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2023-11-16 V. A. #23-001-SE, Staff Report23-001-SE Special Exception Staff Report I 1 gill JIis r: I I Applicant I Park Street Okeechobee, LLC Parcel Identification j 2-15-37-35-OA00-00010-0000, 3-15-37-35- 0210-00010-0010 Prepared for The City of Okeechobee MORRIS DEPEW Special Exception Staff Report November 9, 2023 Petition No. 23-001-SE General Information Owner: William R. Grigsby, Jr. Applicant: Park Street Okeechobee, LLC Primary Contact: Blair Knighting, AICP (904)-828-3900 Parcel Identification: 2-15-37-35-OA00-00010-0000, 3-15-37-35-0210-00010-0010 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 Existing _ Proposed Future Land Use Commercial _ Commercial Zoning Heavy Commercial (CHV) Heavy Commercial (CHV) Use of Property Vacant Culver's Acreage 2.16 (replat) 2.16 acres Future Land Use, Zoning, and Existing Use of Surrounding Properties Future Land Use North Commercial (Okeechobee County) East Commercial Corridor Mixed - Use, Urban Residential Mixed Use South Commercial West Commercial Zoning Existing Use Heavy Commercial (CHV) Vacant, subject to replat (Okeechobee County) Residential Mixed (RM) Commercial (C) Commercial 2 (C-2) Heavy Commercial (CHV) Heavy Commercial (CHV) Description of Request and Existing Conditions Unimproved NE 13' Ave, Vehicle Sales, Vacant SR-70, Retail, Fast -Food Restaurant, Post Office Vacant, subject to replat The request for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for a drive through service in association with a Culver's restaurant in the CHV zoning district. A concurrent site plan application (23-004-TRC) has been submitted, approval of which should be contingent upon approval of this special exception request. The subject site is Lot 2 of the recently approved Park Street Park Commerce plat (23-003-TRC). CITY OF OKEECHOBEE MORRIS 1 DEPEW Special Exception Staff Report November 9, 2023 Petition No. 23-001-SE 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 proposed use is compatible and appropriate for this location given the established commercial nature and presence of existing drive -through service restaurants in the area. Additionally, the proposed project is infill development in a location with existing infrastructure and utilities. Staff Comments: The site is located with direct frontage on SR-70, one of the City's main commercial corridors, and within the recently approved commercial subdivision plat. Direct access is proposed to SR-70. Surrounding uses are all existing and proposed commercial uses. The proposed location and site are appropriate for the drive -though restaurant use. (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 Culver's restaurant is not directly adjacent to residential uses. As depicted on the conceptual site plan, the restaurant building will front State Road 70 and includes landscaped areas to the north and south of the building, in addition to the setbacks and a patio space. This design is compatible with the adjacent future commercial uses. Staff Comments: A detailed analysis of the site design is provided with the staff report for the companion site plan application, 23-004-TRC, which includes recommendations for approval of that site plan. The plan is consistent with the city's landscape buffer requirements and little buffering should be necessary to ensure compatibility with the surrounding commercial uses. (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses. Applicant Response: As shown on the conceptual site plan, the proposed project will meet all setback requirements per the Heavy Commercial zoning designation (Section 90.285). Additionally, all landscaping requirements will be met. As the subject location is not directly adjacent to residential uses, uncomplimentary screening is not necessary. Staff Comments: Please see landscape plan included with plan set for 23-004-TRC. (4) Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use. Applicant Response: Given the commercial nature of the area and the existing drive -through restaurants in proximity to the site, the nature of the proposed restaurant use with drive -through service creates no potential problems or public nuisances. The property fronts State Road 70 and is not directly adjacent to residential uses. Therefore, the proposed use is in a compatible and appropriate location. CITY OF OKEECHOBEE 2 MORRIS g4DEPEW Special Exception Staff Report November 9, 2023 Petition No. 23-001-SE Staff Comments: The only foreseeable negative impact is related to the potential for vehicle stacking to exceed the limits of the site and cause traffic congestion. However, the applicant has provided a queuing analysis/statement demonstrating that adequate stacking capacity is available onsite to accommodate the estimated peak demand. (5) Demonstrate how the utilities and other service requirements of the use can be met. Applicant Response: The Applicant will work with the Okeechobee Utility Authority to ensure water and sewer availability. The applicant will also work with the South Florida Water Management District (SFWMD), the City of Okeechobee, and other pertinent authorities to establish any additional service requirements for the proposed Culver's drive -through restaurant. Staff Comments: Infrastructure plans for the proposed plat will address the availability of utility infrastructure to the site. Letters of availability have been provided from OUA indicating plant capacity is available. (6) Demonstrate how the impact of traffic generated will be handled, off site and on site. Applicant Response: As shown on the conceptual site plan, thoughtful design has been used to create efficient traffic flow within and throughout the Culver's restaurant site. The proposed project also includes interconnectivity between adjoining parcels. Additionally, the proposed development will comply with all City of Okeechobee concurrency fees and requirements. Staff Comments: The applicant has provided a queuing analysis (included in application submittal) demonstrating that adequate stacking capacity is available onsite to accommodate the estimated peak demand. 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: The proposed drive -through service use is located in the Commercial Future Land Use Designation. As demonstrated in the Comprehensive Plan, and further justified below, the proposed use is appropriate and intended for the Commercial land use designation. The requested special exception is further justified by meeting the following City of Okeechobee Comprehensive Plan goals, objectives, and policies: Objective 12: By the year 2002, the Unified Land Development Code shall be revised to specifically encourage redevelopment, infill development, compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl, as provided in the following policy: Policy 12.1: Criteria, standards, and related provisions established in the Land Development Code for reducing the impacts from any land uses that are not in conformance or are inconsistent with this Comprehensive Plan shall as a minimum: CITY OF OKEECHOBEE 3 MORRIS DEPEW Special Exception Staff Report November 9, 2023 Petition No. 23-001-SE a) Regulate the subdivision and platting of land. b) Regulate the use, intensity and location of land development in a manner that is compatible with adjacent land uses and provides delineation in the Conservation Element. c) Protect Conservation Use lands designated on the Future Land Use Map and those delineated in the Conservation Element. d) Regulate areas subject to seasonal and periodic flooding by requiring adequate drainage and stormwater. e) Ensure safe and convenient on -site traffic flow and vehicle parking needs through the Site Plan review process and off-street parking regulations. f) Ensure that public facility, utility and service authorization has been procured prior to issuing any development order and that construction of said facilities, utilities, and services is concurrent with development. g) Provide that development orders and permits shall not be issued which result in a reduction of the level of services for affected public (community) facilities. The purpose of such regulations shall be to eliminate or reduce use inconsistent with the character of the surrounding area. Such criteria, standards, and related provisions shall not cause undue hardship, economic or otherwise, to the owners of such nonconforming uses. The proposed project is infill development in a location appropriate for a drive -through service use. Additionally, the project is in a location currently serviced by utilities and infrastructure. A fast-food restaurant in this location matches the intensity of existing development in proximity and is a use that currently exists in the area. Therefore, the proposed project meets the intent of this comprehensive plan objective and associated policy. Staff Comments: The Okeechobee Comprehensive Plan does not contain any policies which would prohibit the requested use. Staff finds that the proposed use is consistent with the Commercial Future Land Use Category, as defined within the Comprehensive Plan. (2) The use is specifically authorized as a special exception use in the zoning district. Applicant Response: Per Section 90-283 of the City of Okeechobee's Land Development Code, a drive -through service use and structure(s) are permitted in the Heavy Commercial (CHV) zoning district after issuance of a special exception petition. Staff Comments: "Restaurant, takeout restaurant, cafe" is an permitted principal use within the CHV district, per LDC Section 90-282(3). The drive -through service, proposed for Culver's, is listed as a special exception use in the CHV district, as stated in LDC Section 90-283(1). (3) The use will not have an adverse effect on the public interest. Applicant Response: The proposed use will not have an adverse effect on the public interest given the commercial character of the area, the existing infrastructure and utilities to service the proposed use, and the thoughtful site design. CITY OF OKEECHOBEE 4 MORRIS DEPEW' Special Exception Staff Report November 9, 2023 Petition No. 23-001-SE Staff Comments: The proposed use provides another service commercial opportunity for employment and tax base for the City and is not expected to create any disturbance or adverse effects on the public interest. (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: The use is appropriate for the proposed location and is compatible with the commercial character of the area as well as adjacent uses. It is also infill development and therefore not detrimental to urbanizing land use patterns and does not contribute to urban sprawl. Staff Comments: The subject site and location is reasonably appropriate for the proposed use and should have no effect on urbanizing land use patterns. The Applicant is proposing infill development, which 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: The requested drive -through service use will not be a deterrent to the development of adjacent property and may increase the value of the currently vacant parcels. Staff Comments: The proposed Culver's drive through will be located within the Park Street Commerce Center along SR-70, which will support a mix of commercial uses. The subject property is an ideal location for commercial infill development, consistent with the existing and proposed development pattern to the north, east, west, and further south. The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent properties.. (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: It is not anticipated that the requested drive -through service will result in any nuisance or hazard to adjacent uses. Therefore, there are no screening requirements in addition to the landscape requirements specified by the City of Okeechobee's Land Development Code. Staff Comments: No nuisances or hazards are expected that will require special screening. (7) The use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Applicant Response: The proposed project does not include any residential uses, therefore it will have no impact on the capacity of public schools. The project location is serviced by existing streets and utility services and there are no anticipated decreases in the respective levels of service that result from the drive -through establishment. The Applicant will comply with all applicable City of Okeechobee concurrency requirements and fees. CITY OF OKEECHOBEE 5 4g4l�DiKEW�� Special Exception Staff Report November 9, 2023 Petition No. 23-001-SE Staff Comments: The proposed use will not include a residential component therefore, no direct effects on density patterns and public -school facilities are expected. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Applicant Response: The Applicant will meet all SFWMD standards and City of Okeechobee requirements to prevent traffic congestion, flooding or drainage problems, or otherwise adverse public safety impacts. Staff Comments: Review of the site plan and the infrastructure plans associated with the plat will ensure that all stormwater management standards are met. Recommendation Based on the materials and statements provided by the applicant and the foregoing analysis, we recommend approval of this special exception request fora-cavrrash in the CHV zoning district. b nee _T"Kmuq 6 a wt UL" Submitted by: Ben Smith, AICP Director of Planning November 9, 2023 Okeechobee Board of Adjustment Hearing: November 16, 2023 CITY OF OKEECHOBEE !: MORRIS DEPEW Special Exception Staff Report November 9, 2023 Petition No. 23-001-SE Supplemental Exhibits Exhibit A: Zoning Map CITY OF OKEECHOBEE 7 MORRIS DEPEW Special Exception Staff Report November 9, 2023 Petition No. 23-001-SE Exhibit B: Future Land Use Map CITY OF OKEECHOBEE 8 MORRIS DEPEW Special Exception Staff Report November 9, 2023 Petition No. 23-001-5 r F `4� Rr► 1 t- � ,.qt �r, o •- A. - 71 1- . . • R ar fig,+; -' :,e�•.t.,.. � •a _ !� • f \' t - 1f' 1�c yY ��� , t�.,� �� ,�i,7■yam,At 72 cr • "rr. t Exhibit C: Existing Land Use Map CITY OF OKEECHOBEE 9 MORRIS, -- DEPEW