2009-07-161
I. CALL TO ORDER Chairperson.
Planning Board /Board or Adjustment and Appeals, July 16, 2009 6:00 p.m.
II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE Secretary.
Chairperson Devin Maxwell
Vice Chairperson Dawn Hoover
Board Member Terry Burroughs
Board Member Kenneth Keller
Board Member Osiel Luviano
Board Member Douglas McCoy
Board Member Malissa Morgan
Alternate Member Karyne Brass
Alternate Member Phil Baughman
Attorney John R. Cook
Senior Planning Consultant Bill Brisson
Board Secretary Betty J. Clement
III. MINUTES Secretary.
A. Motion to dispense with the reading and approve the Summary of Board
Action for the May 21, 2009 regular meeting.
I IV. AGENDA Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's
agenda.
CITY OF OKEECHOBEE
PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS JULY 16, 2009
SUMMARY OF BOARD ACTION
Chairperson Maxwell called the July 16, 2009 meeting to order at 6:00 p.m.
Board Secretary Clement called the roll:
Present
Present
Present
Present
Present
Present
Absent (with consent)
Present (moved to voting position)
Present
Absent
Present
Present
Member Burroughs motioned to dispense with the reading and approve the Summary of Board Action for the May 21, 2009
Regular Meeting; seconded by Member McCoy.
MAXWELL YEA
MCCOY YEA
HOOVER YEA
LUVIANO YEA
VOTE
No additions, deferrals or withdrawals of items on today's agenda.
BRASS YEA
MOTION CARRIED.
KELLER- YEA
PAGE 1 OF 3
303
304
V. CONSIDER PETITIONS AND APPLICATIONS.
A. Petition No. 09 -001 SC submitted by Ted Kelchner on behalf of property
owners Keith and Genia Arbogast to close SW 15 Street from SW 3'
Avenue to dead -end Senior Planner.
1. Hear from Planning Staff.
2. Hear from the Property Owner or designee /agent.
3. Open Public Hearing for public comment Chair.
4. Close Public Hearing Chair.
Chair Maxwell opened the Public Hearing, there were no comments.
Chair Maxwell closed the Public Hearing.
JULY 16, 2009 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS PAGE 2 OF 3
Mr. Brisson started by explaining to the Board the new procedure for street/alley closings. The street is unimproved and is
in it's natural state. The vacation of the street would increase the lot size by about a quarter to 13,600 square feet. Primary
reason for the request for vacation, the applicant wishes to put a driveway on the vacated property for easy access to the
rear of the property. There are certain criteria that are to be looked at in vacating a street/alley. The request must be
consistent with the Comprehensive Plan, which this petition is consistent, the other is not to interfere with sole access to any
other property, all surrounding properties have access via other public roadways. The primary consideration, which the Staff
has issue with is vacation is supposed to have public interest. Staff is unable to find any public interest in this vacation. It
is essentially for the expansion and improvement of an individual property owner requesting the vacation. Typically because
the road is not being used, and is not intended to be used, is one reason for consideration to vacate. The lands that are used
for stub -end streets, frequently are viewed as having some public purpose in their natural state or as they are to provide relief
of urban environment such as pavement and parking, trees and other natural features, basically open space. The other
potential purpose, brought out by the City Engineer, frequently Cities look to the future concerning drainage, and that the
unused lands can used to accommodate drainage, either from new development or changes in patterns. The land where
it could not be used as a street, could have other value to the public. Staff does not find any true public purpose in the
requested vacation, other than taking on a tax basis. Therefore we are recommending denial for recommendation to City
Council for vacation.
Mr. Ted Kelchner representing the applicants addressed the Board. He distributed a letter from Ella R. Whaley, 1416 SW
3 Avenue, adjoining property owner expressing wishes to vacate. Mr. Kelchner informed the Board both property owners
would share the vacated street property. Mr. Kelchner also stated the applicant has been maintaining the property, and that
Ms. Whaley had started the process to vacate and was unable to finish. He also explained upon questioning by the Board
the FPL comment of the pole and guy wire, stating neither was located on the property. The easement is actually on SW
3 Avenue. Board also questioned the feasibility of selling the property. Mr. Brisson explained this was not allowed.
i
V. CONSIDER PETITIONS AND APPLICATIONS.
A. Petition No. 09 -001SC continued.
5. Board Discussion.
6. Consider motion and vote.
VI. NEW BUSINESS CONTINUED.
A. Consider any additional requests for amendments to the City's Land
Development Regulations Chairperson.
V. ADJOURNMENT Chairperson.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any
decision made by the Planning Board /Board of Adjustment and Appeals with respect to
any matter considered at this proceeding, such interested person will need a record of
the proceedings, and for such purpose may need to ensure a verbatim record of the
proceedings 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 of the Department.
ATTEST:
Betty J. Clem
ecretary
Devin Maxwell, Chairperson
Comment from FPL was discussed. Board felt FPL should certify not being an issue for vacation of this property. Also
discussed the TRC comments. Board Member Hoover stated the City does not have a master drainage plan.
Member Burroughs moved to recommend approval to City Council for Petition No. 09 -001 SC to close SW 15 Street from
SW 3` Avenue to dead -end; seconded by Member McCoy.
VOTE
MAXWELL YEA HOOVER YEA BRASS NAY
MCCOY YEA LUVIANO YEA MOTION CARRIED.
No consideration.
305
JULY 16, 2009 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS PAGE 3 OF 3
There being no further items, Chair Maxwell adjourned the meeting at 6:28 p.m.
KELLER- YEA
INDEPENDENT
NEWSPAPERS MIMEII
OKEECHOBEE NF1N5
107 SM. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763 -3134
STA l "E OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally
appeared Judy Kasten, who on oath says she is
Advertising Director of the Okeechobee News, a three
times a week Newspaper published at Okeechobee, in
Okeechobee County, Florida t t the attacl d copy of
advertisement being a
in the matter of
in the 19th Judicial District •f the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
71(0 lo
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
ek
Judy Kasten
Sworn to and subscribed before me this
iP ay of 0(.)° AD
Notary Public, State of Florida at Large
ai d (i 1 y �U 1
NOTARY PUBLIC -STATE OF FLORIDA
Angie Bruges
'1117
Commission #DD779718
Expires: APR. 20, 2012
DED THRU ATLANTIC BONAINO CO., INC.
BOARD OF ADJUSTMENT AND APPEALS MEETST
N a n d p HEREBY GIVEN that the Plann Agency on Thum,
July 16, Appeals at 6 00 P m or the Soon thereafter as possible to consider
p a Flan, which include the Lad Staff or &kens, to the Development Regulations
LDR =s). The meeting will be held at City Hall, 55 Southeast 3rd Avenue,
in the Council Chambers, Room 200, Okeechobee, Florida. The publkJs in-
vited and encouraged to attend.
that no stenographic record W
PLEASE TAKE NOTICE will AND be made of the he fo ny meeting. Accord
a I an court reporter ay to appeal any decision involving the mat-
ers, any p erson ble for making a verbatim record of the
test noticed testimony and herein evidence at respond upon which any appeal is to be
based t ed ewcon at said meeting 863_763 -33 or website
based. please contact Betty of the aqenda
c r �wlth the Americans sin l copy Act (ADA of 1990 per
son accordance with the accommodation with Disabilities to in this proceeding
sons needing special General a ic eatwn Pa pa
should contact General ServncesOfBce at 863 763 -3372 for assistance.
326824 n 7/10/09 a Zoning Administrator
Board /Board o
CITY OF OKEECHOBEE
PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS
HAND WRITTEN MINUTES
JULY 16, 2009
b
I. CALL TO ORDER- Chairperson:
July 16, 2009, Planning Board /Board of Adjustment and Appeals Regular Meeting 6:00 p.m.
11. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE Secretary.
MOTION:
Plannin
Chairperson Maxwell
Vice Chairperson Hoover
Board Member Burroughs
Board Member Keller
Board Member McCoy
Board Member Morgan
Board Member Luviano
Alternate Brass
Alternate Baughman
Senior Planner Brisson
Attorney Cook
Secretary Clement
Present Absent
r
Page 1 of7
111. MINUTES Secretary.
A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment
and Appeals Action for the May 21, 2009 regular meeting.
moved to dispense with the reading and approve the Summary of
djustment and Appeals Action for the May 21, 2009 regular meeting; seconded
IV. AGENDA Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's agenda. No E
V. CONSIDER PETITIONS AND APPLICATIONS.
A. Petition No. 09 -001 SC submitted by Ted Kelchner on behalf of property owners Keith
Genia Arbogast.
1. Hear from Planning Staff to vacate SW 15` Street from SW 3 Ave to dead -end.
15-`-4" S-1- AveAo c ad 1h
X,tv c —k LL ,r3c-)avd_
Jct,t,L1 1 fL
JULY 16, 2009- PB /BOA MINUTE GUIDE PAGE 2 OF
1)0.0(.1f i
V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED.
2. Hear from the Property Owner or designee /agent.
JULY 16, 2009- PB /BOA MINUTE GUIDE PAGE 3 OF.7'
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V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED.
3. Open Public Hearing for public comment Chair.
4. Close Public Hearing Chair.
JULY 16, 2009- PB /BOA MINUTE GUIDE PAGE 4 OF-r
5. Board Discussion.
4977 AliAL/Yl ��C
jk-/ 1f"
V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED.
5. Board Discussion continued.
JULY 16, 2009- PB /BOA MINUTE GUIDE PAGE 5 OFX
MAXWELL
x
HOOVER
BURROUGHS
KELLER
2(
MCCOY
MORGAN
X
LUVIANO
BRASS
X
BAUGHMAN
s
I RESULTS r
CARRIED
)DENIED
V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED.
6. Consider motion and vote.
MOTION:
i-L ffd 4 moved t• approve enx /(—C) Petition No. 09 -001 SC to close SW 15 Street from
SW 3rd Avenue to dead -end; seconded C
-j 0
VOTE:
VI. NEW BUSINESS.
YEA
A. Consider any additional requests for amendments to the City's Land Development
Regulations Chairperson.
VII. ADJOURN REGULAR MEETING Chairperson pm
JULY 16, 2009- PB /BOA MINUTE GUIDE PAGE 60E-T
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DEVELOPMENT DATA WITHOUT STREET VACATION
Development Characteristic
Existing
Proposed
Improvements
LDC
Requirement
Lot size (sf)
10,906
Min. 10,000 sf
Building (sf)
1,832
2,992
Building Coverage
16.8%
27.4%
Max. 45%
Driveway (sf)
308
2,002
Impervious surface (bldg. dwy.)
2,140
4,994
Total Impervious
45.8%
Max. 55%
Planning
Management Services, Inc.
Memorandum
To: Planning Board
From: Bill Brisson
Date: July 2, 2009
Subject: Addendum to Staff Report on Petition 09- 001 -AC, Arbogast Street Vacation
During the TRC meeting on June 16 the Applicant was asked why the street vacation was
needed. One of the reasons cited was that the additional land was needed to meet the City's
coverage limitations. At that time, there was insufficient information to confirm this statement
and the Applicant was directed to provide the information necessary to make this determination.
The requested information was provided by the Applicant's representative and is summarized as
follows. The attached graphic shows the existing and proposed improvements. Calculations of
building coverage and building and other impervious surfaces (paving) are calculated on the lot
size prior to any street vacation. The current lot size is 10,906 square feet and the street vacation
will add 2,660 square feet bringing the lot size to 13,566 square feet.
As can be seen in the above table, the size of the lot size is adequate to an expansion of the size
contemplated without violating the City's coverage limitations. It is the design and location of
the proposed additions that result in the Applicant's desire to vacate the street.
We do not presume to offer design alternatives for the property owner, but offer these comments
to the Planning Board so that they may consider whether or not the street vacation is necessary in
conjunction with the need to identify a public benefit. There are probably other alternative
designs that could accommodate a similar sized expansion without the need to vacate the street.
This is not to say, however, that these alternatives would be as desirable from the resident's
perspective, as they would likely result in a longer driveway, may reduce the usable rear yard
area, or require significant rethinking of the overall design.
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