop) O-Found Pipe (and Cap) ABBREVIATIONS @=Baseline: 9M=Benc�mork; f��Cenlerline: C=Calculotetl; CRTV=Co01v N: LM= eo��.ete Mo��mme eonc=eo�«ei�; o=o.ea; omodm or Lenlml Anqle; E=Eoe4 E'LY=Emlarly, E/P=Edyo ol Pavemanl; ESMTsEasamonl; F.I.R.M.eFlaotl Insuranw Role Map; FNO=Fountl: IP=Iron Pipe; IRk(L)=1ron Rotl (antl 10 LopJ; L=(qre) Lengl�; N=Aleasuretl; MH=Monhole; N=Norlh; N'LY=Norl�criy, NGV(0)=Nollonal Geotlellc Verficol (Oolum) of 1929; NTS=Nol lo Scale; OHW=Over�eoC Wires; R=Properly Line; P=Plal; PC=Painl ol CurvoWre; PCC=Poinl ol Compountl Cunalure: PCP= Permanenl Canlrol Painl; POB=Point ol Beginning; POC=Poinl ol Commencemenl; PflC=Poinl of Reverse Curvalure; PflM=permanenl Felerenca Nonumenl; PT=Poinl ol Tongoncy, PU@0=Pubfc Ulifly antl Oroinage: R=Hodius: R/W=qighl-ef-Way, SoSoulh: SLY=SoulM1erly T=Tonqenl: TEL�ielepM1one Splice w Sni1cA Bo.; W=Wesl; w�v=wesieny. um=uur��e.):ia*=svo� eie�ouo� no�ea o� ��amoiea nowm. iSTANDAR� N07fS: � 1. No search of the pu6lic records (or delerminolion of ownership or restrictions affecting the lands shown was performed by the surveyor. 2. The survey depicted here Is prepared exclusively for those parties noted. 3. No responsibility or liability is assumed by the surveyor for use by othen not specifically named. 4. Not valid without the signalure and embossed seal of Florida licensed surveyor ond mapper �J4506. 5. There ore no visible above ground encroochmenls e�cept as shown. 6. No atiempt was mode lo locala underground improvamenls and/or ancroachments (if ony� os port of th13 9t!lVBY. 7. Thls survey was prepared in accordance with ond confortns to the standards of practice for proTessional surveyors and mappers as outllned In Chapter SJ-17, Florida Administrative Code. N 89°47'34' E 141.84'(M', w�rzn ucren I � J0.3 1 SlU1Y BuiIDiNG - 30.2' I OPMW-19 exnixun. rtr+ce • f11EE2EP p 9E'2ER 11.0' COVEREL 21.1' � CONCNEiE i S.s' „ 11 f �0.5 1 STORY BUILDING (RESNRRNTJ rouso s/e' �aoe noo h L�P 'NAB LS �BIO' lWNO 5/B' IFIX! HDD (xo �D.) o.a' x. --I__- fi].9'-__-__ I _ _ _ _ _ _ - 6J.6' - - _ _ - _ I �SFHALT I a ---- v's---- N - _ _ _ _ 55.3' _----- �� Z a I PARCELCONTAWS . t0.46 ACRES I �vxu� ]l.l' I _ _ - - 5].� � corv+m cwcacre � � TRADEWINDS SURVEYING GROUP, LLC. 200 SW 3rd Avenue Okeechobee, FL. 34974 Tel: (B83) 763-2887 � Fax: (863) 763-4342 Q '" ) i .i--�%=��.!�- John"J: Ric'e, P.S.M. (LS 4506) LB 8360 '