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2009-09-17I. CALL TO ORDER Chairperson. Planning Board /Board or Adjustment and Appeals, September 17, 2009 6:00 p.m. 11. 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 Altemate Member Karyne Brass Altemate Member Phil Baughman Attomey John R. Cook Senior Planning Consultant Bill Brisson Board Secretary Betty J. Clement 111. MINUTES Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the August 20, 2009 regular meeting. IV. AGENDA Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 17, 2009 SUMMARY OF BOARD ACTION Chair Maxwell called the September 17, 2009 meeting to order at 6:00 p.m. Board Secretary Clement called the roll: Present Present Present Present Present Present Absent 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 August 2C, 2009 Regular Meeting; seconded by Member Hoover. MAXWELL YEA BURROUGHS -YEA HOOVER YEA BRASS YEA VOTE KELLER- YEA MCCOY YEA No additions, deferrals or withdrawals of items on today's agenda. LUVIANO YEA MOTION CARRIED. V. CONSIDER PETITIONS AND APPLICATIONS. A. Petition No. 09- 002 -SC submitted by Lyndon Bonner on behalf of Okeechobee County to close NW 7 Avenue from NW 4 Street to NW 6 Street and to close NW 5 Street from NW 7' Avenue to dead end, City of Okeechobee 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. 5. Board Discussion. 6. Consider motion and vote. Application will be forwarded in ordinance form for a final Public Hearing on November 3, 2009 before City Council. SEPTEMBER 17, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS PAGE 2 OF Petition No. 09- 002 -SC submitted by Lyndon Bonner on behalf of Okeechobee County to close NW 7 Avenue from NW 4"' Street to NW 6 Street and to close NW 5 Street from NW 7 Avenue to dead end, City of Okeechobee. Mr. Brisson stated there are 4 criteria listed in the Code of Ordinances for street closings and the applicant has met each one. Planning Staff recommends approval. Chair Maxwell asked whether any Board member had questions for Mr. Brisson. There were none. Mr. Jim Threewits, Deputy County Administrator for the County of Okeechobee reported to the Board the purpose of the street closings were to build an Emergency Operations Center that will also house the E901 center. The Board questioned Mr. Threewits regarding the comment on the application from Embarq. Mr. Threewits told the Board, the comment was made regarding 4 Street, and 4 Street is not part of the project. Chair Maxwell opened Public Hearing. No Comments. Chair Maxwell closed the Public Hearing. Chair Maxwell stated street closing should be limited, obviously this qualifies. Member Hoover moved to recommend approval to City Council for Petition No. 09- 002 -SC to close NW 7h Avenue from NW 4 Street to NW 6 Street and to close NW 5 Street from NW 7 Avenue to dead end; seconded by Member Burroughs. VOTE MAXWELL YEA HOOVER YEA KELLER- YEA LuVIANO YEA BURROUGHS YEA BRASS YEA McCoY YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on November 3, 2009 before City Council. VI. NEW BUSINESS. ATTEST: A. Consider any additional requests for amendments to the City's Land Development Regulations Chairperson. VII. ADJOURNMENT Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board /Board ofAd'ustment 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. Devin Ma xwell, Chairperson SEPTEMBER 17, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS PAGE 3 No Consideration, however the Board asked Mr. Brisson when the overlay for the Commercial District woul d be Mr. Brisson told the Board at the October regular meeting, the Planning Staff would be presenting water the wa discuss.:: EAR's and any local issues the Board had as well as Banners for their discussion and recommendations. supply stu There being no further items, Chair Maxwell adjourned the meeting at 6:17 p.m. III. MINUTES Secretary. MOTION: CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS HAND WRITTEN MINUTES SEPTEMBER 17, 2009 I. CALL TO ORDER- Chairperson: September 17, 2009. Planning Board /Board of Adiustment and Appeals Reaular Meetina 6:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE Secretary. Present Chairperson Maxwell V Vice Chairperson Hoover Board Member Burroughs Board Member Keller Board Member McCoy Board Member Morgan Board Member Luviano Alternate Brass a/ Alternate Baughman Senior Planner Brisson Attorney Cook Secretary Clement Absent per.c.; V Page 1 of 6 A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the August 20, 2009 regular meeting. moved to dispense with the reading and approve the Summary of Planning Bo rd /Board of justment and Appeals Action for the August 20, 2009 regular meeting; seconded by ,.Smt,Q sv (Jo iug_ SEPTEMBER 17, 2009- PBIBOA MINUTE GUIDE PAGE 2 OF 6 IV. AGENDA Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. CONSIDER PETITIONS AND APPLICATIONS. A. Petition No. 09- 002 -SC submitted by Lyndon Bonner on behalf of Board of County Commissioners Senior Planner 1. Hear from Planning Staff to close NW 7` Ave from NW 4 St to NW 6' St and close NW 5 St from NW 7 Ave to dead -end. t_th&f 4 ceta_firka.A4LCLAS 4 „(L_ rifrit_vvitg..0 SEPTEMBER 17, 2009- PB /BOA MINUTE GUIDE PAGE 3 OF 6 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. 2. Hear from the Property Owner or designee /agent. ..r.. s H,-tu_al 1 .0-0 q 1 CAtia2A- a-- ,ctl s 0 C k E A 64 te-( -1.,,suOtk, (1, Qat0,6 4, .11 q-kks, e 1 14Aee w;to —LA) (gym niA(Alikut) Cqlko A\46Q0 a,'Kfl6 (4-4 l iaQA Je Q (j U bicW' "r Pvoo„,L �f�,V FnM.tA7�x �b 5 to0.ca f01)2( 107 6 "?r)(+ �;y�ln) ltia� CQ-P�ti .c SEPTEMBER 17, 2009- PB /BOA MINUTE GUIDE PAGE 4 OF 6 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. 3. Open Public Hearing for public comment Chair. 4. Close Public Hearing Chair. 9 5. Board Discussion. 002, e c_b 5. Board Discussion continued. 6. Consider motion and vote. moved to recommend t(Q approve/ ny Petition No. 09- 002 -SC to City Cou cil roo sp W 7th Ave from NW 4th St jo NW 6 St a a c ose NW 5 St from NW 7th Ave to dead -end; seconded by- j,J,>..t,,ri-1, SEPTEMBER 17, 2009- PB /BOA MINUTE GUIDE PAGE 5 0 6 VOTE: VI. NEW BUSINESS. (40 r>trsussIDA) MAXWELL HOOVER BURROUGHS KELLER MCCOY MORGAN LUVIANO BRASS BAUGHMAN RESULTS SEPTEMBER 17, 2009- PB/BOA MINUTE GUIDE PAGE 6OF 6 YEA NAY ABSTAIN (1 CARRIED )ENIED A. Consider any additional requests for amendments to the City's Land Development Regulations Chairperson. rb r 'l( i hk bia WOLTSAAAr1L, (Li &Mt/NJ eSil-LS 1 1 1 4rz— P r e;asl 0 (,)1/(9\ 0■44 k 4 -Q-LJ /3-0-0A 09)A A430-enA,o A VII. ADJOURN REGULAR MEETING Chairperson 17 pm CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING SEPTEMBER 17, 2009 OFFICIAL AGENDA I. CALL TO ORDER: Planning Board /Board of Adjustment and Appeals, September 17, 2009 6:00 p.m. Chairperson. II. CHAIRPERSON, BOARD 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 Altemate Karyne Brass Altemate Phil Baughman Attomey John R. Cook Senior Planner Bill Brisson Secretary Betty Clement III. MINUTES Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the August 20, 2009 regular meeting. IV. AGENDA Chairperson. B. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 2 V. CONSIDER PETITIONS AND APPLICATIONS. A. Petition No. 09- 002 -SC submitted by Lyndon Bonner on behalf of Board of County Commissioners. 1. Hear from Planning Staff to close NW 7 Ave. from NW 4 St. to NW 6 St. and NW 5th St. from NW 7th Ave. to dead -end. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment Chair. 4. Close Public Hearing Chair. 5. Board Discussion. 6. Consider motion and vote. VI. NEW BUSINESS A. Consider any additional requests for amendments to the City's Land Development Regulations Chairperson. VII. ADJOURN Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. SEPTEMBER 17, 2009 PBBOA AGENDA PAGE 2 OF 2 AGENDA 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 Altemate Member Karyne Brass Altemate Member Phil Baughman Attorney John R. Cook Senior Planning Consultant Bill Brisson Board Secretary Betty J. Clement CITY OF OKEECHOBEE PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS AUGUST 20, 2009 SUMMARY OF BOARD ACTION ACTION DISCUSSION VOTE I. CALL TO ORDER Chairperson. Planning Board /Board or Adjustment and Appeals, August 20, 2009 6:00 p.m. Chair Maxwell called the August 20, 2009 meeting to order at 6:00 p.m. Board Secretary Clement called the roll: Present Present Present Present Present Absent (with consent) Absent (with consent) Present (moved to voting position) Present (moved to voting position) Present Present Present III. MINUTES Secretary. A. Motion to dispense with the reading and approve the Summary of Board Member Hoover motioned to dispense with the reading and approve the Summary of Board Action for the July 16, 2009 Action for the July 16, 2009 regular meeting. Regular Meeting; seconded by Member Burroughs. MAXWELL YEA HOOVER YEA KELLER- YEA LUVIAN° YEA BURROUGHS YEA BRASS YEA BAUGHMAN YEA MOTION CARRIED. IV. AGENDA Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's No additions, deferrals or withdrawals of items on today's agenda. agenda. PAGE 1 OF 4 AGENDA V. CONSIDER PETITIONS AND APPLICATIONS. 1. Hear from Planning Staff. AUGUST 20, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS PAGE 2 OF 4 ACTION DISCUSSION VOTE A. Petition No. 09 -003 -R submitted by Robert Gent, Vice President on behalf Petition No. 09 -004 -R submitted by property owners Corey Lauren Miller, to rezone 110 SE 4 Street from RSF -1 to CPO of property owners Okeechobee Asphalt Ready Mixed Concrete to rezone NW Corner of NW 8 Avenue and NW 9 Street from RMF to CLT Senior Planner. Mr. Brisson presented to the Board the recommendation of the Planning Staff to change the requested commercial zoning of Light Commercial (CLT) to Commercial Professional Office (CPO). Mr. Brisson went on to explain, the applicant wishes to put in a small business office, which would be a permitted use in CPO zoning district. CPO zoning has the least density of the commercial zoning districts. CPO zoning would be more consistent with the surrounding property. 2. Hear from the Property Owner or designee /agent. No one was present representing the applicant. 3. Open Public Hearing for public comment Chair. Chair Maxwell opened Public Hearing. 4. Close Public Hearing Chair. Chair Maxwell closed the Public Hearing. 5. Board Discussion. Board questioned whether this property was ever used for commercial purposes, due to the FLU designation o f commercial. A board member reported a bar once occupied the lot and burned down. Mr. Brisson explained to the board the options were to recommend to City Council the zoning change or recommend to change the FLU designation. Hearing no further discussion, Chair Maxwell requested a motion. 6. Consider motion and vote. Member Burroughs moved to recommend approval to City Council to rezone Petition No. 09 -003 -R from RMF to CPO for property located at NW Corner of NW 8 Avenue and NW 9 Street, as recommended by Planning Staff; seconded by Member Hoover. VOTE MAXWELL YEA HOOVER YEA KELLER- YEA LUVIANO YEA BURROUGHS YEA BRASS YEA BAUGHMAN YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on September 15, 2009 Application will be forwarded in ordinance form for a final Public Hearing on September 15, 2009 before City Council. before City Council. AGENDA V. CONSIDER PETITIONS AND APPLICATIONS. B. Petition No. 09 -004 -R submitted by property owners Corey Lauren Petition No. 09 -004 -R submitted by property owners Corey Lauren Miller, to rezone 110 SE 4th Street from RSF -1 to CPO. Miller, to rezone 110 SE 4 Street from RSF -1 to CPO Senior Planner. VI. NEW BUSINESS. Hear from Planning Staff. AUGUST 20, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS PAGE 3 OF 4 ACTION DISCUSSION VOTE Mr. Brisson presented Planning Staff recommendation of approval to rezone. Mr. Brisson stated this is the last lot on the block to receive the commercial zoning designation, and would be consistent with the surrounding property. 2. Hear from the Property Owner or designee /agent. Mr. Corey Miller, property owner was present for any questions or concems. There were none. 3. Open Public Hearing for public comment Chair. Chair Maxwell opened the Public Hearing for public comment. There being none, 4. Close Public Hearing Chair. Chair Maxwell closed the Public Hearing. 5. Board Discussion. Board inquired regarding parking, Mr. Brisson reported that is addressed either by site plan review or issuance of the 1. Business Tax Receipt (BTR). 6. Consider motion and vote. Application will be forwarded in ordinance form for a final Public Hearing on September 15, 2009 Application will be forwarded in ordinance form for a final Public Hearing on September 15, 2009 before City Council. before City Council. A. Consider any additional requests for amendments to the City's Land Development Regulations Chairperson. Member Burroughs moved to recommend approval to City Council to rezone Petition No. 09 -004 -R from RSF -1 to CPO for property located at 110 SE 4t" Street; seconded by Member Hoover. VOTE MAXWELL YEA HOOVER YEA KELLER- YEA LIMAN° YEA BURROUGHS YEA BRASS YEA BAUGHMAN YEA MOTION CARRIED. No consideration. AGENDA VII. ADJOURNMENT Chairperson. ATTEST: 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. Betty J. Clement, Secretary Devin Maxwell, Chairperson AUGUST 20, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS PAGE 4 OF 4 ACTION DISCUSSION VOTE There being no further items, Chair Maxwell adjoumed the meeting at 6:13 p.m. PAGE 1 STREET AND /OR ALLEY CLOSING Application fee (non refundable) $600.00 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. RECEIVED JUL 3 1 2009 Da Meeting: Meeting: City Council 1 Reading: Receipt No. Publication Date: L etters Mailed: Publication Dates: Letters Mailed: CMR letter mailed: uncil!Heating. Publication Date: TRC e Fee Paid: PB /BOA City C Purpose of the Street/Alley Closing: 1 co n s A-ruck c t� e rne rq e CL Op-e e (L c-0< -e c \nc) \e -e (AD L r, k City of Okeechobee General Services Department 55 Southeast 3' Street Okeechobee, Florida 34974 863- 763 -3372 ext. 218 fax: 863- 763 -1686 o9 r PETITION NO. (1» -OOa 5 (Po Please Check One: 1 1Street Closing: v 1 Alley Closing: 61 Name of property owner(s): OiC.eec_lmobe e C_CD vn'1z -t (30C-C, Owner(s) mailing address: 31 a N 3(8 S O1-ee c_hobe e Owner(s) e-mail address: Owner(s) daytime phone(s): 3 -1 lA („4 y Fax: 54, 3 -1 3 -15a9 1 Street/Alley Closing: Legal Description of th Stree Iley: NW 04c 6\�. N. -vo ca 00 a S 1 tom° \L VJ 1 �j L X U f S C N� 5 1 c� \r nn c Lt Note: Upon closing a street/alley in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863 763 -3154. PAGE 2 0 9_o 04. TRG PETITION NO. a 9 -cc2 -S L Copies of deeds of all property owners that adjoin the street/alley. N' A Letters of Consent or Objection (if more than one property owner is involved and they are not participating as the co- applicant). Letters must be original and notarized. 1 Location map and surrounding property owners (Information requested from the Property Appraiser's Office). Two (2) copies of Site Plan, signed and sealed by Engineer (No bigger than 11x 17). V Copy of the Recorded Plat of the Subdivision the Street/Alley (Can be obtained from the County Clerk's Office, Court House No bigger than 11x 17). Utility Companies Authorization Form. P&) 3 PLEASE NOTE: If there are other property owners that am contiguous to the subject street/alley, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the street/alley closing. I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and m result in the summary denial of this application. Sign Printed Name Date D7 -3 J JUG L r Vy uy.u a vnGVVH IL .11.0dtl ',ULU Ly K \A 1 \A-A 1 u �t I.APPUCATION OBSTRUCTIONS: Deliver this application to the'following utility companies for their ..11_11, JP. i L, iliY-hR Real a nhnnet nut�e�icy an ntact each person_ i t Florida Power Ught el- �5 O b It. C --4- r un "I0 /JO bu o nnaPad 7 gftt Pt e r dal I -c-U '7 1"h yi ems- 4 n d 863 467.3706 Ct� z -f--c i-/1 ci r. /AL-c.�J ,u.. s L a d i o, ,L4 c,�e 4+- 4 to 3 al 69 A Authorized Signwture Typed Name Title Phone No_ Date ohn Hopkins 40741894627 or (fax) 407489.1636 Authorized Signature Typed Name Title e(\, r Est Cable i�� 'W7 N.W.7th Ave \e' it Okeechobee, FL.34972 t1 864 76341.87 Authorized Signature Okeechobee Utility Authority 100 S.W. 5 Avenue Okeechobee, FL 34974 76341460 Ra_ 9-f a Authorized Sigh e a Akcc\ Typed Neme Title V VJ'! VJ LJVL 131 tit Phone No, Date 1 (-ff../ Phone No. Dete r•� POS 5Lb 6: etSO-W I N cry port -L u- Lifolsc (kb, 1 1 9 'N /Jo jQ tL �G,i46+m ,4.- .en Gc ,.,A f13 f/„t/i, .„Ae4 y 4 e'x, 441 yip /nit 44.7.. MN 7s 4Cr 2 AE•l 0=` 4rre.0 /TPE /kt..PS)C &)J se -r Qi k j; n JLa 863.70. `1iG v /th-A b j}u,l>li -t Typed jj Name Tita Phone No. Date 1''4'1 GXtEit4 t 4 lµ�. Renuired Only For City of Okeechobee First Addition to City of Okeechobee Subdivisions: Namrlok Estate -T�� y zl e /C'T,�as7 Ot »Ja 77* .0...e T� Gil Culbreth D Co.Truatee 14 67 l0 "A r lS ZaG.n S e 8634634/54 i 74 h! c: ,('n -,ems fZe_ 84 3 7,433/5 7 -2 9 o 9 Iti: Aerized Signature Typed Name rise Phone No Date Aug -19 -2008 11:21 AM Embarq 4078841919 1/D Voice I Dab Internet Wireless I Entertainment August 13, 2008 Kelly Miles, Okeechobee County FAX 863-763-2982 55 SE 9 Ave Okeechobee, FL 34974 RE: Request to Vacate Parts of NW 7 Ave, and 4th Street, Okeechobee Co., Florida shown on Attachment Dear Kelly: With reference to your request to vacate the above referenced roadway sections, Embarq does not object to the vacation of NW 7 Avenue or NW 5 Street as depicted on the attached, however we do object to vacating the area shown along NW 4th Street from the intersection with NW 6th Avenue proceeding West along NW 4th Street for a distance of 300'. If you would lilce,this area to be vacated, we will need to confirm the exact location of the facilities. Our facilities can potentially be relocated, if there is a conflict, at the cost of the property owner effectuating the move. Alternatively, if we can remain in place with access to the facilities for operations, maintenance, upgrades, etc., we can discuss conveyance of an easement over our facilities. If you have any questions, you can reach me at the number shown below. Sincergjy, A Ginny Bolling Real Estate Manager II CC.: Ken Lutz, Engineer EMBARQ" Mailstop: FLAPI<A 0905 P.O. Box 165000 Altamonte Springs, FL 32716- 5000 EMBARQ.eO Ginny Graf Bolling REAL ESTATE MANAGE 11 REAL ESTATE TRANSACTIONS AND ANALTsX$ voice: (407) 889 -1627 Wireless: (321) 303 -3256 Fax: (407) 889 -1636 Okeechobee Utility Authority Phone 863 -763 -9460 Fax 863 763 -9036 e -mail ihavfordeouafl.com TRANSMITTAL From: John Hayfore-V To: Jim Threewits Company: Okeechobee County, Deputy Administrator Address: Pages: 2 total, including this cover sheet. Date: 11/04/08 Subject: Alley Closing Request Jim: As you are aware from past conversations regarding the planning for the EOC, there is an existing water main in NW 7th Avenue and in NW 4 Street. These should be moved to provide for unobstructed use of the closed R/W for building the new EOC facility. Please see the attached map for existing water main sizing and general placement within the R/W. F e r C F LY--. 1‘.1 1 echeini From the desk of... John F. Hayford, P.E. Executive Director. Okeechobee Utility Authority 100 SW 5 Avenue Okeechobee, FL 34974 -4221 26 26 t 17 18 19 20 t rr 69 6 5 4 3 2 1 i 1 1 1 130 6 5 4 3 2 1 133 6 5 4 3 2 1 /lJ 7 M /l 7 8 9 10 6 5 4 3 2 1 7 8 9 10 11 12 we 6 5 4 3 2 1 C4 7-k 7 8 9 10 11 12 7 8 9 10 11 12 6 5 4 3 2 1 7 8 9 10 11 12 7 8 9 10 11 12 z N V✓ .74 ,4 .4 44 1 7 8 9 10 f•a 2 3 7,D 5 6 2 3 9 5 6 2 5 5 6 1 2 1 .14 5 6 1- n sa 17 7 18 8 19 9 20 10 7 4 5 3 2 1 71 8 9 8 9 7 1 8 8 9 10 11 12 4 5 3 2 1 96 5 3 2 1 8 103 7 8 1///: 4 5 10 11 12 10 11 12 4 5 3 2 1 6 5 8 10 11 12 9 17 18 19 20 7 9 6 5 4 3 2 1 r C J J 10 11 12 7 8 9 10 11 1 lad 6 5 4 3 2 i loa 104 10 1 8 9 10 7 8 9 10 11 1 ra W. 4TH SIRE 6 5 4 3 2 1 127 7 8 9 10 11 Z N. W. 3 R6 STREET 7 8 9 12 10 11 12 1 4 2 5 3 2 1 6 5 4 3 2 1 6 PAGE 4 PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS-OF-WAYS (Sec. 78 -33, page CD78:4 in the LDR's) It is the Applicant's responsibility to convince the Technical Review Committee, Planning Board/BOA and City Council that approval of the proposed vacation is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that. 1. Proposed vacation is consistent with the comprehensive plan: VP S +h1S II a --FO 'Qtie ec1,4be e Cnory+u ¥o I knhl r °n�e_ti si -��e e,n cY,L�1-4 (1e �,c i 1 ;1-i e s r�> ee 0-)nbe. e KA r ck `5 c c-► eJ .r e 1< esc S kr'a n c 4' 1 n f, c\ +1 r a f r e n+ 1, I g r o p e s" e Fame rq-e n c-4 O p-era or1S C..elrk e C 2. Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement: C.-or c_-' p f c_1 -,Qbe e C g-., -VI 1 +ha sole, t ne Fr-c�M t4,6 A S x i 1 err >rr '1S W I -k s*. So O -*V. 4_ t i r Nr!R P .1 1:) 1 +v 3. Proposed vacation is in the public interest and provides a benefit to the City. eS -W k q F c e \o c Cur cil o h, Oke e c 1--N Qb-e e ∎.3\n t C_1-, It r,r, ca,3r,r anonO t e W� C� c'e cur ran-iv- L pr-ope nQ3 -)u C o nS u c QY e c1-, e b e C. rn e c c -e ro c, d Opera hc7ns C�s��er anc\ *VR C -O 3 cee� F u "fie, 'c F .}-)3A,t P r c�,+ Ona\l� �r,,� vc.ca4 Cr\ c ec�Ues w, 1 (UTi� �U a 4. 'Proposed vacs on would not j ize e location of any utility: C,cfecr' A11 \)1 1 A',,f hrn,re bP er Ac'esec ‘.ix 0.Poroofrck -e raner,c e S_ S€e_ N-4-c' 1`r? A-4-10 rS u --1 1 1 u She e "4 t 1-k n c m Lk Thus* O rW has cLa re eA —S se 1 I -E 1-N Tr 4, s+ P q s\ c)rnosU Tc,At ces� Fo t s e cc Ci, '5, see a k c— q n cecArm-'r 1 ar,c1. c_cpn4- eecC (The City Staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial). ��fnlnni�r V ro p 11 1 1 1 1 i i mil [\\N\.,- IIII I IIIlIIIIIJI�I(l.., f 1 r �H:„ .4.,.e.., Fe u,,-- V 4 a N 15,9■ s17"r r �r,rrir� `tea C CAST Iflo i INA 1 :E COUNTY EMERGENCY OPE RATIO N CE NTE R PRO S ITE LAYOUT POLSTON EIIKJEERING INC. STATE OF FLORIDA BO OF PROFESSIONAL ENGINEERS ORTH BLVD., P.O. BOX 588 PROFESSIONAL ENGINEER R OGER DALE POLSTON P.E. 33222, FLORIDA 39871 0588 PRO FESSIONAL ENGINEER 1dARVIN LUTHER WOLF P_E 4BD30 863- 385 -5564 BUSINESS CERTIFICATE OF AUTHORIZATION NUI®EII: 5V4 PROFESSIONAL ENGINEER CLINTON E. HOWERTON. JR P.E. #:81021 E MI soar •ausur rssr 14 NmWNY•(MAIM /LSO Q-N v■• •1 z 0 s Etal tar yALtJ lII uml DATE I REMARK I L SCALE: 1"= lay 1 SHEET: 1 OF 1 1 WORK ORDER 07127 APPROVED BY: 1 09 -01 -091 RIGHT -OF -WAY LAYOUT IGCH I I I I I I 1 DR I CH Sidi Report Street Vacation Review 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 -334 -3366 Fax: 239 334 -6384 1 ,aRuc Planning Manalciiicni C11 ices. Inc;. Prepared for: City of Okeechobee Applicant: Okeechobee County BOCC (EOC) Petition 09-006 —TRC (and 09- 002 -SC) Staff Report Street Vacation Review General Information: Applicant: Applicant Address: Property Associated with Requested Street Vacation Contact person: Contact Phone Number: Okeechobee County BOCC 312 NW 3rd Street Application No.: 09-006-TRC/09-002-SC Applicant's Name: Okeechobee County BOCC (EOC) NW 7th Ave, 400 BLK N. to 600 BLK and NW 5th Street, 700 BLK to CSX Uptown Spur Railroad Track Okeechobee, Florida Kelly Miles, for Okeechobee County Emergency Operations Center 863 763 -6441, FAX: 863 763 -9529 Legal Description of Subject Property: All that portion of NW 7 Avenue formally known as Okeechobee Avenue lying adjacent to Blocks 96, 97, 102, and 103. All that portion of NW 5 Street formally known as Eleventh Street lying adjacent to Blocks 97 and 102. Description of Request: To close the above referenced street segments to allow the County to construct its new Emergency Operation Center. General Description of Property to Which Vacated Land Will Accrue: Land Use Future Land Use Map Adjacent Zoning North: East: West South Existing Vacant Industrial and Public IND, PUB Vacant County Government Complex Vacant, County owned Vacant and County Recreation Prop Emergency Operations Center Industrial and Public IND, PUB Adjacent Existing Land Use Following is the Staff analysis of the request's consistency with the various requirements for vacating public rights -of -way. Page 2 Staff Report Application No.: 09- 006-TRCA9- 002-SC Street Vacation Review Applicant's Name: Okeechobee County BOCC (EOC) Section 78 -33 of the Land Development Regulations requires the reviewing bodies to find that an application for vacating rights -of -way meets the following requirements. The Applicant has provided brief written responses to each of the required findings. For your consideration, the Applicant's responses are provided in Arial typeface, followed by Staff comments. 1. Proposed vacation is consistent with the Comprehensive Plan. "Yes, this will afford Okeechobee County to establish connectivity between multiple facilities; Okeechobee Sheriffs Office, Fire Rescue station #1 and the currently proposed Okeechobee Emergency Operations Center." Staff agrees. Both the Public and Industrial Future Land Use Categories contemplate public uses. 2. Right -of -way to be vacated is not the sole access to any property and the remaining access is not an easement. "Correct, Okeechobee County is the sole owner from NW 5 Ave. west to CSX Uptown Spur and from NW 6 St. south to the unimproved portion of NW 4 Street." Staff agrees. The requested vacation will not eliminate sole access to any property not owned by Okeechobee County. 3. Proposed vacation is in the public interest and provides a benefit to the City. "Yes, these rights -of -ways divide land currently owned by Okeechobee County which limits their functional use. We are currently proposing to construct the Okeechobee County Emergency Operations Center and the r -o -w's need to be vacated for that purpose. Additionally, this vacation request will provide for a "Public Safety Complex." Staff agrees. The requested vacation is in the public interest and provides a benefit to the City in the form of improved countywide emergency operations services. 4. Proposed vacation would not jeopardize the location of any utility. "Correct, all utility issues have been addressed with the appropriate agencies, see attached letters and utility sheet. The R. E. Hamrick Trust u/w has agreed to sell the Trust Revisionary Interest for these two (2) R-O-Ws, see attached vacant land contract." Staff agrees, assuming that agreement has been reached with OUA with regard to relocating the water mains in NW 7th Avenue and in NW 4 Street. Page 3 Staff Report Street Vacation Review Recommendations: Based on the foregoing information and analysis, Staff recommends Approval of the requested street vacations. Submitted by: James G. LaRue, AICP Planning Consultant September 9, 2009 Technical Review Committee Meeting, September 17, 2009 Planning Board/Board of Adjustment Meeting, September 17, 2009 City Council 1 Reading, City Council 2 Reading, Application No.: 09. 006- TRC/09 -002SC Applicant's Name: Okeechobee County BOCC (EOC) Attachments: Future Land Use Map, Zoning Map, and Property Appraiser's Aerial Page 4 D c'3 0 2 a) 0 c� 0 U Future Land Use Designation Okeechobee County EOC Request Street Vacation FUTURE LAND USE CATEGORY SINGLE FAMILY MULTI FAMILY RESIDENTIAL MIXED USE COMMERCIAL INDUSTRIAL PUBLIC FACILITIES Ej Property to be Vacated 200 400 Feet Page 5 ZONING RMF CPO CLT IND PUB Current Zoning Okeechobee County EOC Request Street Vacation 200 0 200 400 Feet cki Page 6 Staff Report Street Vacation Review County BOCC street vacation site C COUNTY PROPERTY V VACANT Application No.: 09- 006- TRC/09-002SC Applicant's Name: Okeechobee County BOCC (EOC) Okeechobee County Property Appraiser's Aerial Page 7 TO: Planning Board Members FROM: Secretary Clement SUBJECT: BOCC Street Closing 09- 002 -SC DATE: 9/10/09 MEMORANDUM CITY OF OKEECHOBEE GENERAL SERVICES 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 863 763 -3372 EXT. 218 Dear Members, To accelerate the process, the TRC will be hearing the street closing the morning of the PB meeting. I will have the minutes ready and distribute before the PB meeting. All warranty deeds for property surrounding the street closing are available in the General services office if you wish to view. I. CALL TO ORDER Chairperson The meeting was called to order by Chairperson Brian Whitehall. II. STAFF ATTENDANCE Secretary PRESENT: Administrator Whitehall Building Official Schaub Public Works Director Robertson Chief Smith Engineer Bermudez Chief Davis Non Voting Ex- Officio Member PRESENT: OUA Hayford Planner Brisson Secretary Clement MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY SEPTEMBER 17, 2009, 10:00 A. M. CITY OF OKEECHOBEE 55 Southeast 3 Avenue Okeechobee, Florida 34974 ABSENT: County Health Department Burton Attomey Cook School Representative (no representation) III. Minutes Secretary Chief Davis moved to dispense with the reading and approve the June 18, 2009 Technical Review Committee Minutes regular meeting; seconded by Engineer Bermudez. Motion carried unanimously. IV. New Business Chairperson Page 1 of 3 A. Street Closing Petition 09- 006 -TRC. The application was submitted by Lyndon Bonner on behalf of the property owners BOCC to close NW 7th Avenue from NW 4th Street to NW 6th Street and close NW 5th Street from NW 7th Avenue to dead -end, Okeechobee, Florida Senior Planner. Technical Review Committee September 17, 2009 Page 2 of 3 IV. New Business Continued. A. Street Closing Petition 09- 006 -TRC continued. Mr. Brisson addressed the Committee, stating he was very impressed with the reasons stated in the application for the street closing. Mr. Brisson further stated LaRue Planning Staff recommends approval. Mr. Jim Threewits, Deputy County Commissioner for Okeechobee County asked the Board whether they had any questions? Administrator Whitehall questioned the comments from Embarq. Mr. Threewits stated the comments of concern were addressing 4th, which is not part of the petition. OUA Nothing Health Not present. FC Accessibility to the proposed building? Mr. Threewits replied yes, on the East side. BO No comments. CE Always feel the City should not give away property, but this project is a benefit to the City as well as the County. PW No issues. PD No Issues. Chief Davis made a motion to recommend approval to the Planning Board for Street Closing Petition 09- 006 -TRC to close NW 7th Avenue from NW 4th Street to NW 6th Street, and close NW 5th Street to dead -end, seconded by; Chief Smith. Motion carried unanimously. B. Outdoor vehicle sales Lot 09 -007 TRC. The application was submitted by Linda L. Bridges for site plan review for outdoor vehicle sales lot located at 920 NW Park Street Senior Planner. Mr. Brisson presented the Staff report of approval with four issues needing to be addressed by the applicant. Mr. Brisson went on to state the development of the property is consistent with the surrounding commercial property with the exception of one lot that is zoned RMF. Traffic does not appear to be a problem. The issues are with the width of the drive through the property being shown as 10 feet which should at least be 12 feet, the placement of the dumpster, no sidewalk shown on 10th and no lighting plan was submitted. Mr. Larry Bennett of H.L. Bennet, of LaBelle, Florida addressed the Committee representing the applicant. Mr. Bennett stated all the issues would be addressed. Mrs. Linda Bridges, the applicant stated the business across the street had the same type dumpster placement. Mr. Whitehall replied that is a situation the City is trying to address. Mrs. Bridges also stated she was planning on putting a spot Tight on the pole by the dumpster. Mr. Brisson interjected, the applicant does not need to supply a lighting plan, but does have to comply with the code. Mr. Whitehall expressed concem regarding the spotlight and instructed the applicant to make sure this would cause no concem with the surrounding neighbors or drivers on SR 70. Mrs. Bridges stated the one -way, 10 foot driveway through the property was for safety and would provide for open space. Administrator Whitehall then asked for concerns from the Committee: OUA No issues. J INDEPENDENT NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 STATE 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, that the attached copy of advertisement being a in the matter of ALL/ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of b6 0 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. sworn to and subscribed before me this It day of Notary Public, State of Florida at Large :l t'• 4C -'l t('( Angie Commission J)D779713 Expires: APR. 20, 2012 UcNPli3C4., a0d 9 AD Judy Kasten (863) 763 -3134 NOTICE TO ABANDON RIGHTS-OF-WAY NOTlanW A PUBLIC NEARING WS be held before n the Oki Planing Board thereafter as possible, to be C ity� Ha a l 0 5 SS 3rr Avenue, Cowes Ow Rm 200, Okeechobee, Florida. To consider Street Closing Applcatlon No. �09 tl 002-SC, submitted by the Board of to Streets, and a portion of NW 5th 5L from of NW 7th A to dead-end. the agea be obtained from the City website xeffitUpL �.tgm may The edbe applkation is available at the General Ser- vices Department yrk+rnr®dty plow .nlar1'er8, 863- 763 -3372 x 218. The Planning Board will make reconwnendatiors the City Coundi for cce- dderation and final adoption tentatively scheduled for lbbenday, November 3, 2009. PLEASE TAKE NOTICE AND BE ADVISED that if any persat desires to ap- peal any decision made by the Planning Board /Board of Adjustments and Appeals with respect to any matter considered at this meeting, or hearing w10 need to eisnre a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal made, to be based. Media are used for the sole purpose of bade -up for the General Services In accordance with the Americans with Disabilities Act (AW) and Florida Statute 286.26 peas with disabilities needing spedal accommodation m N n 1gCs proceeding contact contact Cl r later than a working days s I proceeding caN T to the pt hg at t 8 863-763-337 3- 3372 x x 218; if you are rg or voice e Impaired, cad DD 1-800-955-8770 (vnke) or 1-800- 955 -8771 BM Brian Whitehall, CiN Administrator Petition No. 09-002-SC 332267 ON 909 ltEleiit INDENT oill NEWSPAPERS OKEECHOBEE NEWS STATE 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 ,ttiat the attach copy of advertisement being a th in the 19th Ju icial District of the Circ t Court of Okeechobee County, Florida, was published in said newspaper in the issues of ght(e) 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. Judy Kasten orn to; subscribed before me this /1 tt day of" y AD A Ate- Notary Public, State of Florida at Large IT NOI ,iy PUBLIC -STATE O "`i s A Angie Bridges r =Commission #Dr /7 b R 797_0 Expires: APR. 20, 2012 BOIYiDE11 THRU ?MANTIC BONDING CO., E/;;. 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763 -3134 QTY PLANNING BOARD /BOARD or ADJUSTMENT AND APPEALS MEETING NOTICE NOTICE IS HEREBY GIVEN that the PlamUg Board /Board of mein and Appeals Mil meet as the local PlaryWig Agency on September I7,. 2009 at 0 p m. or as 610 as possible consider any proposed amendments, submittM Oty Staff orcittms, to the Comprehen ske Plan, which include the land �Development Regulations (LDIt%). The meeting win be hid at City Ha8, 55 Southeast 3rd Avenue, In the Council Chambers, Room 200, Okeechobee, Hodda. The public is Invit- ed and encouraged to attend. PLEASE TAKE NOTICE AND BE ADVISED that no shenogaphic record =byy a certified court reporter will be made of the foregoing meeting. Accord i giy any person who may seek to appeal any 0dedsll involving the mat- ters noticed herein w6 be responsible for maldng a verbatim record of the testimony and evidence at said meeting upon winch any l Is to be based. Please contact Betty Clement at 863-7637337 or wdsite www.rihafokwrhdxr.m0y to obtain a copy of the agenda In acoodance with the Americans with Disabilities Act (ADA)) of 1990 per sons needng spedal accommodation to o* In th k procening should contact the General Services Office at 863.763 -3372 for assistance. BM Brian Whitehall, zoning AMdnisbator 332328 ON 9/11/09