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09-001-SE
City of bkeecfi e . ~„~atC:. a , „ . . .:pg ~'etitionlVo.04,o©' ~L .I~ General Services Department Fee Paid: t'Op , Ob Jurisdiction: MA 55 S.E. 3' Avenue, Room 101 11 gearing: 2"a gearing: N 1 Ar Okeechobee, Florida 39974-2903 publication Dates. 71,,~ 0~ Phone: (863) 763-3372, ext. 218 Notices Mailed: t 1 Name of property owner(s): to cSLC X7-4 E Z' 2 Owner mailing address: 610 Al. Pig2E2D TT d yErp . Fj 3977 3 Name of applicant(s) if other than owner 4 Applicant mailing address: 4a e-mail address: n,d.12eZ1/3 tV eLJ,[-1-h L11)l" net 5 Name of contact person (state relationship): et-r. An nte-Tson 6 Contact person daytime phone(s) q 7- Property . c . .r+ f ma : , .b.,:_- wA4yh+.., "~3~'! r . ,m.,..:.~'~i•? ...~W address/directions to property: 7 7ol 17E 3AD %Vree-t a~r~~r~o~rz /-7 3V972 Describe current use of property: PierR,4 ,P-4720A1 F- A-)ezv C0A-15TP UC7-7and 8 6~ 6tZ 1,1vi N-6 S 1=ZR 6rfO pPF,5 On/ THE Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. 9 ,-2E7,0 CD/VS7;rUf70 A/ Fd~e COA4MERCIA l 8U16-1-)1nT6'7 10 Approx. acreage: 03 Is property in a platted subdivision? VEls Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: /v Q 11 12 Is a pending sale of the property subject to this application being granted? A_10 Describe uses on adjoining property to the North: C'e K 13 North: 60AtIaERC/A-1 East: 7-Rc_4109 South: /2j9r,anT West: !>A-C4A)T Ln/Y1'~ 14 Existing zoning: 4,4# - / Future Land Use classification 15 Request is for: C--) Rezone Special Exception Variance 16 Parcel Identification Number: 7-/ w ~+l l/OQ dJ~ 7 Applicant's statement of interest in perry Revised 7/08 + Page 1 of 10 application tee: Rezoning $850; Special Exception: $500; variance: $500; all plus $30/acre 18 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges - When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 19 Last recorded warranty deed 20 Notarized letter of consent form property owner (if applicant is different from property owner) WA Three property surveys (one no larger than 11" x 17'1 containing: 21 a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject 22 property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 23 Affidavit attesting to completeness and correctness of the list (attached) 23 Current zoning classification: Requested zoning classification What is the desired permitted use and intended nature of activities and development of the 24 property? Is a Special Exception necessary for your intended use? 25 SEe7-i4 N qD - Z 5 3 26 I Is a Variance necessary for your intended use? Applicant's materials addressing required findings for granting a rezoning (attach). 27 Describe he Special Exception sought: ~ 7 0 Describe EVC 1sc ~5r~48USffilq~N`T 28 f Rim /92/ ( lV- t-~R pg 0 F-1 7- 11V CO" In ERCI Are there similar uses in the area? If so, describe them: 29 fq Z T-CeA 0 0& HERC 1A / If a business , briefly describe the nature of the business, # of employees, hours of operation and an a~t'vities to be conducted outside of-a building:-eO~uu ~l 30 (.kV OF-to 5Y/~5 / S 7?) ~2 0 V1 /~E- / /.A A-2&w c©Af vErr7-7av 18,4Arau&-T H)q t t- ~t'cs a Lo PcxA-noAJ 1A) ~l~ TJ LSSrf3ly A.M . t✓ (mil' Revised 7/08 Page 2 of 10 31 Applicant's materials addressing standards for granting a special exception (attach) 32 Applicant's materials addressing findings required for granting a special exception (attach) Describe the Special Exception sought: 33 I Describe the physical characteristics of the property that make the variance necessary. 34 Did you cause or contribute to the characteristic necessitating the variance? If so, describe: 35 What is the minimum variance necessary? 36 Revised 7/08 Page 3 of 10 STANDARDS FOR GRANTING A SPECIAL EXCEPTION (Sec. 70-373(b), pages CD70:19 & 20 in the LDRs) Applicants are required by Sec. 70-373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts or needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. Revised 7/08 Page 5 of 10 David and Anita Nunez 610 North Parrott Ave Okeechobee, FL 34972 (863) 467-0611 RE: Standards for Granting a Special Exception on 1. Demonstrate that the proposed location and site are appropriate for the use. We are asking for an special exception on the restriction of hours of operation. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. This will be consistent with the Shoppes on the Boardwalk design and a much Improved construction. The west is bordered by a vacant lot, East by the Taylor Creek, North by a commercial building and south by commercial building. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. The creek is on the east side, the north side has natural trees and brush, vacant overgrown property to the west. South will be consistent with the development landscaping. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. The events will take place inside the building thus eliminating any exterior noise. All the properties adjacent are either vacant or will be under development for similar use. 5. Demonstrate how the utilites and other service requirements of the use can be met. The installation of required water sewage and FPL availability. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. The facility will have 2 main exit routes. South of US 70 and West of US 441. Parking will be available on site in conjunctio ith additional development parking. W 6111 1119-L9V 3Nd 1a99B-L9v-ie9B :3WFId ~0'l BL15~ ll°Jd'9AVF{30'N 113A]l~ 1332119 ~21Vd H12X711 'M 909 :SNOISIA36 [31t NV Z dl i w s a 1 two 'OAS' 5OM 3104 03tlY43tld ~ S-120-0 oar ~ tl0r ~.y Hil (31.60'86 3a9.or.gm S fd1.9►'of (3)AL`5'9 3.Zy.0Y.gpq 3.iE,Y1.►pl =x/17 0 L4 1 '9d ~Y9 -A4 ld ~D g- LL W y~ d 8 0 (d).I619I3.89diAm 1 I I - (d) 49; 3.6d.EO.OS (i).I►'o9113.992;.= ~'!f Ln I~ f I O L.iE ~.L'S1 I ~ ~ (!d/,~~ltM I I o I a ~ .L~fE >,zro ( ~ N I I I J I ~ ~ ~I I ~ 1 N I I m 1~ o ~ I I I;F I~ I ~ I~ ~ V + x I ~ I I I~ a i I 1 ril Q I3: ~ I ~ I ~ ~ ~ , J o I I c, O I ~ 1 I O I 1 I ~ 3713701932! 1 ~ 'A19^ I ~ i I I A. E'ti► I I$ ~ f I ~ I ~ ~ I .5 roE I I~ r- I J (d)A9i 3.6Z.EO.0S ; (i).2E'09i 30.{14M E~ I _ - - O - - 3- -L ~ ld'3)I'~'0\ (d "31A0'05 1 (d).912 3AZ.EOAS MIUSIZ MOAT= 1 I NN AL PPP I [ d ] 133x19 3]J~0~10 I "1-13.p I 1"IVF4Av ar~+~ 1uL *8 U I I I I I I I I I I I I I I , r.l I I I I I I I ~1 I ( I I I I I ~I 2 Hlili HIM 1Pii spa° y _ I °~m aape _a~ g tu 1-1 I~$ g4mg ail 10 Oil NJ W19 §,doaeFe-5. i I ~t ~ .a .d i 3E H*N;w Ego I d a! u 0/8,001 _ $ 2°1 Dili tiIS - I d] ;TLMV H1103233J 8 6Oig X33 ~ > tio SRI MAV H1.9 "S U dally 16 g@ J 59 r "ills Se 39;9:0 9111"" soRI /5 31Y0 im 1/3LELL 3MAU •.1 :3'1M B ` m -NE77ef or.. Y tf, Okeechobee County Property Appraiser - Map Printed on 12/10/2008 9:38:51 AM Page 1 of 1 Okeechobee County Property Appraiser o W C "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 ARCEL: 3-15-37-366-0010-01160-0070 - SINGLE FAM (000100) CITY OF OKEECHOBEE LOTS 7 TO 12 INC BLOCK 116 ame: SUAREZ JERRY W LandVal $110,160.00 te: 701 NE 3RD ST, OKEECHOBEE BldgVal $67,859.00 ail: 3679 NW 6TH AVENUE ApprVal $178,384.00 OKEECHOBEE, FL 34972 JustVal $178,384.00 ales 7/18/2008 $0.001 / U Assd $178,384.00 fo 7/17/2008 $0.001 / U Exmpt $0.00 5/9/2008 $180,000.001 / Q Taxable $178,384.00 se 160 24111 ft F P r This information, CAMA Updated: 11/21/2008, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.comIGISIPrint Map.asp?pjboiibchhjbnligcafcefocnfkfdfefdbbl... 12/10/2008 Roma to: D & A hopmtMe (M=@4 Ioo. 610 Nm&PWm t Avaee Obowbober, FI 34972 57 PG O CLERK OF CIRC . FL llu I.w.mw<pten.ea fy; RE4UMED 07/17/4003 01:01947 PM Jerry W. so~eez AM 10.00 NW 96 Avee're RECORDING FEES 10.00 DEED Doc 0.70 349M RECORDED B1YY 6 ft4m wn Pmoai 1@ -35-0010-01I6D007~0 A A. 29-0721313 N' L'' SPACEABOVBTHISLTNBFOIt=Ii., w,jk..AGIMT, This i Claire Deed, Executed this/r day of July, 2008, By Jerry W. Suarez, ff'party to D i A Properties, (Nunez), Inc., whose post office address is trth Parrott Ave, Okeechobee, El 31972, the second party. (Whenever us erein the terms "first party" and "second party"' include all the partie~ o this instrument and the heirs, legal representatives and assigns of ividuals and successors and assigns of corporations wherever the cont st so admits or requires.) Witneaeeth, t the first party, for and in consideration of the sum of $20.00 (Ten Do $ra) in hand paid by the second party, the receipt whereof is hereby a lodged, does hereby remise, release, and quit claim unto the secon rty forever, all the rights, interest, claim and demand which the said ' t party has in and to the following described lot, piece or parcel o , situated, lying and being in the County of Okeechobee, State of F1 , to wit: Lob 7 to 12, kwka w, of 8hx* 1 . Aowming to Ow plat VWW molded in pid book 2, paps 17, pubic necolds of pope ns ,n do d Okeeo)tobae county, Fbftc and acid plat behp - arm dsd in pint book 5. papa ncoida of Okeechobee County, Florida. To Have and to Hold The together with all and singular the appurtenances thereunto belon'" or in anywise appertaining, and all the estate, right, title, interest; en, equity and claim whatsoever of the said first party, either in 1 equity to the only proper use, benefit and behoof of the said second forever. In Witness Whereof, the said first party has signed and sealed these presents the day and year first above written. :red in the presence 0 t L 49fraor 8lptraWnr AM W. Sursz PrM M Name _TM NW r Avis P0at OM=Addmw Okeschobes. Fl 34972 r Van" Book" (r b Qo•Orsnbr, Marry) 00-0rantor 8lgnahm pt arty) Pra Name Primed Nems Von" $WOO" (ere ID coo~. M MV) Pat 0fte AddMae pla Name STATE OF FLOMMMA COUNTY OF OKi=ECMOMM i h mby Cady *d on Uds day, babes are„ sn eaoer daly ave mend Is eefbe and a" VP d I. fintsirnr a tae b be 1M IPeeson in wid wiw on- haalfurnsatf, who bebn nta Utat MalSlt MMY eaaseslad Ste anM, and an Oaf wsa Wafer. (Cheek+ orm - Pensorfh~ is sn pnasondyr known b tM. IISW ps uw*) pnavided Me toMowkp 4" of idenVfts m: NOVARY WAL Mlbnsss my bsnd and ud ls p~, sad - - - - a.wr wr • aw «rw:w. wcwr.rsasrwnw4 C~wiMM~ me 4tllq (080"amondaw" :r,an BookW/Pagelg0 CFN#2008008376 Page 1 of 1 12-10-2008 10:39 NUNEZ 8634670610 Property Appraiser's Office Information Request Form for the City of Okeechobee 7 Property Owner Name: k-kw ,V/ Parcel Identification Number: J _ --57 - -3 06 Contact Person Name://Y] ,2 6 ~~efYt _ Contact Person Phone Number: V<<' 7 Llli'' Requested items needed by: Project Type: (Circle One) Rezoning Itc ms Needed: Location Map 100' surrounding property from the outermost portion of subject property Surrounding Property Owners 300' from the outermost portion of subject property Variance item Needed: Location Map 100' surrounding property from outermost portion of subject property Surrounding Property Owners 300' from the outermost portion of subject property _Special Exception. Items Needed: Location Map 100' surrounding property from the outermost portion of subject property Surrounding Property Owners 300' from the outermost portion of subject property PAGE1 Future Land Use Map Amendment )tams Needed: Location Map 100' surrounding property from the outermost portion of subject property Information is provided by the Okeechobee Property Appraisers Office. You may hand deliver this request form or fax it to the following attention: Walt Taylor Okeechobee County Property Appraisers Office 307 NW S'° Avenue Phone: (863) 7634422 Fax: (863) 7634745 Revised 7/08 Page 9 of 10 ',4 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Siff Report-$pec~al Ex Requ~ Pfd for: City of Okeechobee Applicwr Jerry W. Suarez Petition No.: 09-001-SE 1 Staff Report Applicant's Name: Jerry Suarez Special Exception Request Petition No. 09-009-SE Contact Person Kim Anderson Owner Address: 610 N. Parrott Avenue Okeechobee, FL 34972 Contact Phone: 867-467-0611 Le al Description of Property LOTS 7 THROUGH 12, INCLUSIVE, OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN OFFICIAL RECORDS (O.R.) BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116 AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL3, TO THE CENTERLINE OF N.E. 3RD STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT OF BEGINNING. Page -2- Staff Report Applicant's Name: Jerry Suarez Special Exception Request Petition No. 09-001-SE The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the CLT Zoning District for a convention/ banquet hall at 701 NE 3rd Street. The subject property has a Future Land Use Map designation of Commercial and the City Council previously approved rezoning to CLT. The Applicant briefly lists the proposed use as a convention/banquet hall. However, previous discussions with Ms. Nunez who, it is our understanding, is actually developing the property indicates the proposed use is for a multi-functional building for social, religious, political, holiday, sports and other special events. The proposed use is considered "commercial indoor recreation" and is allowed as a Special Exception under Sec. 90-253(6) in the CLT zoning district. It is further our understanding that the structure housing the proposed use will be a single-story structure and may be in use until as late as 2:00 AM, but that all activities will be conducted wholly within the building. Page -3- Staff Report Special Exception Request Applicant's Name: Jerry Suarez Petition No. 09-001-SE Development ~Consistency with Land Regulations: Section 70-373 (b) requires that the Applicant address, during his/her presentation to the Board of Adjustment, the following standards for granting a Special Exception. The Applicant has submitted brief statements addressing these standards and the Applicant's responses are provided below for your consideration. (1) Demonstrate that the proposed location and site are appropriate for the use. 'We are asking for a special exception on the restriction of hours of operation." (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "This will be consistent with the Shoppes on the Boardwalk design and a much improved construction. The west is bordered by a vacant lot, East by the Taylor Creek, North by a commercial building and south by a commercial building." (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "The creek is on the east side, the north side has natural trees and brush, vacant overgrown property to the west. South will be consistent with the development landscaping." (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "The events will take place inside the building thus eliminating any exterior noise. All the properties adjacent are either vacant or will be under development for similar use. (5) Demonstrate how the utilities and other service requirements of the use can be met. "The installation of required water sewage and FPL availability." (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "The facility will have 2 main exit routes. South of US 70 and West of US 441. Parking will be available on site in conjunction with additional development parking." Page -4- Staff Report Special Exception Request Applicant's Name: Jerry Suarez Petition No. 09-009-SE When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1) - (8). The required findings and are listed below followed by the Applicant's statements in Times Roman typeface after which are the Staff comments pertaining to these findings: (1) The use is not contrary to the Comprehensive Plan requirements. "The rezoned land was granted on " The property is designated Commercial on the Future Land Use Map; was rezoned to CLT in October of 2008; and the proposed use is not contrary to any provision in the Comprehensive Plan. (2) The use is specifically authorized as a special exception use in the zoning district. "We are asking for a special exception on change of hours use for the property zoned light commercial." Section 90-253 specifically authorizes commercial indoor recreation as a special exception use in the CLT district. (3) The use will not have an adverse effect on the public interest. "The use will not have an adverse effect on the public interest. It is going to improve the community by beautification and bring in the opportunity for growth and stimulate employment." It is not expected that a convention/banquet hall will have an adverse impact upon the public interest in general; but special care may be necessary to ensure that nearby properties are not adversely affected. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "There is consistent land use." As can be seen on the maps and aerial at the end of this report, the subject property is surrounded by properties designated Single-Family on the Future Land Use Map and zoned for residential uses, except for the property associated with the Shoppes on the Boardwalk which is adjacent to the southeastern most corner of the subject property. This property has been approved for a variety of commercial uses. The only other area specifically in commercial use is the Page -s- Staff Report Special Exception Request (5) (6) Applicant's Name: Jerry Suarez Petition No. 09-001-SE Apache Airboats operation, a nonconforming use immediately to the northwest of the subject property. It is because of the primarily residential context of most of the surrounding property that the subject property has been zoned CLT. Consequently, Staff believes that in order to ensure compatibility, any approval of the requested special exception use should include provision to protect adjoining or nearby noncommercial properties. These conditions could include limiting evening and nighttime hours of operation; requiring that all activities be undertaken entirely within a building, prohibiting external amplified music or the use of loudspeakers; requiring the building to be located between parking and Taylor Creek so as to minimize the potential nuisance impacts vehicular lights and noise associated with attendees of functions, mainly when leaving an event in evening or nighttime hours; and possible increased setbacks of the building and parking areas from residentially zoned properties to the north. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The proposed facility will not adversely affect property values or living conditions. This will better the community and all surrounding. Staff believes that with adequate protective measures, such as those described in 4, above, it can be ensured that the proposed use will not adversely affect property values or the living conditions of persons residing or who may reside in the future on nearby residentially zoned properties. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "We will comply with required screening as deemed necessary. Assuming the primary structure is only a single-story building with activities limited to within the building, special screening will likely only be needed to protect adjacent properties from the effects of parking associated with nighttime events. The specifics of buffering, screening or the locations of parking and the building will be addressed by the TRC taking into consideration the concerns that the Board of Adjustment may include in its approval of the special exception. Page -s. Staff Report Applicant's Name: Jerry Suarez Special Exception Request Petition No. 09-001-SE (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "No additional burden on utility services and schools. There will be sufficient traffic flow through the streets. Density is not an issue, and the intensity of the proposed use is not expected to overburden public utility services and will have no impact on school facilities. Ms. Nunez has submitted a preliminary traffic analysis of the entire Shoppes on the Boardwalk development for consideration during the site plan review of the first phase of the project. This analysis included consideration of the banquet hall using traffic generation figures for a church. We do not feel that a church is the most appropriate basis for determining the traffic impact of the proposed convention/banquet hall. However, we believe that before the site plan review is undertaken for any development beyond Phase I of the Shoppes on the Boardwalk project, a revised analysis should be submitted that uses a more appropriate land use category, such as a multi-purpose recreational facility or recreational community center, for determination of the traffic impact of this use. For the purpose of reviewing this request for the special exception, we do not expect that the proposed use, by itself, will cause traffic congestion or overburden the local streets. If during the site plan review, including review of a revised traffic analysis, problems are identified, they can be corrected by requiring traffic improvements or limiting the size of the facility. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "There is enough distance from the main road that there won't be any congestion. The flood areas have been addressed by the city. No evidence that the public would not be safe. As noted in item (7), traffic congestion is not expected specifically as a result of the convention/banquet hall. Given sound drainage and stormwater management one would not expect flooding or drainage problems. These issues will be specifically addressed by the TRC during its review of the project's site plan. Page -7. Staff Report Special Exception Request Applicant's Name: Jerry Suarez Petition No. 09-001-SE Recommendation: Based upon the foregoing analysis and findings, Staff recommends that Petition Number 09-001-SE be Approved with the suggestion that the approval include direction that the TRC consider the Board's concerns relative to the potential for negative impacts upon adjacent and nearby residentially zoned and/or residentially used properties; particularly: 1. limiting evening and nighttime hours of operation; 2. requiring that all activities be undertaken entirely within a building; 3. prohibiting external amplified music or the use of loudspeakers; 4. requiring the building to be located between parking and Taylor Creek so as to minimize the potential nuisance impacts vehicular lights and noise associated with attendees of functions; 5. possible increased setbacks of the building and parking areas from residentially zoned properties to the north; and, 6. a revised traffic analysis should be submitted that uses a more appropriate land use category, such as a multi-purpose recreational facility or recreational community center, for determination of the traffic impact of this use. Submitted by: James G. LaRue, AICP Planning Consultant February 11, 2009 Attachments: Future Land Use Map, Zoning Map, and Property Appraiser's Aerial Photograph 1ST Hearing - Board of Adjustment, February 19, 2009 Page -8. Staff Report Special Exception Request Applicants Name: Jerry Suarez Petition No. 09-Wl-SE FUTURE LAND USE SUAREZ PROPERTY AND ENVIRONS ■ ■ I t I Z NE 3rd St. t Z NE 2nd St. (paper street) 148 -T 1 a I I S.R.7Q "CITY LIMITS C7SUAREZ PROPERTY SINGLE -FAMILY MULTI - FAMILY 0 RESIDENTIAL MIXED USE COMMERCIAL INDUSTRIAL PUBLIC FACILITIES 200 0 200 400 Feet Page -9- Staff Report Special Exception Request Applicant's Name: Jerry Suarez Petition No. 09-001-SE ZONING SUAREZ PROPERTY AND ENVIRONS I, z NE 3~d S~. I I ` Q ail 14 s~ NE 2nd St. (paper street 148 1 NCITY LIMITS C7 SUAREZ PROPERTY 0 H RSF1 RMH RSF2 200 0 RMF ® CPO L_j CLT CBD CHV I ND PUB 0 PUD-R ~l PUD-M 200 400 Feet Page -1o- Staff Report Special Exception Request Applicant's Name: Jerry Suarez Ped on No. 09-001-SE Okeechobee County Property Appraiser's Aerial Page -ii- MH = MOBILE HOME V = VACANT