2023-07-20 Handwritten Minutes CITY OF OKEECHOBEE, FLORIDA
JULY 20, 2023, BOARD OF ADJUSTMENT MEETING
HANDWRITTEN MINUTES BY PATTY BURNETTE
I. CALL TO ORDER
\' ' ' 11'' called the regular meeting of the Board of Adjustment for the City of
Okeechobee to order on Thursday, July 20, 2023, 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 MOVED TO
Chairperson Dawn Hoover t✓ VOTING
Vice Chairperson Doug McCoy ✓ POSITION
Board Member Phil Baughman ✓
Board Member Carl Berlin Jr. ✓
Board Member Karyne Brass ✓
Board Member Rick Chartier
Board Member Mac Jonassaint ✓
Alternate Board Member Job Folbrecht
Alternate Board Member Jim Shaw ✓
VIA ZOOM
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. %/tee Nat d t-Cb\( asked whether there were any agenda items to be added,
deferred, or withdrawn. There were 11014-C-
B. Motion by Board Member col I° C seconded by Board Member
0,ho,ri ( to approve the agenda as presented.
Chairperson Hoover I " , Vice Chairperson McCoy , Board Members
Baughman , Berlin , Brass , Chartier , Jonassainti*)."` . Motion
Carried/Denied. -50A,' -to 1 brc'c106411
h
pdd. IV. MINUTES
'�\ A. Motion by Board Member Q "-‘\- , seconded by Board Member
h! !t✓Prir- to dispense with the reading and approve the December 15, 2022,
Board of Adjustment Regular Meeting minutes.
Chairperson Hoover/ , Vice Chairperson McCoy , Board Members
Baughman , Berlin , Brass , Chartier , Jonassaint 1'' " c.4. Motion
Carried/Denied.
v. VireCiv;r enl OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT
l Je r .
A. Special Exception Petition No. 23-003-SE requesting to allow a carwash in a Heavy
Commercial (CHV) Zoning District, (Ref. Code Sec. 90-283(2)) located at 507 Northeast
(NE) Park Street.
1. Notary Public Patty Burnette administered an oath to
P. Burnette Handwritten Minutes, July 20, 2023, Page 1 of 4
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. The subject property was previously approved for
the Special Exception use of a self-service carwash, via Petition No. 11-002-SE,
however the carwash operations ceased for a period of at least 180 days, causing the
Special Exception use approval to lapse. Due to that inactivity, continuation of the
carwash requires a new Special Exception approval. It is the intention of the Applicant
to re-open the self-service carwash in the existing building.
Review of previously approved Petition No. 11-002-SE and the associated staff report
indicate that Application was also submitted to renew a previous carwash Special
Exception approval that had lapsed due to discontinuation of the use. The available
Property Appraiser records indicate the existing structure was built in 2003. The staff
report and meeting minutes from the Board of Adjustment's Special Exception Hearing
indicate that the request was approved with two conditions related to parking. The report
indicates that only one parking space was provided on-site, which was striped and
reserved for ADA accessibility in front of the building. The staff report noted that the 825
square feet upstairs area of the structure would be used for a small office, but mostly for
storage. Based on the applicable off-street parking requirements (which have not
changed since 2011), approval of the request was recommended with two conditions.
1. A second parking space located in the rear portion of the site, meeting the
requirements of the Land Development Regulations (LDR), will be formally
designated and lined.
2. The approval of the requested special exception is based on the fact that not more
than 300 feet of floor area of the building will be used as an office, or any other use
4;140,L\ except for storage of materials or equipment related to operation of the car wash,
g of N�a" unless additional parking is provided to accommodate such use in accordance with
5• ��q the off-street parking requirements of the LDR.
The survey that was submitted with this Application does not depict any designated
parking spaces, outside of the wash and vacuum stalls.
Planning Staff's responses to the Applicant's presentation on consistency with LDR's
are, the subject property is located with direct frontage on SR70, a major commercial
corridor within the City, and with direct access to NE 6th Ave. The property is zoned
CHV and designated Commercial on the Future Land Use Map (FLUM). The
surrounding existing uses, Zoning, and FLU designations are all Commercial. The
existing structure has operated as a self-service carwash previously, though with at least
two interruptions in use, potentially since 2003 and location is appropriate for that use.
The building and use are compatible with surrounding uses. No changes are proposed,
and no changes are necessary. The subject property has existing landscaping that
presumably met the requirements at the time the site was developed. No additional
screening for the adjacent commercial uses should be necessary. Staff is not aware of
any problems that have occurred during the previous operations. The subject property
has existing sanitary sewer and potable water connections, and the availability of
adequate capacity was considered at the time the previous Special Exception request
was approved. A Traffic Impact Statement has not been included in the application
package. However, there is no reason to believe that allowing the previous operations
to resume will result in greater traffic than was contemplated when the use was originally
approved. Additionally, the access to both NE 6th Ave and SR70 provides for adequate
ingress/egress as well as interior circulation.
Planning Staff's responses to the Applicant's presentation on the required findings are
the proposed use is consistent with the Commercial FLU Category, as described within
the Comprehensive Plan. The proposed use is specifically authorized as a Special
Exception use in the CHV district, as stated in LDR Section 90-283(2). The proposed
use will provide a service to those traveling along SR70, in addition to the surrounding
community. The property has operated as a carwash previously and it is not expected
that re-establishment of the use will create any disturbance or adverse effects on the
public interest. The re-establishment of the carwash use will not adversely affect
property values or living conditions, nor be a deterrent to the improvement or
development of adjacent properties. In fact, the continued vacancy of the property is
more likely to lead to blight than the resumption of operations. The existing landscaping
should be adequate for the resumption of the carwash use. No direct effects on density
P. Burnette Handwritten Minutes, July 20, 2023, Page 2 of 4
V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED
patterns and public-school facilities are expected. No additional demands on other
services should be expected, other than what was already accommodated for when 1:he
carwash use was originally approved.
Based on the foregoing analysis, staff recommends approval with the following
conditions: ADA parking space previously provided in the front of the building shall
Dc remain, a second parking space located in the rear portion of the site, meeting the
requirements of the LDR, will be formally designated and lined, and not more than 300
S I f feet of floor area of the building will be used as an office, or any other use except for
storage of materials or equipment related to operation of the car wash, unless additional
parking is provided to accommodate such use in accordance with the off-street parking
requirements of the LDR.
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3. Mr. Alfonso Vargas, Registered Agent for Property Owner, 507 NE Park St, LLC was
present ancdavaiTable for questions.
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4. No public comments were offered. 0 f�
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5. No Ex-Parte disclosures were offered.
P. Burnette Handwritten Minutes, July 20, 2023, Page 3 of 4
V. QUASI-JUDICIAL PUBLIC HEATING ITEM A CONTINUED
6. Motion by Board Member ie , seconded by Board Member
to approve Special Exception Petition No. 23-003-SE as presented in
[Exhibit 1, which includes the standards and findings as required for granting
'k Petitions per Code Section 70-373, and the Planning Consultant's analysis of the
a,}" findings and recommendation for approval]with the following special conditions: ADA
Cb lP parking space previously provided in the front of the building shall remain, a second
3' parking space located in the rear portion of the site, meeting the requirements of the
LDR, will be formally designated and lined, and not more than 300 feet of floor area
of the building will be used as an office, or any other use except for storage of
4t materials or equipment related to operation of the car wash, unless additional parking
oo,
is provided to accommodate such use in accordance with the off-street parking
,\\ / requirements of the LDR.
Chairperson Hoover i , Vice Chairperson McCoy , Board Members
Baughman , Berlin ✓ , Brass , Chartier , Jonassaint i , . Motion
arried�/D_enied.
�-C'U� # CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT (
VI. CITY ADMINISTRATOR UPDATE
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VII. V let. C 1i 6 adjourned the meeting at li : 17 P.M.
P. Burnette Handwritten Minutes, July 20, 2023, Page 4 of 4
CITY OF OKEECHOBEE, FLORIDA
JULY 20, 2023, BOARD OF ADJUSTMENT MEETING
HANDWRITTEN MINUTES BY KELI TRIMNAL
CALL TO ORDER
called the regular meeting of the Board of Adjustment for the City of
Okeechobee to order on Thursday, July 20, 2023, 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 MOVED TO
Chairperson Dawn Hoover VOTING
Vice Chairperson Doug McCoy ✓ POSITION
Board Member Phil Baughman e/
Board Member Carl Berlin Jr.
Board Member Karyne Brass t/
Board Member Rick Chartier
Board Member Mac Jonassaint ✓
Alternate Board Member Job Folbrecht
Alternate Board Member Jim Shaw ✓
VIA ZOOM
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. asked whether there were any agenda items to be added,
deferred, or withdrawn. There were f\l(3 e .
B. Motion by Board Member seconded by Board Member
to approve the agenda as presented.
Chairperson Hoover , Vice Chairperson McCoy , Board Members
Baughman , Berlin , Brass , Chartier , Jonassaint . Motion
Carried/Denied.
IV. MINUTES
A. Motion by Board Member r�tt .i seconded by Board Member
to dispense with the reading and approve the December 15, 2022,
Board of Adjustment Regular Meeting minutes.
Chairperson Hoover Vice Chairperson McCoy , Board Members
Baughman , Berlin , Brass , Chartier , Jonassaint f . Motion
Carried/Denied.
V. Ptit"-C's\ OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT
1( • r
A. Special Exception Petition No. 23-003-SE requesting to allow a carwash in a Heavy
Commercial (CHV) Zoning District, (Ref. Code Sec. 90-283(2)) located at 507 Northeast
(NE) Park Street.
1. Notary Public Patty Burnette administered an oath to
K. Trimnal Handwritten Minutes, July 20, 2023, Page 1 of 4
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. The subject property was previously approved for
the Special Exception use of a self-service carwash, via Petition No. 11-002-SE,
however the carwash operations ceased for a period of at least 180 days, causing the
•
Special Exception use approval to lapse. Due to that inactivity, continuation of the
carwash requires a new Special Exception approval. It is the intention of the Applicant
to re-open the self-service carwash in the existing building.
Review of previously approved Petition No. 11-002-SE and the associated staff report
indicate that Application was also submitted to renew a previous carwash Special
Exception approval that had lapsed due to discontinuation of the use. The available
if Property Appraiser records indicate the existing structure was built in 2003. The staff
report and meeting minutes from the Board of Adjustment's Special Exception Hearing
indicate that the request was approved with two conditions related to parking. The report
indicates that only one parking space was provided on-site, which was striped and
reserved for ADA accessibility in front of the building. The staff report noted that the 825
square feet upstairs area of the structure would be used for a small office, but mostly for
storage. Based on the applicable off-street parking requirements (which have not
changed since 2011), approval of the request was recommended with two conditions.
1 A second parking space located in the rear portion of the site, meeting the
requirements of the Land Development Regulations (LDR), will be formally
t designated and lined.
((3,. The approval of the requested special exception is based on the fact that not more
than 300 feet of floor area of the building will be used as an office, or any other use
0 except for storage of materials or equipment related to operation of the car wash,
` - j)kikiO unless additional parking is provided to accommodate such use in accordance with
the off-street parking requirements of the LDR.
r-The survey that was submitted with this Application does not depict any designated
O. ;„,, parking spaces, outside of the wash and vacuum stalls.
Planning Staff's responses to the Applicant's presentation on consistency with LDR's
are, the subject property is located with direct frontage on SR70, a major commercial
corridor within the City, and with direct access to NE 6th Ave. The property is zoned
CHV and designated Commercial on the Future Land Use Map (FLUM). The
surrounding existing uses, Zoning, and FLU designations are all Commercial. The
existing structure has operated as a self-service carwash previously, though with at least
two interruptions in use, potentially since 2003 and location is appropriate for that use.
The building and use are compatible with surrounding uses. No changes are proposed,
and no changes are necessary. The subject property has existing landscaping that
presumably met the requirements at the time the site was developed. No additional
screening for the adjacent commercial uses should be necessary. Staff is not aware of
any problems that have occurred during the previous operations. The subject property
has existing sanitary sewer and potable water connections, and the availability of
adequate capacity was considered at the time the previous Special Exception request
was approved. A Traffic Impact Statement has not been included in the application
package. However, there is no reason to believe that allowing the previous operations
to resume will result in greater traffic than was contemplated when the use was originally
approved. Additionally, the access to both NE 6th Ave and SR70 provides for adequate
ingress/egress as well as interior circulation.
Planning Staff's responses to the Applicant's presentation on the required findings are
the proposed use is consistent with the Commercial FLU Category, as described within
the Comprehensive Plan. The proposed use is specifically authorized as a Special
Exception use in the CHV district, as stated in LDR Section 90-283(2). The proposed
use will provide a service to those traveling along SR70, in addition to the surrounding
community. The property has operated as a carwash previously and it is not expected
that re-establishment of the use will create any disturbance or adverse effects on the
public interest. The re-establishment of the carwash use will not adversely affect.
property values or living conditions, nor be a deterrent to the improvement or
development of adjacent properties. In fact, the continued vacancy of the property is
more likely to lead to blight than the resumption of operations. The existing landscaping
should be adequate for the resumption of the carwash use. No direct effects on density
K. Trimnal Handwritten Minutes, July 20, 2023, Page 2 of 4
V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED
patterns and public-school facilities are expected. No additional demands on other
services should be expected, other than what was already accommodated for when the
carwash use was originally approved.
Based on the foregoing analysis, staff recommends approval with the following
conditions: ADA parking space previously provided in the front of the building shall
remain, a second parking space located in the rear portion of the site, meeting the
requirements of the LDR, will be formally designated and lined, and not more than 300
feet of floor area of the building will be used as an office, or any other use except for
storage of materials or equipment related to operation of the car wash, unless additional
parking is provided to accommodate such use in accordance with the off-street parking
requirements of the LDR.
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3. Mr. Alfonso Vargas, Registered Agent for Property Owner, 507 NE Park St, LLC was
present and available for questions.
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5. No Ex-Parte disclosures were offered.
K. Trimnal Handwritten Minutes, July 20, 2023, Page 3 of 4
V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED
6. Motion by Board Member , seconded by Board Member
to approve Special Exception Petition No. 23-003-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: ADA
parking space previously provided in the front of the building shall remain, a second
parking space located in the rear portion of the site, meeting the requirements of the
LDR, will be formally designated and lined, and not more than 300 feet of floor area
of the building will be used as an office, or any other use except for storage of
materials or equipment related to operation of the car wash, unless additional parking
is provided to accommodate such use in accordance with the off-street parking
requirements of the LDR.
Chairperson Hoover i , Vice Chairperson McCoy , Board Members
Baughman , Berlin , Brass , Chartier , Jonassaint . Motion
Carried/Denied.
CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT
VI. CITY ADMINISTRATOR UPDATE
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VII. adjourned the meeting at L', I .,! P.M.
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K. Trimnal Handwritten Minutes, July 20, 2023, Page 4 of 4