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Tuesday, October 27, 2026 · Government meeting record

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Agenda textPlanning Board

Agenda

OKEECHOBEE COUNTY

PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS

PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS REGULAR MEETING

~ AGENDA ~

Meeting Location:

Health Department Building

1700 NW 9 Avenue, Suite A

Okeechobee, FL 34972

863-763-5548

www.okeechobeecountyfl.gov

Tuesday, October 27, 2026

6:00 PM

Roll Call

Minutes/Administration

I.

Public Comment

II.

Approval of Minutes

1.

Approval of Minutes from the September 22, 2026 Regular Meeting.

Dennis Murphy

Recommend that the Planning Board/Board of Adjustments and Appeals review and approve the minutes from the September 22, 2026 regular meeting.

III.

Public Hearings

1.

Public Hearing, Petition S-2609-0075, Special Exception. Request for a Special Exception to allow a sales lot for new and used motor vehicles in a Heavy Commercial (C-2) zoning district. The property owner and applicant is New Land FL, LLC. The property address is 4340 US Highway 441 N.

Dennis Murphy

Recommend that the Board of Adjustments and Appeals conduct a public hearing and accept input from interested parties; and approve a Final Administrative Order granting a special exception to allow a sales lot for new and used motor vehicles in a Heavy Commercial (C-2) zoning district at 4340 US Highway 441 N, subject to conditions as specified.

IV.

Old Business

V.

New Business

VI.

Other Business

Adjournment

Planning Board/Board of Adjustments and Appeals

Agenda packet textPlanning Board — Packet

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OKEECHOBEE COUNTY PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS REGULAR MEETING ~ AGENDA ~ Meeting Location: Health Department Building 1700 NW 9 Avenue, Suite A Okeechobee, FL 34972 863-763-5548 www.okeechobeecountyfl.gov Tuesday, October 27, 2026 6:00 PM I. Public Comment II. Approval of Minutes 1. Approval of Minutes from the September 22, 2026 Regular Meeting. Dennis Murphy III. Public Hearings 1. Public Hearing, Petition S-2609-0075, Special Exception. Request for a Special Exception to allow a sales lot for new and used motor vehicles in a Heavy Commercial (C-2) zoning district. The property owner and applicant is New Land FL, LLC. The property address is 4340 US Highway 441 N. Dennis Murphy IV. Old Business V. New Business VI. Other Business Roll Call Minutes/Administration Recommend that the Planning Board/Board of Adjustments and Appeals review and approve the minutes from the September 22, 2026 regular meeting. Recommend that the Board of Adjustments and Appeals conduct a public hearing and accept input from interested parties; and approve a Final Administrative Order granting a special exception to allow a sales lot for new and used motor vehicles in a Heavy Commercial (C-2) zoning district at 4340 US Highway 441 N, subject to conditions as specified. Adjournment Planning Board/Board of Adjustments and Appeals 1

Okeechobee County Planning Board/Board of Adjustments and Appeals 1700 NW 9th Avenue, Suite A, Okeechobee, FL 34972 Submitted ACTION ITEM (ID# 2026-1355-OKC) Department:Planning and Development Category:Minutes Prepared By: Jenna Durham Presenter: Dennis Murphy FINANCIAL IMPACT: RECOMMENDED ACTION: BACKGROUND: SUBJECT: Approval of Minutes from the September 22, 2026 Regular Meeting. MEETING: Planning Board/Board of Adjustments and Appeals Regular Meeting October 27, 2026 N/A Recommend that the Planning Board/Board of Adjustments and Appeals review and approve the minutes from the September 22, 2026 regular meeting. Minutes from the September 22, 2026 regular meeting are attached for review and consideration by the Planning Board/Board of Adjustments and Appeals. ATTACHMENT: Minutes, Planning Board, 2026-09, September 22, 2026 2

Planning Board / Board of Adjustments and Appeals Regular Meeting September 22, 2026 Minutes The Okeechobee County Planning Board/Board of Adjustments and Appeals met in regular session on Tuesday, September 22, 2026 at 6:00 p.m. in the Okeechobee County Health Department Auditorium, 1728 NW 9th Avenue, Okeechobee, Florida. Board members present were Joey Hoover, Charles Murphy, Tyler Pugh, Melinda Wherrell, Cristy Howard and Carol Sikorski. Lynn Murray, and alternate Winston Ward were absent. Also in attendance were County Attorney Kate Watson, Interim Planning Director Dennis Murphy, Planner Karlyn Daniel-Wirthmiller, Planner Gauge Chandler, and Administrative Assistant Jenna Durham. Dennis Murphy introduced himself and provided a brief overview of his professional background. Chairman Joey Hoover called the meeting to order at 6:00 p.m. and the Pledge of Allegiance was recited. Agenda Item # 1. Public Comment. There were no comments from the public. Tyler Pugh moved to close the public comment. Christy Howard seconded the motion. The motion passed unanimously. Agenda Item # 2. Approval of Minutes. Christy Howard moved to approve the July 28, 2026 minutes as submitted. Tyler Pugh seconded the motion. The motion passed unanimously. County Attorney Kate Watson gave a disclaimer for testifying on quasi-judicial items and swore in those who wished to speak on said items. Agenda Item #3. Public Hearing, Petition R-2607-0063, Change in Zoning. Request for a change in zoning from Residential Single Family (RSF) to Light Industrial (I-1). The property owner and applicant is Be A Man Buy Land, LLC. The property address is 3308 US Highway 98 N. Dennis Murphy presented the petition and described the surrounding area. He stated that this is a small area rezoning for a parcel of land off of US Highway 98 N. He stated that it is actually a 1 Okeechobee County Planning Board/Board of Adjustments and Appeals Regular Meeting Minutes, September 22, 2026 3

continuation of a rezone that took place about a year prior to Light Industrial (I-1), and that the applicant is the same party. He stated that they are seeking to get a developable tract of sufficient size to move forward with a mini storage type of operation. He stated that staff has reviewed the application for consistency with the comprehensive plan and land development regulations, and determined that it satisfies the requirements for consideration of rezoning. He stated that staff recommends that the Planning Board recommend approval of the requested change in zoning from Residential Single Family (RSF) to Light Industrial (I-1). Chairman Joey Hoover opened the public hearing. Zack Gazza, addressed the Board on behalf of the applicant to answer any questions that the Board may have. Christy Howard moved to close the public hearing. Carol Sikorski seconded the motion. The motion passed unanimously. Tyler Pugh moved to recommend that the Board of County Commissioners grant Petition R-2607-0063, request for a change in zoning from the existing classification of Residential Single Family (RSF) to Light Industrial (I-1). Carol seconded the motion. The motion passed unanimously. Chairman Joey Hoover stated that a public hearing to consider the request for the change in zoning will be held before the Board of County Commissioners on Thursday, October 8, 2026 at 9:00 am in the Judge William L. Hendry Courtroom, Room 270, Historic Okeechobee County Courthouse, 304 NW 2nd Street, Okeechobee, Florida. Agenda Item #4. Public Hearing, Petition R-2607-0066, Change in Zoning. Request for a change in zoning from Agriculture (A) to Residential Single Family (RSF). The property owner is Wolff Farms, LLC. The applicant is Lennar. The property address is 1590 SW 28th Street. Dennis Murphy presented the petition and described the surrounding area. He stated that the subject property lies south of the City limits of Okeechobee and west of US Highway 441. He stated that this petition is part of an overall application that is being submitted to the county to develop and construct 199 single family homes. He stated that this rezoning is the first step for the development plan to proceed forward. He stated that the application was submitted for a preliminary application review, but has not yet been submitted for technical review. He encouraged the Board to voice any elements of concern or issues that they would like addressed once the application is submitted for technical review. He stated that staff has reviewed the application for consistency with the comprehensive plan and land development regulations, and determined that it satisfies the requirements for consideration of rezoning. He stated that staff recommends that the Planning Board recommend approval of the requested change in zoning from Agriculture (A) to Residential Single Family (RSF). There was discussion between the Board and Mr. Murphy regarding lot sizing, density, wetlands on the property, and turn lane requirements. 2 Okeechobee County Planning Board/Board of Adjustments and Appeals Regular Meeting Minutes, September 22, 2026 4

Chairman Joey Hoover opened the public hearing. Jennifer Busbin, Group 41, addressed the Board on behalf of the applicant. She presented the concept plan to the board and clarified some information discussed earlier between the Board and Mr. Murphy. Larry Davis, nearby property owner, addressed the Board. He stated concerns of increased flooding. Blaine Bergitresse, KMA Engineering, addressed the Board to explain the proposed drainage plan. Gregory Pettibon, Lennar Homes, addressed the Board. He stated that SFWMD looks at historic water flows and that those flows have to be incorporated into the drainage plan. Charles Murphy moved to close the public hearing. Christy Howard seconded the motion. The motion passed unanimously. Tyler Pugh moved to recommend that the Board of County Commissioners grant Petition R-2607-0066, request for a change in zoning from the existing classification of Agriculture (A) to Residential Single Family (RSF). Carol Sikorski seconded the motion. The motion passed by a vote of 5 to 1 with Tyler Pugh, Carol Sikorski, Christy Howard, Melinda Wherrell, and Joey Hoover voting for the motion, and Charles Murphy voting against the motion. Chairman Joey Hoover stated that a public hearing to consider the request for the change in zoning will be held before the Board of County Commissioners on Thursday, October 8, 2026 at 9:00 am in the Judge William L. Hendry Courtroom, Room 270, Historic Okeechobee County Courthouse, 304 NW 2nd Street, Okeechobee, Florida. Agenda Item #5. Public Hearing, Petition R-2607-0064, Change in Zoning. Request for a change in zoning from Agriculture (A) to Commercial-Recreational Vehicle (C-RV). The property owners are William Payne and Elizabeth Payne Simonson. The applicant is DB Fortune Investments, LLC. The property address is 8355 US Highway 441 SE. Dennis Murphy presented the petition and described the surrounding area. He stated that the subject property is located around a quarter-mile northeast of county road 15A. He stated that there are 2 parcels of land with the C-RV zoning to the northwest of the subject property. He stated that staff has met with the applicant regarding preliminary proposals for the property and is currently undergoing some further assessments and evaluations. He stated that staff has reviewed the application for consistency with the comprehensive plan and land development regulations, and determined that it satisfies the requirements for consideration of rezoning. He stated that staff recommends that the Planning Board recommend approval of the requested change in zoning from Agriculture (A) to Commercial-Recreational Vehicle (C-RV). Chairman Joey Hoover opened the public hearing. 3 Okeechobee County Planning Board/Board of Adjustments and Appeals Regular Meeting Minutes, September 22, 2026 5

Barry Schwarzberg and David Deka addressed the Board on behalf of the applicant to answer any questions the Board may have. Charles Murphy moved to close the public hearing. Christy Howard seconded the motion. The motion passed unanimously. There was brief discussion among the board regarding traffic concerns. Dennis Murphy stated that the concerns would be forwarded to Engineering to consider during review. Tyler Pugh moved to recommend that the Board of County Commissioners grant Petition R-2607-0064, request for a change in zoning from the existing classification of Agriculture (A) to Commercial-Recreational Vehicle (C-RV). Chrisy Howard seconded the motion. The motion passed unanimously. Chairman Joey Hoover stated that a public hearing to consider the request for the change in zoning will be held before the Board of County Commissioners on Thursday, October 8, 2026 at 9:00 am in the Judge William L. Hendry Courtroom, Room 270, Historic Okeechobee County Courthouse, 304 NW 2nd Street, Okeechobee, Florida. There being no additional business, the meeting was adjourned at 6:41 p.m. _______________________________________ ______________________________ Joey Hoover, Chairman Date of Approval _______________________________________ ______________________________ Jenna Durham, Secretary to the Board Date 4 Okeechobee County Planning Board/Board of Adjustments and Appeals Regular Meeting Minutes, September 22, 2026 6

Okeechobee County Planning Board/Board of Adjustments and Appeals 1700 NW 9th Avenue, Suite A, Okeechobee, FL 34972 Submitted ACTION ITEM (ID# 2026-1354-OKC) Department:Planning and Development Category:Public Hearing Prepared By: Dennis Murphy Presenter: Dennis Murphy FINANCIAL IMPACT: RECOMMENDED ACTION: BACKGROUND: SUBJECT: Public Hearing, Petition S-2609-0075, Special Exception. Request for a Special Exception to allow a sales lot for new and used motor vehicles in a Heavy Commercial (C-2) zoning district. The property owner and applicant is New Land FL, LLC. The property address is 4340 US Highway 441 N. MEETING: Planning Board/Board of Adjustments and Appeals Regular Meeting October 27, 2026 N/A Recommend that the Board of Adjustments and Appeals conduct a public hearing and accept input from interested parties; and approve a Final Administrative Order granting a special exception to allow a sales lot for new and used motor vehicles in a Heavy Commercial (C-2) zoning district at 4340 US Highway 441 N, subject to conditions as specified. Public Hearing, Petition S-2609-0075, Special Exception. Request for a Special Exception to allow a sales lot for new and used motor vehicles in a Heavy Commercial (C-2) zoning district. The property owner and applicant is New Land FL, LLC. The property address is 4340 US Highway 441 N. ATTACHMENT: S-2609-0075, Staff Report.pdf S-2609-0075, Final Administrative Order.pdf S-2609-0075, Applicant Submittal.pdf S-2609-0075, Map Series.pdf S-2609-0075, Concept Plan.pdf 7

1 Staff Report and Recommendation Okeechobee County Board of Adjustments and Appeals Public Hearing, Petition S-2609-0075 -- Special Exception. October 27, 2026 Okeechobee County Board of Adjustments and Appeals October 27, 2026 Staff Report and Recommendation Public Hearing, Petition S-2609-0075 -- Special Exception. Staff Report and Recommendation Summary Description: Applicant: New Land Fl, LLC Request: Special Exception authorizing the development of a sales Lot for new & used motor vehicles. Site will include an onsite office and warehouse building, as required by County Codes. Location: 4340 Hwy 441 North, Okeechobee, Florida, 34972 (site is approximately ½ mile north of NW/NE 39th street Property area: Approximately 2.8 acres (gross) Approximately 1.8 acres (net usable) . Current FLU: CCMU (Commercial Corridor Mixed Use) Current Zoning: C-2 (Heavy Commercial) Requested Zoning: N/A. Proposed Use: Sales lot for new & used motor vehicles The subject property is located at 4340 Hwy 441 North, Okeechobee, and is approximately 2.8 acres in gross lot area. However, the actual development use area is limited to the westerly 1.8 acres (approximate) due to the presence of an existing conservation easement along the eastern 1/4 of the property. This easement was created as part of the recording of the Amber Acres subdivision (PB 7, Page 90) in 2006. The petitioned property is currently vacant. To the south is the Okeechobee Missionary Baptist Church. To the immediate north is Rinseworks Inc, a specialty plumbing fixture supplier. Remaining properties surrounding the petition site are vacant and undeveloped. 8

2 Staff Report and Recommendation Okeechobee County Board of Adjustments and Appeals Public Hearing, Petition S-2609-0075 -- Special Exception. October 27, 2026 FUTURE LAND USE classifications along this part of the 441 corridor are Commercial (Commercial Corridor Mixed Use), with the easterly 160 feet (approximate) of the petition property being classified as URMU (Urban Residential Mixed Use). Properties east of the petition site are classified as URMU (Urban Residential Mixed Use). Current ZONING classifications in the area are a mix of C-2 (Heavy Commercial); C (Commercial); RSF (Residential Single Family) RG (Residential General) and A (Agriculture). The applicant is requesting a special exception to allow for a business that will deal with the sale new & used motor vehicles. Businesses of this type do require that the County conduct a formal special exception review along with a parallel site plan review process being conducted at the administrative level. The applicant has submitted a petition for Site Plan review and on October 6 th, the Okeechobee County Technical Review Committee completed its initial review of the application. At that time the application was deemed incomplete, and comments have been provided to the portioner. Once these comments are addressed, and notwithstanding any inputs from this Board, we will be able to complete the site plan review process. The question that is being presented to the Planning Commission at this time, is, do you feel that the requested Special Expectation Use is suitable for this this proposed location, and that do you have any special limiting conditions that need to be included with the requested Special Exception Authorization Orders addressing either the general business operation or physical layout of the particular use. CONSISTENCY WITH COMPREHENSIVE PLAN The current Future Land Use designation is Commercial (Commercial Corridor Mixed Use), and as identified in the Land Use Consistency Matrix, Section 11.02.01 of the land development regulations, there is no need for any amendment to the Plan for land use consistency purposes. CONSISTENCY WITH LAND DEVELOPMENT REGULATIONS A Special Exception is a use that would, generally not be considered appropriate in a particular zoning district without supplemental restrictions being placed upon it. Those restrictions would be those in addressing the specific use presented provide for, or promote the health, safety, welfare, order, comfort, convenience, appearance, prosperity, or the general welfare of 9

3 Staff Report and Recommendation Okeechobee County Board of Adjustments and Appeals Public Hearing, Petition S-2609-0075 -- Special Exception. October 27, 2026 the County and its residents. Section 11.04.02(I), provides the list of Special Exceptions that could be granted through the Special Exception process for properties in the C-2 zoning district. The petitioner is seeking approval from this Board that would allow for the development and operation of a “Sales lots for new or used motor vehicles, recreational vehicles, travel trailers, motor homes, park trailers, mobile homes, boats or trailers. (Section 11.04.02(I)(9))” It should be noted that the second part of this paragraph provides that the “If repair activities are conducted in connection with such sales lots, item 8 (Section 11.04.02(I)(9)), above shall apply.” According to Section 11.04.03 of the County Code of Ordinances, in reaching its conclusion and in making the findings required in this Part, the Board of Adjustments and Appeals shall consider and weigh, among others, the following factors and standards where applicable. Further, the Board shall find in the case of any of these factors and standards, where they may be relevant and applicable, that the purposes and requirements for granting the special exception have been met by the applicant. Standards for Granting Exceptions (Ordinance 92-20, Section 11.04.03) A. INGRESS AND EGRESS TO THE PROPERTY AND THE PROPOSED STRUCTURES THEREOF, IF ANY, INCLUDING SUCH CONSIDERATIONS AS AUTOMOTIVE AND PEDESTRIAN SAFETY AND CONVENIENCE, TRAFFIC FLOW AND CONTROL, AND ACCESS IN CASE OF FIRE OR CATASTROPHE; APPLICANT RESPONSE: The parcel is currently vacant and does not have a constructed driveway. A direct driveway connection to U.S. Highway 441 North is proposed and will be designed and permitted in coordination with FDOT and Okeechobee County, as applicable. The site will provide sale access and internal circulation for customers, employees, vehicle deliveries, and emergency vehicles. Inventory display, loading, and internal maintenance activities will remain on-site and will not impede traffic on any public way. Any traffic analysis required by the reviewing agencies Will be provided during Site-plan review. The lot Will not have a significant impact Of or more on the current traffic now conditions for the adjoining or nearby road segments. COUNTY STAFF RESPONSE: One of the items discussed during the October 6 th site plan review meeting on the proposed plan of development was that the petitioner schedule, and have completed the required pre- 10

4 Staff Report and Recommendation Okeechobee County Board of Adjustments and Appeals Public Hearing, Petition S-2609-0075 -- Special Exception. October 27, 2026 application meeting with the Florida Department of Transportation before final action on the site plan was completed. To date, we are not aware that this meeting has been scheduled. B. OFF-STREET PARKING AND LOADING AREAS WHERE REQUIRED, INCLUDING CONSIDERATION OF RELEVANT FACTORS IN (A) PRECEDING, AND THE ECONOMIC, NOISE, GLARE, OR ODOR EFFECTS OF THE LOCATIONS OF SUCH OFF-STREET PARKING AND LOADING AREAS ON ADJACENT AND NEARBY PROPERTIES AND LOADING AREAS ON ADJACENT AND NEARBY PROPERTIES AND PROPERTIES GENERALLY IN THE DISTRICT; APPLICANT RESPONSE: The site plan will provide code-compliant customer and employee parking, designated areas for display and storage of sale inventory, and an on-site area for vehicle loading and unloading. These areas will be separate from the three enclosed bays and arranged to maintain clear drive aisles and emergency access. No public street, sidewalk, parking area, or right-of-way will be used for business-related vehicle storage or parking. Limited internal maintenance will inside the building, minimizing noise, glare. and odor effects on nearby properties. COUNTY STAFF RESPONSE: One of the items discussed during the October 6 th site plan review meeting on the proposed plan of development was that the petitioner review the current concept plan as it presently does not comply with Okeechobee County Parking Standards. Should the Board of Adjustment Appeals deem the concepts of the requested use acceptable, it is recommended that a direct statement be included in any approval orders that notes the obligation of the petitioner to satisfy all applicable county design codes before any site plan approvals can be considered C. REFUSE AND SERVICE AREAS, INCLUDING CONSIDERATION OF RELEVANT FACTORS IN (A) AND (B) PRECEDING; APPLICANT RESPONSE: A screened refuse and service area will be provided in a location accessible to collection and service vehicles without interfering with customer or emergency circulation. COUNTY STAFF RESPONSE: These areas are currently not shown on the submitted concept plans, and is in part one of the reasons the submitted site plan application was deemed incomplete. Should the Board of Adjustment Appeals deem the concepts of the requested use acceptable, it is recommended 11

5 Staff Report and Recommendation Okeechobee County Board of Adjustments and Appeals Public Hearing, Petition S-2609-0075 -- Special Exception. October 27, 2026 that a direct statement be included in any approval orders that notes the obligation of the petitioner to satisfy all applicable county design codes before any site plan approvals can be considered. D. UTILITIES, INCLUDING SUCH CONSIDERATIONS AS HOOK-IN LOCATIONS AND AVAILABILITY AND COMPATIBILITY OF UTILITIES FOR THE PROPOSED USE; APPLICANT RESPONSE: The lot is vacant and is not currently served by utilities. Electric distribution lines run along U.S. Highway 441 North, and electric service is available to the parcel. Water, wastewater, drainage, fire protection, and other utility needs for the office/warehouse and bays will be designed and permitted during site development. Nearby properties have electric, sewer and water service. COUNTY STAFF RESPONSE: As noted by the petitioner, these areas are currently not shown on the submitted concept plans, and is in part one of the reasons the submitted site plan application was deemed incomplete. Should the Board of Adjustment Appeals deem the concepts of the requested use acceptable, it is recommended that a direct statement be included in any approval orders that notes the obligation of the petitioner to satisfy all applicable county design codes before any site plan approvals can be considered. E. SCREENING AND BUFFERING, INCLUDING CONSIDERATIONS OF SUCH RELEVANT FACTORS AS TYPE, DIMENSIONS, AND CHARACTER TO PRESERVE AND IMPROVE COMPATIBILITY AND HARMONY OF USE AND STRUCTURE BETWEEN THE PROPOSED SPECIAL EXCEPTION AND THE USE

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