Loading...
2023-12-21 Handwritten Minutes?(� 2 IDa3 - 1a ,a � CITY OF OKEECHOBEE, FLORIDA DECEMBER 21, 2023, PLANNING BOARD MEETING HANDWRITTEN MINUTES BY KELI TRIMNAL I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, December 21, 2023, at �:OQ 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 Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman Board Member Carl Berlin, Jr. Board Member Karyne Brass Board Member Mac Jonassaint Board Member Jim Shaw Alternate Board Member Jon Folbrecht Alternate Board Member James Dean Murray City Attorney City Administrator Gary Ritter City Planning Consultant Ben Smith Board Secretary Patty Burnette General Services Secretary Keli Trimnal PRESENT ABSENT y9 �o ✓ ZOOM III. AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were 0O c�C A Motion by Board Member approve the agenda as presented. seconded by Board Member to Chairperson Hoover , Vice Chairperson McCoy ., Board Members Baughman , Berlin , Brass , Jonassaint , Shaw _. Motion Carried/Denied. C. Chairperson Hoover asked whether there were any comment cards submitted for items not on the agenda. There were O br' - 3e� IV. MINUTES •� Motion by Board Member seconded by Board Member ►' to dispense with the reading and ap rove the October 119, 2023, Regular Meeting minutes. V. Chairperson Hoover , Vice Chairperson McCoy ., Board Members Baughman , Berlin , Brass , Jonassaint , Shaw . Motion Carried/Denied. CHAIRPERSON HOOVER OPENED THE QUASI-JUDI(�IAL PUBLIC HEARING AT,, "P.M. A. Rezoning Petition No. 23-002-R, requests to rezone 0.65± acres from Central Business District (CBD) to Heavy Commercial (CHV), located at 201 South Parrott Avenue. The proposed use is the expansion of an established hotel. 1. Notary Public Keli Trimnal administered the Oath to: Y Obb 5 K. Trimnal Handwritten Minutes, December 21, 2023, Page 1 of 7 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 2. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. reviewed the Planning Staff Report. Motel use is not listed as a permitted use in the CBD district and therefore is an existing nonconforming use. The applicant has stated their ultimate intent is to expand the motel use to add another motel room, though no site plan application has been submitted for that development program at this time. Motels are listed as a permitted use in the CHV district and expansion of the hotel would be permitted upon approval of this request, subject to submittal of a site plan which meets the standards of the Comprehensive Plan and the Land Development Code, specifically those that pertain to the Heavy Commercial district and the nonconforming structure provisions of Chapter 90, Article II. Notwithstanding the applicant's stated intentions, there are differences between the CBD and CHV districts that could affect future redevelopment of the subject property if this request is approved. The CHV generally allows for a greater number of permitted and special exception uses, though it requires more restrictive setbacks and lot coverage. Every permitted use in the CBD district is also permitted in the CHV district, though there are a number of uses permitted in CHV district that are not permitted in the CBD district as follows: • Funeral home • Hotel, motel • Taxidermist • Pet grooming • Convenience store • Indoor auction house • Pawnshop Sys K. Trimnal Handwritten Minutes, December 21, 2023, Page 2 of 7 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED Every use allowed by special exception in the CBD district is also allowed by special exception in the CHV district (except pawnshops, which'are_lisTed permitted in CHV), though there are a number of uses allowed by special exception in CHV district that are not allowed by special exception in the CBD district as follows: • Wholesale, warehouse not including bulk storage of flammable liquids • Enclosed warehouse and storage • Outdoor sales and storage, building trades contractor • Flea market • Commercial outdoor recreation • Veterinary service • Crematory • Recreational vehicle park, for transient recreation use • Hospitals, which means in -patient hospital care • Adult family care homes, assisted living facilities as defined in F.S. § 429.02(5) • Nursing homes • Alcohol and drug rehabilitation center/detox center • Convenience store with fuel pumps • Retail pool supplies and equipment (including storage of chemicals for use and/or retail sale) • Water treatment services (including storage of chemiicals for use and/or retail sale) • Pest control (including storage of chemicals for use and/or retail sale) The CBD district allows for development with zero setbacks, whereas the CHV district requires at least a 20-foot front setback, 8-foot side setbacks, and 10-foot rear setback. The CBD district allows for development with 85% lot coverage, whereas the CHV district allows for development with 50% lot coverage. -- ..j CA -Ss - Va N A-v � K. Trimnal Handwritten Minutes, December 21, 2023, Page 3 of 7 � o� bid PUBLIC HEARING QUASI-JUDICIAL ITEM A CONTINUED - ��� Mr. Jay Patel, Trustee, on behalf of the Property Owner, Jitendra Living Trust, was/wgs�t present and available for questions. `N Dbbs - ��}s rova L0 slb V All �Z Mc COLA - W:03 V. 3 �O 4. There were 1` CO �- public comments or questions from those in attendance or submitted to the Board Secretary. K. Trimnal Handwritten Minutes, December 21, 2023, Page 4 of 7 V. PUBLIC HEARING QUASI-JUDICIAL ITEM A CONTINUED K. Trimnal Handwritten Minutes, December 21, 2023, Page 5 of 7 V. PUBLIC HEARING QUASI-JUDICIAL ITEM A CONTINUED 5. There were/were not, Disclosure of Ex-Parte Communications' by the Board. 6. Planning Staff's findings are as follows: Per Policy 2.1(e) of the City of Okeechobee Comprehensive Plan, CHV is an appropriate district within the proposed Future Land Use (FLU); Motel use is specifically authorized as a permitted use in the CHV District per LDR 90-282(7); Approval of this request will allow for uses to be developed on the subject property consistent with the CHV zoning district. As listed above, there are a number of additional uses that will be permitted and allowed by special exception if this request is approved. However, the abutting properties are all zoned commercial, developed with existing commercial uses, which should not be adversely affected by approval of this request. Heavy commercial zoning is prevalent along SR 441 and is generally desired by the City in order to provide a range of commercial uses along this commercial corridor. The current use of the property is a motel, which is not a permitted use, or a use allowed by special exception in the CBD district, though it is a permitted use in the CHV district. The motel use has existed on this site for many years adjacent to the neighboring uses. Hotels and motels are a common use along the City's commercial corridors and are not contrary or detrimental to urbanizing land use patterns; there is no reason to suspect that rezoning the subject property from Central Business District to Heavy Commercial will have any adverse impacts on property values or living conditions or be a deterrent to the improvement or redevelopment of adjacent properties; Expansion of the existing motel use or redevelopment of a new use will be subject to all Land Development Code required buffers within the Heavy Commercial zoning district. Additionally, no nuisances or hazards are expected to the surrounding commercial properties as a result of this rezoning; Only one residential dwelling unit per commercial building can be allowed as a special exception use in both the CBD and CHV district, which would have a de minimis impact on public facilities; The applicant has submitted a Traffic Impact Statement, affirming that the proposed change in zoning will not result in an increase in the number of trips, as the potential maximum trip generation of this property is not increased by this rezoning. The applicant states that the highest trip -generating use permitted under both existing and proposed zoning classifications is a medical dental office; Water management issues will be considered at time of site plan approval; proposed use has not been inordinately burdened by unnecessary restrictions. K. Trimnal Handwritten Minutes, December 21, 2023, Page 6 of 7 V. PUBLIC HEARING QUASI-JUDICIAL ITEM A CONTINUED Based on the materials provided by the applicant and the above analysis, we find that this request to rezone the subject property from CBD to CHV is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and is consistent with the surrounding pattern of land use. Therefore, we recommend approval of the Applicant's request. Motion by Board Member Ph, \ , seconded by Board Member �f\aC to recommend approval to the City Council for Rezoning Petition No. 23- 002-R as presented in [Exhibit 1, which includes the findings as required for granting petitions per Code Section 70-340; and the Planning Consultant's analysis of the findings and recommendation for approval.] The recommendation will be forwarded to the City Council for consideration at Public Hearings, tentatively scheduled for January 16, 2024 and February 20, 2024, Motion Carried. \� "Chairperson Hoover , Vice Chairperson McCoy__, Board Members Baughman , Berlin , Brass , Jonassaint , Shaw . Motion Carried/Denied. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT`v '' P.M. VI. CITY ADMINISTRATOR UPDATE VII. CHAIRPERSON HOOVER ADJOURNED THE MEETING AT IJ A� P.M. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, he/she may need to ensure that .a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. K. Trimnal Handwritten Minutes, December 21, 2023, Page 7 of 7