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2022-05-19 Handwritten MinutesCITY OF OKEECHOBEE, FLORIDA MAY 199 2022, 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, May 19, 2022, at &:U5 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida, followed by the 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 Mac Jonassaint Alternate Board Member David McAuley Alternate Board Member Jim Shaw PRESENT ABSENT l City Attorney Gloria Velazquez City Administrator Gary Ritter City Planning Consultant Ben Smith V7�- Board Secretary Patty Burnette General Services Secretary Keli Trimnal III. AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were (1b,/ L B. Motion by Board Member �Q.Q5 seconded by Board Member MO-C, to approve the agenda as presented. Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman Brass , Chartier , Jonassaint . Motion Carried/Denied. IV. MIN TE A. Motion by Board Member seconded by Board Member me-64 to dispense with the reading and approve the November 18, 2021, Board of Adjustment Regular Meeting minutes. Chairperson Hoover Vice Chairperson McCoy Board Members Baughman , Brass , Chartier , Jonassaint . Motion Carried/Denied. V. CTI�RPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT A. Special Exception Petition No. 22-001-SE requests to allow outdoor sales and storage, building trades contractor, in a Heavy Commercial Zoning District, (Ref. Code Sec. 90- 283(5)) located at 800 NW Park Street and in the 100 block along NW 9th Avenue. The proposed use is outdoor display and sales of carports, sheds, and farm equipment. 1. Notary Public Patty Burnette administered an oath to JQ.w twcI I ­�rt, ya+l_ a q fq (J e,ye (0,a 2. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. briefly tft"� reviewed the Planning Staff Report. This request involves two abutting parcels. The P4-, Southern parcel is approximately 0.325 acres with frontage on SR-70 and NW 8th Ave. S The Northern parcel is approximately 1 acre with frontage on NW 8th Ave, NW 2"d St, and NW 9th Ave. The two parcels have not previously been used together and are.339o/ separately owned. the southern parcel was previously approved for a special exception for outdoor vehicle sales (16-001-SE) with that approval still in effect. P. Burnette Handwritten Minutes, May 19, 2022, Page 1 of 5 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED The owner of the Southern parcel is the Applicant for this current request and has stated the desired goal of utilizing both parcels for outdoor display and sales of carports, sheds, and farm equipment; using the Northern parcel for display, the Southern parcel for parking, and to continue the existing vehicle sales use in operation on the Southern parcel. This request is consistent with the definition of outdoor sales and storage as provided in City Land Development Regulations (LDR's) Section 66-1. Both properties are designated Commercial on the Future Land Use Map (FLUM) and zoned Heavy Commercial (CHV). Code Section 90-283(5) specifically lists outdoor sales and storage as a special exception use in the CHV Zoning District. The northern parcel is vacant with no existing structures or noticeable improvements. The southern parcel on SR-70 is currently developed with two nonconforming structures, an unstriped parking area, and outdoor display area. The application mentions the presence of only one existing 1,000 square foot structure, though aerials and the submitted site plan indicate the presence of two existing structures. The property appraiser provides areas for these structures of 1,826 square feet and 900 square feet. Post/bollard locations are depicted around the entire perimeter with gaps for access points on NW 9th Ave, NW 8th Ave, and the alley that runs between the two subject parcels. The associated notation reads SECURITY BARRIER WILL BE POSTS AT NO MORE THAN 6 LINEAR FEET BETWEEN UPRIGHTS, STEEL OR WOODEN MAX HEIGHT 48 INCHES. Applicant stated gates will be added to the proposed access points. Though the City's code does not specifically address the placement of bollards in the required setback areas, these features provide security like fencing and may be considered a form of fencing. As such they are permitted in conformance with LDR's Section 90-369. Parking and loading for the operations will be provided on the Southern parcel, though Section 90-512 does not provide a specific parking standard for outdoor sales and towinP- storage, subsection 6 allows for the most similar parking standard to be applied to any use that is not specifically listed. Staff finds that automobile sales are the most similar er1Q(A listed use, which requires 1 parking space per 400 square feet of floor area, plus 1 0.� parking space per 1,500 square feet of outdoor area used for sales or display. The site 6� plan does not depict a designated display area though it may be safe to assume that approximately 30,000 square feet (after subtraction of the required buffers) of the Northern parcel will be utilized for display of goods. The required parking for the proposed use on the Northern parcel calculates to 20 parking spaces. The combined P floor area of the two existing structures on the Southern parcel (2,726 sf) requires ,X R61- approximately 7 spaces. The submittal does not include a parking plan and the site does 'kAt J11A1 not contain 27 striped parking spaces. However, it may not be reasonable to expect that the proposed operations of the site will require 27 parking spaces, even during peak periods. The Applicant's submittal also does not include traffic analysis, though the trip generation rates for these types of uses, as provided by the Institute of Transportation Engineers, do not indicate that high levels of vehicle trips should be expected (less than 4 vehicle trips generated during peak pm period); which further supports lower parking needs. Section 90-513 provides loading space standards based on floor area and this site does not contain enough floor area to warrant a loading space per the strict reading of the code. However, it will be a practical necessity to accommodate deliveries of goods by large trucks and trailers, the Applicant has identified an area on the Southern parcel that should accommodate the temporary parking and unloading of large trucks and trailers. Exhibits A and B were provided. DeAttlMES du'rinq nm p2U,k, h� Planning Staff's responses to the Applicant's presentation on consistency with LDR's are, the proposed use is specifically listed as a Special Exception in the CHV Zoning District. The subject parcels are located within the CHV zoning district, surrounded by commercial uses along SR-70, one of the City's main commercial corridors. Parcels with existing outdoor sales and display uses are located in the vicinity of the subject parcels. The location isn't directly adjacent to any residential uses or districts, though residential is present to the northwest. Other than security bollards and gates, the Applicant is not proposing any new buildings, structures, or other improvements at this time. No landscape plan has been submitted at this time. However, the city's landscape standards generally only require landscape improvements at time of development and P. Burnette Handwritten Minutes, May 19, 2022, Page 2 of 5 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED in conjunction with new parking/vehicular use areas. Since the applicant is not proposing any significant development of either parcel at this time, landscaping improvements will only be required if the Board determines that screening is necessary for the proposed use and/or if new parking facilities will be required to support the proposed use. The proposed operations should not necessarily create hazards, problems, or nuisances, provided that operations are limited to those that have been described by the Applicant in the submitted application and through verbal statements. It will be necessary to prohibit display in the required setback areas, per Section 90- 454, which states that, "goods shall not be stored in required yards". Utility and service requirements should not be affected by approval or denial of this request. It is not expected that the use will generate significant additional demand for utilities and services. No further development of the subject property is proposed as part of this special exception request. No traffic analysis has been provided, though staff has determined that the traffic generation for the proposed use is very low. The site is located with frontage on SR-70, with access to the parking area via SR-70 and NW 8tn Avenue. The site has ample space for internal circulation and the Southern parcel should accommodate large truck deliveries via NW 8tn Ave during non -business hours when the street parking on NW 8t" Ave is unused. Planning Staff's responses to the Applicant's presentation on the required findings are the requested use is not contrary to the City's Comprehensive Plan requirements; is authorized as a Special Exception use in the CHV Zoning District; should not have an adverse impact on the public interest as long as the aesthetics are maintained; is reasonably compatible with adjacent uses; should not negatively affect nearby property values. Should the Board find that the proposed use and operation of the site will require screening, then it may be required as a condition of the special exception approval. The Applicant has proposed a perimeter of security uprights with a maximum height of 48- inches, described as "steel or wooden" with "no more than 6 feet between posts". The security uprights serve a similar purpose as fencing and staff suggests that these posts be allowed and regulated as fencing according to Section 90- 639.The Applicant has verbally indicated that gates are also proposed on the northern parcel on each right-of- way frontage. The proposed use will not overburden public facilities or create traffic congestion. Based on the foregoing analysis, staff recommends approval with the following conditions: goods and materials shall not be stored in required yards; the required yard • setbacks for the Northern parcel are: 20 feet from West property line, 15 feet from North property line, 15 feet from East property line, and 10 feet from South property line; required yard setbacks for the Southern parcel are: 20 feet from South property line, 15 feet from East property line, 10 feet from North property line, and 8 feet from East property line. Deliveries shall be conducted during non -business hours and delivery vehicles shall park in the loading area identified in attached Exhibit A. Structures on display shall be installed to meet all requirements of the Florida Building Code an s all be permitted by the City of Okeechobee Building Department. Hoovtr - �MA , CQ rpl-s 15hYAS on &I'S pl, q,vcu,Labfe P aell-oIj ao s paces 7 5 par -US 5674t-- o n OU) K'" -1tl/e. out-dbcK C�c s p taq 40+_ 11wp,P_ P. Burnette Handwritten Minutes, May 19, 2022, Page 3 of 5 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED aciu.o� b s - I ►•� p om- sl�ape_ . Cary -� � laxc.� o Gnco e��ed . C �� Co,�CL b4l' �tr�s fe Screes rn�-so re dr � ganrM .iceed,n .�- 5ec�� p�P��s • P Qrc,� W i-bi �+ U j 0 5�s ? M� ncN` ,✓ri S he � 19, mar. , � u-0- d,`,stay 3. Mr. Jason Ferrell on behalf of himself as one of the two property owners was present and available for questions. I q 5a Stv 53'T'S4 a w rb Cq pta- ) < re"(' '. Cu,,�a p SCfe2ned ofF s ace s v n 4, P Pe . 5 a✓u� P d w Ll d rvP o�`fS c� « tip. st►'�-y fi Waut4 c� - 1 �,,�,c d & loam 0u.s- � Y� L h. �eSn � Low �0 be OU rN t� k-d' p �lo+-us�;ti5 foldc.] or 1:5 }�OOVQr: 5 Vtc: A u,'Fo 5o�lcs 4. No public comments were GEC 7offffered.t On a�tj�t1r8 b-�vea'�tt � pGL (�2� � l0 o f SR plq'n'b 0� tom`-� P� , co L dam J\C`) fo Ix for 5. No Ex-Parte disclosures were offered. ` I uslr �y 9 'jad"v✓ kAe- � 1gD dam(, m, ►•- 0 fa S fiVo G� paC a J P. Burnette Handwritten Minutes, May 19, 2022, Page 4 of 5 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 6. Motion by Board Member -BG�iK- , seconded by Board Member to approve Special Exception Petition No. 22-001-SE as presented in [Exhibit 1, which includes the standards and findings as required for granting Petitions per Code Section 70-373, and the Planning Consultant's analysis of the findings and recommendation for approval] with the following special conditions: Goods and materials shall not be stored in required yards; required yard setbacks 5 fo the Northern parcel are: 20 feet from West property line, 15 feet from North rpl- ,ry prroperty line, 15 feet from East property line, and 10 feet from South property line; required yard setbacks for the Southern parcel are: 20 feet from South property line, 15 feet from East property line, 10 feet from North property line, and 8 feet from East p property line. Deliveries shall be conducted during non -business hours and delivery vehicles shall park in the loading area identified in attached Exhibit A. Structures on display shall be installed to meet all requirements of the Florida Building Code and shall be permitted by the City of Okeechobee Building Department. Chairperson Hoover , Vice Chairperson McCoy Board Members Baughman , Brass , Chartier , Jonassaint . Motion Carried/Denied. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT .33 VI. Chairperson Hoover adjourned the meeting at ( • 33 P.M. P. Burnette Handwritten Minutes, May 19, 2022, Page 5 of 5 Board of Adjustment 22-001-SE Meeting May 19, 2022 Name (Please Print) Address Signatur - -------------------> X 2. G Signature --------------------------------> X 3. Signature --------------------------------> X 4. Signature --------------------------------> X 5. Signature --- ----------------------------- > X 6. Signature --------------------------------> X 7. Signature --------------------------------> 8. Signature --- ----------------------------- > 9. Signature --------------------------------> 10. Signature --------------------------------> RE IN CITY OF OKEECHOBEE, FLORIDA MAY 1 % 2022, BOARD OF ADJUSTMENT MEETING HANDWRITTEN MINUTES BY KELI TRIMNAL I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, May 19, 2022, at 6103 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance. II. ATTENDANCE PRESENT ABSENT Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman Board Member Karyne Brass Board Member Rick Chartier Board Member Mac Jonassaint Alternate Board Member David McAuley Alternate Board Member Jim Shaw City Attorney Gloria Velazquez City Administrator Gary Ritter ✓ City Planning Consultant Ben Smith Board Secretary Patty Burnette General Services Secretary Keli Trimnal III. AGENDA A. Chairperson Hoover asked whggther there were any agenda items to be added, deferred, or withdrawn. There were N'0 tj 4- B. Motion by Board Member hAw , seconded by Board Member to approve the agenda as presented. Chairperson Hoover , Vice Chairperson McCoy Board Members Baughman , Brass , Chartier , Jonassaint . Motion Carried/Denied. IV. MINUTES A. Motion by Board Member VLLO-�% , seconded by Board Member to dispense with the reading and approve the November 18, 2021, Board Adjustment justment Regular Meeting minutes. Chairperson Hoover Vice Chairperson McCoy Board - Members Baughman , Brass , Chartier , Jonassaint . Motion Carried/Denied. V. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT ( 0S A. Special Exception Petition No. 22-001-SE requests to allow outdoor sales and storage, building trades contractor, in a Heavy Commercial Zoning District, (Ref. Code Sec. 90- 283(5)) located at 800 NW Park Street and in the 100 block along NW 9th Avenue. The proposed use is outdoor display and sales of carports, sheds, and farm equipment. 1. Notary Public Patty Burnette administered an oath to 2. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. briefly reviewed the Planning Staff Report. This request involves two abutting parcels. The Southern parcel is approximately 0.325 acres with frontage on SR-70 and NW 8th Ave. The Northern parcel is approximately 1 acre with frontage on NW 8th Ave, NW 2"d St, and NW 9th Ave. The two parcels have not previously been used together and are separately owned. the southern parcel was previously approved for a special exception for outdoor vehicle sales (16-001-SE) with that approval still in effect. K. Trimnal Handwritten Minutes, May 19, 2022, Page 1 of 5 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED The owner of the Southern parcel is the Applicant for this current request and has stated the desired goal of utilizing both parcels for outdoor display and sales of carports, sheds, and farm equipment; using the Northern parcel for display, the Southern parcel for parking, and to continue the existing vehicle sales use in operation on the Southern parcel. This request is consistent with the definition of outdoor sales and storage as provided in City Land Development Regulations (LDR's) Section 66-1. Both properties are designated Commercial on the Future Land Use Map (FLUM) and zoned Heavy Commercial (CHV). Code Section 90-283(5) specifically lists outdoor sales and storage as a special exception use in the CHV Zoning District. The northern parcel is vacant with no existing structures or noticeable improvements. The southern parcel on SR-70 is currently developed with two nonconforming structures, an unstriped parking area, and outdoor display area. The application mentions the presence of only one existing 1,000 square foot structure, though aerials and the submitted site plan indicate the presence of two existing structures. The property appraiser provides areas for these structures of 1,826 square feet and 900 square feet. Post/bollard locations are depicted around the entire perimeter with gaps for access points on NW 9th Ave, NW 8th Ave, and the alley that runs between the two subject parcels. The associated notation reads SECURITY BARRIER WILL BE POSTS AT NO MORE THAN 6 LINEAR FEET BETWEEN UPRIGHTS, STEEL OR WOODEN MAX HEIGHT 48 INCHES. Applicant stated gates will be added to the proposed access points. Though the City's code does not specifically address the placement of bollards in the required setback areas, these features provide security like fencing and may be considered a form of fencing. As such they are permitted in conformance with LDR's Section 90-369. Parking and loading for the operations will be provided on the Southern parcel, though Section 90-512 does not provide a specific parking standard for outdoor sales and storage, subsection 6 allows for the most similar parking standard to be applied to any use that is not specifically listed. Staff finds that automobile sales are the most similar listed use, which requires 1 parking space per 400 square feet of floor area, plus 1 parking space per 1,500 square feet of outdoor area used for sales or display. The site plan does not depict a designated display area though it may be safe to assume that approximately 30,000 square feet (after subtraction of the required buffers) of the -s Northern parcel will be utilized for display of goods. The required parking for the proposed use on the Northern parcel calculates to 20 parking spaces. The combined floor area of the two existing structures on the Southern parcel (2,726 so requires approximately 7 spaces. The submittal does not include a parking plan and the site does �p not contain 27 striped parking spaces. However, it may not be reasonable to expect that the proposed operations of the site will require 27 parking spaces, even during peak periods. The Applicant's submittal also does not include traffic analysis, though the trip generation rates for these types of uses, as provided by the Institute of Transportation Engineers, do not indicate that high levels of vehicle trips should be expected (less than 4 vehicle trips generated during peak pm period); which further supports lower parking needs. Section 90-513 provides loading space standards based on floor area and this site does not contain enough floor area to warrant a to g�pace_nP�thetrirt reading of the co e. However, it will be a practical necessity to accommodate deliveries of goods by large trucks and trailers, the Applicant has identified an area on the Southern parcel that should accommodate the temporary parking and unloading of large trucks and trailers. Exhibits A and B were provided. Planning Staffs responses to the Applicant's presentation on consistency with LDR's are, the proposed use is specifically listed as a Special Exception in the CHV Zoning District. The subject parcels are located within the CHV zoning district, surrounded by commercial uses along SR-70, one of the City's main commercial corridors. Parcels with existing outdoor sales and display uses are located in the vicinity of the subject parcels. The location isn't directly adjacent to any residential uses or districts, though residential is present to the northwest. Other than security bollards and gates, the Applicant is not proposing any new buildings, structures, or other improvements at this time. No landscape plan has been submitted at this time. However, the city's landscape standards generally only require landscape improvements at time of development and K. Trimnal Handwritten Minutes, May 19, 2022, Page 2 of 5 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED in conjunction with new parking/vehicular use areas. Since the applicant is not proposing any significant development of either parcel at this time, landscaping improvements will only be required if the Board determines that screening is necessary for the proposed use and/or if new parking facilities will be required to support the proposed use. The proposed operations should not necessarily create hazards, problems, or nuisances, provided that operations are limited to those that have been described by the Applicant in the submitted application and through verbal statements. It will be necessary to prohibit display in the required setback areas, per Section 90- 454, which states that, "goods shall not be stored in required yards". Utility and service requirements should not be affected by approval or denial of this request. It is not expected that the use will generate significant additional demand for utilities and services. No further development of the subject property is proposed as part of this special exception request. No traffic analysis has been provided, though staff has determined that the traffic generation for the proposed use is very low. The site is located with frontage on SR-70, with aocess_1Q the parking.@rea via SR and NW 81n Avenue. The site has ample space for internal circulation and the Southern parcel should accommodate large truck deliveries via NW 8tn Ave � during non -business hours when the street parking on NW 8th Ave is unused. vy Planning Staffs responses to the Applicant's presentation on the required findings are the requested use is not contrary to the City's Comprehensive Plan requirements; is authorized as a Special Exception use in the CHV Zoning District; should not have an adverse impact on the public interest as long as the aesthetics are maintained; is reasonably compatible with adjacent uses; should not negatively affect nearby property values. Should the Board find that the proposed use and operation of the site will require screening, then it may be required as a condition of the special exception approval. The Applicant has proposed a perimeter of security uprights with a maximum height of 48- inches, described as "steel or wooden" with "no more than 6 feet between posts". The security uprights serve a similar purpose as fencing and staff suggests that these posts be allowed and regulated as fencing according to Section 90- 639.The Applicant has verbally indicated that gates are also proposed on the northern parcel on each right-of- way frontage. The proposed use will not overburden public facilities or create traffic congestion. Based on the foregoing analysis, staff recommends approval with the following conditions: goods and materials shall not be stored in required yards; the required yard setbacks for the Northern parcel are: 20 feet from West property line, 15 feet from North property line, 15 feet from East property line, and 10 feet from South property line; required yard setbacks for the Southern parcel are: 20 feet from South property line, 15 feet from East property line, 10 feet from North property line, and 8 feet from East property line. Deliveries shall be conducted during non -business hours and delivery vehicles shall park in the loading area identified in attached Exhibit A. Structures on display shall be installed to meet all requirements of the Florida Building Code and shall be permitted by the City of Okeechobee Building Department. v � do �►.`. ,(�( l� �(JA.�-cc..� K. Trimnal Handwritten Minutes, May 19, 2022, Page 3 of 5 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED ���� V'�j� �Ul pc�v L� is �M �ll i LW SS JCL NO, P cuss. "G, 3. Mr. Jason Ferrell on behalf of himself as one of the two property owners was present and available for questions. w � C Cl � 4. No public comments were offered. 5. No Ex-Parte disclosures were offered. K. Trimnal Handwritten Minutes, May 19, 2022, Page 4 of 5 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 6. Motion by Board Member , seconded by Board Member to approve Special Exception Petition No. 22-001-SE as presented in [Exhibit 1, which includes the standards and findings as required for granting Petitions per Code Section 70-373, and the Planning Consultant's analysis of the findings and recommendation for approval] with the following special conditions: Goods and materials shall not be stored in required yards; required yard setbacks for the Northern parcel are: 20 feet from West property line, 15 feet from North property line, 15 feet from East property line, and 10 feet from South property line; required yard setbacks for the Southern parcel are: 20 feet from South property line, 15 feet from East property line, 10 feet from North property line, and 8 feet from East property line. Deliveries shall be conducted during non -business hours and delivery vehicles shall park in the loading area identified in attached Exhibit A. Structures on display shall be installed to meet all requirements of the Florida Building Code and shall be permitted by the City of Okeechobee Building Department. Chairperson Hoover Vice Chairperson McCoy Board Members Baughman , Brass , Chartier , Jonassaint . Motion Carried/Denied. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT VI. Chairperson Hoover adjourned the meeting at Z"T K. Trimnal Handwritten Minutes, May 19, 2022, Page 5 of 5