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2024-01-18 Hand Written Minutes CITY OF OKEECHOBEE, FLORIDA JANUARY 18, 2024, BOARD OF ADJUSTMENT MEETING - oiAr t HANDWRITTEN MINUTES BY PATTY BURNETTE I. CALL TO ORDER Hoover called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, January 18, 2024, at (o:OI 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 Board Member Carl Berlin Jr. ✓ __ Board Member Karyne Brass Board Member Mac Jonassaint ✓ Board Member Jim Shaw .V Alternate Board Member Jon Folbrecht �- MOVed Alternate Board Member J. Dean Murray t✓ IY1OV -- VIA ZOOM City Attorney Gloria Velazquez City Administrator Gary Ritter 1. City Planning Consultant Ben Smith _ Board Secretary Patty Burnette V General Services Secretary Keli Trimnal t✓ III. AGENDA A. -Fifi' ✓P( asked whether there were any agenda items to be added, deferred, or withdrawn. There were /AA B. Motion by Board Member Ph ( , seconded by Board Member I FqC L i-7 to approve the agenda as presented. am ChairpersonDA Hoover , Vice Chairperson McCoy , Board Members l "` Baughman , Berlin , Brass , Jonassaint , Shaw Motion Carried/Denied. + 44_i. r I I ..,,e,Gv IV. MINUTES A. Motion by Board Member` , seconded by Board Member to dispense with the reading and approve the November 16, 2023, ,nfo Board of Adjustment Regular Meeting minutes. I(ma UM-f k1t a b,u, 'tis fecorc Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman , Berlin Brass Jonassaint ShawMotion Carried/Denied. r, a�Y i V.: 14CO\le V OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT . A. Special Exception Petition No. 24-001-SE requests to allow an Outdoor Vehicle Sales Lot in a Heavy Commercial Zoning District, (Ref. 90-283(18)). located at 711 North Parrott Avenue. The Applicant would like to re-open a Vehicle Sales Lot. 1. Notary Public Patty Burnette administered an oath to: ark _ 0141 -SQP.u) fl l ex [s-fieru ra _ -1 l 1 )3. ►�a11 I�V-� CPvo(M /i)A J) 431W-1.- P. Burnette Handwritten Minutes, January 18, 2024, 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 Staff Report. Applicant is requesting for consideration by the City of Okeechobee Board of Adjustment a Special Exception for an Outdoor Vehicle Sales Lot. The subject property was previously approved for the special exception use of an outdoor vehicle sales lot, via Petition 05-006-SE, however the operations ceased for a period of at least 180 days. Due to that lapse, a new special exception approval is required to allow the vehicle sales use. The site contains two existing structures, an office building (440 SF) and a shed (160 SF), each with attached unenclosed covered areas. Metal bollards are spaced regularly along the west, north and east property lines except for openings for two curb cuts on US-441 and another opening on the west side to the alley. Nearly the entire site is paved with no landscaping that is apparent based on the materials submitted for this request. The site meets the definition of a nonconforming structure at the very least due to lack of landscaping, likely an exceedance of impervious surface area above the maximum permitted, and setback encroachment. LDR 66-1 provides the following definition: c Nonconforming structure means a lawful building or structure existing on the date i ` 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. LDR 90-37(2) provides the following regarding nonconforming structures: 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: (1) Use. Future use shall be either a permitted use within the district or, after approval, a special exception use permitted in the district. (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 applicant is not proposing any site improvements at this time, so there is currently no proposed increase in the nonconformity. However, in consideration of the special exception request, the board may consider requiring any site improvement that is deemed necessary to ensure compatibility and to ensure the use will meet the criteria for approval of a special exception request, as provided below. LDR 90-703 provides the following standards for Outdoor vehicle sales lots: • Minimum lot area: 10,000 square feet; 100 feet wide. _ -I) • Display area: Vehicle display areas may be grass or other surface but must be ill V 116fOd maintained in a sightly and dust free condition. • Grass display areas are permitted only to the extent that they are identified on an approved site plan and such areas are in addition to the minimum 15 percent of the site that is required to be pervious. • Vehicles on display must be located at least three feet from any sidewalk or property line. • Lighting: Artificial lighting used to illuminate the premises must be directed away from adjacent properties and streets, shining only on the subject site. LDR 90-512(2) states that automobile sales lots require 1 off street parking space per 400 sf of floor area and 1 per 1 ,500 sf of outdoor area used for sales or display. The site plan provided by the Applicant indicates the location of a number of parking spaces, through it does not indicate which spaces are intended to meet the minimum parking requirements (for employees and customers) and which areas are intended for display of merchandise. -BRAE'- P. Burnette Handwritten Minutes, January 18, 2024, Page 2 of 4 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED Planning Staff's responses to the Applicant's presentation on consistency with LDR's are, the subject property is located with direct frontage on US 441 , a major Commercial corridor within the City. The property is zoned Heavy Commercial (CHV) and designated Commercial (C) on the Future Land Use (FLU) Map. The surrounding existing uses, Zoning and FLU designations are all C or Industrial (I). The property has previously operated as an outdoor vehicle sales lot, though with at least one interruption in use and continues to be appropriate for that use. The Applicant is not proposing any redesign of the buildings, which have been used previously for this use. The staff is not aware of any previous compatibility issues. The subject property has no existing landscaping, and the adjacent uses are intensive CHV, and I use that should not require any significant screening from the proposed auto sales use. However, the Board may consider requiring screening/planting along the frontage of US-441. The subject property is serviced by existing utilities and services, and no additional demands beyond those of the previous auto sales uses are expected. It is not expected that this use will create any disturbance or adverse effects on the public interest. The subject site and location are reasonably appropriate for the proposed use and should have no effect on urbanizing land use patterns. A Traffic Impact Statement has not been included in the application, 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. However, the site plan provided indicates that vehicle ingress is proposed from the existing access point on US-441 and vehicles will egress onto the alley at the rear, which leads to NW 8th Street. While this may have been the historical vehicle access route, it is not ideal, the alley is only 15 feet wide and is not intended for regular egress for a business. The use is authorized as a special exception use in the CHV district, as stated in LDR Section 90-283(18) and the property has operated as an outdoor vehicle sales lot previously and it is not expected that re-establishment of the use will create any new disturbance of adverse effects on the public interest. Re-establishment of the outdoor vehicle sales lot use should not adversely affect property values in this area of the City which contains CHV, and I use, and not likely to be a deterrent to the improvement or development of adjacent properties. The continued vacancy of the property may be more likely to lead to blight than the resumption of operations. The proposed use should not cause any impacts or nuisances to adjacent uses that would be remedied by screening and is not residential and will not create any additional demands on public-school facilities. No additional demands on other services should be expected, other than what was already contemplated when the auto sales use was V originally approved. eQ-40,q(k\Q' The site has direct access to US 441, a Principal Arterial Roadway. The site plan R‘Nprovided demonstrates the main means of ingress will be from US 441 and the main 0SQ' means of egress will be through a back alley that connects to NW 8th Street. The use ( 6Q should not generate a significantly greater number of trips than were generated by the previous auto sales use. The site appears to be nearly entirely impervious and there is q�^� no evidence of any storm water management facilities based on the applicant's -� submittal. However, approval of the applicant's request will not increase that existing 04% nonconformity. The site has high visibility from the public rights-of-way and is not likely to cause any concerns related to public safety. Based on the materials and statements provided by the applicant and the foregoing analysis, we recommend_Approval of this special exception request, for an Outdoor Vehicle Sales Lot, in the Heavy Commercial district subject to the following condition: Applicant shall submit a site plan which provides location, dimensions, area and property line setbacks for areas used for sales/display; location and dimensions of employee/customer parking spaces; internal vehicle access aisle dimensions ��aA- re �Q I(�nd5(�Gt lr viO u� pent/ r `"DRAFT-P. Burnette Handwritten Minutes, January 18, 2024, Page 3 of 4 VI• QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED ' Hoover- 11011(Ovii-OvYflJr?j aSe O( ron CO( -toy y U r)99 1�1G�q }-o� ex n- i ea d d Pf►n t h ans lob� In o�e o�vN����h e.s i� any( watt yet nafi i Yrrea ? in recc fC reS ftY 441 k� — 15ft rs ✓?o-f 1 n fiends 1�h n ►" " �a.n fv s ho�J t^1 rev. 1 et f-P� does 3crud �,a VC t(e(Om w�+bl a s 1 to ra S S ) vvi p►rev oxs s ,' C e -- O p-h cros ✓ )ac rlckra.f2t 1.0 L�/t I) "eVacS4' I` T ^a f13 FLY U V Oe a-11e cI °lit! -- n v 3. Mr. Alejandro and/or Mrs. Janet Estremera, Property Owner, or Mr. Terry Brink, ollid Applicant, was present and available for questions. Q aQSl�,y� ;rxtly paw' have bun /re • p�-Ay �i /ir5 {r4� �/Ye frris rev 7* no ssuQ , vim K 2 I dR- b04^-0G rQ r �i r'C(' c otos t - 6-4`1, — Sen.t -1161 -er VvPitt 6/. 4. No public comments were offered. �� cleiAl SPO 39ris , acts n1 - ID( Po 1Al p 5. No Ex-Parte disclosures were offered. hv�v7 r, 6. Motion by Board Member ,g , seconded by Board Member . i;O� to approve Special Exception Petition No. 24-001-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 conditions: Applica�t�ball submit a site plan which provides: • location, dimensions, area and property line setbacks for areas used for C sales/display • location and dimension of employee/customer parking spaces ). /� 44 • internal vehicle access aisle dimensions Nr.9- 00- Y Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman , Berlin- , Brass , Jonassaint , Shaw Motion Carried/Denied. (Y)0 i 1 b✓ec ,-1- IAZ)tV-e- CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT VI., CITY ADMINISTRATOR UPDATE no-f pAnorq- VIII, Nbts/-e. adjourned the meeting at (6 '3`c P.M. ^^ P. Burnette Handwritten Minutes, January 18, 2024, Page 4 of 4 CITY OF OKEECHOBEE, FLORIDA JANUARY 18, 2024, BOARD OF ADJUSTMENT MEETING HANDWRITTEN MINUTES BY KELI TRIMNAL I. \ CALL TO ORDER called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, January 18, 2024, at /e; CI 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 Board Member Carl Berlin Jr. Board Member Karyne Brass v Board Member Mac Jonassaint 1 o4- (r`�t Board Member Jim Shaw E Ni(AV' Alternate Board Member Jon Folbrecht V Alternate Board Member J. Dean Murray VIA ZOOM City Attorney City Administrator Gary Ritter • City Planning Consultant Ben Smith Board Secretary Patty Burnette General Services Secretary Keli Trimnal III. AGENDA A. I-11c40 v asked whether there were any agenda items to be added, deferred, or withdrawn. There were N (A" L B. Motion by Board Member Pk I _ , seconded by Board Member . DUO\ to approve the agenda as presented. Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman , Berlin , Brass , Jonassaint , Shaw Motion Carried/Denied. IV. MINUTES A. Motion by Board Member , seconded by Board Member PS\ Wi to dispense with the reading and approve the November 16, 2023, Board of Adjustment Regular Meeting minutes. Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman , Berlin , Brass , Jonassaint , Shaw - Motion Carried/Denied. V. YQ V OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT A. Special Exception Petition No. 24-001-SE requests to allow an Outdoor Vehicle Sales Lot in a Heavy Commercial Zoning District, (Ref. 90-283(18)), located at 711 North Parrott Avenue. The Applicant would like to re-open a Vehicle Sales Lot. 1. Notary Public Patty Burnette administered an oath to: &J)i K. Trimnal Handwritten Minutes. January 18, 2024. 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 Staff Report. Applicant is requesting for consideration by the City of Okeechobee Board of Adjustment a Special Exception for an Outdoor Vehicle Sales Lot. The subject property was previously approved for the special exception use of an outdoor vehicle sales lot, via Petition 05-006-SE, however the operations ceased for a lib N period of at least 180 days. Due to that lapse, a new special exception approval is . required to allow the vehi—cue sales use. The site contains two existing structures, an office building (440 SF) and a shed (160 SF), each with attached unenclosed covered areas. Metal bollards are spaced regularly along the west, north and east property lines except for openings for two curb cuts on US-441 and another opening on the west side to the alley. Nearly the entire site is paved with no landscaping that is apparent based on the materials submitted for this request. The site meets the definition of a nonconforming structure at the very least due to lack of landscaping, likely an exceedance of impervious surface area above the maximum permitted, and setback encroachment. LDR 66-1 provides the following definition: 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. LDR 90-37(2) provides the following regarding nonconforming structures: • 4 7\ 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: av (1) Use. Future use shall be either a permitted use within the district or, after V6t. , VT approval, a special exception use permitted in the district. cc' (2) Nonconformity. Future use shall not increase the extent of nonconformity by 6\ jt�k reason of insufficient yards, setbacks, landscaping or parking, or excessive floor T C�" -rc area, coverage, or height. �k ct t 0/ The applicant is not proposing any site improvements at this time, so there is currently tal(,�, v no proposed increase in the nonconformity. However, in consideration of the special ., v 1, \r' exception request, the board may consider requiring any site improvement that is deemed necessary to ensure compatibility and to ensure the use will meet the criteria n Vfor approval of a special exception request, as provided below. �`� LDR 90-703 provides the following standards for Outdoor vehicle sales lots: / i_v �� � ' • Minimum lot area: 10,000 square feet; 100 feet wide. t\ • Display area: Vehicle display areas may be grass or other surface but must be /9., V. maintained in a sightly and dust free condition. \�S`" i • Grass display areas are permitted only to the extent that they are identified on an .\Sco 0 o- approved site plan and such areas are in addition to the minimum 15 percent of \ N9 Q the site that is required to be pervious. ,A"� , • Vehicles on display must be located at least three feet from anysidewalk or U p Y property line. • Lighting: Artificial lighting used to illuminate the premises must be directed away from adjacent properties and streets, shining only on the subject site. LDR 90-512(2) states that automobile sales lots require 1 off street parking space per 400 sf of floor area and 1 per 1 ,500 sf of outdoor area used for sales or display. 4 i The site plan provided by the Applicant indicates the location of a number of parking spaces, through it does not indicate which spaces are intended to meet the minimum ,�,�,� e' parking requirements (for employees and customers) and which areas are intended for et' �. display of merchandise. - K. Trimnal Handwritten Minutes, January 18, 2024, Page 2 of 4 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED Planning Staff's responses to the Applicant's presentation on consistency with LDR's are, the subject property is located with direct frontage on US 441 , a major Commercial corridor within the City. The property is zoned Heavy Commercial (CHV) and designated Commercial (C) on the Future Land Use (FLU) Map. The surrounding existing uses, Zoning and FLU designations are all C or Industrial (I). The property has previously operated as an outdoor vehicle sales lot, though with at least one interruption in use and continues to be appropriate for that use. The Applicant is not proposing any redesign of the buildings, which have been used previously for this use. The staff is not aware of any previous compatibility issues. The subject property has no existing landscaping, and the adjacent uses are intensive CHV, and I use that should not require any significant screening from the proposed auto sales use. However, the Board may consider requiring screening/planting along the frontage of US-441. The subject property is serviced by existing utilities and services, and no additional demands beyond those of the previous auto sales uses are expected. It is not expected that this use will create any disturbance or adverse effects on the public interest. The subject site and location are reasonably appropriate for the proposed use and should have no effect on urbanizing land use patterns. A Traffic Impact Statement has not been included in the application, 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. However, the site plan provided indicates that vehicle ingress is proposed from the existing access point on US-441 and vehicles will egress onto the alley at the rear, which leads to NW 8th Street. While this may have been the historical vehicle access route, it is not ideal. the alley is only 15 feet wide and is not intended for regular egress for a business. 4 The use is authorized as a special exception use in the CHV district, as stated in LDR Section 90-283(18) and the property has operated as an outdoor vehicle sales lot x` previously and it is not expected that re-establishment of the use will create any new � o disturbance of adverse effects on the public interest. Re-establishment of the outdoor \fir vehicle sales lot use should not adversely affect property values in this area of the City -' which contains CHV, and I use, and not likely to be a deterrent to the improvement or (06) development of adjacent properties. The continued vacancy of the property may be \`k more likely to lead to blight than the resumption of operations. The proposed use should not cause any impacts or nuisances to adjacent uses that would be remedied by screening and is not residential and will not create any additional demands on public-school facilities. No additional demands on other services should be expected, other than what was already contemplated when the auto sales use was originally approved. The site has direct access to US 441 , a Principal Arterial Roadway. The site plan provided demonstrates the main means of ingress will be from US 441 and the main means of egress will be through a back alley that connects to NW 8th Street. The use should not generate a significantly greater number of trips than were generated by the previous auto sales use. The site appears to be nearly entirely impervious and there is no evidence of any storm water management facilities based on the applicant's submittal. However, approval of the applicant's request will not increase that existing nonconformity. The site has high visibility from the public rights-of-way and is not likely to cause any concerns related to public safety. Based on the materials and statements provided by the applicant and the foregoing analysis, we recommend Approval of this special exception request, for an Outdoor Vehicle Sales Lot, in the Heavy Commercial district subject to the following condition: Applicant shall submit a site plan which provides location, dimensions, area and property Tine setbacks for areas used for sales/display; location and dimensions of employee/customer parking spaces; internal vehicle access aisle dimensions K. Trimnal Handwritten Minutes, January 18, 2024, Page 3 of 4 , ,h,„A,,,,., \-),,,c,,,,i6,,,_ \-a,o , `w C.o V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED c 6kAilibYe..._—, .?...cl\_/A1A111)1). 7 bl-e N 0�`+ ^ -r,C-3 lov ikt VCI Ja( h4 R en ri td ..S @.- o.,. -4 AG - . In A pig -- utp 4-' Z2A----k-t) oAkii-cu(A , v,�r - PSI vw ) r S- k- - rr Pkivc out Oro` - nv\ riicc,k 64) (J\-4,114' hvkw44 - -};n o r b rokali - 1 I 1 3. Mr. ��VAlejandro Qaand//or Mrs. Janet Estremera, Property Owner, or Mr. Terry Brink, Applicant, was present and available for questions. N � iur- 21 \v. eJ u - - • , . N —� t Co WJ >rG. le L>1 ' ---1--.04,(.4 -.611) ' 4-0-01 6P-Pa/IN A-K-' i - 0.,c ' L Pow ui,i. 6a.t,.#— ---\- Gn ou) 4. No public comments were offered. Vi)--W4J\ ( . , p\ (., ' 'Yl ate/ , V .0 k s► r- 0) fat,} ► "c) --- 5. No Ex-Parte disclosures were offered. 6. Motion by Board Member , seconded by Board Member to approve Special Exception Petition No. 24-001-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 conditions: Applicant shall submit a site plan which provides: S/ oX cation, dimensions, area and property line setbacks for areas used for 1 sales/display V�' • location and dimensions of employee/customer parking spaces y internal vehicle access aisle dimensions Fv_of ___b_ - (..JANn kiK h 0-)No mom Ad 106{- p t f.Ssa-6,-EL-440-,A Chairperson Hoover ✓ , Vice Chairperson McCoy /, Board Members Baughman , Berlin , Brass , Jonassaint , Shaw Motion Carried/Denied. CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT VI. CITY ADMINISTRATOR UPDATE VII. adjourned the meeting at P.M. K. Trimnal Handwritten Minutes, January 18. 2024, Page 4 of 4