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2022-09-15 Item V. A. Exhibit 122-002-SE Special Exception Staff Report _ I Cam' w w.• r � ,i "asNf !1HST J% rrar -+14 .,�.♦� er ..:> <41 a flip j�jj. '�- . ,� �.j III■■■ Applicant 1 608 Okeechobee, LLC Address ! 205 NE 6t" Street Prepared for The City of Okeechobee MORRIS DEPEW Special Exception Staff Report September 6, 2022 Petition No. 22-002-SE General Information Owner: 608 Okeechobee, LLC Applicant: 608 Okeechobee, LLC Primary Contact: Steven L. Dobbs (863)-634-0194 Site Address: 205 NE 6TH Street Parcel Identification: 3-15-37-35-0010-00780-0070 and 3-15-37-35-0010-00780-0090 Note: For the legal description of the project or other information relating 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/agendas.html Future Land Use, Zoning, and Existing Use of Subject Property Parcel Identification: Existing Proposed 3-15-37-35-0010-00780-0070 Future Land Use Commercial Commercial Zoning CPO CLT Use of Property Vacant Special Exception; Treatment Center Expansion Acreage 0.321 0.321 Parcel #1: Existing Proposed 3-15-37-35-0010-00780-0090 Future Land Use Single -Family Residential Commercial Zoning RSF-1 CLT Use of Property Single Family Residence Special Exception; Treatment Center Expansion Acreage 0.321 0.321 CITY OF OKEECHOBEE 1 MORRIs - - DEPEW Special Exception Staff Report September 6, 2022 Petition No. 22-002-SE Future Land Use, Zoning, and Existing Use of Surrounding Properties Future Land Use Zoning Existing Use North Commercial CLT Treatment Services Single Family RSF-1 East Residential Residential Multi -Family South Residential & CLT; RMF Retail and Duplex Commercial West Commercial CHV Vacant Description of Request and Existing Conditions The request for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for the expansion of a Drug and Alcohol Treatment Center. The request involves two abutting parcels. The request is for two parcels, totaling 0.644 acres, with frontage on NE 2nd Avenue to the west and NE 6th Street to the south. The Applicant is proposing a special exception to allow for expansion of an existing alcohol and drug rehabilitation center/detox center that abuts the subject property to the north. 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 Code, specifically those that pertain to the CLT district. Consistency with LDC Section 70-373 City LDC Section 70-373(b) requires that applicants for special exception requests must address the following standards. The applicant has submitted responses to each standard, which are provided un- edited below. Staff comments are also provided in response to the standards and the applicant's responses. (1) Demonstrate that the proposed location and site is appropriate for the use. Applicant Response: The site is one block from 441 N, north of NE 6th Street. The site has good access from the south and west, this site is appropriate for the proposed use. However, since the use is going to be the south half of the lot and the access is planned off of NE 6th Street this project will have very little impact to adjoining property owners to the west, east and north. Staff Comments: 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 CITY OF OKEECHOBEE I MORRIS. _--- DEPEW Special Exception September 6, 2022 Staff Report Petition No. 22-002-SE 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 category. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood. Applicant Response: The proposed building show on the site plan on the proposed lot works within the criteria for this zoning district, so no special design effort is required. Staff Comments: The proposed site plan demonstrates compliance with the required setbacks and minimum landscape standards. Through this request, the applicant is proposing to expand the existing use of the property to the north, which has not experienced any compatibility issues that staff is aware of. The 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 Committee. (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses. Applicant Response: Visual screening will not be required for this facility as most of the activities are inside the facility and anything outside is monitored and supervised to alleviate any potential problems from adjacent landowners. Staff Comments: 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 additionally assurance of compatibility, staff is recommending that an enhanced landscape buffer width be required as a condition of approval of this special exception request on the east side of the property to allow for both the landscaping and required fencing to be successfully implemented in order to provide addition buffering. (4) Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use. Applicant Response: As mentioned previously, most activities are inside the facility and any other outdoor activities will occur during daylight hours so as to limit exposure from hazards or public nuisance. Staff Comments: The 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 may be required by the Board as a condition of approval of this request. Several such conditions are proposed by staff below. CITY OF OKEECHOBEE 4";" S r --- - DEPEW Special Exception September 6, 2022 Staff Report Petition No. 22-002-SE (5) Demonstrate how the utilities and other service requirements of the use can be met. Applicant Response: There are existing water and sewer service to the site as well as power, so there are no utility or service requirements that cannot be met currently. Staff Comments: As part of the Applicant's previous request to amend the future land use of the subject property, letters of availability from CILIA were provided which indicate that service is available in the area and there is 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. (6) Demonstrate how the impact of traffic generated will be handled, off site and on site. Applicant Response: Traffic will enter and leave from the south off NE 6th Street. There is a parking lot onsite sufficient for the proposed parking requirements of the facility, so no backup onto the street is anticipated. Staff Comments: The Applicant provided a traffic analysis that estimates 85 total daily trips generated with 8 PM peak hour trips with 3 being in and 5 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 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. City LDC Section 70-373(c) provides a list of findings that the Board of Adjustment must address in its determination to approve the request, deny the request, or approve the request with conditions. The applicant has submitted responses to each finding, which are provided un-edited below. Staff comments are also provided in response to the findings and the applicant's responses. (1) The use is not contrary to comprehensive plan requirements. Applicant Response: This parcel is zoned Light Commercial and has a Future Land Use of Commercial and this special exception request is in the Light Commercial Zoning, Section 90-253. This facility is not contrary to the Comprehensive Plan. Staff Comments: The 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 Future Land Use Category, in which the project is located. Staff finds that the proposed use is consistent with the Commercial Future Land Use Category, as defined within the Comprehensive Plan. CITY OF OKEECHOBEE MORRIS, DEPEW Special Exception " September 6, 2022 Staff Report Petition No. 22-002-SE (2) The use is specifically authorized as a special exception use in the zoning district. Applicant Response: In Section 90-253 — Special Exception Uses under Light Commercial #21 specifically allows Alcohol and Drug Rehabilitation/Detox Center. The use is authorized. Staff Comments: Staff agrees with the Applicant that Alcohol and Drug Rehabilitation/Detox Center is an allowed special exception use within the Light Commercial zoning district. (3) The use will not have an adverse effect on the public interest. Applicant Response: With the existing facility to the north being here since 2015, there have been no issues with the facility within the local area or the City. Staff Comments: The 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. Based on the historical operation of the existing facility, it is not expected that expansion of this use to the subject property will create any disturbance or adverse effects. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent uses, and is not detrimental to urbanizing land use patterns. Applicant Response: This use is within the City's commercial corridor with a similar use to the north, so compatibility is established, and the east parcel was previously used as a single-family home, so this is in accord with the urbanizing land use patter of land being more heavily used closer to arterial roads. Staff Comments: As previously mentioned, the requested use is an expansion of an existing use to the north of the subject property. Staff finds that the subject site and location is reasonably appropriate for the proposed use and will not be detrimental to urbanizing land use patterns. (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent property. Applicant Response: No, the property to the north has been in service since 2015. The surrounding properties are mostly developed, so there should be no deterrent to the development of adjacent properties. Staff Comments: 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. The requested use is an expansion of a rehabilitation center north of the subject property. 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. CITY OF OKEECHOBEE MORRIS __ DEPEW Special'Exception Staff Report September 6, 20Z2 Petition No. 22-002-SE (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: Most of the services in this facility will take place inside the facility, anything outside the facility is supervised and regulated so as to control any interaction with local residents and businesses. There should nothing onsite that would require additional screening above the required landscaping. Staff Comments: Landscape perimeter buffering will be required per City Code and the applicant is proposing a perimeter fence, which staff is recommending as a condition of approval. In addition, A five-foot (5') minimum enhanced landscape buffer along east property line, which will also accommodate the proposed fencing and a hedge, is recommended as a condition of approval. (7) The use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Applicant Response: The results indicate the proposed 36 bed Facility using Nursing Home since it is the most similar use (ITE code 620) generates 85 total daily trips with 8 PM peak hour trips with 3 being in and 5 being out. Staff Comments: The proposed use will not generate any demand on the local school system. A description of the proposed operations from the applicant states that 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 future land use map amendment and rezoning. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Applicant Response: As discussed above, the traffic will be of no concern while the development will require a drainage system that will limit the peak discharge, so traffic congestion or flood should not be an issue with this site. Staff Comments: The site has good access proximate 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. CITY OF OKEECHOBEE MORRIS i DEPEWi Special Exception Staff Report September 6; 2022 Petition No. 22-002-SE Recommendation Based on the materials and statements provided by the applicant and the foregoing analysis, we recommend approval of this special exception request subject to the following conditions: 1. The submitted Special Exception may not take effect until the concurrently proposed rezoning and comprehensive plan amendment have been approved by the City Council. 2. Outdoor cigarette disposal receptacles shall be provided on -site. 3. 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. 4. A perimeter fence shall be required surrounding both the existing rehabilitation facility and the subject site. 5. An enhanced landscape buffer 5 feet wide shall be required along east property line which will also accommodate the proposed fencing and a hedge. 6. 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. 7. Fifteen (15) parking spaces for employees and two (2) for visitors, to total seventeen (17) spaces, shall be provided on the subject property. 8. The site plan should provide an appropriate location for a dumpster enclosure. Submitted by: Ben Smith, AICP Director of Planning September 8, 2022 Okeechobee Board of Adjustment Hearing: September 15, 2022 CITY OF OKEECHOBEE 7 MORRIS DEPEW Special Exception Staff Report September 6, 2022 Petition No. 22-002-SE Supplemental Exhibits NUY_TH ST n k 12 w . Z •6 NW 7TH ST w 0 W 0 it 0 z 0 a w . 56 .... 1• • --.n_. I• • u • s a • r+ r m • '.E �o n I y�/• • M O f• /• 7! N 7• N Exhibit A: Zoning Map NE ZONING - c6wiNa<fiu9nwss oi9mk. 66�,w �} tAN1EAC�u gt06669iOWLOFiiC6 N68GFN.N.N��.a6e41uv CITY OF OKEECHOBEE W MORRIS, DEPEW Special Exception Staff Report September 6, 2022 Petition No. 22-002-SE NW 8TH S1 2 2 - 3 +3 5 W . 6 5 6 4 Z 6 'S 6 - .. N +0 20 d NW 71H ST NE 7TH ST N 70 eiri N E I I E 1 a s 9 NW 6TH ST 7 E 6'I 9T uj <1 J-I a _ z j K � H s Z a - Z �a is Irof nl•: z Z s o ` NW 5TH ST tiL H S 7 LAND USE CLASSIFICATION: a 1 2 + y a s 3 2 6 s a a 2 , s l a RAILROAD CENTERLINE 8 ; 6 -••-"- HOPKINS MEANDER LINE --� — RAILROAD CENTERLINE s — flu boundary lines lot line NW 4TH ST �` �, flu_ background_parcels a SINGLE . FAMILY RESIDENTIAL 9 a, 2 s ' 2 MIXED USE RESIDENTIAL 404743' ° 1 MULTI . FAMILY RESIDENTIAL Q t COMMERCIAL L a W INDUSTRIAL Q NE 3RD ST PUBLIC FACILITIES Exhibit B: Future Land Use Map CITY OF OKEECHOBEE 9 4go iEPEW Special Exception Staff Report 'September 6, 2022 Petition No. 22-002-SE t j y T i (i—nd—ust-Ma-IbL' Industrial Industrial F.,.:: ac.•.ti�:.c:-k''_.,+::.::+: "^�I^ �je•,_ a.l �` �w., �� �f"^"' •:s.-�_-�;._—'-�... mmercial °. Church r '`` Co P1 4Y. ate. „,.,: j ill , •� Commercial }��.�i • �'' K rl �� � .,, .z �►, .�.,.'Residential NE GTH ST #t°1 7.��_.rrr'. Residential Y Commercial -' �• I� ,� � � ����� �.l.�sf �. � his � - � � • Exhibit C: Existing Land Use Map CITY OF OKEECHOBEE 10 MORRIS DEPEW