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 JUNE 18, 2015 PAGE 1 OF 7 I. CALL TO ORDER - Chairperson. Regular Meeting, June 18, 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 agenda. IV. MINUTES - Secretary. A. Motion to dispense wi e reading and approve e Summary of Planning Board/Board of Adjustment and Appeals Action for e May 21, 2015, regular meeting. V. OPEN PUBLIC HEARING (QUASI-JUDICIAL) - Chairperson. Chairperson Hoover called e June 18, 2015, regular meeting to order at 6:02 p.m. Board Secretary Burnette called e roll: Absent (wi consent) Absent (wi consent) (moved to voting position) (moved to voting position) Chairperson Hoover asked wheer ere were any requests for e addition, deferral or widrawal of items on today s agenda. There being none e agenda stands as published. Member Brass moved to dispense wi e reading and approve e Summary of Board Action for e regular meeting of May 21, 2015; seconded by Member Keefe. There was no discussion on is item. VOTE JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA O BRIEN - YEA MOTION CARRIED. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING (QUASI-JUDICIAL) AT 6:03 P.M.

2 JUNE 18, PLANNING BOARD - PAGE 2 OF 7 V. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. A. Petition No SE, to allow an outdoor vehicle sales lot wiin an Industrial Zoning District (Ref. Sec (9)) for property located at 1000 NW 9 Street, containing approximately 1.08 acres. The proposed use is for a used car sales lot (Exhibit 1). 1. Administer of Oa (anyone intending to offer testimony on Petition No SE will be required to take an oa, respond, and give your full name and address). 2. Hear from Planning Staff. Special Exception Petition No SE, requesting to allow an outdoor vehicle sales lot wiin an Industrial (IND) Zoning District (Ref. Sec (9)) for property located at 1000 NW 9 Street, containing approximately 1.08 acres. 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 intending to offer testimony, all responded affirmatively, and stated eir names and addresses for e record: Bill Brisson, Senior Planner, LaRue Planning and Management,1375 Jackson Street, Suite 206, Fort Myers, Florida, and Mr. Alejandro Estremera of 9685 Noreast 16 Street, Okeechobee, Florida. Chairperson Hoover yielded e floor to Planner Brisson, who explained e property has previously been used for storage and has buildings for warehouse and office uses. The proposed car sales lot will be opened from 10:00 a.m. to 6:00 p.m. Monday rough Friday and for cleaning cars on Saturday from 10:00 a.m. to 3:00 p.m. The applicant has stated at e proposed business will be mostly conducted by appointment wi about half e sales to be wholesale to oer dealers and auto auctions. Planning Staff s recommendation for approval is based on two sets of criteria. One being e site s consistency wi e current Land Development Regulations (LDR s), and e oer, findings required to consider a Special Exception. Planning Staff s responses to e applicant s presentation on consistency wi e LDR s are, e location and site are appropriate for an outdoor vehicle sales lot, e property is located wiin an area designated on bo e Future Land Use Map and e Zoning Map for industrial uses. No specific design efforts are needed, no special visual screening is necessary for e norern, souern, or western boundaries, as all ese surrounding properties are designated and/or used for industrial uses. As long as any vehicles stored along e eastern boundary are not large, construction type vehicles or unsightly, no special visual screening will be necessary ere eier. There should be no potential hazards associated wi e proposed use, it would seem apparent at utilities are available and specifics will be addressed during e site plan review stage. The site has an existing unpaved wide driveway on Norwest 9 Street, given e size of e property, and e limited amount of traffic expected, should be capable of handling bo on-site and off-site traffic. Planning Staff s responses to e applicant s presentation on e required findings are, e proposed use is not contrary to e Comprehensive Plan. Outdoor vehicle sales lot is specifically listed as a Special Exception use in IND Zoning. The proposed use will not have an adverse effect on e public interest, is appropriate for e proposed location, compatible wi adjacent uses, and not detrimental to urbanizing land use patterns. The used car sales lot should not adversely

3 JUNE 18, PLANNING BOARD - PAGE 3 OF 7 V. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. A. 2. Hear from Planning Staff for Petition No SE continued. affect property values or living conditions, nor be a deterrent to e development of adjacent property as ey are eier development or vacant industrial properties. There should be no potential hazards or nuisance associated wi e outdoor display of vehicles and 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, and utility services. The proposed use is not expected to significantly increase traffic congestion, traffic safety will not be compromised, flooding and drainage problems are not expected and ese issues will be specifically addressed during e site plan review. In addition, e following special requirements must be met and will be addressed during e site plan review: Vehicle display areas may be grass or oer surface but must be maintained in a sightly and dust free condition, e grass display areas are permitted only to e extent at ey are identified on an approved site plan and such areas are in addition to e minimum 15 percent of e site at is required to be pervious, vehicles on display must be located at least ree feet from any sidewalk or property line, and artificial lighting used to illuminate e premises must be directed away from adjacent properties and streets, shining only on e subject property. 3. Hear from e Property Owner or Designee/Agent - Alejandro and Janet Estremera. 4. Public comments or questions from ose in attendance, or submitted to e Board Secretary. 5. Disclosure of Ex-Parte Communications by e Board. 6. a) Consideration of a motion to approve or deny e petition wi/wiout special conditions. Mr. Estremera was present to respond to questions. Member O Brien inquired as to wheer ere would be any gasoline or old batteries stored on site and Member Brass inquired about detergent runoff from washing e vehicles and noise at would be generated from e business. Mr. Estremera stated at ere would not be hazardous materials used and ere will be no loud machinery. Basically cars will be detailed and washed, run off has never been a problem in e past as he has never had a high number of cars at one time. He will not be on e lot all day as he plans to conduct business by appointment only, and ere will be no noise after closing. Attorney Cook added ere is a enclosed bay where repairs could be done in a separate building. Chairperson Hoover asked wheer ere were any comments or questions from ose in attendance. There were none. 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 Brass made a motion to approve Petition No SE as submitted by Alejandro and Janet Estremera, to allow an outdoor vehicle sales lot wiin an IND Zoning District (Ref. Sec (9)) for property located at 1000 Norwest 9 Street, Lots 1 to 3 and 18 to 20, Block 9, Norwest Addition, containing approximately 1.08 acres, for e proposed use of a used car sales lot wi e following special requirements at must be met and at will be addressed during e site plan review: vehicle display areas may be grass or oer surface but must be maintained in a sightly and dust free condition, e grass display areas are permitted only to e extent at ey are

4 JUNE 18, PLANNING BOARD - PAGE 4 OF 7 V. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. A. 6. a) Consideration of a motion to approve or deny Petition no SE wi/wiout special conditions. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING (QUASI-JUDICIAL) - Chairperson. VI. UNFINISHED BUSINESS. A. Discuss potential Historic Preservation Regulations wi Planning Staff (Exhibit 2). identified on an approved site plan and such areas are in addition to e minimum 15 percent of e site at is required to be pervious, vehicles on display must be located at least ree feet from any sidewalk or property line, artificial lighting used to illuminate e premises must be directed away from adjacent properties and streets, shining only on e subject property, in addition, at e Technical Review Committee (TRC) consider stipulations outlining storage of hazardous materials, chemicals and batteries, mechanical activities are to be conducted only indoor, and any rules regulated by e Department of Environmental Protection such as e disposal of waste oil and filters, be complied wi so as to not cause any contamination, seconded by Board Member Baughman. Chairperson Hoover asked wheer ere was any furer discussion. There was none. VOTE JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA O BRIEN - YEA MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:19 P.M. Mr. Brisson explained his memorandum dated May 12, 2015 in at previously, a copy of a Historic Preservation Ordinance for e City of Sebring was given to e Board Members to use as an example for em to provide comments. Each of e Boards comments were compiled and inserted into e Ordinance immediately following e section ey were addressing togeer wi Mr. Brisson s comments. He advised e Board at he was ere to furer compile eir suggestions in order to present a text amendment to e City Council. He was of e understanding at e Council was interested in knowing wheer e Planning Board would recommend implementing historic preservation regulations. Chairperson Hoover expressed concern wi saddling a private property owner wi more restrictions and regulations. Member Baughman expressed his concern wi government having more regulations, at it would discourage grow and not represent a positive statement. Member Brass agreed e City should start somewhere, but not to e extent of e tremendous hardship at e Sebring regulations offer. The constraints applied to some property owners would be hard as ey may not be able to afford to restore e structure. Participation should be on a voluntary basis. The City needs to start protecting some of e historic assets or ey will all be gone. More questions need to be asked and parameters and guidelines need to be established. Members Keefe and O Brien suggested ere were commercial buildings at should be listed as historical and believed regulations would be good for e community s tourism. Member McCoy expressed concern wi where e funding would come from and what advantage e regulations would bring.

5 JUNE 18, PLANNING BOARD - PAGE 5 OF 7 VI. UNFINISHED BUSINESS CONTINUED. A. Discuss potential Historic Preservation Regulations wi Planning Staff continued. He said ere are already guidelines in e City s Code for properties located in e Central Business District at helped protect and preserve historical buildings. Member Jonassaint offered a citizen board should be established wi a group of citizens at could analyze properties to see what could be done to preserve em. A letter was ed to e Board Secretary from Member McCreary, which expressed his opposition to moving e proposed historic preservation regulations forward to e City Council. After much discussion, e following motion was made. Board Member Keefe made a motion to recommend e City Council create a historical preservation commission charged wi identifying criteria and locating areas to be considered historical and to provide a vehicle for preservation on a voluntary basis, seconded by Board Member Jonassaint. Chairperson Hoover asked wheer ere was any furer discussion. Board Member Brass made a motion to amend e motion on e floor by changing e word areas to properties, seconded by Board Member Baughman. VOTE ON MOTION TO AMEND JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA O BRIEN - YEA MOTION TO AMEND CARRIED. VOTEON MOTION AS AMENDED HOOVER - YEA MCCOY - NO BATTON - ABSENT BAUGHMAN - NO BRASS - YEA JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA O BRIEN - YEA MOTION CARRIED AS AMENDED. VII. NEW BUSINESS. A. Clarification on prior approval for Special Exception Petition No SE to allow wholesale, warehouse not including bulk storage of flammable liquids, and No SE to allow mechanical and repair services (Exhibit 3). Chairperson Hoover yielded e floor to City Planning Consultant Brisson, who explained his memorandum dated June 15, Previously is Board approved Special Exceptions No SE to allow wholesale, warehouse not including bulk storage of flammable liquids, and No SE to allow mechanical and repair services. The business intended to warehouse tires and operate a retail and wholesale tire sales business in combination wi general auto repair. The applicant had indicated all of e above activities were to be conducted wiin e buildings. The applicant and owner of e business now requests to construct a tire cage to store used tires outside of e buildings. Outdoor storage

6 JUNE 18, PLANNING BOARD - PAGE 6 OF 7 VII. NEW BUSINESS CONTINUED. A. Clarification on prior approval for Special Exception Petition No SE to allow wholesale, warehouse not including bulk storage of flammable liquids, and No SE to allow mechanical and repair services continued. requires a special exception approval. The prior application at was submitted did not give e impression at e tires would be stored outside, ough one would recognize at it is common practice for a business at sells and installs tires to temporarily store e old tires outside until ey are picked up for disposal. Administrator Whitehall determined e appropriate approach to make sure an additional special exception approval for outdoor storage was not needed was to bring e matter before e Board for clarification. After a brief discussion among e Board, e consensus was ey envisioned ere would be outdoor storage of e used tires. Attorney Cook ask e Board to keep in mind ere is anoer location in e City Limits at stores used tires from eir business outdoors. At times ere are quite a few tires piled up on e lot and e appearance is unsightly. A suggestion was made to cover e chain link fencing material wi slats so as to block e view from e surrounding areas. Board Member Baughman made a motion to clarify at e previous Board action approving Special Exception No SE to allow wholesale, warehouse not including bulk storage of flammable liquids, and No SE to allow mechanical and repair services, granted to e applicant, Mr. Aaron Feng, for e business located at 1127 SW Park Street, Lots 9 and 10, West 100 feet of Lot 11, Block 3, Souwest Addition, to permit activites typically found at tire sales business, specifically permitting outdoor storage of used tires. The structure for e outdoor storage must be enclosed, or if a chain link enclosure, covered wi plastic slats so as to be not visible to e public; seconded by Board Member McCoy. Chairperson Hoover asked wheer ere was any furer discussion. There was none. VOTE JONASSAINT -YEA MCCREARY - ABSENT KEEFE - YEA O BRIEN - YEA MOTION CARRIED.

7 JUNE 18, PLANNING BOARD - PAGE 7 OF 7 VIII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED at if any person desires to appeal any decision made by e Planning Board/Board of Adjustment and Appeals wi respect to any matter considered at is proceeding, such interested person will need a record of e proceedings, and for such purpose may need to ensure a verbatim record of e proceedings is made, which record includes e testimony and evidence upon which e appeal is to be based. General Services media are for e sole purpose of backup for official records. There being no furer items on e agenda, Chairperson Hoover adjourned e meeting at 7:14 p.m. ATTEST: Dawn T. Hoover, Chairperson Patty M. Burnette, Secretary