CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT RD

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1 CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT RD CITY HALL, 55 SE 3 AVENUE, ROOM 200, OKEECHOBEE, FLORIDA SUMMARY OF BOARD ACTION FOR OCTOBER 15, 2015 PAGE 1 OF 5 I. CALL TO ORDER - Chairperson. Regular Meeting, October 15, 2015, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member William O Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. - Chairperson. A. Requests for e addition, deferral or widrawal of items on today s agea. IV. MINUTES - Secretary. A. Motion to dispense wi e reading a approve e Summary of Planning Board/Board of Adjustment a Appeals Action for e September 17, 2015, regular meeting. V. OPEN QUASI-JUDICIAL PUBLIC HEARING - Chairperson. Chairperson Hoover called e October 15, 2015, regular meeting to order at 6:03 p.m. Board Secretary Burnette called e roll: Absent (wi consent) (moved to voting position) Absent (wi consent) Absent (wi consent) Chairperson Hoover asked wheer ere were any requests for e addition, deferral or widrawal of items on today s agea. There being none e agea stas as published. Member McCoy moved to dispense wi e reading a approve e Summary of Board Action for e regular meeting of September 17, 2015; secoed by Member Baughman. There was no discussion on is item. VOTE HOOVER - YEA MCCOY - YEA BATTON - ABSENT BAUGHMAN - YEA BRASS - YEA JONASSAINT -YEA MCCREARY - YEA KEEFE - YEA O BRIEN - ABSENT MOTION CARRIED. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:04 P.M.

2 OCTOBER 15, PLANNING BOARD - PAGE 2 OF 5 A. Petition No SE, to allow an outdoor vehicle sales lot wiin a Heavy Commercial Zoning District (Ref. Sec (18)) for Lots 1 to 3 of Block 7, Sou Okeechobee, togeer wi at portion of e Nor to Sou 15-foot wide alleyway located between Lots 1 to 3 a 7 to 9, Plat Book 5, Page 7, Public Records of Okeechobee County, Florida, containing approximately 0.54 acres a located at 1000 Sou Parrott Avenue. The proposed use is for a used car sales lot (Exhibit 1). 1. Administer of Oa (anyone inteing to offer testimony on Petition No SE will be required to take an oa, respo, a give your full name a address). 2. Hear from Planning Staff. Special Exception Petition No SE, requesting to allow an outdoor vehicle sales lot wiin a Heavy Commercial Zoning District (Ref. Sec (18)) for Lots 1 to 3 of Block 7, Sou Okeechobee, togeer wi at portion of e Nor to Sou 15-foot wide alleyway located between Lots 1 to 3 a 7 to 9, Plat Book 5, Page 7, Public Records of Okeechobee County, Florida, containing approximately 0.54 acres a located at 1000 Sou Parrott Avenue. The proposed use is for a used car sales lot. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oa to ose inteing to offer testimony, all respoed affirmatively, a stated eir names a addresses for e record: Bill Brisson, Senior Planner, LaRue Planning a Management,1375 Jackson Street, Suite 206, Fort Myers, Florida, a Mr. Patrick Malone, Mixon Real Estate, PO Box 1776, Okeechobee, Florida. Chairperson Hoover yielded e floor to Planner Brisson, who explained e property has previously been used as an outdoor vehicle sales lot. However, e most recent sales lot began operation after e prior use had been vacant for more an 180 days a a new Special Exception approval should have been received due to non-use. Since is approval was not obtained, e new business must request approval in order to operate an outdoor vehicle sales lot on e property. In addition, he pointed out an error contained in e Staff Report which stated a site plan review was required of is application, a one is not. Planning Staff s recommeation for approval wi stipulations is based on two sets of criteria. One being e site s consistency wi e current La Development Regulations (LDR s), a e oer, fiings required to consider a Special Exception. Planning Staff s responses to e applicant s presentation on consistency wi e LDR s are, e location a site are appropriate for an outdoor vehicle sales lot, e property is located wiin e Heavy Commercial (CHV) Zoning District a located along e Commercial Corridor. No specific design efforts are needed as e property has already been functioning as an outdoor vehicle sales lot, no special visual screening is necessary as e subject property is virtually surroued by CHV Zoning. The property to e west, while zoned CHV, is developed in a single family use capacity a is partially buffered by a few large trees a to e sou a motel originally existed which minimized e need for any special buffering. There should be no potential hazards associated wi e proposed use, e utilities currently serving is property should be adequate. It is unlikely at e traffic generated at is site will exceed at which has historically been experienced by e prior outdoor vehicle sales use a no significant impact on existing roadways is expected.

3 OCTOBER 15, PLANNING BOARD - PAGE 3 OF 5 A. 2. Hear from Planning Staff for Petition No SE continued. 3. Hear from e Property Owner or Designee/Agent - Patrick Malone. 4. Public comments or questions from ose in atteance, or submitted to e Board Secretary. Planning Staff s responses to e applicant s presentation on e required fiings are, e proposed use is not contrary to e Comprehensive Plan. Outdoor vehicle sales lot is specifically listed as a special exception use in e CHV Zoning District. The proposed use will not have an adverse effect on e public interest as long as e ingress a egress provided are safe a convenient, is appropriate for e proposed location, is compatible wi adjacent uses, a is not detrimental to urbanizing la use. The use will not affect property values or living coitions, nor be a deterrent to e development of adjacent property. There should be no potential hazards or nuisance associated wi e outdoor vehicle sales lot a no need for specific screening will be required. The use will not create a density pattern at will overburden public facilities such as streets, schools, a utility services. The proposed use will not create traffic congestion, flooding, or drainage problems. No additional impervious surface is expected a erefore drainage should be unaffected by e use. The traffic generation of e use is not in excess of e levels of traffic normally associated wi oer uses allowed in e CHV District; however, e prior special exception approval stipulated ere could be no ingress/egress on Sou Parrott Avenue a staff recommes is coition be maintained uer e current approval. Mr. Malone was present to respo to questions. There were none. Chairperson Hoover asked wheer ere were any comments or questions from ose in atteance. There were none. However, Board Secretary Burnette received an from a citizen expressing a concern. Chairperson Hoover read e into e record as follows: per our conversation today I am voicing my concern about e unloading of vehicles from car carriers on SW 10 Street. The previous used car dealership would unload on e corner a is was a dangerous situation for e residents arou here trying to go west off of Parrott Avenue a going east if one lane was blocked by a car carrier. I am not opposed to a car lot being ere but ink ey can operate wiout blocking eier lane on SW 10 Street. Thanking you in advance for assistance in is matter, Mr. James Burton. Planner Brisson added at he was not aware e unloading of vehicles was being carried out in is manner, a advised e Board ey could add a stipulation stating is type of activity could not take place on any public right of way. A lengy discussion en ensued between e Board. Member Baughman did not believe e Board should impose a stipulation at e vehicles needed to be unloaded on e property itself. He felt at law enforcement would take care of any issues at arose. Member McCoy iicated at Souwest 2 Avenue was wider a maybe e cars could be unloaded ere. Member Brass concurred wi Member Baughman at ey should not restrict e unloading of vehicles to e lot itself but raer restrict at activity from taking place on Souwest 10 Street. She felt Souwest 2 Street was a better alternative for e unloading process. In addition, she asked wheer e reference in e Agea regarding e Nor to Sou 15 foot wide alleyway located between Lots 1 to 3 a 7 to 9 was e same as e

4 OCTOBER 15, PLANNING BOARD - PAGE 4 OF 5 A. 4. Public comments or questions from ose in atteance, or submitted to e Board Secretary for Petition No SE continued. annotation at iicated a portion of e alley was closed a abaoned? This part of e alley is closed a does belong to is property owner/applicant. Mr. Malone stated e unloading of vehicles on Souwest 2 Avenue would be fine wi e applicant. 5. Disclosure of Ex-Parte Communications by e Board. 6. a) Consideration of a motion to approve or deny e petition wi/wiout special coitions. b) Board discussion. c) Vote on motion. CLOSE QUASI-JUDICIAL PUBLIC HEARING - Chairperson. Chairperson Hoover asked Board Members to disclose for e record wheer ey had spoken to anyone else regarding e petition or visited e site. There were none. Board Member Baughman made a motion to approve Petition No SE as submitted by 1000 Parrott LLC to allow an outdoor vehicle sales lot wiin a CHV Zoning District (Ref. Sec (18)) for Lots 1 to 3 of Block 7, Sou Okeechobee, togeer wi at portion of e Nor to Sou 15-foot wide alleyway located between Lots 1 to 3 a 7 to 9, Plat Book 5, Page 7, Public Records of Okeechobee County, Florida, containing approximately 0.54 acres a located at 1000 Sou Parrott Avenue, for e proposed use of a used car sales lot wi e following stipulations: ingress a egress be restricted solely to Souwest 10 Street wi no ingress or egress allowed from Sou Parrott Avenue a no unloading or loading of vehicles or equipment be permitted on Souwest 10 Street, secoed by Board Member Keefe. Chairperson Hoover asked wheer ere was any furer discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON - ABSENT BAUGHMAN - YEA BRASS - YEA JONASSAINT -YEA MCCREARY - YEA KEEFE - YEA O BRIEN - ABSENT MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:17 P.M. VI. NEW BUSINESS. A. Consider any additional requests for amements to e City s La Development Regulations - Chairperson. Chairperson Hoover asked wheer ere were any additional requests for amements to e City s La Development Regulations. There were none.

5 OCTOBER 15, PLANNING BOARD - PAGE 5 OF 5 VII. ADJOURNMENT - Chairperson. There being no furer items on e agea, Chairperson Hoover adjourned e meeting at 6:17 p.m. PLEASE TAKE NOTICE AND BE ADVISED at if any person desires to appeal any decision made by e Planning Board/Board of Adjustment a Appeals wi respect to any matter considered at is proceeding, such interested person will need a record of e proceedings, a for such purpose may need to ensure a verbatim record of e proceedings is made, which record includes e testimony a evidence upon which e appeal is to be based. General Services media are for e sole purpose of backup for official records. ATTEST: Dawn T. Hoover, Chairperson Patty M. Burnette, Secretary