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2023-07-20 V. A. #23-008-TRC, Staff Report, Exhibit 1 23-008-TRC Site Plan Review Staff Report Pr 11 a-too.' i ME # 4 , 4.4 i 0, --= I Alt 1 9 " .=� -` - - fig , 1 y ' Iiir t 1 4. j' '. < .1if' (/' i r W 1AJ1111 rim L9 .4F. 1 «BAIL e - j • v...,44-41:17) ` ) '4. Applicant Nicholas Jones Parcel Identification 13-15-37-35-0010-01710-0120 (34091) so 4 •oKFz� cylitti 11 W T P- 111111r. r CL 1 s ue' d;�� likr 4 19154 154 A,`� Prepared for The City of Okeechobee MORRIS, /EPEW' Site Plan Application Review 7/11/2023 Staff Report Petition No. 23-008-TRC General Information Owner:OKBEE Outparcel LLC Applicant: Nicholas Jones Primary Contact:Ammar Adnan: aadnan@pennoni.com Parcel Identification:3-15-37-35-0010-01710-0120 (34091) 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.cityofokeechobee.com/agendas.html Future Land Use, Zoning, and Existing Use of Subject Property Parcel Identification: Existing Proposed 2-15-37-35-0A00-00009-0000 Future Land Use Commercial Commercial Zoning Heavy Commercial Heavy Commercial Use of Property Vacant gas Medical Marijuana Dispensary station/convenience store Acreage 1.06 Acres 1.06 Acres Future Land Use, Zoning, and Existing Use of Surrounding Properties Future Land Use Zoning Existing Use Heavy North Commercial Commercial Commercial structure (CHV) Heavy East Commercial Commercial Burger King drive-through restaurant (CHV) Heavy South Single-Family Residential Commercial Florida Power& Light Co. Switch (CHV) Station Heavy West Commercial Commercial Wendy's drive-through restaurant (CHV) CITY OF OKEECHOBEE MORRIS DEPEW Site Plan Application Review 7/11/2023 Staff Report Petition No. 23-008-TRC General Description The request for consideration by the City's Technical Review Committee is an application for Site Plan Review of a parcel containing an existing, vacant 2,425 square-foot convenience store and gas station canopy.The proposed use will occupy the existing structures on the 1.06-acre parcel.The site has frontage on the SR-70 commercial corridor,as well as on SE 6th Ave.Staff analysis of the submitted application and plans is provided below.Areas of deficiency or concern are highlighted in yellow. Nonconforming Structure Considerations The subject property meets the definition of a nonconforming structure per LDC 66-1,as it does not meet current code with regard to landscaping, parking,and other provisions. Nonconforming structure means a lawful building or structure existing on the date of enactment or amendment of these regulations, but which does not conform to the yard, setback, coverage, height,parking, landscaping or supplementary regulations of the district in which it is located. Due to the vacancy of the property and the recent sale of the property, both LDC 90-35 and 90-37 are pertinent to the redevelopment of the property. Sec. 90-37. -Discontinued use of nonconforming structure. When a nonconforming structure is discontinued or abandoned for a period for a year, any future use of the property shall comply with the following: (2) Nonconformity. Future use shall not increase the extent of nonconformity by reason of insufficient yards, setbacks, landscaping or parking, or excessive floor area, coverage or height. The proposed site plan indicates that none of the existing nonconformities are being increased. In fact, most are being decreased or brought into full compliance. 90-35. -Change or transfer of nonconforming use or structure. (d) Transfer of a nonconforming structure. In the event of the underlying land on which exists a nonconforming structure is sold, assigned or in any manner transferred from the record title holder of said lands, as such ownership is reflected in the records of the Clerk of Court, and Property Appraiser for Okeechobee County,such nonconforming structure may continue in the new owner,so long as the land is not a nonconforming use, and the nonconforming structure is not expanded or repaired except as authorized in these regulations. The transfer of such nonconforming structure is further subject to the requirement that the new owner must comply, to the extent reasonably possible, considering the nature and configuration of the structure, with all current codes, land use and zoning requirements, except off-street parking requirements, of the district regulations applicable to the structure. Provided however: (1) That, if by physical evidence such as photographs or aerial photography, it becomes evident to the city that portions of the property have been used for off-street parking but are unpaved or unimproved, unmarked or otherwise do not meet the city's design CITY OF OKEECHOBEE 2 MORRIS DEPEW Site Plan Application Review 7/11/2023 Staff Report Petition No. 23-008-TRC requirements for such parking, the owner shall improve the quality of such area (or its dimensional equivalent)with "pavers"or other form of dustless surface acceptable to the city for the purposes of vehicular parking. The number of spaces to be provided shall be equal to that which can be accommodated within the geographic area previously used for parking with said spaces and interior circulation components meeting the city's minimum design requirements for off-street parking and vehicular use areas. Whereas 90-37 only dictates that existing nonconformities shall not be increased,90-35 suggests that the new owner must comply, to the extent reasonably possible, with all current codes. What is reasonable should be considered by the Technical Review Committee, considering that it may not be reasonable to require total compliance in every area of the site, as the applicant's plans demonstrate several improvements to the site from its current condition. Adequacy of Public Facilities Potable Water and Sewer: The applicant has indicated that the site has existing potable water and sanitary sewer service connections. Service Vehicle Access and Egress: A. Fire Truck Sufficiency of fire truck access and egress to be addressed by the Fire Department. B. Loading Zone No Loading zones are required, and none are proposed. C. Dumpster Location and/or Trash Collection The proposed site plan identifies a dumpster within an enclosure, southwest of the principal structure. A paved pedestrian walkway extends south from the building to the dumpster enclosure. No improvements are proposed to provide paved vehicular access to the dumpster location.The public works director should address whether additional paving is necessary for solid waste removal. Traffic Impacts A Traffic Impact Statement has been provided within the submittal package, completed for one (1) medical cannabis dispensary on the 1.06-acre project area. The Traffic Study, which utilized the ITE 882, Marijuana Dispensary use code to determine the average daily trips, indicates an estimated AM peak of 26 trips, a PM peak of 46 trips, and an average 511 daily trips generated by the medical cannabis dispensary. Land Use ITE Size Time Trip Generation In Out Total Trips Code Rate In Out Total Daily T= 211.12(X) 50% 50% 256 255 511 Marijuana AM Peak 882 2,422 SF T= 10.54(X) 52% 48% 14 12 26 Dispensary Hour PM Peak T= 18.92(X) 50% 50% 23 23 46 Hour CITY OF OKEECHOBEE 3 MORRIS DEPEW Site Plan Application Review 7/11/2023 Staff Report Petition No. 23-008-TRC Site Access The existing site has multiple access points on SR-70,on SE 6th Ave,and between the adjacent property to the west.The proposed site plan: • Removes the existing access points from SR-70, which is desirable to improve traffic flow on that roadway and was requested by FDOT; • Preserves the existing northern access point to the adjacent property to the west; • Block/removes the existing southern access point to the adjacent property to the west; • Reduces the width of the existing northern access point from 6th Avenue to 24 feet wide; • Preserves nearly the full width of the existing southern access point from 6th Avenue. All of the above are beneficial improvements except for the last item. .The existing southern access to SE 6th Ave is approximately 105' in width, which creates the opportunity for multiple vehicles to utilize the driveway simultaneously,which presents potential concerns to traffic flow on SE 6th Ave.Additionally,the code requires a minimum 10' wide street frontage landscape buffer which is not provided along that frontage segment. The applicant is proposing replacement of the sidewalk on SR-70 and provision of a new sidewalk along a portion of the SE 6th Ave frontage. Internal Circulation Regarding internal circulation of the site,the City's LDC requires that two-way drive aisles are at least 24 feet wide.The plans do not adequately demonstrate that drive aisles are fully 24 feet between the canopy bollards/supports and the curbs/parking spaces.The demolition plan does not include removal of a raised concrete island located within the drive aisle connecting the northern and southern driveways.This should be removed if vehicular access to the southern area of the site is being preserved. If that access will not be preserved,the access should be blocked more completely with a more substantial feature. The southern area of the site is proposed to remain largely unimproved. Blocking of the existing southern access point to the adjacent property to the west will remove the possibility of through traffic in that area though it does not provide improved access to the proposed dumpster location. Consistency and Compatibility with Adjacent Uses The subject property is surrounded by commercial uses and is located along the SR-70 commercial corridor,which supports a variety of commercial uses.. The proposed use is consistent with the comprehensive plan and the zoning code, in addition to being compatible with surrounding uses. CITY OF OKEECHOBEE 4 MORRIS DEPEW Site Plan Application Review 7/11/2023 Staff Report Petition No. 23-008-TRC Compliance with Land Development Code Regulation Requirement Compliance Notes Permitted Uses The following principal uses and In compliance §90-282 structures are permitted in the CHV district: Medical marijuana dispensary as 1 defined and regulated in F.S. §381.9861 Minimum Lot Area 6,250 square feet for all uses Property area:46,148 sq/ft §90-196(1) In compliance Minimum Lot Width 50' Smallest property width: 107' §90-285(1) In compliance Min front yard setback 20'to buildings;ten feet to parking and In compliance §90-285(2)(a) driveway Minimum Required Side 8' In compliance Setbacks §90-285(2)(a) Minimum Required Rear 10' In compliance Yard §90-285(2)(a) Max lot coverage 50% 5% §90-285(3) In compliance Max impervious surface 85% 54% existing §90-285(3) 50% proposed In Compliance Max height 45 feet Building height: 13.533' §90-285(4) In Compliance Parking spaces location Required off-street parking and loading In Compliance §90-511(a) spaces shall be located on the same parcel as the primary use, unless approved by TRC upon submittal of written agreement to ensure continued availability CITY OF OKEECHOBEE MORRIS.— DEPEW'. Site Plan Application Review 7/11/2023 Staff Report Petition No. 23-008-TRC Min parking space 9' by 20' In compliance dimensions '§90-511(b) Min parking access width Parking spaces between 75 degrees Aisle width measurements do not §90-511(d)(2)(a) and 90 degrees angles to the driveway, seem to contemplate the 24 feet. obstruction of the canopy vertical supports. Therefore, plans do not clearly indicate that all drive aisles are at least 24'wide. Paving Each parking and loading space shall be Site plans indicate that the §90-511(e)(1) paved northern area of the site, including the parking spaces, will be entirely paved. The southern portion of the site is proposed to remain mostly unimproved,with no dedicated paved access to the dumpster enclosure. Parking and loading space Each parking space shall be designed to In compliance layout permit access without moving another §90-511(e)(2) vehicle. Parking and loading space Buildings, parking and loading areas, In compliance layout landscaping and open spaces shall be §90-511(e)(3) designed so that pedestrians moving between parking areas and buildings are not unreasonably exposed to vehicular traffic hazards. Parking and loading space Paved pedestrian walks shall be In compliance layout provided along the lines of the most §90-511(e)(4) intense use, particularly between building entrances to streets, parking areas, and adjacent buildings. Space Regulations 1 space per 300 sq/ft of floor area 10 spaces proposed. §90-512(2) service In compliance 2,425-300=8.12 Min ADA parking space 12' by 20'w/a 5'wide access aisle In compliance dimensions FL Accessibility Code§502 Min number of ADA 1 ADA space required for 25 parking 1 space proposed parking spaces spaces FL Accessibility Code In compliance §208.2 CITY OF OKEECHOBEE MORRIS DEPEW Site Plan Application Review 7/11/2023 Staff Report Petition No. 23-008-TRC Off-street loading space 1 for 5,000 to 25,000 square feet floor 0 designated loading spaces requirement regulations; j area provided Commercial, Industrial §90-513(2) 0 loading spaces required In compliance Required Landscaping At least 1 tree and 3 shrubs shall be 46 shrubs and 15 trees required. §90-532 planted for every 3,000 sq/ft of lot area, excluding areas of existing 62 shrubs and 16 trees proposed, vegetation which are preserved. 4 trees existing. In compliance All vehicular use areas containing eight or more parking spaces,or containing an area greater than 2,400 square feet,shall provide perimeter and interior landscaping as follows: (90-533) Landscaping At least 18 square feet of landscaped In compliance Requirements for Parking area for each required parking space. and Vehicular Use Areas §90-533(1) 8 x 18= 144 Landscaping At least one tree for each 72 square In compliance Requirements for Parking feet of required landscaped area. and Vehicular Use Areas §90-533(2) 144:72 =2 Landscaping Shade trees shall be planted at no more In compliance Requirements for Parking than 20 feet on centers and Vehicular Use Areas §90-533(3) Landscaping A minimum two feet of landscaping Not in compliance Requirements for Parking shall be required between vehicular and Vehicular Use Areas use areas and on-site buildings and §90-533(4) structures, except at points of ingress and egress. Landscaping The minimum dimension for any In compliance Requirements for Parking required landscaped area within a and Vehicular Use Areas parking or vehicular use area shall be §90-533(5) four feet except for that adjacent to on- site buildings and structures. Landscaping A landscaped island, minimum five feet Only 10 uninterrupted spaces Requirements for Parking by 15 feet and containing at least one proposed. and Vehicular Use Areas tree, shall be required for every ten §90-533(6) parking spaces with a maximum of 12 In compliance uninterrupted parking spaces in a row. CITY OF OKEECHOBEE MORRIS DEPEW Site Plan Application Review 7/11/2023 Staff Report Petition No. 23-008-TRC Landscaping The remainder of a parking landscape Plans indicate the use of sod and Requirements for Parking area shall be landscaped with grass, mulch within landscape buffers. and Vehicular Use Areas ground cover, or other landscape §90-533(7) material. In compliance Landscape buffer areas Minimum width of buffer along street landscaped buffer along SE 6th Ave §90-534(1) frontage shall be ten feet is not in compliance. Landscape buffer areas At least 1 tree and 3 shrubs for each Northern boundary with street §90-534(2) 300 sq/ft of required landscaped buffer frontage: 165' Required buffer: 1,650 sq/ft 6 trees& 17 shrubs required 7 trees&42 shrubs proposed; In Compliance Southern boundary: 97' Required buffer: 194 sq/ft 1 tree&3 shrubs required None Proposed; Not In Compliance Eastern boundary:316' Required buffer: 2,680 sq/ft (not including 2 vehicular access driveways, each 24' wide) 9 trees &27 shrubs required 4 trees& 9 shrubs proposed; Not In Compliance In order to fully comply, the width of the southern access to SE 6th Ave would be reduced to 24' and the required 10 buffer would be provided along the remainder of the frontage on SE 6th Ave. Western boundary: 296' Required buffer: 592 sq/ft 2 trees&6 shrubs required 5 trees &3 shrubs proposed (4 trees existing); Not in Compliance Landscape buffer areas Trees may be planted in clusters, but In compliance §90-534(3) shall not exceed 50' on centers abutting the street CITY OF OKEECHOBEE 8 MORRIS DEPEW Site Plan Application Review 7/11/2023 Staff Report Petition No. 23-008-TRC Landscape buffer areas The remainder of a landscape buffer Plans indicate the use of sod. §90-534(4) shall be landscaped with grass, ground cover, or other landscape material. In compliance Landscape design and Proposed development, vehicular and Drainage not integrated onto the plan pedestrian circulation systems,and site landscape plan. No drainage §90-538(a) drainage shall be integrated into the improvements proposed. landscaping plan. However,the total impervious area of the site is being reduced, per the provided calculations. Landscape design and Existing native vegetation shall be In compliance plan preserved where feasible, and may be §90-538(b) used in calculations to meet these landscaping requirements. Species diversification When more than ten trees are required 4 tree species proposed; §90-538(c) to be planted,two or more species shall be used. In compliance Tree spacing from utility Trees and shrubs shall not be planted in In compliance structures a location where at their maturity they §90-538(d) would interfere with utility services Landscape design and Trees should maximize the shading of In compliance plan pedestrian walks and parking spaces. §90-538(e) Landscape design and Landscaping ground covers should be Plans indicate the use of sod; plan used to aid soil stabilization and §90-538(f) prevent erosion. In compliance Landscape design and Landscaping shall be protected from In compliance plan vehicular encroachment by means of §90-538(g) curbs, wheel stops, walks or similar barriers. Drought tolerance At least 75 percent of the total number 12 native trees and 35 native §90-540(b) of plants required shall be state native shrubs required. very drought tolerant species as listed in the South Florida Water 16 native trees and 62 native Management District Xeriscape Plant shrubs proposed. Guide. However, when a landscape irrigation system is installed, at least 75 In compliance percent or the total number of plants required shall be state native moderate or very drought tolerant species. CITY OF OKEECHOBEE MORRIS DEPEW Site Plan Application Review 7/11/2023 Staff Report Petition No. 23-008-TRC Min tree size Trees shall be at least ten feet high and In compliance §90-540(c) two inches in diameter measured four feet above ground level at the time of planting. Utility Corridor No tree shall be planted where it could, In compliance Requirements at mature height, conflict with §90-543(b) overhead utility lines. Larger trees (trees with a mature height of 30 feet or more)shall be planted no closer than a horizontal distance of 30 feet from the nearest overhead utility line. Medium trees(trees with a height of 20 to 30 feet) shall be offset at least 20 feet horizontally from the nearest overhead utility line. Small trees (trees with a mature height of less than 20 feet) shall not be required to meet a minimum offset, except that no tree, regardless of size shall be planted within five feet of any existing or proposed utility implement. Sidewalks Sidewalks shall be provided along each The demolition plan and site plan § 78-36 right-of-way. proposes replacement of the existing sidewalk along SR-70. Pedestrian access shall be provided from the development to the ROW The site plan proposes a new facilities. sidewalk to be constructed along a portion of the SE 6th Ave frontage, but not the full length of the frontage. CITY OF OKEECHOBEE 10 MORRIS I DEPEW Site Plan Application Review 7/11/2023 Staff Report Petition No. 23-008-TRC Recommendation The applicant's plans represent a significant improvement to the existing site,which is currently a vacant, blighted, nonconforming structure. In this situation, the City's nonconforming provision call for compliance with current code to the extent reasonably possible. In considering what is "reasonably possible", the code suggests considering the nature and configuration of the structure. The location and configuration of the current structure is in the northern portion of the property, oriented toward SR-70. It should be noted that the plans for that portion of the property mostly comply with current code. The report above outlines some of the areas which the plans do not fully comply with current code. It will be the Technical Review Committee's decision what additional code compliance is reasonable to require. For their consideration, the following is a list of outstanding code deficiencies that may be required as conditions of approval, if deemed appropriate: 1. Provision of complete landscape buffers 2. Reduction in the width of the southern access to SE 6th Ave 3. Provision of landscaping between the building and parking area 4. The elevated concrete island located within the drive aisle connecting the northern and southern areas of the site should either be removed, or a more substantial blocking of that access should be proposed. 5. Provision of improved access to dumpster 6. Demonstration that all two-way drive aisles are at least 24 feet wide 7. Provision of a sidewalk along the entire SE 6th Ave frontage Submitted by: r e 20- Ben Smith,AICP Director of Planning July 11, 2023 Okeechobee Technical Review Committee Hearing:July 20, 2023 CITY OF OKEECHOBEE 11 MORRIS DEPEW Site Plan Application Review 7/11/2023 Staff Report Petition No. 23-008-TRC Supplemental Exhibits 6 5 4 3 2 111111111 6 5 4 3 2 1 151 - 149 7 8 9 10 11 12 7 8 9 10 11 12 7 $ 9 10 11 12 Ala EAST NORTH PARK ST A R < . • 4: . .•• • (02520-00A0) .. •.. . . (02520-00A1) • • 1 • •' • 253 LAND USE CLASSIFICATIONS 252 "-RAILROAD CENTERLINE 3 4 5 5 7 8 7 C. • --- -HOPKINS MEANDER LINE - -.--.--.RAILROAD CENTERLINE 3 D . -• .-fK_EounSary_Ilnes 11/4 bum. `- E • _1 nu_wucglouna_parcels 1• • . SINGLE-FAMILY RESIDENTIAL -725 l.•• MIXED USE RESIDENTIAL 2 _OT 6 LOT 1 W G • MULTI-FAMILY RESIDENTIAL 6 5 4 3 2 1 W ••'• COMMERCIAL rr _ H • • 1 •INDUSTRIAL re'-PUBLIC A !CITIES 1/ + T LOT 5 LOT 2 = . '�•bf Exhibit A: Future Land Use Map CITY OF OKEECHOBEE 12 MORRIS DEPEW Site Plan Application Review 7/11/2023 Staff Report Petition No. 23-008-TRC NE 2ND ST 4 - 6 5 4 3 III 150 149 10 11 1 7 S 9 10 EN PARK ST Subject - f Property (0252o-ooAo)ZONING 2 �a �,�. ! ( 520-00 A11 • a�.n.ww.a.urs— A4 : , .«o....�,. 23 3 4 5 ! 6 C OINREU USE. W F �y�...SON"...... .. r WOO 04 W LOT 6 LOT 1 R c • Q .5 ZI6 AC(PLAT) 0Z78 AC IPLAT) I •4 _ - y•- -�•.,. 1 Exhibit B: Zoning Map CITY OF OKEECHOBEE 13 MORRIS DEPEW Site Plan Application Review 7/11/2023 Staff Report Petition No. 23-008-TRC n ice, j ^^ h �� �, • ,SIR .. r , h i f �, 4 1 la, 1 -- _ ..�,...' Y rah • ' — 1........1101117116.1 I I 1 i '*- _ ». i �f ,� .� fir,.,ime..„ i I _ ....., Av, ra 10 I.— % , ._...:. ,,.,9 itriiiiy .,...., /01 _ i . 5 ,-...e.-...livolvolul -c- ir .,%, SE 211D ST +-�' �:} Exhibit C: Existing Land Use Map CITY OF OKEECHOBEE 14 MORRIS DEPEW Patty Burnette From: Ben Smith <BSmith@m-da.com> Sent: Tuesday, July 11, 2023 5:43 PM To: Patty Burnette Cc: Bailey R. Schleifer; Keli Trimnal Subject: [EXTERNAL]RE: [EXTERNAL]RE: Staff Reports for July 20th's Meetings Attachments: 23-008-TRC Staff Report 2023-07-11.docx; 23-008-TRC Staff Report 2023-07-11.pdf And here is 23-008-TRC ill O R R I S Ben Smith, AICP _ Director of Planning rtz,Y3 ' . = I E f EVIL► 2914 Cleveland Ave Fort Myers, FL 33901 ENGINEERS • PLANNERS • SURVEYORS (239) 337-3993 office LANDSCAPE ARCHITECTS (352) 562-9673 cell FORT MYERS I TALLAHASSEE I DESTIN litrMY'e;; Professional Services Since 1989 Q, 'vaabrdidy From: Ben Smith Sent: Monday, July 10, 2023 3:09 PM To: Patty Burnette <pburnette@cityofokeechobee.com> Cc: Bailey R. Schleifer<BSchleifer@M-DA.com>; Keli Trimnal <ktrimnal@cityofokeechobee.com> Subject: RE: [EXTERNAL]RE: Staff Reports for July 20th's Meetings Sorry Keli, it seems like the to-do list never gets any shorter... See attached Word versions. ORRIS Ben Smith, AICP Director of Planning DE PE 2914 Cleveland Ave Fort Myers, FL 33901 ENGINEERS • PLANNERS • SURVEYORS (239) 337-3993 office LANDSCAPE ARCHITECTS (352) 562-9673 cell FORT MYERS I TALLAHASSEE I DESTIN ILI IffiltbS Download My Professional Services Since 1989 • vCard 1