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2024-08-15 Handwritten Minutes CITY OF OKEECHOBEE, FLORIDA AUGUST 15, 2024, BOARD OF ADJUSTMENT MEETING HANDWRITTEN MINUTES BY PATTY BURNETTE CALL TO ORDER Chairperson Dawn Hoover, called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, August 15, 2024, at /o:Oc 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 PRRSENT 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 t✓ - Board Member Mac Jonassaint V Board Member Jim Shaw ✓ Alternate Board Member Jon Folbrecht Alternate Board Member Dora Roberts 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 AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were 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 , Jonassaint , Shaw Motion Carried/Denied. tk.)ev�'� C. Chairperson Hoover asked whether there were any comment cards submitted for items not on the agenda. There were NI/L _ IV. MINUTES A. Motion by Board Member ` �� , seconded by Board Member to dispense with the reading and approve the July 18, 2024, Board of Adjustment Regular Meeting minutes. Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman / Berlin , Brass • , Jonassaint , Shaw Motion Carried/Denied. V. hOO‘k I OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT A. Special Exception Petition No. 24-004-SE requests to allow outdoor sales and storage, building trades contractor, in a Heavy Commercial (CHV) Zoning District, (Ref Sec. 90-283(5)), located at 1005 SW Park Street. The proposed use is for a Well Service business, outdoor storage of equipment and trenchers, including overnight parking. 1. Notary Public Patty Burnette administered an oath to: 544.1 — VlovvVS P. Burnette Handwritten Minutes, August 15, 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 to allow Outdoor Storage in the Heavy Commercial District. The subject property is located on a 1 .542± acre parcel, located at 1005 SW Park Street. The parcel is bounded on all four sides by public right-of-way, including SR-70, SW Park Street, SW 10th Avenue, and SW 11th Avenue. The site previously held an operation for Southeast Milk which engaged in outdoor storage for many years. The staff is not aware that any special exception was ever granted for that operation. The property was sold to the applicant in 2023, who operates a well service and plans to store equipment and materials on site. No site improvements are proposed currently. The site would provide landscape buffering and/or some type of screening in nod )a.M fl3 conformance with current code. However, the site meets the definition of an existing Del C nonconforming structure, and no expansions/improvements are proposed, and the awl p existing nonconformities will not be increased. Nearly the entire site is paved, though , 5e. there are pervious areas where additional landscaping could be provided fronting SR- nQFs`pee ri 70 and SW 11th Avenue, as well as an isolated pervious area in the Southeast corner of the site. Staff are not aware of any existing hazards, problems or nuisances caused by outdoor storage at the site. The site has existing service connections and no increase in intensity is proposed, which would cause an increased demand for services. The Applicant is not proposing any changes to access points and is not likely to generate significantly more vehicle trips than the previous operator of the site. Planning Staff's responses to the Applicant's presentation on consistency with LDR 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 Okeechobee Comprehensive Plan does not contain any policies which prohibit the requested use; the use is authorized as a special exception use in the CHV district, as stated in LDR Section 90-283(5); the property has operated with outdoor storage previously and it is not expected that re-establishment of the use will create any new disturbance or adverse effects on the public interest; the site provides convenient access to SR-70 for the service vehicles and is consistent with historical use of the property; the use should not adversely affect property values in this area of the City which contains existing Heavy Commercial uses; the Board may consider whether additional buffering/screening is an appropriate condition to place on the approval of this special exception request to ensure compatibility; no direct effect on density patterns or demand for public-school facilities is expected; and the Applicant is not proposing to use the property in a substantially different manner than the previous owner and no improvements to the site are proposed currently. Staff are not aware of any public safety issues caused by outdoor storage at this site. P. Burnette Handwritten Minutes, August 15, 2024, Page 2 of 4 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED Based on the materials and statements provided by the Applicant and the foregoing analysis, the Planner recommends Approval of this special exception request to re- establish outdoor storage at the subject property. oov,r- do( n.t prbpf-hy r-t-Qct k-e- io ott5 h 049 1tv C0 C�cv� vt�h2s� O � 1 o is Sold f nee -10 ckaAress n firth — SiQ rna,t( 06+ rnB+ I c , s1nq I� � iue � Scat✓ Inc clidt res db 46 nut-1- occ c lcS, (�02 s l utd seadivk9 bSs eft qt), ((i-.) CU al-{� �Cts�n ion r�-�o ,M s (01 norms of 9 -,nu-e- Q e pounded a42 GCAo y 1 P o Pyro✓a/ nOAfitqopefi oard pan IA)/ a ,t &WI-7°k -fa/ 601UL is n6-t l int {rye n�r►�bin,-rvv rreti h es ? �` 0104 Ch ine ic Pelt Ste- 1 a,rtdW c0,3 (41e0;33 \iefi4 11111/t. Pc1/ t,� t o cok-3 ✓Ulq + c ov e suftacts mitAct Act I a„ soap rut area culA 041 c00- swatl 1u-313 ( 6) -314- 4 ( feg t,cl�%}• 6 we yk ii) ,eilen h ca,1 y-m can �D ? sfaf� rep* ✓aSs . r1 0 OMom, 1�0 l0 P 3) P. Burnette Handwritten Minutes, August 15. 2024, Page 3 of 4 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 3. Mr. Frank DeCarlo, Property Owner, DeCarlo Property Management, Inc. was ; not present and available for questions. There were j),td not ( -ter -- • No 'rlU:r rpreeJ0 111?.S U ere Mae - as Iced if Po were ✓1o! 4o yes spo t� -� 3 4. No public comments were offered. 5. No Ex-Parte disclosures were offered. 6. Motion by Board Member Orl ei , seconded by Board Member t approve Special Exception Petition No. 24-004-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: Oordd lots ; Se✓perlrl riftir rl Qssaig Cud SeOpletj 65 well Atte tier 14- feltc - ra = Om 441 GLct a moie C or1 dch6i s - no Chairperson Hoover /, Vice Chairperson McCoy fib, Board Members Baughman I- , Berlin V , Brass ND , Jonassaint • , Shaw . Motion Carried/Denied. Qj1v0.0, 47,,of CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT VI. CITY ADMINISTRATOR UPDATE , -1giett) 1.01.[ ke e I�tCIE ri c ' 1 «ac is VII. ► `"� adjourned he meeting at P.M. d of KpL �- Q,v tee�.ce.ci � pk- P. Burnette Handwritten Minutes. August 15. 2024. Page 4 of 4 CITY OF OKEECHOBEE, FLORIDA AUGUST 15, 2024, BOARD OF ADJUSTMENT MEETING HANDWRITTEN MINUTES BY KELI TRIMNAL CALL TO ORDER Chairperson Dawn Hoover, called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, August 15, 2024, at ' CC 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. u Board Member Karyne Brass Board Member Mac Jonassaint V Board Member Jim Shaw f Alternate Board Member Jon Folbrecht \1 6( r Alternate Board Member Dora Roberts �Iv VIA ZOOM City Attorney A City Administrator Gary Ritter City Planning Consultant Ben Smith Board Secretary Patty Burnette General Services Secretary Keli Trimnal III. AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were IA ()N P, B. Motion by Board Member _ c41t,,n , seconded by Board Member r(l(h to approve the agenda as presented. Chairperson Hoover , Vice Chairperson McCoy , Board Menpbers ctv Baughman , , Berlin , Brass Jonassaint , Shaw X Motion Carried/Denied. C. Chairperson Hoover asked whether there were any comment cards submitted for items not on the agenda. There were L) N L- IV. MINUTES A. Motion by Board Member 1101 C , seconded by Board Member to dispense with the reading and approve the July 18, 2024, Board of Adjustment Regular Meeting minutes. Chairperson Hoover , Vice Chairperson McCoy , Board Members �� Baughman , Berlin , Brass , Jonassaint , Shaw \t Motion Carried/Denied. V. OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT ft .' .- . A. Special Exception Petition No. 24-004-SE requests to allow outdoor sales and storage. building trades contractor. in a Heavy Commercial (CHV) Zoning District. (Ref Sec. 90-283(5)), located at 1005 SW Park Street. The proposed use is for a Well Service business, outdoor storage of equipment and trenchers, including overnight parking. 1. Notary Public Patty Burnette administered an oath to: K. Trimnal Handwritten Minutes, August 15, 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 to allow Outdoor Storage in the Heavy Commercial District. The subject property is located on a 1.542± acre parcel, located at 1005 SW Park Street. The parcel is bounded on all four sides by public right-of-way, including SR-70, SW Park Street, SW 10th Avenue, and SW 11th Avenue. The site previously held an operation for Southeast Milk which engaged in outdoor storage for many years. The staff is not aware that any special exception was ever granted for that operation. The property was sold Wto the applicant in 2023, who operates a well service and plans to store equipment and materials on site. No site improvements are proposed currently. # - \t The site would provide landscape buffering and/or some type of screening in conformance with current code. However, the site meets the definition of an existing nonconforming structure, and no expansions/improvements are proposed, and the existing nonconformities will not be increased. Nearly the entire site is paved, though there are pervious areas where additional landscaping could be provided fronting SR- 70 and SW 11th Avenue, as well as an isolated pervious area in the Southeast corner of the site. Staff are not aware of any existing hazards, problems or nuisances caused by outdoor storage at the site. The site has existing service connections and no increase in intensity is proposed, which would cause an increased demand for services. The Applicant is not proposing any changes to access points and is not likely to generate significantly more vehicle trips than the previous operator of the site. Planning Staff's responses to the Applicant's presentation on consistency with LDR 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 Okeechobee Comprehensive Plan does not contain any policies which prohibit the requested use; the use is authorized as a special exception use in the CHV district, as stated in LDR Section 90-283(5); the property has operated with outdoor storage previously and it is not expected that re-establishment of the use will create any new disturbance or adverse effects on the public interest; the site provides convenient access to SR-70 for the service vehicles and is consistent with historical use of the property; the use should not adversely affect property values in this area of the City which contains existing Heavy Commercial uses; the Board may consider whether additional buffering/screening is an appropriate condition to place on the approval of this special exception request to ensure compatibility; no direct effect on density patterns or demand for public-school facilities is expected; and the Applicant is not proposing to use the property in a substantially different manner than the previous owner and no improvements to the site are proposed currently. Staff are not aware of any public safety issues caused by outdoor storage at this site. K. Trimnal Handwritten Minutes. August 15, 2024, Page 2 of 4 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED Based on the materials and statements provided by the Applicant and the foregoing fr analysis, the Planner recommends Approval of this special exception request to re- establish outdoor storage at the subject property. l_Gt - S tLei j L 4-0 CbnOire_fx\i-neD NT)0 -c_D4vre,1115 — _ (RuCtk L04- _ f&, 0,1)0( 2 U► a J• OD , 3S (p) Sold 4-`sG v4v, hkn Y tmAw P(1-th"3 1Loc i1-U. Q� tea CD1- virem-Ict. — fh 'b d►u ` iS 1� Y 1 S \ S '�Y �-� & &c.c Pt-Wh n ' ) C-Cnd 14-i' - -- • OW_ 4k ebnetdc TOoX--(1‘D a, *ON- cctmmS ra,u16. VT- , \ t a,, , (l\-t i - bQS.tCl Q`l P {i vus ) Drar 1�& ottA,01,_ lA.4) butAky_. _ 61.70,07, 4, 631 Skp Fitts O_ddrh 3 6 .3-7 3(B) J aiti l4l lt-c -ok , tElt, .540.,e4,1 f) L htit 'Jb- 3-13 ? K. Trimnal Handwritten Minutes, August 15, 2024, Page 3 of 4 • 1KaA3n #1° °1"r) i n5re•.‘sR.9.re4s '4)1 `/D - aP151d9 an ESr r S'S'" 1ya4- V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 3. Mr. Frank DeCarlo, Property Owner, DeCarlo Property Management, Inc. was/was not ,A present and available for questions. There were 4.142 pos,,,, r - 3I s ,�J��uo ) 3igirs 4 Ob 4.#0t("Al4"' 4. No public comments were offered. 5. No Ex-Parte disclosures were offered. 6. Motion by Board Member , seconded by Board Member to approve Special Exception Petition No. 24-004-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 conditioLLns: c� fie. ��4 6 I ��� a. i-til LettotstAPP^ -30- 3Q-Lu/A-1 Je,t 9Li-D A. S f, Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman , Berlin , Brass ' • , Jonassaint \/ , Shaw . Motion Carried/Denied. DCLITT CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT VI. CITY ADMINISTRATOR UPDATE 1- 7 13/111 r ,,, 1r)Li 412 (iii_a_a- - - ettiii`-/5 a--1-7 i-k-or - 1---/ ref, C_AiKkiklia. , VII. adjourned the meeting at l , Doi P.M. (1'1 ,CLilf)r--) , \ 4_ rparr) , c7L.,4 O.-, ,..Ckiv 10t-- ,SKItAt- c:4- 4444 t .74,14) 4Y CAN't K. Trimnal Handwritten Minutes, August 15, 2024, Page 4 of 4