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2022-11-17 Handwritten Minutes CITY OF OKEECHOBEE, FLORIDA NOVEMBER 17, 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, November 17, 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 ,/ Madam Chairperson Dawn Hoover v Vice Chairperson Doug McCoy ✓Board Member Phil Baughman ✓ 'Board Member Karyne Brass ✓Board Member Rick Chartier V _ Board Member Mac Jonassaint Board Member David McAuley Absent - L Alternate Board Member Jim Shaw AtSen Alternate Board Member Carl Berlin, Jr. ✓ City Attorney Gloria Velazquez ✓ VIA ZOOM City Administrator Gary Ritter ✓ City Planning Consultant Ben Smith ✓ VIA ZOOM 3- Board Secretary Patty Burnette Absent General Services Secretary Keli Trimnal / ROLL CALLED III. AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were r B. Motion by Board Member }- tit,' , seconded by Board Member to approve the agenda as presented. Chairperson Hoover , Vice Chairperson McCoy Board Members Baughman , Brass , Chartier , Jonassaint t% , McAuley . Motion Carried/Denied. C. Chairperson Hoover asked whether There were any comment cards submitted for items not on the agenda. There were tY 1 -- . IV. MINUTES A. Motion by Board Member �h k , % , seconded by Board Member SUSS to dispense with the reading and approve the October 20, 2022, Board of Adjustment Regular Meeting minutes. �\ Chairperson Hoover ✓Vice Chairperson McCoy t , Board Members Baughman , Brass , Chartier ✓, Jonassaint , McAuley P6' ''..Motion Carried/Denied. V. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT A. Special Exception Petition No. 22-003-SE requesting to waive the minimum separation from off-site uses, and to waive the separation distances between communication towers for a wireless telecommunication facility, in an Industrial (IND) Zoning District, (Ref. Code Sec. 90-603 (c)(d)(e)), located at 1117 NW 9th Street. 1. Notary Public Keli Trimnal administered an oath to: Keli Trimnal Handwritten Minutes, November 17, 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 explained this application was continued from the October 20, 2022, meeting to allow the City Attorney, Planner and staff review the documents received just before the meeting for the Special Exception Petition 22-003-SE. The request for consideration by the City of Okeechobee Board of Adjustment is a Special Exception to allow for a communication tower and associated structures. The request is for one parcel, totaling 5.19 acres, located at 1117 NW 9th Street. The Applicant is proposing development within the subject parcel of a 50-foot by 50-foot fenced compound that includes a communications tower, storage, and two electric service H-frames as well as a 30-foot by 120-foot access corridor between the compound and the northern property line fronting on NW 9th St. The combined area of proposed compound and access corridor within the subject property total 0.14 acres. Perimeter fencing of the compound is proposed. Color of tower will be flat black, blue, or grey. The total tower height including lightning rods is 160 feet. Because the height exceeds 45 feet, this use/structure is considered a special exception use. The Applicant has submitted a concurrent application for site plan review by the City's Technical Review Committee. Approval of the site plan will be contingent upon approval of, and any conditions placed on, this special exception request by the City's Board of Adjustment. Planning Staff's responses to the Applicant's presentation on consistency with LDR's are, communication towers are not specifically listed as a permitted use in the IND Zoning District regulations. However, "radio, television or cable reception, transmission or operational facilities" are listed as a permitted use and "permitted uses in excess of 45 feet in height" is listed under special exception uses. Additionally, it is stated under the IND district maximum height standards that telecommunication towers are governed by Land Development Regulations (LDR's) Section 90-601. It follows that all of Division 6 of Article IV of Chapter 90 should apply to the review of this request and the associated site plan. Division 6 is titled, "Communication Towers and Communication Antennas" and is comprised of LDR Sections 90-601 through 90-604. Section 90-602(c) provides the following: new freestanding communication towers shall not be allowed unless the Applicant proposes the communication facility within the permitted city zoning designations listed as follow "Industrial". The proposed site contains no buildings being proposed at this time, only the tower, access corridor and fencing. All design requirements are met with the exception of landscaping. The base of the tower is setback 220' from the nearest residential parcel. The required setback for a 160' communications tower is a maximum of 200'. The Applicant is not proposing any additional landscaping other than what is already existing along the Southern property boundary. Per LDR Sec. 90-603(g), landscaping and buffering is required around the perimeter of the communication tower and accessory structures. Prior to site plan approval, those requirements outlined in LDR Sec 90-603(g) must be addressed. The proposed use will not create any significant utility or service demands. The proposed use should not generate significant traffic that would necessitate traffic impact analysis. 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 proposed use is allowable with the IND Zoning District as a Special Exception Use. The proposed use provides communication services to the community and should not have an adverse effect on the public interest. The proposed use will be subject to all LDR required landscaping. The subject site and location is reasonably appropriate for the proposed use and will not be detrimental to urbanizing land use patterns. Improved wireless communication service may improve living conditions in the area. It is not clear whether development of this communication tower will be a deterrent to the improvement or development of adjacent property. The submitted plans do not address the LDR required perimeter landscaping, it is recommended that compliance with landscape standards of LDR 90-603(g) be a condition of approval. The proposed use will not affect residential density. The proposed use should not affect traffic Keli Trimnal Handwritten Minutes, November 17, 2022, Page 2 of 6 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED congestion, drainage, or public safety. Existing drainage features are depicted on the plans and are not proposed to be altered at this time. City LDR's Section 90-603(e) requires that Applicants for special exception requests pertaining to communication towers address the following standards. Camouflaging techniques approved by the city are incorporated into the design of the communication tower. The tower is designed for the collocation of communication antennas for at least two communication service providers. The towers within the required separation distance are all located in an industrial zoning district as a supplemental use. The proposed location will minimize the visual impact of the proposed communication tower due to the bulk height, use, or appearance of the adjacent structures and surrounding area. The provided plans depict a maximum of four cell service providers to be accommodated with this tower. The tower meets the required separation distances on an industrially zoned property with an existing open storage use supporting the railway. Based on the materials and statements provided by the Applicant and the foregoing analysis, staff recommends approval with the following conditions: Applicant must submit one consistent set of plans to be reviewed by the building official for conformance with applicable code. Should total structure height exceed 160' or a design other than monopole be proposed, plans may be subject to additional review by Board of Adjustment and/or Technical Review Committee. Landscaping must be provided in conformance with LDR Section 90-603(g). Submittal of Federal Aviation Administration (FAA) approval for proposed tower design/height. The use of any portion of a tower for sign or advertising purposes including, without limitation company name, banner, or streamer is prohibited. Per Sec. 90-603(p), if the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to (1) Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or (2) Dismantle and remove the tower. Per Sec. 90-603(r), certification of compliance with all current Federal Communication Commission (FCC) standards, including FCC nonionizing electromagnetic radiation (NIER), shall be submitted prior to receiving final inspection by the building department. 3. Mr. Kyle Lotze, Agent for City Switch II-A, LLC, on behalf of Property Owner, CSX Transportation Inc., was present and available for questions. piLiza.04 Keli Trimnal Handwritten Minutes, November 17, 2022, Page 3 of 6 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 4. No public comments were offered. \ ...0cAikr...jc U.-tes(4..A-L- S-e\ P- lo y 0 Vc1-1 0_,. ba.ko pr. -- -ey Zt 5. No Ex-Parte disclosures were offered. , - ' Cry 6 u- ‘t" \614-:t ,(4\<xiz.,,v)- `. (N\ic-) t \P djj2-1 . \r Sk P \(Ak cwi , 6. Motion by Board Member `r' °t..-1- , sec, - onded by Board Member V" �'br t C-AC.. to approve Special Exception Petition No. 22-003-SE as presented in 4 � [Exhibit 1, which includes the standards and findings as required for granting Petitions`X5` i Orbper Code Section 70-373, and the Planning Consultants analysis of the findings and r recommendation for approval] with the following special conditions: Applicant must.( �7 submit one consistent set of plans to be reviewed by the building official for conformance with applicable code. Should total structure height exceed 160' or a ,(` design other than monopole be proposed, plans may be subject to additional reviews • 4 by Board of Adjustment and/or Technical Review Committee. Landscaping must be ---) e provided in conformance with LDR Section 90-603(g). Submittal of Federal Aviation Administration (FAA) approval for proposed tower design/height. The use of any 4 portion of a tower for sign or advertising purposes including, without limitation company name, banner, or streamer is prohibited. Per Sec. 90-603(p), if the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to (1) Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or (2) Dismantle and remove the tower. Per Sec. 90- 603(r), certification of compliance with all current Federal Communication Commission (FCC) standards, including FCC nonionizing electromagnetic radiation (NIER), shall be submitted prior to receiving final inspection by the building department. Chairperson Hoover "'' , Vice Chairperson��McCoy�DC�, B d Members aughman ' ' �\ Brass ✓ , Chartier v- , Jonassaint ✓, Mc u ey otion Carried/ enied— Y it '' . (Olt y�(ph, u Z 00 Keli Trimnal Handwritten Minutes, November 17, 2022, Page 4 of 6 � r� V. QUASI-JUDICIAL PUBLIC HEARING ITEM B B. Special Exception Petition No. 22-004-SE requests to allow a personal service within a Commercial Professional Office (CPO) Zoning District, (Ref. Sec 90-223(2)) and to allow the operation of one massage therapist office in the existing office building, located at 321 NW 4th Avenue. N 1. Notary Public Keli Trimnal administered an oath to: -Tk ►f\ Z CICLIIV\ 2. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. briefly reviewed the Planning Staff Report for Special Exception Petition 22-004-SE. The request for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for a Massage Therapist office ("use") within an existing two-story professional office building which contains multiple separate commercial units and one residential unit, which was approved by the City's Board of Adjustment as a Special Exception in 2020. The proposed use will occupy one 465 square foot unit on the second floor of the building. The use will have operating hours from 8:00am to 5:00pm., with a potential for appointments to be scheduled any day of the week. There will be one employee, which will be the massage therapist, who will schedule only one client per appointment. The applicant is not proposing to conduct any activities outside of the unit. The applicant notes that a hair salon previously occupied this unit as a tenant, a use which is also classified as a personal service pursuant to the definition provided in LDC Chapter 66-1. Planning Staff's responses to the Applicant's presentation on consistency with LDR's are, the proposed massage therapy service is consistent and compatible with the existing CPO and personal service uses within the building, which itself is surrounded by Commercial and public uses where shared parking is available, at least two parking spaces should be reserved in the onsite parking facility, for proposed use. The proposed use will not create any significant utility or service demands or generate significant traffic that would necessitate traffic impact analysis. 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 proposed use is allowable with the CPO Zoning District as a Special Exception Use. The proposed use should not have an adverse effect on the public interest, and no additional landscaping or other screening be necessary as a condition of approval of this request. The proposed use 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 site are already developed and are located in an urbanized area of the City. The requested use will be located in an existing unit of an existing office building. Therefore, there is no indication that the requested use will adversely affect the property values or living conditions, nor be a deterrent to the improvement of development of adjacent property. The proposed use should not affect traffic or generate any demand on the local school system. The description of the proposed use provided by the applicant states that the massage therapist will be the only employee and a maximum of one (1) patient can be seen at a time. Staff is recommending a condition of approval; that patients will not be permitted to park on-site overnight. Demand for utilities will not have a significant impact on the OUA's capacity. Based on the nature of the proposed use, the limited number of staff and patrons, and the existing on-site parking facilities, the use will not create a burden on streets. 3. Ms. Sheryl Wells, Property Manager for 401 NW 3rd Street, LLC, was present and available for questions. Keli Trimnal Handwritten Minutes, November 17, 2022, Page 5 of 6 V. QUASI-JUDICIAL PUBLIC HEARING ITEM B CONTINUED 64 t-A7")&-i- 'PbILA4A-"5) /41 ‘S 4-e al S-44"-G c u — I .._- ,,�,��c -6 YActia") \► ti a." r qaix ‘\ 4. No public comments were offered. .-EL.4\.k-(11 (Ntik-11- 5. No Ex-Parte disclosures were offered. ‘5 �'�, • - S'�C� ,�, i ram- c ) 02- -Al'ipolAit.67- ap) 6. Motion byBoard Member h � `--seceded byBoard Member 0h'Vo to approve Special Exception Petition No. 22-004-SE as presented in [Exhibit 2, 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: No vehicle in any way associated with a patron shall be left at the facility overnight (between the hours of 7pm to 7am). And, The Personal Service Use is limited to the following hours of operation: 8:00am to 5:00pm. Chairperson Hoover C\ ` , Vice Chairperson McCoy , Board Members Baughman , Brass , Chartier , Jonassaint , McAuley . Motion Carried/Denied. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT f_< VI. CITY ADMINISTRATOR UPDATE VOL VII. Chairperson Hoover adjourned the meeting at � i `I P.M. Keli Trimnal Handwritten Minutes, November 17, 2022, Page 6 of 6 Keli Trimnal From: Dawn Hoover Sent: Wednesday, December 7, 2022 3:39 PM To: Keli Trimnal Subject: Re: November 17, 2022 I believe so... From: Keli Trimnal<ktrimnal@cityofokeechobee.com> Sent: Monday, November 21, 2022 1:44 PM To: Dawn Hoover<dhoover@cityofokeechobee.com> Cc: Keli Trimnal<ktrimnal@cityofokeechobee.com> Subject: November 17, 2022 Dawn, I need to clarify the decision regarding the last application 22-004-SE, Massage business Did I understand it correctly that you and Karyn Brass opposed and the remaining 5 were Yay? I had visual with you and understood it that way, but it's not clear on the recorder. Keli Note: Please do not "reply all" to this email to avoid a potential Sunshine Law Violation. Kepi T'rimna( City of Okeechobee, general Services Alcfministrative Secretary 55 SE 34 Avenue Oieecho6ee, EL 34974 Phone: (863) 763-3372 ext. 9824 Direct: (863) 763-9824 `Fax: (863) 763-1686 e-maII ktrimnal@cityofoIeecho6ee.com we6site:www.cityofokeecholee.corn q PT,r A* •� n r A lt +tee 1 Board of Adjustment Meeting Application/Petition Oath Sign In 22-003-SE November 20, 2022 Name (Please Print) Address Nc\ w 1. ,���, l I S�� 111( c c t \1A& 11 O \ '`A—\\j l� a D\kkf'1 M- , g L�� �1/` o1'�1U,k i oC (1��SZ�r`�� 11 (ion Signature > X ` in 2 P1 Signature > X Okr/eVV�J�1�Lin�� a,� I 34-0PA- '11a 3. Signature > X 4. Signature > X 5. Signature > X 6. Signature > X 7. Signature > 8. Signature > 9. Signature > 10. 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