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2022-09-15 Handwritten Notes.. aT"Eai.'" .. `� :,RF�'�`s37"1�"�h��=Pi •�" r�,;rS",rU ti, s'�.,�.Y.���S£'a."- CITY OF OKEECHOBEE, FLORIDA SEPTEMBER 15, 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, September 15, 2022, at 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 -_ a Board Member Mac Jonassaint r Board Member David McAuley - Alternate Board Member Jim Shaw Alternate Board Member Carl Berlin, Jr. ✓ City Attorney Gloria Velazquez City Administrator Gary Ritter c, City Planning Consultant Ben Smith Board Secretary Patty Burnette General Services Secretary Keli Trimnal AGENDA Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were Motion by Board Member , seconded by Board Member to approve the agenda as presented. Chairperson Hoover Vice Chairperson McCoy , ,Board Members Baughman__ Brass Chartier, Jonassaint McAuley"U= Motion Carried/Denied. asked whether there were any comment cards submitted for items not on the agenda. There were IV. MINUTES A. Motion by Board Member seconded by Board Member to dispense with the reading and approve the May 1-9,- 2022, Board of Adjustment Regular Meeting minutes. Chairperson Hoover Vice Chairperson McCoy , Board Members Baughman , Brass , Chartier , Jonassaint , McAuley'' Motion Carried/Denied. -- CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT s4 iYl } Special Exception Petition No. -002-SE. regueMto allow an Alcohol and Drua Rehabilitation Center in a Light Commercial (CLT) Zoning District, W� (Ref. Code Sec. 9 located directly North of the property. 1. Notary Public Patty Burnette administered an oath to- " [^.*)(n swu+7 .. Lr, Bewla, QUASI-JUDICIALCHEARING iTEWA-CONTINUED ine nter 2.- City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. briefly reviewed the Planning Staff Report for Special Exception Petition 22- 002-SE. The request involves two abutting parcels, totaling 0.644 acres, with frontage on NE 2"d Avenue to the West and NE_6t_"Istreetto-the_S-o.uth—__ The rehab facility will have 36 beds and_a maximum of 15employees per shift -working on a rotating basis seven darts -a week. If the speeial-exception application is approved, the property may be developed according to standards of the Comprehensive Pla-n--and--the--Land--Development Regulations (LDR's), specifically those that pertain to the CLT Zoning District. w Planning Staffs responses to the Applicant's presentation on consistency with--LDR s-are-,-the proposed treatment--center.--is_ap-expansion-of an existing treatment center to the North of the subject property. Commercial uses exist -to -the West and residential dwellings exist to the South and -East of the subject property. The site is within the area that is generally recognized as the US 441--Commercial Corridor which is intended for -uses consistent with the Commercial Future Land Use (FLU) The proposed site plan demonstrates compliance with the required setbacks and minimum landscape standards.. Applicant is sina to _e propoxpand the existing use of. the property to the North, which has not experienced any compatibility issues that rdaff i"ware of. Applicant is also proposing-a--perimeter-fence.--. around the existing facility as well as the subject property, which staff is recommending -as -a - condition -of-approval. Additional design -considerations will be contemplated when the full site plan is reviewed by the City's Technical Review-C-ommi ee kTRC). Landscape perimeter buffering is proposed on the site plan and will be required per City Code at the time of site plan review. As an additional assurance of compatibility, staff commends that an.. enhanced landscape buffer width, --(a five-foot I along the East property -line), be required as a condition of approval of this -Special Exception -request toallowfor both the landscaping and required fencing to be successfully implemented in order to provide - -additional buffering. -The City of Okeechobee Police department informed staff that there have been no formal complaints from area residents - regarding-fhe existing-fiaci iiity to the NoFtfi of this site Cf-deemed necessary; - additional screening, or conditions on the operations may be required by the Board as a condition of approval of this request. As part of the —Applicant's previou-s--r-equest to amend the FLU of the subject property, _ letters of availability from the Okeechobee Utility Authority (OUA) were provided which indicate that service is available in the area and thereas adequate capacity to serve the project. It has also been demonstrated the traffic generation -of this site will not have a significant impact on the local - roadways or US-441. The Applicant provided a traffic analysis that estimates 85 totaldaily trips generate with eigfit-PM peak hour nps wi 1h three being in and five being out, which is not expected to create a burden on surrounding roadways. Additionally, the submitted description of the P. Burnette Handwritten Minutes, September 15, 2022, Page 2 of 8 proposed operations of the site state that patients of the aci i y will not be permitted to drive to the facility or store vehicles on the premises, which staff is recommending as a condition of approval. Staff is also recommending that the total number of parking spaces should provide for the maximum number of employees per shift (15), and an additional two spots shall be provided for visitors/drop offs, for total of 17 spaces. 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; the City of Okeechobee Comprehensive Plan does no contain any policies which would prohibit the requested use. Group homes and related commercial activities are listed as permissible uses within the Commercial FLU category, in which the project is located. The proposed use is consistent with the Commercial FLU category as defined within the Comprehensive Plan; Alcohol and Drug Rehab ilitation/Detox Center is an allowed Special Exception Use within the CLT Zoning District; there have been no formal complaints from area residents regarding the existing facility, it is not expected that expansion of this use to the subject property will create any disturbance or adverse effects; the subject site and location is reasonably appropriate for the proposed use and will not be detrimental to urbanizing land use patterns; the property to the North, South, East, and West of the project area are already developed. The subject property is adjacent to residential uses to the South and the East. Landscape buffering will be required per City Code and the Applicant is proposing a perimeter fence, both of which will help to mitigate any negative impacts to the adjacent residential uses. Therefore, there is no indication that the requested use will adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent property. V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED The proposed use will not generate any demand on the local school system. The Applicant states patients will not drive themselves to the facility. Staff is recommending a condition of approval that patients will not be permitted to park on -site overnight. Demand for utilities should not have a significant impact on the OUA's capacity and will be less than what was previously calculated as part of the associated FLU Map Amendment and Rezoning. The site has good access approximate to US-441 and the traffic generation associated with employees and with patient drop-offs will not be an amount of any significance that would overburden local roadways. d - Q,1,A,4. t+ Based on the foregoing analysis, staff recommends approval with the following conditions: The submitted Special Exception may not take effect until the concurrently proposed Rezoning and Comprehensive Plan Amendment have been approved by the City Council; Outdoor cigarette disposal receptacles shall be provided on -site; No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and (that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight; A perimeter fence shall be required, surrounding both the existing rehabilitation facility and the subject site; An enhanced landscape buffer 5 feet wide shall be required along the East property line which will also accommodate the proposed fencing and a hedge; Alley abandonment shall be approved, or an alley use agreement shall be executed to accommodate a sidewalk between the subject property and the abutting existing facility to the North and to accommodate perimeter fencing around both sites; Fifteen (15) parking spaces for employees and two (2) for visitors, to total seventeen (17) spaces, shall be provided on the subject property; The site plan should provide an appropriate location for a dumpster enclosure. P. Burnette Handwritten Minutes, September 15, 2022, Page 3 of 8 bra-s'I;ij. opt prt�'ctb wou.lct ►�c�,.�--�e- t� t� a co tc _ �o 6e bk kLai. Plat, .tL d f fie c s r w-red. 3� n = �3y Q.•-d �a,. es co/f mloq A�Ka - does +he's • _ � � as �•R.twt �✓ ere ��+ a�F �,ti --- clo � Rave OA PD bc& 6 n. � fq f 1 1 W(uz. ? T&qd.� -r ha v s ` Laer S o tn2P MUM- SOW 53 .fit fea,A.)e awl- t t t;f ntue� csKe..e ,gat-- Pad- W � lncrec,�e. •, � CQ,,,,'�- .I� MA.a.-(.r *,ILyc-)— �T - - o ern.toP P7EFufheftd R5fiawritten Minutes, septeMber 15, ZU22, Page 4 of 8 _F; as ��ad�y�•. , k 3. Mr. Steven L. Dobbs on behalf of Property Owner, 608 Okeechobee, LLC, was present and available for questions. AOq eoAdth6o. " p ?off �_ - S'�, e � . j,�,iic,! h� Cho • mac- e�-m�,�' _ L �w�-far Svc sue" r dins Eno� LL41" If Y AP CI,YI(,Y-iQ..l`�• '+.' Trsr Iln '�' fLICP.�i�SP� C� tm,c t.e,�i, tU ry not �erLC� r Ma 04 Mar, 40 vu.✓ tE.rt � �� � 5 3p Ia.e kda }l ivbbs -- Most ;Mou + b f s ..,.1 41YUXA s _ 11VICAIG _n dam �1 .:t�tu�azrirhia.� . a c l k fu aa OWN" Ka4 rv* ►'V1Aac.e, 614*La� l 14 fib 114 �C 10 c oliku (�Lt V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED --- ----- 4. No public comments were offered. QOM 1 nJ 3" - T" CIA M17 oc o_� tb P. Burnette Handwritten Minutes, September 15, 2022, Page 5 of 8 I q� and hCf b� or. Y D n - 4JiGL --6. Motion by Board Mernf i seconded by Board Member--- i i i6tz. t approv , Special Exception Petition No. 22-002-SE as presented in [Exhibit 1, which includes the standards and findings as required.. fox--gTanting-P-atitions per Code Section 70-373, and_ke—._ Planning Consultant's analysis of the findings and recommendation for -approval]-with the following special conditions: The submitted -Speciai- Exception may not take effect until the concurrently proposed Rezoning and Comprehensive Plan Amendment have been approved by the City __- Council; Outdoor cigarette disposal receptacles shall be provided on- site; No patient shall be admitted to the rehabilitation facility unless dropped off by a- friend or --relative and that -nor -vehicle -in -any way associated with the patient or person dropping off the patient be left at the facility overnight; A perimeter fence shall be required, surrounding _ _both the existing rehabilitation-faciGty-and the subject site;_ An. enhanced landscape buffer 5 feet wide shall be required along the East property line -which will also accommodate the -proposed fencing and -a -hedge; Alley abandonment shall be approved, or an alley use agreement shall be executed to accommodate a sidewalk between the subject property and the abutting existing faciUy-ID-_the North and toaccomm-odate . perimeter fencing around both sites; Fifteen (15) parking spaces for ---employees and two (2) for visitors, to total seventeen (1 7)-spaces, shall - be provided on the subject property; The site plan should provide an ►� Air' , to [ CM 1f — appropriate location for a dumpster enclosure. tRAIRPER HEARING AT P. Burnette Handwritten Minutes, September 15, 2022, Page 7 of 8 gTy-,fly -, u VI. Chairperson Hoover adjourned the meeting at P.M. kJJ CITY OF OKEECHOBEE, FLORIDA SEPTEMBER 15, 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, September 15, 2022, at 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 Board Member David McAuley Alternate Board Member Jim Shaw Alternate Board Member Carl Berlin, Jr 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 whether there were any agenda items to be added, deferred, or withdrawn. There were J\') -om B. Motion by Board Member W&Q64 , seconded by Board Member to approve the agenda as presented. Chairperson Hoover Vice Chairperson McCoy Board Members Baughman , Brass , Chartier Jonassaint McAuley . Motion Carried/Denied. C. asked whether there were any comment cards submitted for items not on the agenda. There were IV. MINUTES A. Motion by Board Member seconded by Board Member to dispense with the reading and approve the May 19, 2022, Board of Adjustment Regular Meeting minutes. Chairperson Hoover Vice Chairperson McCoy Board Members Baughman , Brass Chartier Jonassaint McAuley Motion Carried/Denied. V. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT � � r A. Special Exception Petition No. 22-002-SE. requests to allow an Alcohol and Drug Rehabilitation Center in a Light Commercial (CLT) Zoning District, (Ref. Code Sec. 90- 253(21)) located at 201 through 205 NE 6th Street. The proposed use is to expand the existing alcohol/drug rehabilitation center located directly North of the property. 1. Notary Public Patty Burnette administered an oath to: S "4-) I � . Trimnal Handwritten"Minutes, September 15, 2022, Page 1 of 6 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 2. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. briefly _____reviewed the Planning Staff Report for Special Exception Petition 22-002-SE. The request involves two abutting parcels, totaling 0.644 acres, with frontage on NE 2nd Avenue to the West and NE 6th Street to the South. The rehab facility will have 36 beds and a maximum of 15 employees per shift working on a rotating basis seven days a week. If the special exception application is approved, the property may be developed according to standards of the Comprehensive Plan and the Land Development Regulations (LDR's), specifically those that pertain to the CLT Zoning District. Planning Staff's responses to the Applicant's presentation on consistency with LDR's are, the proposed treatment center is an expansion of an existing treatment center to the North of the subject property. Commercial uses exist to the West and residential dwellings exist to the South and East of the subject property. The site is within the area that is generally recognized as the US 441 Commercial Corridor which is intended for �u uses consistent with the Commercial Future Land Use (FLU) The proposed site plan �t demonstrates compliance with the required setbacks and minimum landscape standards. Applicant is proposing to expand the existing use of the property to the North, S which has not experienced any compatibility issues that staff is aware of. Applicant is U�� also proposing a perimeter fence around the existing facility as well as the subject property, which staff is recommending as a condition of approval. Additional design considerations will be contemplated when the full site plan is reviewed by the City's Technical Review Committee (TRC). Landscape perimeter buffering is proposed on the site plan and will be required per City Code at the time of site plan review. As an that an enhanced landscape additional assurance of compatibility, staff recommends buffer width, (a five-foot minimum along the East property line), be required as a condition of approval of this Special Exception request to allow for both the landscaping and required fencing to be successfully implemented in order to provide additional buffering. The City of Okeechobee Police department informed staff that there have been no formal complaints from area residents regarding the existing facility to the North of this site. If deemed necessary, additional screening, or conditions on the operations \jVV r may be required by the Board as a condition of approval of this request. As part of the to the FLU of the subject letters of Applicant's previous request amend property, r� availability from the Okeechobee Utility Authority (OUA) were provided which indicate that service is available in the area and there is adequate capacity to serve the project. voy It has also been demonstrated the traffic generation -of this site will not have a significant__,._ _ impact on the local roadways or US-44f. The Applicant provided a traffic analysis that estimates 85 total daily trips generated with eight PM peak hour trips with three being in and five being out, which is not expected to create a burden on surrounding roadways. Additionally, the submitted description of the proposed operations of the site state that patients of the facility will not be permitted to drive to the facility or store vehicles on the premises, which staff, is recommending as a condition of approval. Staff is also recommending that the total number of arkin ,paces should proui.d.e.1dr,Ahe..maxi.mum num er o emp ogees per shift (15), and an additional two spots s _II p.rouided for • .. p fo __.. p w visitors%dro offs, for total of 17 s aces. 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; the City of Okeechobee Comprehensive Plan does not contain any policies which would prohibit the requested use. Group homes and related commercial activities are listed as permissible uses within the Commercial FLU category, in which the project is located. The proposed use is consistent with the Commercial FLU category as defined within the Comprehensive Plan; Alcohol and Drug Rehabilitation/Detox Center is an allowed Special Exception Use within the CLT Zoning District; there have been no formal complaints from area residents regarding the existing facility, it is not expected that expansion of this use to the subject property will create any disturbance or adverse effects; the subject site and location is reasonably appropriate for the proposed use and will not be detrimental to urbanizing land use patterns; the property to the North, South, East, and WesFof 'ffie projecf area are aFrready developed. The subject property is adjacent to residential uses to the South and the East. Landscape buffering will be required per City Code and the Applicant is proposing a perimeter fence, both of which will help to mitigate any negative impacts to the adjacent residential uses. Therefore, there is no indication that the requested use will adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent property. K. Trimnal Handwritten Minutes, September 15, 2022, Page 2 of 6 910 E abed `ZZOZ `q6 aagweld@S `salnuiW uGll!JmpueH leuw[J-L .N �PP��-1-rin Vn� --u o Z -aansoloua aalsdwnp e aol uoljeool aleudoidde ue ap!noid pinoys ueld al!s ayl '.Ajjadoad joafgns ay} uo pap!noid aq lleys 'saoeds (L �) uaaJuanas Ie101 01 'saoI!s!n aoI (Z) onnl pue seeAoldwa aol saoeds 6ui�jed (5 L) uea:4! j 'sa}!s yloq punwe buioual aalawpad alepoww000e 01 pue WON ayj o} Al!l!oel bu!lslxe 6uil}nge ayj pue Aliadoid joefgns ay} ueannlaq � Iennap!s e alepoww000e of palnoaxe aq lleys juawaaa6e asn Aalle ue ao 'panoadde aq,j yys }uawuopuege AaIIV 'abpay e pue buloua; pasodoad ayl alepoww000e osle II!nn yo!ynn au!l A}aadoad Ise3 aye 6uole paa!nbaa aq IlysS'!nn }aaf-g-M}}nq adosp _ paoueyua uy 'a}!s loafgns a pue ue �(!idel uo��!lgeyaa 6uis!xa ay} }u oq 6uipunoaans 'paa!nbaa aq Ileys aoual aalawpad y 'Iy6!uaano AI!I!oej ayl le dal aq jua!led ayj go buiddoap uosaad ao lua!led ay} yl!nn paje!oosse Aenn AUe ui alolyan ou Ieyj pue an!lelaa ao pua!aj e Aq ;.jo paddoap ssalun Appel uo!jej!l!geyaa ayI of pajpwpe aq lleys jua!led ON 'aj!s-uo pap!noid aq lleys saloeldaoaa lesodslp allaie6!o aoop}np 'Ilounoo Apo ayj Aq panoadde ueaq aney luawpuawy ueld an!suayaadwo0 pue bu!uoza�l pasodoad Alluaimmoo ayj pun joaga a� ej IOU Aew uoijdaox3 le!oadS pepwgns ayl :suo!l!puoo 6uinnolloI ayj yl!nn lenoadde spuawwooaa }}e}s 's!sAleue buio6aaol ayj uo pase9 -sAennpeoi leool uapangaano pinom leyl aoueo!j!u6!s Sue jo junowe ue aq jou ll!M s}}o-doap jua!led yl!nn pue saaAoldwa yl!nn pale!oosse uoijeaauab oi}}eal ayi pue itt-sn of ajew!xoidde sseooe pooh sey aI!s ayl -6u!uoza�j pue Juawpuawy deal mj paieloosse ayj ;o fed se palelnoleo Alsnolnaad seen }eynn ueyl ssal aq II!nn pue Apeds,ynp ayl uo 10edWl jue0!j!u6!s a aneq Iou pjnoys saij!pn aol puewa4 'Iy6!u.aano al!s-uo �jed o} pall!waad aq }ou Ilp slua!led }eyj lenoadde jo uoll!puoo e 6uipuawwo0aa si j4elS 'AI!I!oej ayl 01 sanlaswayJ anlap you II!M s�ua!�ed sa}ens }ueo!iddy ayl -w@IsAs looyos leool ayj uo puewap Aue ajeaauab jou Ilp asn pasodoad ayl minNI1NOa V W311 9NIUV3H onsnd itllalanr-Isvnt) 'A V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED O'Lx E - D t.V(�D%1, I 3. Mr. Steven L. Dobbs on behalf of Property Owner, 608 Okeechobee, LLC, was present and available for questions. C-7 . Cse^�Tt, r 4 Coo (S�ILJI�� -,IV, 11 _�aU'It- 0 K. Trimnal Handwritten Minutes, September 15, 2022, Page 4 of 6 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 4. No public comments were offered. �O1� wt-ate.-- ° �. Lo aid` O -�1 yLok94A 1 41 C�' rrt) %k r Kok K. Trimnal Handwritten Minutes, September 15, 2022, Page 5 of 6 C� kuA lskt TAI .rL OVkA A,-7 Wl vQ Gbh-- (r�r.�. -�-A ow �rY Aj v� 4-f o �-� be � `�' °6�.. � zu( w ZA r V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 5. No Ex-Parte disclosures were offered. 0 o i. 6. Motion by Board Member �seconded by Board Member �11\k(i to approve Special Exception Petition No. 22-002-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: The submitted Special Exception may not take effect until the concurrently proposed Rezoning and Comprehensive Plan Amendment have been approved by the City Council; Outdoor cigarette disposal receptacles shall be provided on -site; No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight; A perimeter fence shall be required, surrounding both the existing rehabilitation facility and the subject site; An enhanced landscape buffer 5 feet wide shall be required along the East property line which will also accommodate the proposed fencing and a hedge; Alley abandonment shall be approved, or an alley use agreement shall be executed to accommodate a sidewalk between the subject property and the abutting existing facility to the North and to accommodate perimeter fencing around both sites; Fifteen (15) parking spaces for employees and two (2) for visitors, to total seventeen (17) spaces, shall be provided on the subject property; The site plan should provide an appropriate location for a dumpster enclosure. C,_tl-g n Chairperson Hoover Vice Chairperson McCoy Board Members Baughman , Brass , Chartier Jonassaint McAuley . Motion Carried/Denied. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT VI. Chairperson Hoover adjourned the meeting at � _ -, P.M. K. Trimnal Handwritten Minutes, September 15, 2022, Page 6 of 6