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2011-12-061 CITY OF OKEECHOBEE DECEMBER 6, 2011 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 12 4� 3 q II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II I. CALL TO ORDER - Mayor: December 6, 2011, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Bruce Simpson; First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present a 30-Year Longevity Service Award to Alfred Fisher B. Present a 15-Year Longevity Service Award to Donald Hagan. Mayor Kirk called the December 6, 2011, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Bruce Simpson of the First United Methodist Church; the Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mr. Alfred Fisher retired from the City on November 17, 2011 with 30 years of service. He was not present to receive his plaque. Mayor Kirk presented Mr. Donald Hagan with an engraved crystal mantle clock and Certificate of Longevity which read: In appreciation for your 15 years of hard work and dedication with the City of Okeechobee, November 22,1996 through November 22, 2011, service is the lifeblood of any organization. Everything flows from it and is nourished by it. The City and your fellow citizens have benefitted greatly by your performance." 6^ L DECEMBER 6, 2011 - REGULAR MEETING - PAGE 2 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. C. Present a 5-Year Longevity Service Award to Steve Weeks. D. Present a Certificate of Appreciation for service on the Code Enforcement Board and the OUA Board to Frank Irby. E. Present a Certificate of Completion from the Institute for Elected Municipal Officials to Devin Maxwell. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 1, 2011 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the Warrant Registers for October 2011: General Fund................................$339,541.17 Public Facilities Improvement Fund ............... $11,625.57 Capital Improvement Projects Fund ................ $6,264.00 Community Development Block Grant Fund .......... $5,000.00 Law Enforcement Special Fund ..................... $150.00 Mr. Steve Weeks, Jr. was not present to receive his Certificate of Longevity and an engraved cross pen for five years of service. The commendation will be forwarded to Chief Smith to present. A Certificate of Appreciation was presented to Mr. Frank Irby, who recently resigned from the citizen boards due to his appointment to the Board of County Commissioners by Governor Scott. The certificate read: "in recognition of your service to the community, the City and your fellow citizens have benefitted greatly by your unselfish dedication in the performance of your duties while serving on the Okeechobee Utility Authority Board of Directors from December, 2004 to November, 2011 and the City Code Enforcement Board, from May 22, 2002 to November 23, 2011." Mr. Irby thanked the Mayor and Council for allowing him to serve the community on these boards. Mayor Kirk presented a Certificate of Completion for the basic Institute for Elected Municipal Officials by the Florida League of Cities. Council Member Maxwell recently completed 18 hours of class time and is now eligible to attend the advance institute. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the November 1, 2011 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member Watford moved to approve the October 2011 Warrant Register in the amounts: General Fund, three hundred thirty-nine thousand, five hundred forty-one dollars and seventeen cents ($339,541.17); Public Facilities Improvement Fund, eleven thousand, six hundred twenty-five dollars and fifty-seven cents ($11,625.57); Capital Improvement Projects Fund, six thousand, two hundred sixty-four dollars ($6,264.00); Community Development Block Grant Fund, five thousand dollars ($5,000.00); and Law Enforcement Special Fund, one hundred fifty dollars ($150.00) and the November 2011 Warrant Register in the amounts: General Fund, four hundred forty-six thousand, eight hundred seventy-two dollars and seventy-nine cents ($446,872.79); Public Facilities Improvement Fund, ninety-five thousand, eight hundred forty dollars and nine cents ($95,840.09); Capital Improvement Projects Fund, four thousand, DECEMBER 6, 2011 - REGULAR MEETING - PAGE 3 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VI. WARRANT REGISTER CONTINUED. A. Motion to approve the Warrant Registers continued, November six hundred thirty-one dollars and ninety-seven cents ($4,631.97); and Community Development Block Grant Fund, 2011: five thousand, seven hundred ninety-seven dollars ($5,797.00); seconded by Council Member Williams. There was no discussion on this item. General Fund ................................ $446,872.79 Public Facilities Improvement Fund ................ $95,840.09 VOTE Capital Improvement Projects Fund ........ I ........ $4,631.97 KIRK - YEA MAXWELL - YEA O'CONNOR - YEA Community Development Block Grant Fund .......... $5,797.00 WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. New Business Item C was moved to be discussed before Item A in an effort to accommodate Attorney Ramunni's schedule. Vlll. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 P.M. A. 1. a) Motion to read by title only proposed Ordinance No. 1077, Council Member Watford moved to read by title only proposed Ordinance No. 1077, amending the Comprehensive amending the Comprehensive Plan Future Land Use Map regarding Plan Future Land Use Map regarding Application No. 11 -001 -SSA, submitted by Lisa Sherman on behalf of property Application No. 11-001-SSA, submitted by Lisa Sherman on behalf owner Good Care Home, Inc. for property located at 204 Southeast 71h Street, from Single Family to Multi -Family of property owner Good Care Home, Inc. for property located at 204 (Legal: Lots 1 to 8, and the adjoining alley of Block M, Central Park Subdivision); seconded by Council Member SE 7'h Street, from Single Family to Multi -Family - City Planning Williams. Consultant (Exhibit 1). 11 b) Vote on motion to read by title only. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1077 by title only. Attorney Cook to read proposed Ordinance No. 1077 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE CITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBED HEREINFROMSINGLEFAMILYTO MULTI -FAMILY; PROVIDING FORINCLUSION OFORDINANCEAND REVISED FUTURE LAND USEMAPIN THE COMPREHENSIVEPLAN, PROVIDING FORAN EFFECTIVE DATE." (/I) DECEMBER 6, 2011 - REGULAR MEETING - PAGE 4 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No. 1077. b) Public discussion and comments. c) Vote on motion. Council Member Williams moved to adopt proposed Ordinance No. 1077; seconded by Council Member Watford Future Land Use Map Amendment Application No. 11 -001 -SSA was initiated by the property owner, who is proposing to amend the land use designation to allow multi -family uses on the property so that the current structure can remain on the property and be sold and used legally as a conforming two-family structure. The property has been used over the years as a single family residence, a two-family residence, an assisted living facility and an elderly boarding home. However, the legally permissible use of the structure is a single-family home. The Planning Board reviewed the application and Planning Staff Report at their November 17, 2011 meeting and voted unanimously to recommend approval based on the findings within the Planning Staff Report. Findings were: Consistency with the Land Use Categorized and Plan Policies. As prescribed by the Comprehensive Plan, specifically Policy 2.1(b), permitted uses in the multi -family residential future land use category include apartments, duplexes, condos, single family houses and public facilities. The maximum density is 10 units per acre. Therefore the owner could put up to eight multi -family dwelling units on the property provided all applicable provisions of the Land Use Development Code are met. There are adequate public facilities for the proposed use including roadways, potable water, sanitary sewer, solid waste, and drainage. The requested designation is consistent with the policies the City has been following with regard to lands similarly situated. It is also consistent with the direction indicated in the recently adopted Evaluation and Appraisal Report which envisions lands within the second blocks of the commercial corridor to be developed for light commercial use or multi -family use which is an appropriate buffer between the heavier commercial uses along the major arterial's and nearby less intense residential uses. In that respect a multi -family designation is compatible with the adjacent mobile home and nearby single-family uses. Mayor Kirk asked whether there were any questions or comments from the public. There were none, he then opened the floorfor Council discussion. Council Member Maxwell noted his concerns to preserve the single family designations within each quadrant and whether this area should be considered for the two -block mixed use off the commercial corridor. As noted above, Mr. Brisson recommended that this would be the appropriate use. Council Member Watford asked whether any of the surrounding property owners had noted their objections, there were none. Administrator Whitehall added there have been some compliance issues with the property and the change in the land use would solve those problems. This property also has a pending rezoning application for consideration. KIRK - YEA WATFORD - YEA MAXWELL - No WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. DECEMBER 6, 2011 - REGULAR MEETING - PAGE 5 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II CLOSE THE PUBLIC HEARING - Mayor. 111 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:27 P.M. IX. NEW BUSINESS. C. Discussion pertaining to the Carter Pritchett billboard issue - III As requested, Mayor Kirk noted item C will be considered first in order to accommodate Attorney Ramunni's schedule. Attorney Steve Ramunni. Attorney Steven Ramunni appeared before the Council regarding the Carter Pritchett Advertising/Centennial Building litigation. The Carter Pritchett action goes back to a 2007 complaint seeking issuance of a common law Writ of Certiorari quashing the City's decision to revoke building permits issued to Carter Pritchett for the construction of a billboard at 701 West South Park Street (property West of the Country Cooler drive-thru). The case also seeks declaratory judgement as to the status of the building permit and an award of monetary damages in excess of $15,000.00 for costs and expenses incurred by Carter Pritchett in commencing construction of its billboard. The Centennial Builders complaint was filed in 2008, the complaint seeks issuance of a Writ of Mandamus compelling issuance of the permit and seeks to state a cause of action under 42 U.S.C. §1983 for deprivation of Centennial Builders constitutional rights. Section 1983 claims carry entitlement to recovery of attorney's fee's. On January 12, 2010, a mediation conference was conducted addressing both cases. A settlement agreement was reached wherein Carter Pritchett and Centennial were to identify specific proposed parcels for the construction of billboards identified in the agreement within six months. One billboard was to be located on North Park Street, East of Taylor Creek in an area zoned CHV. Attorney Ramunni stated that in a good faith effort, the second billboard permit was withdrawn and that only an existing billboard located on North Parrott Avenue would be replaced with the dimensions specified in the settlement agreement. Once these two parcels were identified they were to be submitted to the City Council for approval. On October 19, 2010, the City Council conducted a closed executive session. Attorney Cook and Administrator Whitehall were instructed to meet with Attorney Ramunni to continue negotiations to resolve the matter. Late 2010, the City was notified by Attorney Bob Shearman (attorney for the City) that he was advised that Attorney Ramunni's clients could not move the proposed billboard for North East Park Street more to the West and that a 10 year non- conforming agreement was not sufficient, they were requesting 20 years. Attorney Ramunni explained he is respectfully requesting the Council ratify the settlement agreement that would allow his clients to construct a new billboard on the property located East of Taylor Creek along North East Park Street within 11 a Heavy Commercial zoning district. The property is currently being used for mobile home sales. DECEMBER 6, 2011 - REGULAR MEETING - PAGE 6 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. C. Discussion pertaining to the Carter Pritchett billboard issue continued. A.1. a) Motion to read by title only and set January 3, 2012 as a final public hearing date for proposed Ordinance No. 1078 regarding,Rezoning Application No. 11-001-R, submitted by Lisa Sherman on behalf of property owner Goad Care Home, Inc. for property located at 204 SE 7th Street to change the Zoning classification on Lots 1-8 of Block M, Central Park, from Residential Single Family -One to Residential Multiple Family - City Planning Consultant (Exhibit 2). The second billboard would be the continued existence of a billboard located at 1301 North Parrott Avenue. Both would be a permitted, conforming -use for 20 years. Once the 20 years was up, the signs would remain unless taken down by an act of God or the owners took them down, then they could not be replaced. Attorney Cook advised the Council that they not take any action tonight and rather take time to re -read the settlement agreement, it has been over a year since the Council reviewed it. Attorney Ramunni had requested that a reply be given within 30 days. However, with the holidays and the Council not having another meeting this year, 45 days seems more realistic, Attorney Ramunni agreed. Following discussion between the Mayor, Council and Staff, the consensus of the Council was to review the settlement materials to consider final action at the January 17 meeting and that should it become necessary, a special meeting or executive session could be scheduled. Council Member Watford moved to read by title only, and set January 3, 2012 as a final public hearing date for proposed Ordinance No. 1078, regarding Rezoning Application No. 11-001-R, submitted by Lisa Sherman on behalf of property owner Good Care Home, Inc. for property located at 204 Southeast 7rh Street to change the Zoning classification from Residential Single Family -One to Residential Multiple Family (Legal: Lots 1 to 8, and the adjoining alley of Block M, Central Park Subdivision); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1078 by title only. Attorney Cook read proposed Ordinance No. 1078 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." A. 2. a) Motion to approve the first reading of proposed Ordinance No. III Council Member Williams moved to approve the first reading of proposed Ordinance No. 1078; seconded by Council 1078. Member Watford. DECEMBER 6, 2011 - REGULAR MEETING - PAGE 7 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. A. 2. b) Discussion. Mr. Brisson was available to answer any questions. The Rezoning Application No. 11-001-R is related to the Small Scale Map Amendment No. 11-001-SSA approved earlier in the meeting. There was no discussion. c) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only and set January 3, 2012 as a final public Council Member Watford moved to read by title only and set January 3, 2012 as a final public hearing date for hearing date for proposed Ordinance No. 1079 regarding proposed Ordinance No. 1079 regarding amendments to the City Land Development Regulations; seconded by amendments to the City Land Development Regulations- City Council Member Williams. Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1079 by title only. Attorney Cook read proposed Ordinance No. 1079 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE CITY'S CODE OF ORDINANCES INCLUDING SECTION 30-35 RELATING TO THE REQUIREMENTS FOR AND LOCATION OF COMMERCIAL SANITARY GARBAGE CONTAINERS; SECTION 66-1 DEFINITIONS, BYADDING CERTAIN NEW DEFINITIONSAND UPDATING EXISTING DEFINITIONS FOR CLARITYAND CONSISTENCY WITH OTHER PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS; SECTION 78-36 RELATING TO REQUIREMENTS FOR CERTAIN DEVELOPMENT PROJECTS TO PROVIDE SIDEWALKS ALONG STREETS; SECTIONS 90-103(1), 90-133(1), AND 90-193(2), BYADDING BED AND BREAKFAST ESTABLISHMENTS TO THE LIST OF SPECIAL EXCEPTION USES IN THE RSF 1, RSF 2, AND RMF DISTRICTS, RESPECTIVELY, SECTIONS 90-135(B)(1)AND 90-196, BYCLARIFY►NG THEMINIMUM YARD REQUIREMENTS FOR ZERO LOT LINE SINGLE-FAMILY DWELLINGS IN THE RSF 2 AND RMF DISTRICTS; SECTIONS 90-253(1) AND (2) AND 90-282(3) AND (5) BYADDING LAUNDROMAT AND TAKE-OUT RESTAURANT TO THE LIST OF SPECIAL EXCEPTION AND PERMITTED USES IN THE CLT AND CHV DISTRICTS, RESPECTIVELY; BYMODIFYING SECTION 90-316 TO RECTIFYAN INCORRECT REFERENCE; SECTIONS 90-342 AND 90-343 BYMOVING CAFE FROM THE LIST OF SPECIAL EXCEPTION USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT AND BY ADDING CERTAIN PERSONAL SERVICE USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT; ADDING A NEW SUBSECTION 90-511(e)(6) PROHIBITING PARKING SPACES ADJACENT TO A DRIVEWAY FROM BEING CLOSER THAN 20 FEET TO THE RIGHT-OF-WAY OF A PUBLIC ROAD; SECTION 90-512 BY MODIFYING THE OFF- STREET PARKING REQUIREMENT FORA UTOMOBILE SALES ESTABLISHMENTS; BYDELETING SECTION 90-5351NITS ENTIRETY AND INCORPORATING ITS PROVISIONS INTO SECTION 90-534; BYMODIFYING SECTION 90-573(B) TO RECTIFYAN INCORRECT REFERENCE; BYMODIFYING THE TITLE OF DIVISION 9 TO INCLUDE SUPPLEMENTAL USE REGULATIONS; SECTIONS 90-693(3), 90-695(3), AND 90-696(3) BYMODIFYING THE MINIMUM SIDEAND REAR YARDS FOR COMMUNITYCENTERS, ADULT FAMILYCARE HOMES OR ASSISTED LIVING FACILITIES, AND HOUSES OF WORSHIP; BY ADDING A NEW SECTION 90-702 SETTING FORTH REGULATIONS SPECIFICALLY PERTAINING TO OUTDOOR VEHICLE SALES LOTS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." DECEMBER 6, 2011 - REGULAR MEETING - PAGE 8 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. B. 2. a) Motion to approve the first reading of proposed Ordinance No 1079. b) Discussion. Council Member Williams moved to approve the first reading of proposed Ordinance No.1079; seconded by Council Member O'Connor. Mr. Brisson addressed the Council explaining that on October 201h and November 171h the Planning Board discussed the twelve zoning issues that were initially discussed with the Council (at the September 20, 2011 meeting). The Board also considered three additional items. The following were unanimous recommendations by the Planning Board: Temporary Produce Stands. The Council had requested that the issuance of temporary produce stand permits be considered. The specific question is whether or not to allow temporary produce stands to conduct business on private property in commercial areas using temporary structures, current regulations do not allow this. The recommendation from the Planning Board was to keep the current codes and not allow temporary produce stands. The Board was primarily concerned over the legitimacy of differentiating one type of peddler from another. Mr. Ellis Hayden was in attendance, he had originally requested the Council consider these types of temporary permits. He owns property at 704 North Parrott Avenue (Lots 18 to 20 of Block 57, City of Okeechobee) and has an existing furniture store. He is requesting to utilize part of his parking lot to set up tables to sell produce. There would be additional produce inside the building and he has the correct restroom facilities and ample parking. The tables would be more to advertise that fresh produce is sold at the location. Following a lengthy discussion, Mayor Kirk instructed Mr. Hayden to meet with Administrator Whitehall to see whether there was any way to legally allow Mr. Hamden to sell produce at his current location, within the existing codes. Dwelling Unit in Commercial Zoning Districts. The current code allows one dwelling unit per commercial building as a special exception within CHV and CLT districts. The recommendation is to defer making any changes to this section until the Comprehensive Plan is amended to accommodate residential use in the Commercial Future Land Use categories. Requirement for New Development to provide Sidewalks. The current code requires that all projects, except those in residential zoning districts provide sidewalks along adjacent arterial streets, collector streets or city rights -of -way. However, residential subdivisions are required to construct sidewalks. The recommendation was to ensure clarity and consistency in implementation, Section 78-36(a)(1) now reads, "All projects, except for those involving only one individual single-family structure,..." Eliminate Section 90-535, non-residential; buffer regulations and amend 90-534, Required Residential and Nonresidential Buffer Areas, and amend the wording within 534. DECEMBER 6, 2011 - REGULAR MEETING - PAGE 9 OF 12 4 1 1 1 AGENDA IX. NEW BUSINESS CONTINUED. B. 2. b) Proposed Ordinance No. 1079 discussion continued. c) Vote on motion. D. Consider a parking reduction request for a proposed Veteran's Medical Office located at 210 NW 5" Street - Michael Chapman, Contractor for Chapman Construction Company. COUNCIL ACTION - DISCUSSION - VOTE Change the title of Division 9 to be Special Exception and Supplemental Use Regulations. There are several definitions lacking, or need to be better defined within the LDR's, the recommendation for the additions/changes in definitions are outlined within proposed Ordinance No. 1079. Formalize a requirement for a 20-foot parking reservoir. The recommendation that no parking space accessed via a driveway from a public road be located closer than 20 feet from the right-of-way line applies only to new construction. Requirements for garbage and trash containers. The Planning Board agreed that the language is too vague and agreed to recommend the proposed changes outlined in proposed Ordinance No. 1079. Off -Street Parking and Loading. The recommendation is to change space regulations for commercial uses, automobile sales to 1 per 400 square feet of floor area, plus 1 per 1,500 square feet of outdoor areas used for sales or display. Allow Personal Services in the Industrial Zoning District. The recommendation is that once the Comprehensive Plan is amended, that Section 90-342 be changed to add under permitted uses a Cafe; Barbershop, Beauty Shop; Dry Cleaner/laundry; Nail Care; Shoe Repair and Tailor; and delete cafe from the special exception uses. Clarification of minimum yards for zero lot line single family dwellings. Require traffic impact analysis to be submitted with application for special exception and site plan review. And finally, rectify incorrect references throughout the Code. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mr, Michael Chapman of Chapman Construction appeared before the City Council to request a parking space requirement modification for a veterans medical office to be located at 210 Northwest 51h Street. The building was originally built for office space and has an existing approved parking reduction. The Veteran's Administration (VA) has contracted with CR Associates, Inc. (CRA) of Newington, Virginia to operate the entire facility, no portion of the building will be sub -leased to anyone else. CRA works under a contract with the Department of Defense. Before a building permit can be obtained to remodel the building, the parking space requirements have to be addressed. 0 DECEMBER 6, 2011 - REGULAR MEETING - PAGE 10 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. D. Consider a parking reduction request for a proposed Veteran's Medical Office located at 210 NW 5`h Street continued. E. Discussion pertaining to a proposed franchise agreement with Florida Public Utilities Company for the manufacture, transmission, distribution, transportation and sale of natural, manufactured, or mixed gas - Barry Kennedy, Director of Gas Operations (Exhibit 4). Distributed prior to the meeting was a copy of the floor plan of the VA medical office and a letter from Mr. Charles Robbin, Senior Executive Vice President of CRA. The letter outlined that this would be an exclusive VA facility. All visits are by appointment only for routine primary doctor office care. There will be 6 to 8 staff members, doctor included. The facility is anticipated to see two patients per hour or about 16 people per day. There are 20 spaces on site and additional overflow street parking spaces. The facility will have small lab area for basic drawing, a hearing test room, various administrative areas, staff lounge, storage, modest waiting area and restrooms. It will be opened 8 a.m. to 4 p.m., Monday through Friday and closed on Federal holidays. There will be no invasive procedures, ambulances or overnight stays. Administrator Whitehall added that Staff is suggesting a second ingress/egress for traffic flow purposes and handicapped parking needs to be addressed. Council Member Watford moved to approve a parking waiver for CR Associates for a VA clinic only at 210 Northwest 5" Street to allow not less than 18 parking spaces; seconded by Council Member O'Connor. Discussion ensued regarding the Council not wanting to create a potential parking situation at the site. Mrs. Anita Nunez added that her sister works at the existing VA Clinic and the parking situation is very bad, with 20 to 25 patients there every morning for blood work. Mr. Chapman did not know whether the existing VA facility would remain open or not once the new facility was active. Mayor Kirk suggested that the Council have more information to make this decision, as the normal parking space requirement for a medical facility this size would be 40 spaces. Reducing that amount to 18 could cause too many problems for that area and the surrounding business. Council Member Watford moved to postpone the motion until the Janua!Y 3, 2012 meeting; seconded by Council Member Williams. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mr. Barry Kennedy, Director of Gas Operations for Florida Public Utilities Company presented a request to the Council to enter into a franchise agreement with his natural gas company. He gave a power point presentation highlighting that Chesapeake Utilities Corporation and Florida Public Utilities Company (FPUC) merged in October 2009. Chesapeake is a diversified utility company. FPUC and Peninsula Pipeline Company (intrastate gas transmission) are wholly -owned subsidiaries of Chesapeake. Chesapeake is publicly traded (NYSE: CPK). Energy delivery businesses serve over 200,000 customers in five states. DECEMBER 6, 2011 - REGULAR MEETING - PAGE 11 OF 12 � 4 I 1 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED. E. Discussion pertaining to a proposed franchise agreement with Chesapeake dates to the original Dover, Delaware gas company formed in 1859. FPUC has offered service to Florida Florida Public Utilities Company for the manufacture, transmission, consumers since 1929. FPUC provides natural gas, propane and electric service in 30 Florida counties. All FPUC distribution, transportation and sale of natural, manufactured, or natural gas and electric operations are regulated by the Florida Public Commission. Mr. Kennedy explained his mixed gas continued. company wishes to connect to the existing Cemetery Road natural gas line and expand their production along Parrott Avenue South to the Lake, including a portion of Park Street (State Road 70) to Highway 98 going West and 13th Avenue going East. His company has looked at Okeechobee many times over the years and has only recently found it to be economical to bring the expansion. Following discussion, Mayor Kirk instructed Administrator Whitehall and Attorney Cook to meet with Mr. Kennedyto draft aproposed franchise ordinance for further consideration. F. Consider a request for a temporary produce stand license - Ellis Mr. Hayden's request for a temporary produce stand license was discussed during New Business Item B, proposed Haydon (Exhibit 5). Ordinance No. 1079. G. Consider a request to address a noise condition in the area of Mr. Ron and Mrs. Linda Main, of 101 Northeast 81h Avenue, addressed the Council regarding noise issues along Taylor Hammerheads - Ron Main (Exhibit 6). Creek due to events at Hammerheads Bar and Grill. Mrs. Main thanked the Police Department and City Staff for always being so prompt in addressing their noise complaints. She explained that after the last appearance before the Council, Mr. Nunez (owner of Hammerheads) constructed a fence along the back of her property and it has helped with the noise levels somewhat. She also asked the Council to consider looking at Martin County's noise ordinance in order to make enforcement easier for the police officers. She noted that they do not want to be bad neighbors, staff as Hammerheads have been doing a better job at keeping the noise down after 11:00 p.m and she is much appreciative of their help. There was no official action necessary for this item. H. Consider Park Committee recommendations - City Administrator. The Council was supplied with the copies of the Park Committee minutes from their meetings on November 8,15 and 29, 2011. The recommendation was that the City build a residential park at the property located at Southeast Ph Street and 61h Avenue. The Committee invited surrounding property owners within 1,000 foot radius to attend their meeting on November 29.Out of the 119 letters mailed, only one citizen appeared to note his consent for the park; and five sent letters stating their objections against a park. The Committee also requested that the Council consider to allow them to continue to participate in the development of this park. After discussion and each Council Member noting their support for a park, Mayor Kirk instructed Administrator Whitehall to meet with the company who had offered to prepare the conceptual plan at no charge and relay to him the vision for this park. Once the conceptual drawing/site plan is complete, the Park Committee needs to meet to review it for their recommendation. All this will be forwarded to the City Council for final consideration as well as identifying what in -kind services are being offered by the community, possible grants the City could apply for and what funds could be available from the City. DECEMBER 6, 2011 - REGULAR MEETING - PAGE 12 OF 12 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. I. Motion to appoint Daryl Roehm to the General Employees/OUA 11 Council Member O'Connor moved to appoint Mr. Daryl Roehm to the General Employees/OUA Pension Board, term Pension Board, term being December 6, 2011 - December 31, 2015 being December 6, 2011 - December 31, 2015; seconded by Council Member Watford. - City Clerk. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. X. ADJOURN MEETING - Mayor. III There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 9:13 p.m. The next regular scheduled meeting is January 3, 2012 at 6:00 p.m. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Lane miotea,. CM , City Clerk CITY OF OKEECHOBEE DECEMBER 6, 2011 REGULAR CITY COUNCIL MEETING - LANE'S MINUTES CALL TO ORDER - Mayor: December 6, 2011 City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Bruce Simpson of the First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present: Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson Absent: IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present a 30-Year Longevity Service Award to Alfred Fisher. Mr. Fisher was not present to receive his plaque for his 30 years of service. Mr. Fisher retired on November 17, 2011. B. Present a 15-Year Longevity Service Award to Donald Hagan. Police Lt. Hagan was presented with a certificate of longevity which read: In appreciation for your 15 years of hard work and dedication with the City of Okeechobee, November 22, 1996 through November 22, 2011, service is the lifeblood of any organization. Everything flows from it and is nourished by it. The City and your fellow citizens have benefitted greatly by your performance" he was also present with an engraved crystal mantle clock. Mr. Hagan thanked the Mayor and Council. C. Present a 5-Year Longevity Service Award to Steve Weeks. Mr. Steve Weeks, Jr. was not present to receive his Certificate of Longevity for five years of service and an engraved cross pen. The commendation will be forward to Chief Smith to present. D. Present a Certificate of Appreciation for service on the Code Enforcement Board and the OUA Board to Frank Irby. A Certificate of Appreciation was presented to Mr. Frank Irby, who recently resigned from the citizen boards due to his appointment to the Board of County Commissioners by Governor Scott. The certificate read:" In recognition of your service to the community, the City and you fellow citizen have benefitted greatly by your unselfish dedication in the performance of your duties which serving on the Okeechobee Utility Authority Board of Directors from December, 2004 to November, 2011 and the City Code Enforcement Board, from May 22, 2002 to November 23, 2011." Mr. Irby thanked the Mayor and Council for allowing him to serve the community on these boards. 0 E. Present a Certificate of Compleon from the Institute for Elected Municipal Officials to Devin Maxwell. Mayor Kirk presented a Certificate of Completion for the basic Institute for Elected Municipal Officials by the Florida League of Cities. Council Member Maxwell recently completed 18 hours of class time and is now eligible to attend the advance institute. V. MINUTES - City Clerk. A. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the November 1, 2011 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. WARRANT REGISTER - City Administrator. A. Council Member Watford moved to approve the October 2011 Warrant Register in the amounts: General Fund, three hundred thirty-nine thousand, five hundred forty-one dollars and seventeen cents ($339,541.17); Public Facilities Improvement Fund, eleven thousand, six hundred twenty-five dollars and fifty-seven cents ($11,625.57); Capital Improvement Projects Fund, six thousand, two hundred sixty-four dollars and zero cents ($6,264.00); Community Development Block Grant Fund, five thousand dollars and zero cents ($5,000.00); and Law Enforcement Special Fund, one hundred fifty dollars and zero cents ($150.00) and the he November 2011 Warrant Register in the amounts: General Fund, four hundred forty-six thousand, eight hundred seventy-two dollars and seventy-nine cents ($446,872.79); Public Facilities Improvement Fund, ninety-five thousand, eight hundred forty dollars and nine cents ($95,840.09); Capital Improvement Projects Fund, four thousand, six hundred thirty-one dollars and ninety-seven cents ($4,631.97); and Community Development Block Grant Fund, five thousand, seven hundred ninety-seven dollars and zero cents ($5,797.00); seconded by Council Member Williams. There was no discussion on this item. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Move New Business item C to the beginning of new business to accommodate Attorney Ramunni's schedule. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor 6:10 p.m. A. 1. a) Council Member Watford moved to read by title only proposed Ordinance No. 1077, amending the Comprehensive Plan Future Land Use Map regarding Application No. 11-001-SSA, submitted by Lisa Sherman on behalf of property owner Good Care Home, Inc. for property located at 204 SE 7th Street, from Single Family to Multi Family - City Planning Consultant (Exhibit 1); seconded by Council Member Williams. b) Vote on motion to read by title only. AL9)I: KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1077 by title only: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO MULTI -FAMILY; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Williams moved to adopt proposed Ordinance No. 1077; seconded by Council Member Watford. b) Public discussion and comments. Future Land Use Map Amendment Application No. 11-001-SSA was initiated by the property owner, who is proposing to amend the land use designation to allow multi -family uses on the property so that the current structure can remain on the property and be sold and used legally as a conforming two-family structure. The property has been, over the years, used as a single family residence, a two-family residence, an assisted living facility and an elderly board home. However, the legally permissible use of the structure is a single-family home. The Planning Board reviewed the application and Planning Staff Report at their November 17, 2011 meeting and voted unanimously to recommend approval based on the findings within the Planning Staff Report. Findings were: Consistency with the Land Use Categorized and Plan Policies. As prescribed by the Comprehensive Plan, specifically Policy 2.1(b), permitted uses in the mulit-family residential future land use category include apartments, duplexes, condos, single family houses and public facilities. The maximum density is 10 units per acre. Therefore the owner could put up to eight multi -family dwelling units on the property provided all applicable provisions of the Land Use Development Code are met. There are adequate public facilities for the proposed use including roadways, potable water, sanitary sewer, solid waste, and drainage. The requested designation is consistent with the policies the City has been following with regard to lands similarly situated. It is also consistent with the direction indicated in the recently adopted Evaluation and Appraisal Report which envisions lands within the second blocks of the commercial corridor to be developed for light types of commercial use or in multi -family use which is an appropriate buffer between the heavier commercial uses along the major arterial's and nearby less intense residential uses. In that respect a multi -family designation is compatible with the adjacent mobile home and nearby single-family uses. Mayor Kirk asked whether there were any questions or comments from the public. There were none, Maxwell noted his concerns to preserve the single family designations within each quadrant and whether this area should be considered for the two -block mixed use off the commercial corridor. As noted above, Mr. Brission recommended that this would be the appropriate use. Watford asked whether any of the surrounding property owners had noted their objections, there were none. Administrator Whitehall added there have been some compliance issues with the property and the change in the land use would solve those problems. This property also has a pending rezoning application for consideration. c) Vote on motion. KIRK - YEA MAXWELL - NO O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:27 p.m. VIII. NEW BUSINESS. 0 C. Discussion pertaining to the Carter Pritchett billboard issue - Attorney Steve Ramunni. Three pending litigations, permitting of two billboards in different parts of the city, the original permit was issued by the city involving litigation, west side of the park, second the property on North Parrott Avenue. Settlement negotiations, trying to resolve the cases, clients removed request for one of the two applications, a new location was put to go out and locate, as a result entered into settlement negotiations, drop law suit, reapply billboard on East side of Taylor Creek and current billboard refurbished, original 2 applications, two vested site applications in the pipeline, hopefully we don't have to go back to that, want you to ratify the settlement agreement, client whet out to find location east of Taylor creek, identified and meet legal requirements and that is the West parameter of the mobile home sales, about a year or so ago, held an executive session, city would get back with me, October 2010 counter -proposal, tweaked somewhat, client when to property owner, violate spacing requirements, other issue willing to take billboard and put a ten year window making them a non -conforming use, attempted to try to get some resolution. Respectfully ratifying the settlement agreement and location remain the same, property on East side of Taylor Creek with 20 year life span of the sign. Attorney Cook, we met, letter from Shearman outlining the meeting. Settlement, municipal legal work, cannot bind the city, the council has to approve it, Cook & Whitehall settlement do not recommend you approve or reject it, haven't looked at it in over a year, 30 days to give final answer, suggest 45 days within the holidays, Shearman retained by PRM of the city's liability, not privy to all his idea's, when it comes to lawsuits no one is going to give you a diffient answer to win or loose, if we loose can we live with a billboard at the country cooler? Why we came up with another site alternative, if we agree it will resolve the litigation, can act tonight if you wish, or we can get you a copy and get an answer to steve to him right after the first of the year. Steve, agree with what john's saying, you can also meet in executive session, be willing to come back to another meeting, don't think it resolves a formal vote, tolling agreement, Kirk, will follow what our attorney said, want to look at the settlement agreement and give you an answer, either meeting in January. Watford, you said this isn't about money, Steve, my clients intent is not about they, they want their signs up, there is money involved as it relates to damages but that is not our primary focus. Kirk, so, Cook consensus to review materials consider final action at first or second meeting, do we need to have an executive session? Cook over the holidays difficult to set up a meeting where everyone can attend, Maxwell, what was the location of the second sign? 1301 North Parrott Avenue - took off the table. Refurbish the one what are you alleging the city did wrong - a permit was issued and then pulled, 3rd lawsuit was a future land use amendment. Moratorium placed on billboard signs. Time period legal non -conforming, anticipating removing the sign? No after that period of time if it was taken down you could not put it back up. January 17 or sooner if a special meeting can be called. A.1. a) Council Member Watford moved to read by title only and set January 3, 2012 as a final public hearing date for proposed Ordinance No. 1078 regarding Re -zoning Application No. 11-001-R, submitted by Lisa Sherman on behalf of property owner Good Care Home, Inc. for property located at 204 SE 7`h Street to change the Zoning classification on Lots 1-8 of Block M, Central Park, from Residential Single Family -One to Residential Multiple Family - City Planning Consultant (Exhibit 2); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1078 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Williams moved to approve the first reading of proposed Ordinance No. 1078; seconded by Council Member Watford. b) Discussion. Bill Brisson, same property as above with the future land use amendment. Recommend approve rezoning to RMF, no significant impacts of general assembly. c) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. 1. a) Council Member Watford moved to read by title only and set January 3, 2012 as a final public hearing date for proposed Ordinance No. 1079 regarding amendments to the City Land Development Regulations- City Planning Consultant (Exhibit 3); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1079 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE CITY'S CODE OF ORDINANCES INCLUDING SECTION 30-35 RELATING TO THE REQUIREMENTS FOR AND LOCATION OF COMMERCIAL SANITARY GARBAGE CONTAINERS; SECTION 66-1 DEFINITIONS, BYADDING CERTAIN NEW DEFINITIONS AND UPDATING EXISTING DEFINITIONS FOR CLARITY AND CONSISTENCY WITH OTHER PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS; SECTION 78-36 RELATING TO REQUIREMENTS FOR CERTAIN DEVELOPMENT PROJECTS TO PROVIDE SIDEWALKS ALONG STREETS; SECTIONS 90-103(1), 90-133(1), AND 90-193(2), BYADDING BED AND BREAKFAST ESTABLISHMENTS TO THE LIST OF SPECIAL EXCEPTION USES IN THE RSF 1, RSF 2, AND RMF DISTRICTS, RESPECTIVELY, SECTIONS 90-135(B)(1) AND 90-196, BY CLARIFYING THE MINIMUM YARD REQUIREMENTS FOR ZERO LOT LINE SINGLE-FAMILY DWELLINGS IN THE RSF 2 AND RMF DISTRICTS; SECTIONS 90-253(1) AND (2) AND 90-282(3) AND (5) BYADDING LAUNDROMAT AND TAKE-OUT RESTAURANT TO THE LIST OF SPECIAL EXCEPTION AND PERMITTED USES IN THE CLT AND CHV DISTRICTS, RESPECTIVELY; BY MODIFYING SECTION 90-316 TO RECTIFYAN INCORRECT REFERENCE; SECTIONS 90-342 AND 90-343 BY MOVING CAFE FROM THE LIST OF SPECIAL EXCEPTION USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT AND BYADDING CERTAIN PERSONAL SERVICE USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT, ADDING A NEW SUBSECTION 90-511(e)(6) PROHIBITING PARKING SPACES ADJACENT TO A DRIVEWAY FROM BEING CLOSER THAN 20 FEET TO THE RIGHT-OF-WAY OF A PUBLIC ROAD; SECTION 90-512 BY MODIFYING THE OFF-STREET PARKING REQUIREMENT FOR AUTOMOBILE SALES ESTABLISHMENTS; BY DELETING SECTION 90-535 IN ITS ENTIRETY AND INCORPORATING ITS PROVISIONS INTO SECTION 90-534; BY MODIFYING SECTION 90- is 573(B) TO RECTIFYAN INCORECT REFERENCE; BY MODIFYING THE TITLE OF DIVISION 9 TO INCLUDE SUPPLEMENTAL USE REGULATIONS; SECTIONS 90-693(3), 90-695(3), AND 90-696(3) BY MODIFYING THE MINIMUM SIDE AND REAR YARDS FOR COMMUNITY CENTERS, ADULT FAMILY CARE HOMES OR ASSISTED LIVING FACILITIES, AND HOUSES OF WORSHIP; BY ADDING A NEW SECTION 90-702 SETTING FORTH REGULATIONS SPECIFICALLY PERTAINING TO OUTDOOR VEHICLE SALES LOTS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Williams moved to approve the first reading of proposed Ordinance No. 1079; seconded by Council Member O'Connor. b) Discussion. Bill Brission reviewed planning board's discussion, all proposed amendments were approved to be send to the council except temporary product stands. Ellis hayden appeared before the council stating he wanted to get a license to sell produce out front at his furniture store. Cook, established use, BTR, has restroom facailities, permantent location, termporary use is what they rejected. Hayden, what they discussed had nothing to do with me since I own the property and have bathrooms, I can put it inside but I want to set tables outside in the parking lot. O'Connor made ord have produce stand only, this is an ag town, guy coming through selling furniture whatever, those we don't want, the planning board was on the wrong page, two different things. Brian - different he is saying a license, special event and a BTR, different qualifying elements. Special event license verses. Watford, had a real problem with peddlers, people come in set up in empty lot, here today gone tomorrow, that is what we want to prevent, see a difference, have an established business that wants to sell more products, don't know how we can get there, cant say go ahead, is the issue just that he's setting up in the parking lot or the items? Brian, could be both, kind of like a hybrid and we don't have that here. Kirk, has his own building, and restrooms, Rita's furniture, want to set some tables out so people will know we're selling it. Kirk, if this is something that can be worked out with the existing code then sell him a license, if not theres nothing we can do, I'm not going to vote for a peddlers license. If we have a fault its that we try to accomodate people, its made its path. Ellis get with brian to work it out, if you cant work it out with him theres nothing we can do. 14 other items, highlighted what your planning board wanted to change, maxwell, 3 additional items identified, definition of a bed and breakfast, changed laundry and modified with dry cleaner and no definition of laundry mat, RSF-2 district what are set backs, changed the set back language, service retail implied, staff recently asked about manufacturing no definition, wrote one to make it clear, suggest it be added -distributed copies of addendum to memo dated nov 18, 2011 with definition of manufactoring. Dwelling Unit in Commercial Zoning Districts. The current code allow sone dwelling unit per commercial building as a special exception within CHV and CLT districts. The recommendation is to defer making any changes to this section until the Comprehensive Plan is amended to accommodate residential use int eh Commercial Future Land Use categories. Requirement for New Development to provide Sidewalks. The current code requires that all projects, except those in residential zoning districts provide sidewalks along adjacent arterial streets, collector streets or city rights -of -way. The recommendation was to ensure clarity and consistency in implementation Section 78-36(a)(1) read, "All projects, except for those involving only one individual single-family structure,..." Eliminate Section 90-535, non-residential; buffer regulations and amend 90-534, Required residential and nonresidential buffer areas, and amend the wording within 534. Change the title of Division 9 to be Special Exception and Supplemental Use Regulations. There are several definitions lacking, or need to be better defined within the LDR's the recommendation for the additions/changes in definitions are outlined within proposed Ordinance No. 1079. Formalize a requirement for a 20-foot parking reservoir. The recommendation that no parking space accessed via a driveway from a public road be located closer than 20 feet from the right-of-way line applies only to new construction. Requirements for garbage and trash containers. The Planning Board agreed that the language is too vague and agreed to recommend the proposed changes outlined in Ordinance No. 1079. Off -Street Parking and Loading. The recommendation is to change space regulations for commercial uses, automobile sales to 1 per 400 square feet of floor area, plus 1 per 1,500 square feet of outdoor areas used for sales or display. Allow Personal Services in the Industrial Zoning District. The recommendation is that once the Comprehensive Plan is amended, that Section 90-342 be changed to add under permitted uses a cafe; barbershop, beauty shop; Dry Cleaner/laundry; Nail care; Shoe repair and Tailor; and delete cafe from the special exception uses. Clarification of minimum yards for zero lot line single family dwellings. Require traffic impact analysis to be submitted with application for special exception and site plan review. And finally, rectify incorrect references throughout the Code. c) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Consider a parking reduction request for a proposed Veteran's Medical Office located at 210 NW 51h Street - Michael Chapman, Contractor for Chapman Construction Company. Michael Chapman appeared before the city council, veterans medical office, 210 NW 5th Street, zoned right, parking was geared more to retail parking spaces rather than medical. The VA will operate the entire facility, not sub lease anything. Currenting leasing the facility. CR associates will not buy, they will lease it, do complete build out and staff, size wise, because of the square footage they cannot put another doctor. Whitehall, facility on North Parrott has nothing to do with this facility. Did I understand the TRC had alerady issued a parkign waiver for this facility? Yes, in lieu of TRC meeting they could not give a recommendation, $1000 application fee, recommend no and end up in your lap anyway. Williams we don't have a classification for a VA. What kind of a lease? Min 5 years maxium of 10. With this build out they will be there for more than 5 years, build out stays behind. Maxwell, cost of improvement? $640,000.00 CR developed a site plan for other accommodations shuttle bus? There is none, just private appointments. Does this floor plan limit the number of patients that can be seen. Will be looking for some local subs with the job. Suggest a second ingress/egress for traffic close purposes, handicapped. Watford approve a parking waiver for CR associaties for a VA clinic only at 210 nw 5"' street to allow not less than 18 parking spaces; O'Connor second. Just for the VA clinic. Ample on street parking, part of the uilidng officials review. Anita Suarez - sister works for the current VA clinic. O'Connor, never over 18 how strict with that so that it wont happen, square foot number, doctors and staff, VA pays x amount of dollars for the staff, CRA's interest no to have another doctor. Dept of defense should award the lease this month and we can start construction in January. Wondering about those numbers when we were talking about them, and if the numbers are correct this will work if not then it wont work. 5-10 years is a long time to live with a facility that is under parking requirements. Need to have a little better parking numbers are. What are the numbers at the current facility? It would give use more comfort in making this decision. Guidence from someone, VA or someone, normal medical facilities would require 40 spaces. Council Member Watford moved to postpone until January 3, 2012; seconded by Council Member Williams. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Discussion pertaining to a proposed franchise agreement with Florida Public Utilities Company for the manufacture, transmission, distribution, transportation and sale of natural, manufactured, or mixed gas - Barry Kennedy, Director of Gas Operations (Exhibit 4). Mr. Barry Kennedy, Director of Gas Operations for Florida Public Utilities Company presented a request to the Council to enter into a franchise agreement with his natural gas company. He gave a power point presentation highlighting that Chesapeake Utilities Corporation and Florida Public Utilities Company (FPUC) merged in October 2009. Chesapeake is a diversified utility company. FPUC and Peninsula Pipeline Company (intrastate gas transmission) are wholly -owned subsidiaries of Chesapeake. Chesapeake is publicly traded (NYSE: CPK). Energy delivery businesses serve over 200,000 customers in five states. Chesapeake dates to the original Dove, Delaware gas company formed in 1859. FPUC has offered service to Florida consumers since 1929. FPUC provides natural gas, propane and electric service in 30 Florida counties. All FPUC natural gas and electric operations are regulated by the Florida Public Commission. Kennedy explained that his company wishes to tap into the Cemetery Road gas line and expand their lines along Parrott Avenue South to the Lake, including Park Street (State Road 70) to Highway 98 going West and 13th Avenue going East. His company has looked at Okeechobee many times over the years and has only recently found it to be economical to bring the expansion Watford, huge investment here, assume your going to make that back? Looked at your city many times over the years, finally get it where it is financially feasible, an investment of this size has to have our board of directors, we have a preliminary approval pending the franchise agreement for final approval. Except at least 100 customers. Whitehall definition of interruptible ... are no interruptible in florida. Industrials are excluded Watford, mixed gas, natural gas, right of ways to put the lines in, heck of a construction area, that length and where your • 0 going to put them, every 8-900 feet pop up, depending where the other utilities are. All the construction would grant right of ways and still do it by your planning and permitting, smaller lines going down the side streets. what is the normal depth? 36" depends on what else is in there. Regulated by the Florida public servcie commission, safe product, marked, provide training for fire depts as well, spoke with a number of the account and proposed customers, next will be to marking staff go out and get the accounts, requirement to connect Administrator and Attorney to meet and draft a proposed ordinance. F. Consider a request for a temporary produce stand license - Ellis Haydon (Exhibit 5). Discussed during Ordinance No. 1079. G. Consider a request to address a noise condition in the area of Hammerheads - Ron Main (Exhibit 6). Mr. Ron and Mrs. Linda Main, of 101 Northeast 81h Avenue, addressed the Council regarding noise issues along Taylor Creek due to events at Hammerheads Bar and Grill. Mrs. Main thanked the Police Department and City Staff for always being so prompt in addressing their noise complaints. She explained that after the last appearance before the Council, that Mr. Nunez (owner of Hammerheads) constructed a fence along the back of her property and it has helped with the noise levels somewhat. She also asked the Council to consider looking at Martin County's noise ordinance in order to make enforcement easier on the police officers. She noted that they do not want to be bad neighbors and Hammerheads have been doing a better job at keeping the noise down after 11:00 p.m and she is much appreciative of their help. There was no official action necessary for this item. H. Consider Park Committee recommendations - City Administrator. Brian - reviewed the 3 meetings of the Park Committee minutes from their meetings on November 8, 15 and 29, 2011. The recommendation was that the City build a residential park at the property located at Southeast 7'h Street and 6th Avenue. The Committee invited surrounding property owners within 1,000 foot radius to attend their meeting on November 29.Out of the 119 letters mailed, only one citizen appeared and five sent letters stating their objections against a park. The Committee also requested that the Council allow them to participate in the development of this park. Consider recommendation - act as you see fit - confirmation there will be a park - passive/active decision - direct to seek a design, o'connor has one that has agreed to do it for free - engineer firming to do the density and survey for free - kirk - we talked in favor of the park and we need to direct staff to proceed Brian - Maxwell - committee gave all the information, did they know its back to the city. Brian - Watford - appreciate their efforts and work, hope they understand how much we appreciate their time. Based on their recommendation it needs to be a park, sufficient support to do that, if were going to move forward then we need to do that. The idea of something like that seems to be working. Agree with staff to proceed. Would like to see have some access to the creek, a pier along the creek with rails for fishing off of would be the fit within the area, fish and game commission have grants and see what they have other recreational grants that might pay for a specific item. Prudent to look into that. Need to have a plan. Kirk fishing pier great idea. Maxwell - should this be incorporated within that capital improvement item, continued involvement with open spaces, come up with a design and then identify the donated services/amenities and see what's left over to fund, perfect the design inside a passave park and determine the real costs before and then design back to the committee to keep them in. Nothing for them to do in the interim. Daryl R expressed desire with what amenities would be in the park, definition of a passive park was not clear at the meeting, why it didn't include the definition. Watford, were never come to a concensus, come a long way and don't want to push it too much, have the word residential, if its too complicated I'm going to back up on it, if its too expensive I'm going to back up on it, going to make something that shoudl be a positive thing and a dog fight over it. Come up with something we can look at. They have done what we asked them to do . Is this something we want to proceed on, now theres 10 million ways to go, think we need to make that decision and think way we need to proceed, plan put together, they review it and they can give recommendations, don't see any other way to get there. Put something together - committee review/input - present to the council Mayor Kirk instructed Administrator Whitehall to meet with the company who had offered to prepare the conceptual plan at no charge and relay to him the vision for this park Once the conceptual drawing/site plan is complete, the Park Committee needs to meet to review It for their recommendation All this will be forwarded to the City Council for final consideration as well as Identifying what in kind services are being offered by the community, possible grants the City could apply for and funds from the City. Motion to appoint Daryl Roehm to the General Employees/OUA Pension Board, term being December 6, 2011 - December 31, 2015 - City Clerk, O'Connor/Watford. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. X. ADJOURN MEETING - Mayor. There being no further items on the agenda, Mayor Kirk adjoined the meeting at 9:13 p.m. is • CITY OF OKEECHOBEE DECEMBER 6, 2011 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA I. CALL TO ORDER -MAYOR: December 6, 2011, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Bruce Simpson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present a 30-Year Longevity Service Award to Alfred Fisher. PALC.19 A-t B. Present a 15-Year Longevity Service Award to Donald Hagan jt,,i rl C. Present a 5-Year Longevity Service Award to Steve Weeks. PAGE 1 OF 4 December 6, 2011 PAGE 2 OF 4 IV, PROCLAMATIONS AND PRESENTATIONS CONTINUED. D. Present a Certificate of Appreciation for service on the Code Enforcement Board and the OUA Board to Frank Irby. E. Present a Certificate of Completion from the Institute for Elected Municipal Officials to Devin Maxwell. V. MINUTES - City Clerk. A. Motion to dispense wit the reading and approve the Summ ry of Council Action for the Novemoer 1, 2011 Regular Meeting. VI. WARRANT REGISTERS - City Administrator. A. Motion to approve the October 2011,and the November 2011 Warrant Registers. October 2011 November 2011 General Fund $339,541,17 General Fund $446,872.79 Public Facility Fund $ 11,625.57 Public Facility Fund $ 95,840.09 Capital Projects $ 6,264.00 Capital Projects $ 4,631.97 CDBG Fund $ 5,000.00 CDBG Fund $ 5,797.00 Law Enforcement Fund $ 150.00 VII. AGENDA - Mayor. / A. Requests for the addition, deferral or withdrawal of items on today's agenda. 4-t;?45� Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 6 ;1e A.1.a) Motion to read by title only proposed Ordinance No.1077, amending the Comprehensive Plan Future Land Use Map regarding Application No. 11-001 -SSA, submitted by Lisa Sherman on behalf of property owner Good Care Home, Inc. for property located at 204 SE 71' Street, from Single Family to Multi Family - City Planning Consultant (Exhibit 1). t/' b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1077 by title only. December 6, 2011 PAGE 3 of 4 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.2.a) Motion to adopt Ordinance No.1077. Z�j:Lij'a u&, b) Public Comments and Discussion. T txq c) Vote on motion. CLOSE PUBLIC HEARING. IX. NEW BUSINESS. A 1,a.) Motion to read by title only and set January 3, 2012 as a final public hearing date for proposed Ordinance No.1078 regarding Re -zoning Application No. 11-001-R, submitted by Lisa Sherman on behalf of property owner Good Care Home, Inc. for property located at 204 SE 7`h Street to change the Zoning classification on Lots 1-8 of Block M, Central Park, from Residential Single Family -One to Residential Multiple Family - City Planning Consultant (Exhibit2). IC'W,�Cy',',�L'� b) Vote on motion to read by title only and set final public hearing date. �t c c) City Attorney to read proposed Ordinance No.1078 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No.1078. �%�/ln�,�&e b) Discussion. Ol9 l� " o S fi /-1 c) Vote on motion. B.1.a.) Motion to read by title only and set January 3, 2012 as a final public hearing date for proposed Ordinance No.1079 regarding amendments to the City Land Development Regulations- City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date._ c) City Attorney to read proposed Ordinance No.1079 by title only. December 6, 2011 PAGE 4 of 4 IX. NEW BUSINESS CONTINUED. B.2.a) Motion to approve the fiat read) of proposed Ordinance No.1079. C� k)il�ti.. v: �/ t b) Discussion. c) Vote on motion. U C Discussion pertaining to the Carter Pritchett billboard issue - Attorney Steve Ramunni. D. Consider a parking reduction request for a proposed Veteran's Medical Office located at 210 NW 5� Street - Michael Chapman, Contractor for Chapman Construction Company 11 E. Discussion pertaining to a proposed franchise agreement with Florida Public Utilities Company forthe manufacture, transmission, distribution, transportation and sale of natural, manufactured, or mixed gas - Barry Kennedy, Director of Gas Operations (Exhibit 4). Consider a request for a temporary produce stand license - Ellis Haydon (Exhibit 5). G. Co sider a request to address a noise nditio in the a a of Hamm rheads -, ton MailExhibit6}. ,� Ct1v� �r1 / /t% � a ��.��=�-a� ��� �1��r. ��t..� q- �A�& �"z`!� 1 r H. Consider Park Committee recommendations - City Administrator. Motion to appoint Daryl Roehm to the General Employees/OUA Pension Board, term being December 6, 2011- December 31, 2015 - City Clerk. 1 fly X. ADJOURN MEETING. C ` PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council 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, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk. pp-/q- / / - � 6 ss,4 , ityl AL, nL� Wl �. 6— ✓'�i.�.l��a-c�-L -- C'�i, � � k=�l�-�%ZU �.,✓� � �( i" L U�'s'q (�-b-r- J �,.✓✓ l�-�0..�� � C�-e�,�a�:��;k_ 'mil t:?�/'Q-( �r �- �,�--�- 0 Ac C, 0-1-atA, C,7/— CL�j • PI/y- AA0 0 cf� / I Aziu6tu�- I) /m p -7L br- lot, Au 6�6 W- 41" 0 ,/Vj) - E / rL -,jq 0 0 • • o 36 ai hl(- Aa / L(o tr /X*OLk IL"4 CY Auym" ex G/P P�ulle ct-y-", • • l tit tic G J _ '` - • on Presented To rd bonald Ha�l In Appreciation for Your 15 Yearo of Hard Work and Dedication With the City of Okeechobee November 22,1996 through November 22, 2011 Service ie the lifeblood of any organization. Everything flows from it and ie nouriehed by it, �-,_ _ r ;y and Your rellow Citizens have Benefitted Greatly by Your Performance, Prer7ented this 6th day of December, 2011 C Lone 601114rya. C i y C.'lrxrk 0 41 evit�'ervlcefivardOng PresenteA To Step I e Weeks, j r, In Appreciation for Your 5 Years of Hard Work and Dedication With the City of Okeechobee November 3, 2006 through November 3, 2011 Service is the lifeblood of any organization. Everything flows from it and is nourished by it. Your Fellow Citizens have Benefitted Greatly by Your Performance. Presented this 6th day of December, 2011 hrrrrc E. Kirk. Mayor Lail, 60[11i4c o. Cary Clerk 0 0 1 Office of the Mayor, City of Okeechobee, Florida Extends this Expression of Appreciation to Frank In recognition of your service to the community, the City and your fellow citizens have benefitted greatly by your unselfish dedication in the performance of your duties while serving on the Okeechobee Utility Authority Board of Directors December 2004 to November 2011 City Code Enforcement Board May 22, 2002 to November 23, 2011 Given on Behalf of the City Council this 6`h day of December, 2011. In witness whereof I have hereunto set my hand and caused this seal to be affixed James E. Kirk, Mayor Attest: 5 L e Garru'otek CMC, City Clerk Ah Z 301 South Bronough Street • Suite 300 • P.O. Box 1757 • Tallahassee, Fl. 32302-1757 • (850) 222-9684 • Fax (850) 222-3806 • www.flcities.com November 4, 2011 Ms. Lane Gamiotea City Clerk, City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974-2903 Dear Ms. Gamiotea: Enclosed is a Certificate or Certificates of Completion to be awarded to the elected officials of the City of Okeechobee for completion of the 2011 Institute for Elected Municipal Officials held October 14-16, 2011 in Tampa, Florida. We ask that the Certificate be presented as an agenda item for your next council meeting and be formally recorded in the minutes. We believe the importance of completing the Institute for Elected Municipal Officials training should be known to key officials and your community. Thank you so much for your cooperation on this. If you have any questions, please don't hesitate to call me at (850) 701-3619. Sincerely, it Dennard Membership Development Florida League of Cities Enclosure 18hMIS President Patricia J. Bates, Mayor, Altamonte Springs First Vice President Manny Morono, Mayor, Sweetwater • Second Vice President P.C. Wu, Council Vice President, Pensacola Executive Director Michael Sittig • General Counsel Harry Morrison, Jr. 0 W(-, er«< kss-t v Councilman Oh- WkIll Sponsor • EXHIBIT 1 DEC 6, 2011 ORDINANCE NO. 1077 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN,ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAINTRACTOF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILYTO MULTI -FAMILY; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues provides for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 11-001-SSA), submitted by Lisa Sherman, on behalf of property owner, Good Care Home, Inc., for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on November 17, 2011, which determined such application to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part Il, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.843 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Ordinance No.1059 - Page 1 of 3 a. Application No. 11-001-SSA, from Single Family to Multi -Family. The Legal Description of Subject Property is as follows: PARCEL ONE: LOTS 1 TO 5, INCLUSIVE, AND THAT PART OF LOT 6 LYING EAST OF SOUTHEAST 2ND AVENUE AND THE NORTH ONE-HALF OF THE ALLEY ADJACENT TO SAID LOTS 1 TO 5 AND THAT PART OF LOT 6 AND THE WEST ONE-HALF OF THAT PART OF CHEROKEE STREET LYING ADJACENT TO LOT 1 (CLOSED BY ACTION OF CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA, IN ORDINANCE NO. 332 AND BY OKEECHOBEE COUNTY COMMISSION BY RESOLUTION RECORDED IN O.R. BOOK 128, PAGE 358, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA) ALL IN BLOCK M, IN THE SUBDIVISION OF CENTRAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 39, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL TWO: LOT 7 LYING EAST OF SOUTHEAST 2ND AVENUE AND ALL OF LOT 8, AND THE SOUTH ONE-HALF OF THE ALLEY ADJACENT TO SAID PORTION OF LOT 7 AND ALL OF LOT 8 AND THE WEST ONE-HALF OF THAT PART OF CHEROKEE STREET LYING ADJACENT TO LOT 8 (CLOSED BY ACTION OF CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA, IN ORDINANCE NO. 332 AND BY OKEECHOBEE COUNTY COMMISSION BY RESOLUTION RECORDED IN O.R. BOOK 128, PAGE 358, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA) ALL IN BLOCK M, IN THE SUBDIVISION OF CENTRAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 39, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended March 3, 2009", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No.1077 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and final public hearing on this 6T" day of December, 2011. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk Ordinance No.1077 - Page 2 of 3 ADOPTED after first reading on the 61h day of December, 2011. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1077 - Page 3 of 3 NOVEMBER 17, 2411- PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS -PAGE 2 OF 4 II AGENDA III ACTION - DISCUSSION -VOTE II V. CONSIDER PETITIONS AND APPLICATIONS- Chairperson, A. Application No. 1 1-001-SSA submitted by Lisa Sherman on behalf of property owner Good Care Home, Inc. for property located at 204 SE 7th Street to change the Future Land Use classification on Lots 1-8 of Block M, Central Park, from Single Family to Multi Family - City Planner. N 4 5, 6. Hear from Planning Staff. Hear from the Property Owner or designee/agent. Open Public Hearing for comment. Close Public Hearing - Chairperson. Board Discussion. Consider motion and vote. Mr. Brisson presented the Planning Staff Report of approval, stating this property has been, over the years, variously used as a single-family residence, a two-family residence, an assisted living facility, and an elderly boarding home. Some of the uses may or may not have been completely allowed under the code, butthe applicant has since taken care of some problems that existed previously. The applicant has requested a Land Use Amendment so in essence they can sell what is now a two family unit with a legitimate Land Use and Zoning Designation as a two family home. The unit is basically non -conforming at this time. It does actually fall within the Commercial Corridor and in this area could only be rezoned to either Light Commercial (CLT),Commercial Professional Office (CPO) or Residential Multi Family (RMF). Since this would be in line with everything proposed under the Comprehensive Plan, he suggested the Land Use and Rezoning changes. It meets all the essential requirements and there are no problems with the ability of public facilities to handle the property. The property would be considered a compatible use to have a Multi -Family designation next to'. a mobile home park. The applicant wants at this time to just maintain the property to sell. However, the owner would not be limited to this use should the Land Use Amendment and Rezoning be granted this will allow redevelopment of the property with Multi -Family dwellings. Wes Abney, designee for the Property Owner, Good Care Home, Inc. was present for questions from the Planning Board. No comment. Chairperson Hoover closed the Public Hearing. No discussion. Vice -Chairperson Burroughs moved to approve Application No. 11-001-SSA submitted by Lisa Sherman on behalf of property owner Good Care Home, Inc, for property located at 204 SE 7" Street to change the Future Land Use classification on lots 1-8 of Block M, Central Park, from Single Family to Multi Family; seconded by Board Member Ritter. November 17, 2011 - Planning Board/Board of Adjustment and Appeals - Page 3 of 4 AGENDA ACTION - DISCUSSION - VOTE V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. A. Application No. 11 -001 -SSA continued. 6. Consider motion and vote continued. B. Petition No. 11-001-R submitted by Lisa Sherman on behalf of property owner Good Care Home, Inc. for property located at 204 SE 7" Street to change the Zoning classification on Lots 1-8 of Block M, Central Park, from Residential Single Family - One to Residential Multiple Family - City Planner. 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee/agent. 3. Open Public Hearing for comment. 4. Close Public Hearing - Chairperson. 5. Board Discussion. 6. Consider motion and vote. HOOVER -YEA BURROUGHS-YEA BRASS -YEA KELLER-NAY LUVIANO -ABSENT MCCOY - YEA RITTER - YEA MORGAN - YEA MOTION CARRIED Mr. Brisson presented the Planning Staff Report of approval stating this was the same parcel that was just discussed and that the applicant has met all the requirements. The Residential Multiple Family District is compatible with the Multi Family Land Use. WesAbney, designee forthe Property Owner, Good Care Home, Inc. was present for questions from the Planning Board. I No comments. Chairperson Hoover closed the public hearing. No discussion. Vice -Chairperson Burroughs moved to approve Application No. 11-001-R submitted by Lisa Sherman on behalf of property owner Good Care Home, Inc. for property located at 204 SE 7`h Street to change the Zoning classification on Lots 1-8 of Block M, Central Park, from Residential Single Family - One to Residential Multiple Family; seconded by Board Member McCoy. • • City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Fax: 863 763-1686 Date: 10-3-H Petition No. Fee Paid: �L �t j �j Jurisdiction: F C-['_ 1" Hearing: _ t'/_� � 2° Hearing: ;Z Publication Dates: Notices Mailed: TO BE COMPLETED BV CITY STAFF: Verified FLUM Designation: Verified Zoning Designation Plan Amendment Type APPLICANT PLEASE NOTE: 15- WST I ❑ Large Scale (LSA) involving over 10 acres or text amendment Q Small Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and/or other indices of economically distressed communities. Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. Date *Attach Notarized Letter of Owner's Authorization Signature of Owner or Authorized Representative* For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 1 of 7 Applicaton for Comprehensive Pl, mendment (6/09) I. APPLICANT/AGENT/OWNER INFORMATION Good Care Home, Inc Applicant 111 East Park St. Address Lake Placid FI. 33852 City State Zip 863-465-2835 863-465-3323 isashermancpa(a).embargmail.com Telephone Number Fax Number E-Mail Lisa Sherman (Officer of Corporation) Agent* 111 East Park Address Lake Placid FI 33852 City State Zip 863-465-2835 863-465-3323 lisashermancpa(a-)-embargmail.com Telephone Number Fax Number E-Mail Good Care Home, In Owner(s) of Record 111 East Park St. Address Lake Placid FI. 33852 City State Zip 863-465-2835 863-465-3323 lisashermancpa(a)-embargmail.com Telephone Number Fax Number E-Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 2 of 7 Applicaton for Comprehensive Plan *dment (6/09) • ll. REQUESTED CHANGE (Please See Section V. Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment ® Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): Requesting a future land use change from Single -Family to Multi -Family A. PROPERTY LOCATION: 1. Site Address: 204 SE 7rh Street Okeechobee 2. Property ID #(s): 3-22-37-35-0030-OOOMO-0010 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) I . Total Area of Property: .843 acres (36,721 S.F.) 2. Total Area included in Request: .843 acres (36,721 S.F.) a. In each Future Land Use (FLU) Category: (1) Single Family, 0.843 acres (36,721 S.F.) (2) (3 ) (4) b. Total Uplands: .843 acres (36,721 S.F.) C. Total Wetlands: For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive PI mendment (6/09) 3. Current Zoning RSF1 4. Current FLU Category: Single -Family 5. Existing Land Use: Single-Famil 6. Requested FLU Category Multi -Family D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential S.F. M.F. Density (DU/Acre) 4 d.u./acre 10 d.u./acre Number of Units 3 8 Commercial (sq. ft.) NA NA Industrial (sq. ft.) NA NA IV. AMENDMENT SUPPORT DOCUMENTATION At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. A. GENERAL INFORMATION AND MAPS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. 5. Map showing existing zoning of the subject property and surrounding properties. 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 4 of 7 Applicaton for Comprehensive Plan Odment (6/09) • 7. A copy of the deed(s) for the property subject to the requested change. 8. An aerial map showing the subject property and surrounding properties. 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. C. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten-year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept, at (863)-763-3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive P. \mendment (6/09) 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; b. Water and Sewer; C. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of. 1. Wetlands and aquifer recharge areas. 2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. 5. Floodprone areas. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Discuss how the proposal affects established City of Okeechobee population projections. 2. List all goals and objectives of the Bonita Springs Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 6 of 7 Applicaton for Comprehensive Plan *ndment (6/09) 01 E. JUSTIFICATION OF PROPOSED AMENDMENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. V. FEE SCHEDULE Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) $850.00 plus $30.00 per acre Text Amendment Flat Fee $2,000.00 each 1, ,C,/ga 01Jjfl Wd 4 , certify that I am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application. Signature of Owner or Authorized Agent Date ,L" 15ar `Sher 4•-� Typed or Printed Name STATE OF COUNTY OFC{ The foregoing instrument was certified and subscribed before me this day of 20 11 , by J.._..�. who i personally nown to me' or who has produced as identification.-_- BETHANIE L. ARROWOOD MY COMMISSION*DO995645 Notary Public EXPIRES: DEC 09, 2012" Bonded through 1st State Insurance e4 f4 Printed Name of Notary Public Commission Expires on:�- For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 7 of 7 IV. Amendment Support Documentation Responses A. General Information and Maps 1. N/A 2. See attached 3. See attached 4. The property has been, over the years, variously used as a single-family residence, a two-family residence, an assisted living facility, and an elderly boarding home. However, the legally permissible use of the structure remains a single-family home. The request for a Future Land Use Designation is intended to allow the structure to be sold and used as a legally conforming two-family structure. This request is consistent with the City's approach to multi -family use being allowable within two blocks of the City's major north -south arterial, as expressed in the City's most recently adopted EAR. 5. See attached 6. See attached 7. See attached 8. See attached B. Public Facilities Impacts Traffic Generation Although the intent is to retain the two existing attached dwelling units on the property, the potential impacts of the requested change are based on the maximum development poten- tial that could occur under the new Future Land Use (FLU) and zoning designations. Changing the property's Future Land Use (FLU) designation from Single -Family to Multi - Family for this 0.843 acre parcel would increase the allowable density from four to ten dwelling units per acre. If the parcel were to be subdivided under the current Future Land Use designation and zoning, up to three single-family dwelling units could be accommo- dated. Under a Multi -Family FLU designation, a total of eight dwellings would be possible. The Institute of Traffic Engineers' Trip Generation Manual estimates 1.01 trips in the peak - hour per single-family dwelling and 0.52 per multi -family dwelling. Therefore, three single-family dwelling units would generate about three trips in the peak hour compared to just over four trips in the peak hour for eight multi -family units. This is a negligible increase in maximum potential traffic generation. Demand for potable water and sanitary sewer services. The adopted level of service is 114 gallons per person per day for potable water. For computation purposes, we can assume an average of two persons per multi -family dwelling unit and three persons per single-family unit. Therefore, three single-family units would generate demand for about 1,026 gallons of potable water per day. With eight multi -family units, maximum daily demand would be about 1,824 gallons per day. This would represent a slight increase in demand that is insignificant in light of the ability of the Okeechobee Utility Authority (OUA) to meet its water supply obligations. In residential situations, sanitary sewer demand is usually in proportion to the demand for potable water. Consequently, one would not expect the minor increase potential demand for sanitary sewer treatment to have any significant impact upon the capacity of OUA's sewer facilities. Demand upon recreation facilities and school facilities. At a level of service of three acres per thousand residents, the potential increase in popula- tion from nine to 16 persons would have no noticeable effect upon the need for recreation space or facilities within the City. Similarly, such a slight increase in population would result in a negligible number of school age children. C. Environmental Impacts The property is located in a built up area of the City and contains two attached residential units. There are no wetlands on the property and no unique habitat or endangered species of plants or wildlife. Soils are typical of those throughout the City of Okeechobee and do not present any special problems. D. Internal Consistency with the Comprehensive Plan The City has been considering creating a transitional commercial overlay in its Compre- hensive Plan. This was described in the City's adopted Evaluation and Appraisal Report (EAR) and generally included the area within two blocks on either side of US 441 and SR 70. This area has been generally referred to as the "Commercial Corridor". One of the policies proposed in the EAR was to allow properties in the outer (second) blocks of the Commercial Corridor to be rezoned to the lower intensity commercial designations of CLT and CPO, or to RMF (multi -family). RMF is considered appropriate as a buffer between commercial along the major roadways and less intense residential uses beyond the second block. The property at 204 SE 7th Street falls within the outer block of the commercial corridor. This means that the City has already suggested in the EAR that properties situated in this manner could be expected to be identified in the Comp Plan as part of the transitional commercial overlay. Consequently, one could expect favorable consideration of requests to designate the land Commercial or Multi -Family on the Future Land Use Map with subsequent rezoning to CLT, CPO, or RMF, as may be appropriate. The property has been, over the years, variously used as a single-family residence, a two- family residence, an assisted living facility, and an elderly boarding home. However, the legally permissible use of the structure remains a single-family home. The request to change the Future Land Use designation from Single -Family to Multi - Family with an associated rezoning from RSFI to RMF is therefore consistent with the Comprehensive Plan and the emerging land use pattern as envisioned in the Plan and recently adopted EAR. The request is specifically consistent with following Objectives in the Future Land Use Element. "Objective 1: The location of future development in the City of Okeechobee shall continue to be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and typography." Objective 2: The City of Okeechobee shall continue to ensure that all new development is consistent with the Future Land Use Element." The requested change does not affect any properties in the unincorporated area and no Regional Policy Plan goals or policies are relevant. E. Justification The proposed small scale development activity amendment is particularly justified by the fact that approval of the request is consistent with the City's approach to transitional development within two blocks of its major arterial roadways as expressed in its adopted EAR. • Stop• rmdto N..b= 3-22-37-35-0030-OOOMO-0010 cam"M #1 TIM w"ranty need This Indenture, Made this a 3 day of ID ( ,19R q Am., Between CHRISTINE P. JOHNSTON, Individually and as Settior of that certain Declaration of Trust dated November 26, 1969, which was revoked at least ten (10) years ago, , grantor, am GOOD CARE HOME, INC., a corporation existing under the laws of the state of Florida whoseaddresaislll Park Avenue East, LAKE PLACID, Florida 33852 , grantee. Wltnesseth that the GRAwoiz, for and in omla kution of the sum of — — — — — — — — — — — — — - - - - - - - - - - TEN & NO/ 100 ($10.00 ) - - - - - - - - - - DOLLARS, and other @ood and valuable cooaderaboa to GRANTOR in hand paid by GRANTEE, the recapt whereof is hereby admowkAged, Gas granted, bargained and sold to the said GRANTEE and GRAN EE's amexssus and astigos forever, the following derubed land, situate, ryin and being in the c«mly of Okeechobee acme of Florida to wit: PARCEL ONE: Lots 1 to 5 inclusive, and that part of Lot 6 lying East of SE 2nd Avenue and the N-1/2 of the alley adjacent to said Lots 1 to 5 and that part of Lot 6 and the W-1/2 of that part of Cherokee Street lying adjacent to Lot 1 (closed by action of City Council, City of Okeechobee, Florida, in Ordinance No. 332 and by Okeechobee County Commission by Resolution recorded in O. R. Book 128, Page 358, Public Records of Okeechobee County, Florida) all in Block M, in the subdivision of CENTRAL PARR, according to the plat thereof recorded in Plat Book 2, Page 39, Public Records of Okeechobee County, Florida. PARCEL TWO: Lot 7 lying East of SE 2nd Avenue and all of Lot 8, and the S=1/2 of the alley adjacent to said portion of Lot 7 and all of Lot 8, and the W-1/2 of that part of Cherokee Street lying adjacent to Lot 8 (closed by action of City Council, City of Okeechobee, Florida, in Ordinance No. 332 and by Okeechobee County Commission by Resolution recorded in O. R. Book 128, Page 358, Public Records of Okeechobee County, Florida) all in Block M, in the subdivision of CENTRAL PARR, according to the plat thereof recorded in Plat Book 2, Page 39, Public Records of Okeechobee County, Florida. Subject to restrictions, reservations, easements and assessments of record, if any, and real estate taxes for the year 1994 and subsequent years. The above described real property does not constitute any portion of the homestead of the Grantor named herein. Subject to that certain Nbrtgage dated August 27, 1982, recorded in Official Records Book 250, Page 911, Public Records of Ckeechobee County, Florida. and the grantor does hereby fully warrant the rite to said land, and will defend the same against lawful daims of all persons whomsoever_ .icranty "eed - 2 e0c�t 3f pace 1431 [kooe! m N—b= 3 37-35-0030-OOOMO-0010 In witness Where0 a gFantor has hereunto set her hand and seat the day and year first above wnuten. S' ance: d presen ram 1 Pr' t d N e:_ 1 FFjr-1-4AJ CHRISTINE P OHNSTON Wi ss P.O. Address 2D4 S. H 7th Street Okeechobee, FL 33474 Printed Name: Witness STATE OF FLORIDA COUNTY OF OKEECHOBEE The ftMPin8 inshnaxnt was ackW.iodred be. the this day of (� � 19 °1 V by CHRISTINE P. JOHNSTON, who is pcVxwatty kamn to me or who has produced her {- „v as kkatificabon. This Document Prepared Sy SWAOMAMEARM ATrORWYSATIAW 212RInWAMBOUIBYARD POWORUMBOX50 LMM P[ACU), FL 39 GL ElEi�i( OF Printed NOTARY PLMUC My Commimm F.xpins � OdERS a Radft MY Canna F� DaL 27 t997 Cmm t OC 31'_�4 EHSONALLY IW0NMWN tiY ME 13 PRMUCED LD, JOHNSTON www.sunbiz.org - Department of State Home Contact Us E-Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation GOOD CARE HOME INC. Filing Information Document Number P94000058071 FEI/EIN Number 650533876 Date Filed 08/04/1994 State FL Status ACTIVE Principal Address 206 S.E. 7TH STREET OKEECHOBEE FL 34974 US Changed 01/13/1995 Mailing Address 111 EAST PARK STREET LAKE PLACID FL 33852 US Changed 04/06/2007 Registered Agent Name & Address SHERMAN, LISA 111 EAST PARK STREET LAKE PLACID FL 33852 US Name Changed: 04/06/2007 Address Changed: 04/06/2007 Officer/Director Detail Name & Address Title DPST SHERMAN, LISA 111 EAST PARK STREET LAKE PLACID FL 33852 Annual Reports Report Year Filed Date 2010 04/27/2010 2011 04/27/2011 2011 09/28/2011 Document Searches http://www. sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=P9400005 80... 10/4/2011 Okeechobee County Property Appraiser W.C. Bill' Sherman, CFA - Okeechobee, Florida - 863 763-4422 PARCEL. 3-22-37-35 0030-OOOMO-0010 - MULTI-FAM (000300) CENTRAL PARK LOTS 1 TO 8 LESS RAN & ADJACENT ALLEY & W 1/2 OF SE 3RD AVE LYING ADJACENT TO LOTS 1 & 8 BLOCK M Name: MARKHAM LEE ANITA (LIFE EST) Landval $73,600.00 Site: 204 SE 7TH ST, OKEECHOBEE BldgVal $50,117.00 C/O LISASHERMAN ApprVal $124,138.00 Mail: 111 PARK AVENUE EAST JustVal $124,138.00 LAKE PLACID, FL 33852 Assd $124,138.00 9 82 164 246 4t r� Sales Exmpt $0 00 , Info Taxable $124,138.0011 This information, CAMA updated: 9/2212011, was derived from data which was compiled by the Okeechobee County Property Appraisers Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. of 1 10/03/2011 10:09 AM • Staff Report Small Scale Comprehensive Plan Amendment (-,I'tv of be,.,e Staff Report Applicant's Name., Good Care Home, Inc. Small Scale Comprehensive Plan Amendment Petition No. 11-001-SSA General Information Owner/ Applicant: Applicant Address: Site Address: Contact Person: Applicant/Contact Phone Number: Good Care Home, Inc Lisa Sherman, Agent 111 East Park Street Lake Placid, FI 33852 204 SE 7th Street Lisa Sherman 863-465-2835 863-465-3323 fax Future Land Use Map Classification Zoning District Use of Property Acreage Legal Description of Subject Property Existing Single -Family RSF-1 Attached two-family dwelling 0.843 (36,721 sf) Proposed Multi -Family RMF Attached two-family dwelling 0.843 (36,721 sf) Location: 204 SE 7th Street, Okeechobee, FL 34974 Parcel Identification Number: 3-22-37-35-0030-OOOMO-0010 Staff Report • Applicant's Nat Good Care Home, Inc. Small Scale Comprehensive Plan Amendment Petition No. 11-001-SSA The Applicant is requesting to amend the Future Land Use Map from Single Family to Multi -Family. Based on the size of the property (0.843 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan because the State Statutes allow up to 20 acres under the Small Scale Plan Amendment procedures in a County designated as Economically Distressed. Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family RSF 1 Vacant Single -Family RMH Mobile homes Single -Family RMH Mobile homes Commercial RSF 1 Vacant The Applicant is proposing to amend the Future Land Use Map to allow multi -family uses on the subject property. The property has been, over the years, variously used as a single-family residence, a two-family residence, an assisted living facility, and an elderly boarding home. However, the legally permissible use of the structure remains a single-family home. The requested amendment, coupled with the attendant request to rezone the property to RMF, is intended to allow the current building to remain on the property and be sold and used as a legally conforming two-family structure provided, of course, that the structure and use meet all applicable building code requirements. However, the owner would not be limited to this use because approval of the FLUM amendment and rezoning to RMF will allow redevelopment of the property with multi -family dwellings. Staff Report Applicant's Name: Good Care Home, Inc. Small Scale Comprehensive Plan Amendment Petition No. 11-001-SSA �Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The Applicant is requesting to amend the Future Land Use Map from Single Family to Multi -Family. As prescribed by the Comprehensive Plan, specifically Policy 2.1(b), permitted uses in the Multi -family Residential Future Land Use category include apartments, duplexes, condos, single family houses and public facilities. The maximum density is 10 units per acre. Therefore, the owner could put up eight (8) multi -family dwelling units on the property provided all applicable provisions of the Land Development Code are met. Concurrency of Adequate Public Facilities In the City of Okeechobee, one can expect an average of about three persons in a single-family home and about two in a multi -family unit. Therefore, the redevelopment of this property at maximum allowable density could generate about 16 persons. Under the current future land use designation, up to three single-family dwellings would be allowed indicating a potential population of nine (9) persons. Roadways: The City's adopted level of service standard (LOSS) for local roads is LOS D. The subject property will be serviced by local roads. The Applicant has provided an estimate of the traffic generation that would likely be associated with development at the maximum allowable density. We have worked with the applicant on this matter and agree that the likely increase in traffic, even if the property were developed to its maximum allowable density would be negligible. Potable Water: The adopted LOSS for potable water is 114 gpcpd. The Applicant has provided an estimate of demand for potable water under both the current Future Land Use designation and the proposed designation. The increase in demand resulting from the difference in maximum development potential of three single-family units under the current Single -Family future land use designation compared with the eight units that could possibly be built under the Multi -family designation is just over 800 gallons per day. This is inconsequential based on OUA's capacity of roughly three million gallons per day, which is expected to be sufficient to accommodate demand through at least the year 2021. Sanitary Sewer: The adopted LOSS for sanitary sewer is 130 gpcpd. Demand for potable water and sanitary sewer services are related and similar. As was the case with potable water, the increased demand as a result of the request amendment is negligible. Staff Report Applicant's Name.- Good Care Home, Inc. Small Scale Comprehensive Plan Amendment Petition No. 11 -00 1 -SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS -Ibject Property .. ......... COMPREHENSIVE PLA14 LAND USE E -•;- Staff Report Applicant's Nana: Good Care Home, Inc. Small Scale Comprehensive Plan Amendment Petition No. 19-001-SSA Solid Waste: The adopted LOSS for solid waste is 13 Ibs/person/day. The potential impact of the proposed change is infinitesimal on the County's solid waste capacity. Responses to previous queries to the County regarding the handling of solid waste have indicated that the County has the capacity to handle all projected demand over the next 50 years. Drainage: Any new development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. There appears to be nothing about this particular site that would indicate special drainage problems. Parks and Recreation: The City does not expect very small residential properties to be responsible for provision of recreational opportunities for minor increases in development potential. This is generally viewed as being part of the City's overall performance of its responsibilities. B. Internal Consistency with the Comprehensive Plan We agree that the requested Multi -Family future land use designation is consistent with the policies the City has been following with regard to lands similarly situated. It is also consistent with the direction indicated in the recently adopted Evaluation and Appraisal Report which envisions lands within the outer (second) blocks of the "Commercial Corridor" to be developed for light types of commercial use or in multi -family use which is an appropriate buffer between the heavier commercial uses along the major arterials and nearby less intense residential uses. In that respect, a Multi -Family designation is compatible with the adjacent mobile home and nearby single-family uses. Recommendation I Staff recommends approval of the Applicant's request to amend the Future Land Use Map from Single -Family to Multi -Family. Submitted by. - Wm. F. Brisson, AICP November 7, 2011 Planning Board Hearing: November 17, 2011 Council Hearing: December 6, 2011 Attachments: Future Land Use Map and aerial photograph d �vf �i�15! blaniila Lut ril �.u��:r t Staff Report 0 Applicant's Nanf Good Care Home, Inc. Small Scale Comprehensive Plan Amendment Petition No. 11-001-SSA EXISTING LAND USE SUBJECT SITE AND ENVIRONS a Vacant s Church - ,.�e � r,•*,+��,wsr�.saa+l�.eC+' 1{ �.� as ..,^?., ^�d� . , p ....> } Al� ' bile Hu 'es Subject r ..: PropertyIF lul x 1 � Homes INDEPENDENT _ NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being as ------ in the matter of�r.- Y' in the 1.9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of _ r � c 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 advertisemen publication in the said newspaper. Tom Byrd {Sworn to and subscribed before me this day of J FAD Notary Public, State of Florida at Large Ajcrha,.,� NOT ARYPUBIR-STATEOFa SJ1 ,. Angie Br g commission # DD7 7 9718 r` Expires: APR. 20, 2012 110 ED T1LRU ATLANTIC BONDING CO- INC (863) 763-3134 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE TAKE NOTICE that the City Council of the City of Okeechobee, on Tuesday, December 6, 2011 at 6:00 .m, or as soon the; at City Hall, 65 SE 3rd Ave., Okeechobee, FL conduct a P G on and thereafter to consider final readina of "the Mllnwinn ILLY• PROVIDING FOR INCLUSION OF ORDINANCE AND ED irF11TURE LAND USE MAP IN THE COMPREHENSIVE PI VIDING FOR AN EFFECTIVE DATE. Ordinance is regarding Small Scale Comprehensive Plan Future Land Amendment Application No. 11-001-SSA, submitted by Lisa Shen ehalf of pggroperty owner, Good Care Home, Inc., to change the Ft M 7th iSt etrThe propFosect uses or atwo-family dwelling.oximately 0.843 acres, iloc SE f pL DESCRIPTION: PARCEL ONE: LOTS 1 TO 5, INCLUSIVE I T PART OF LOT 6 LYING EAST OF SOUTHEAST 2ND #1%EI I THE NORTH ONE-HALF OF THE ALLEY ADJACENT TO S S 1 TO 5 AND THAT PART OF LOT 6 AND THE WEST ONE-H rHAT PART OF CHEROKEE STREET LYING ADJACENT To LC BOOK I OF LOT 7 AND ALL OF LOT 8 AND I I PART OF CHEROKEE STREET LYING I I BY ACTION OF CITY COUNCIL, CITY IN ORDINANCE NO. 332 AND by OKT ION BY RESOLUTION RECORDED IN C PUBLIC RECORDS OF OKEECHOBEE BLOCK M, IN THE SUBDIVISION OF i TO THE PLAT THEREOF RECORDED PUBLIC RECORDS OF OKEECHOBEE copyy of the agenda may be obtained from the City website www Chobee.com, or contact Administration, (863) 763-3372 x 212. A entire application(s) is available at the City Clerk's Office during mess hours, Mon -Fri, 8am-4:30pm, except for holidays. EASE TAKE NOTICE AND BE ADVISED that no stenographic reco :ified court reporter will be made of the foregoing meeting. Aac person who may seek to appeal any decision involving the mall d herein will be responsible for making a verbatim record of the I and evidence at said meeting upon which any appeal is to be Ise contact City Administration at 863-763-3372, or website www. chobee.com, to obtain a copy of the agenda. accordance with the Americans with Disabilities Act (ADA) of 19 s needing special accommodation to participate in this proceedinc tact the City Gerk's Office at 863-763-3372 for assistance. James E. Kirk, Mayor -ape Gamiotea, CMC, City Clerk • • EXHIBIT 2 DEc 6, 2011 ORDINANCE NO. 1078 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Lisa Sherman, on behalf of property owner, Good Care Home, Inc., more particularly described hereafter, has heretoforefiled Petition No. 11-001-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.843 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Residential Multiple Family (RMF) Zoning District, and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on November 17, 2011, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: PARCEL ONE: LOTS 1 TO 5, INCLUSIVE, AND THAT PART OF LOT 6 LYING EAST OF SOUTHEAST 2ND AVENUE AND THE NORTH ONE-HALF OF THE ALLEY ADJACENT TO SAID LOTS 1 TO 5 AND THAT PART OF LOT 6 AND THE WEST ONE-HALF OF THAT PART OF CHEROKEE STREET LYING ADJACENT TO LOT 1 (CLOSED BY ACTION OF CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA, IN ORDINANCE NO. 332 AND BY OKEECHOBEE COUNTY COMMISSION BY RESOLUTION RECORDED IN O.R. BOOK 128, PAGE 358, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA) ALL IN BLOCK M, IN THE SUBDIVISION OF CENTRAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 39, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL TWO: LOT 7 LYING EAST OF SOUTHEAST 2ND AVENUE AND ALL OF LOT 8, AND THE SOUTH ONE-HALF OF THE ALLEY ADJACENT TO SAID PORTION OF LOT 7 AND ALL OF LOT 8 AND THE WEST ONE-HALF OF THAT PART OF CHEROKEE STREET LYING ADJACENT TO LOT 8 (CLOSED BY ACTION OF CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA, IN ORDINANCE NO. 332 AND BY OKEECHOBEE COUNTY COMMISSION BY RESOLUTION RECORDED IN O.R. Ordinance No. 1078 Page 1 of 2 BOOK 128, PAGE 358, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA) ALL IN BLOCK M, IN THE SUBDIVISION OF CENTRAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 39, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property (0.843 acres) zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Residential Multiple Family (RMF) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 6T" day of December, 2011. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 3 rd day of January, 2012. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1078 Page 2 of 2 November 17, 2011 - Planning Board/Board of Adjustment and Appeals - Page 3 of 4 AGENDA ACTION - DISCUSSION - VOTE V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. A. Application No.11-001-SSA continued. 6. Consider motion and vote continued. B. Petition No. 11-001-R submitted by Lisa Sherman on behalf of property owner Good Care Home, Inc. for property located at 204 SE 7" Street to change the Zoning classification on Lots 1-8 of Block M, Central Park, from Residential Single Family - One to Residential Multiple Family - City Planner. Hear from Planning Staff 2. Hear from the Property Owner or designeelagent. 3. Open Public Hearing for comment. 4. Close Public Hearing - Chairperson. 5. Board Discussion. 6. Consider motion and vote. HOOVER -YEA BURROUGHS-YEA BRASS - YEA KELLER- NAY LUVIANO- ABSENT MCCOY-YEA RITTER - YEA MORGAN-YEA MOTION CARRIED Mr. Brisson presented the Planning Staff Report of approval stating this was the same parcel that was just discussed j and that the applicant has met all the requirements. The Residential Multiple Family District is compatible with the Multi' Family Land Use. Wes Abney, designee for the Property Owner, Good Care Home, Inc. was presentfor questions from the Planning Board. No comments. Chairperson Hoover closed the public hearing. No discussion. Vice -Chairperson Burroughs moved to approve Application No. 11-001-R submitted by Lisa Sherman on behalf of property owner Good Care Home, Inc. for property located at 204 SE 71" Street to change the Zoning classification on Lots 1-8 of Block M, Central Park, from Residential Single Family - One to Residential Multiple Family; seconded by Board Member McCoy. • is NOVEMBER 17, 2011 -PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS -PAGE 4 OF 4 li AGENDA III ACTION - DISCUSSION - VOTE jl V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED, B. Petition No. 11-001-R continued. 6. Consider motion and vote continued. VOTE HOOVER -YEA BURROUGHS-YEA BRASS -YEA KELLER- NAY LUVIANO- ABSENT MCCOY-YEA RITTER - YEA MORGAN-YEA MOTION CARRIED, Vl, NEW BUSINESS - Chairperson A. Consider recommendations to City Council for amendments to the III Mr. Brisson under the request of the City Council presented a memorandum outlining eight additional changes andlor City's Land Development Regulations - City Planner. additions to definitions of the Land Development Regulations. V1I, ADJOURNMENT -CHAIRPERSON. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records of the Department. DAWN T. HOOVER, CHAIRPERSON ATTEST: PATTY M. BURNETTE, SECRETARY After some discussion the Board recommended, with a few changes, the memorandum as presented. Mr. Brisson stated' he would make the changes and present the recommendations to the City Council Chairperson Hoover closed the public hearing at 6.37 p.m. City of Okeechobee General Services Department 0 55 S-E. 3.d Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: 10--3- j j PMWn No. II-ooI- Fee Paid: g$oOL) �d3j 5J diction: p1?) C_ 1S Hearing: 1- ( _ 1( 2na Hearing: Publication Dates: Notices Mailed: m ae i e 0#tal tWt�t`"," 6d� Vyalf �"��a� rya AP ..�+ !• .E 4 lYIM�toI�f ,�, 1 Name of property owner(s): Good Care Home, Inc. 2 Owner mailing address: 111 East Park St. Lake Placid, FI. 33852 3 Name of applicant(s) if other than owner: 4 Applicant mailing address: 4a e-mail address: lisashermancpa@embargmail.com 5 Name of contact person (state relationship): Lisa Sherman (Officer of Corporation) 6 Contact person daytime phone(s): 863-465-2835 PRt "P, 'IRK kTIQt 7 Property address/directions to property: 204 SE 71h St. Okeechobee, Fl. 34974 441 South / Left on SE 61h St. / Right on SE 2nd Ave. / Left on SE 7th St. / House on right. 8 Describe current use of property: Residential 9 uescriDe improvements on property (numner/Type Dunaings, awening units , occupien or vacant, . 1 Building, 2 Dwelling Units, West Unit Occupied, East unit vacant. 10 Approx. acreage:.843 Is property in a platted subdivision? Unknown 11 is or was in vioiation OT a city Thy property has. beep over t e, ears, v rrinou 1y sed as single-family residen e, tw -family use f t ie' trt cture remlains �singtt,Jndd elYe boarding home. However, t�e egal�y permissible 12 Is a pending sale of the property subject to this application being granted? No 13 Describe uses on adjoining property to the North: North: Vacant East: Mobile Homes South: Mobile Homes West: Vacant 14 Existing zoning: RSF1 Future Land Use classification: Single -Family 15 riave grope y . LxxTnereDeees. y s prove a da e, Oe ition number a naan e o approva . 16 Request is for: Lxx_) Rezone (__) Special Exception Variance 17 Parcel Identification Number: 3-22-37-0030-OOOMO-0010 18 Applicant=s statement of interest in property: Owner 1, ( Rev. 04/ 11) Page 1 of 1 1 V%frerendable application fee: Rezoning $850; Special Exception: $500; Variance: $500; all plus te: esolutti n N 98.19 Sche ftdi of Lano� De alopm ,nt Re ulattign Fee$ and Char es g sta�lrs�%dolet �or a�ertia in�q �e s11oa��onsu�an��n3� �Q1i5C to ad�i sel t�(ie ciynd�n tie a pi�c t%n, 19 Me a Iicant s ia°I� a �e a�cgual� costs. 20 Last recorded warranty deed 21 Notarized letter of consent form property owner if applicant is different from property owner N/A Three property surveys (one no larger than 11- x 17=) containing: a. boundary date certifiied survey, o�t survey, surveyor=s name, address and phone number b. Legal description 22 c. Computation of total acreage to nearest tenth of an acre 23 t e Information ue t rm rom the O eechobee ro ertraiser=s ice attag edIny. 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Rev. 04/11) Page 2 of 11 Rezoning X ❑ Special Exception ❑ Items Needed: Items Needed: Location map 100" surrounding property Location map 100" surrounding property from the outermost portion of subject from the outermost portion of subject property. Surrounding property owners property. Surrounding property owners mailing addresses 300" from the outermost mailing addresses 300" from the outermost portion of subject property. portion of subject property. Variance ❑ Future Land Use Map Amendment ❑ Items Needed: Items Needed: Location map 100" surrounding property Location map 100" surrounding property from the outermost portion of subject from the outermost portion of subject property. Surrounding property owners property. mailing addresses 300" from the outermost portion of subject property. Information is provided by the Okeechobee County property Appraisers Office. You may hand deliver this request form or fax it to the following attention: Angela Jones Okeechobee County Property Appraisers Office 307 NW 5th Avenue, Suite A Okeechobee, FL 34972 Phone: (863) 763-4422 Fax: 863 763-4745 (Rev. 04/11) Page 4 of 11 A Current zoning classification: RSFI Requested zoning classification: RMF Describe the desired permitted use and intended nature of activities and development of the property? B Multi -Family Residential Use Is a Special Exception necessary for your intended use? (_xx__) No (—) Yes If yes, briefly describe: C Is a Variance necessary for your intended use? (_xx_) No (_) Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described F below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. The request is consistent with the City's approach to transitional development within two blocks of its major arterial roadways as expressed in its adopted EAR 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes. The request is consistent with the City's approach to transitional development within two blocks of its major arterial roadways as expressed in its adopted EAR 3. The proposed use will not have an adverse effect on the public interest. The proposed use (residential) will be the same as the existing use (residential) 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed use is appropriate for the location. The existing adjacent land uses are mobile homes and vacant lands. 5. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Same question as #4, answered. (Rev. 04/11) Page 6 of 11 ., gl � !z r iu3e ` 'gas l 6. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Same question as #4, answered. 7. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use will remain the same (residential) as the current use (residential). 8. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Yes, there is at least a 70 foot buffer from the structure to the surrounding property lines. 9. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services No other structures are proposed at this time. The existing structure is to remain. 10. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No other structures are proposed at this time. 11. The proposed use has not been inordinately burdened by unnecessary restrictions. No, not to my knowledge. 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. (Rev. 04/11) Page 7 of I 1 BCLK wF1430 raga to riambQ 3-22-37-35-0030-OOOMO-0010 t:,tantae #1 7� Warranty Deed. This Indenture, Made this -A--, day of 10 ( , M q AM., Between CHRISTUM P. JOMIS%-ON, individually and as Settlor of that certain Declaration of Trust dated November 26, 1969, Ykich was revoked at least ten (10) years ago, grJOW, and GOOD CARS HOME, INC., a corporation existing under the laws of the state of Florida whoseaddteasiclll Park Avenue East, LAKE PLACID, Florida 33852 grantee. Wi UMMth that the GRANTOR, for and in M=Waawn at the was ar - - - - - - - - - - - - - - - - - - - - - - - TEN & NO/100($10.00) ---------- DOUARs, andotherfloodandvdablecanddezariouw GRANTOR isheadpaidby GRANTER, thepswhuvdisheaeby b= gam, bagp med and sold to the slid GRAM B and GRA MM sneoesw= and asson Eoae. , the Mowing desubed hmd, duate, bing and being in the cony of Okeechobee stale of Florida. wwit PARCEL ONE:. Lots 1 to 5 inclusive, and that part of Lot 6 lying East of SS 2nd Avenue and the N-1/2 of the alley adjacent to said Lots 1 to 5 and that part of Lot 6 and the W-1/2 of that part of Cherokee Street lying adjacent to Lot 1 (closed by action of City Council, City of Okeechobee, Florida, in Ordinance No. 332 and by Okeechobee County Commission by Resolution recorded in O. R. Book 128, Page 358, Public Records of Okeechobee County, Florida) all in Block M, in the subdivision of CENTRAL PARR, according to the plat thereof recorded in Plat Book 2, Page 39, Public Records of Okeechobee County, Florida. PARCEL TWO: Lot 7 lying East of SE 2nd Avenue and all of Lot 8, and the S-1/2 of the alley adjacent to said portion of Lot 7 and all of Lot 8, and the W-1/2 of that part of Cherokee Street lying adjacent to Lot 8 (closed by action of City Council, City of Okeechobee, Florida, in Ordinance No. 332 and by Okeechobee County Commission by Resolution recorded in O. R. Book 128, Page 358, Public Records of Okeechobee County, Florida) all in Block M, in the subdivision of CENTRAL. PARK, according to the plat thereof recorded in Plat Book 2, Page 39, Public Records of Okeechobee County, Florida. Subject to restrictions, reservations, easelQents and assessments of record, if any, and real estate taxes for the year 1994 and subsequent years. The above described real property does not constitute any portion of the homestead of the Grantor named herein. Subject to that certain Nbrtgage dated August 27, 1982, recorded in Official Records Book 250, Page 911, Public Records of (&eechobee County, Florida. and me genmr does herby fully waaaat the tick to said INA aad wM ddend the smme aping kwU chins of an pe== wbomwevez 4VK 360 PACE1431 Pawl w PLa®huc 3-Z 35•-0030-OOOKO-00I0 In WAMU Wherm& PCgrantor has hezv=o set her hand and seat the day and yeas soar aboae won= sHd peramm Aocs«n Pr' t N r� CHRISTINE P. HNSTON Wi S S P.O. Addi m 2D4 S B. Ah 9hxt Obwdwbcq FL 33474 Printed Name: [��� ,� C�o Witness STATE OF FLORIDA COUNTY OF ORSBCHOB$8 'The i was adacu 4pd before me thk day of i >~ m q q by CHRISTINE P. JOHNSTON, who i:peownffiykwmtomoarwhohaapcodneodher it —�,t1i A n.,�-J+J as idmodara vaL M& Doemat of P,apatea By: ��yy Printed tans: C,,4k-,mac• - —.L HARM NOTARY PUmTC MAa4nAN UARM A'TTOiRMYSATIAW myaoo>em i-BRaee 212MMMA1<BMM"AiND POSri]FMMB0X5W IAYAPIAI0)6I4. 33dS2 w;=7m7ww'l � .. YKNo M6YMa a PRODIKMD LD D Yf'R_' `'� tiv k} FIL ti 2 6 6 1 1 2� JOHNSTON Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of Okeechobee Florida and the assertions made to me by members of that Office that the information reviewed constitutes_ the most recent informati ►n javailable to that office. I therefore attest to this 3Le) day of W=sd 9__740 _1/ Signature of Applicant Date _Good Home Care, Inc. Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to a subscribed before me this c,,X da of c� y �Q // .Personally known to me � or produced ag identification and did not take an oath. Y. Seal: kBETHANIE L. ARROWOOD COMMISSION #DD935645 otary Public, S t ofFlorida IXPIRES: DEC 09, 2012ded through 1st State Insurance ©it Okeechobee County Property Appraiser's Office Information Request Form for the City of Okeechobee Property Owner Name(s) Parcel Identification No. Contact Person Name Contact Person Phone No. Requested Items Needed By Project Type (Circle One or Check Box (Rev. 04/11) Page 3 of I 1 •D SearchResults • • Page 1 of 2 Okeechobee County Property Appraiser CAMA updated: 9/22/2011 Parcel: 3-22-37-35-0030-OOOMO-0010 « Next Lower Parcel I Next Higher Parcel >I Owner & Property Info Owner's Name MARKHAM LEE ANITA (LIFE EST) Site Address 204 SE 7TH ST, OKEECHOBEE Mailing C/O LISA SHERMAN Address 111 PARK AVENUE EAST LAKE PLACID, FL 33852 CENTRAL PARK LOTS 1 TO 8 LESS R/W & ADJACENT ALLEY & Description W 112 OF SE 3RD AVE LYING ADJACENT TO LOTS 1 & 8 BLOCK M NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.843 ACRES S/T/R 22 37 35 Neighborhood 153651.00 Tax District 50 DOR Use Code MULTI-FAM Market Area 40 (000300) The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (2) $73,600.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $50,117.00 XFOB Value cnt: (1) $421.00 Total Appraised Value $124,138.00 Sales History 2011 Proposed Values Parcel List Generator ( Retrieve Tax Record Property Card 2011 TRIM (pdf) Interactive GIS Map j`Print j GIS Aerial Search Result: 1 of 1 2011 Proposed Values Just Value $124,138.00 Class Value $0.00 Assessed Value $124,138.00 Exempt Value $0.00 Total Taxable Value $124,138.00 Show Similar Sales within 1/2 mile Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 12/31/1998 416/650 QC I U 03 $0.00 10/1/1994 360/1428 WD I U 03 $0.00 10/1/1994 360/1430 WD I U 03 $80,000.00 3/1/ 1983 0/ WD I U 03 $0.00 8/1/1976 187/321 WD U 03 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Bit I Heated S.F. Actual S.F. Bldg Value Show Sketch 1 TRI/QUAD (002800) 1973 4286 4890 $50,117.00 Extra Features & Out Buildings - (Show coder Code Desc Year Bit Value Units Dims Condition (% Good) L.AFA,N4 MTL FLR MT 1980 $421.00 0000056,000 8 x 7 x 0 PD (050.00) http://www.okeechobeepa.com/GlS/D—SearchResults.asp 10/4/2011 www.sunbiz.org - Department of State Page 1 of 2 Home Contact Us E-Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation GOOD CARE HOME INC. Filing Information Document Number P94000058071 FEI/EIN Number 650533876 Date Filed 08/04/1994 State FL Status ACTIVE Principal Address 206 S.E. 7TH STREET OKEECHOBEE FL 34974 US Changed 01/13/1995 Mailing Address 111 EAST PARK STREET LAKE PLACID FL 33852 US Changed 04/06/2007 Registered Agent Name & Address SHERMAN, LISA 111 EAST PARK STREET LAKE PLACID FL 33852 US Name Changed: 04/06/2007 Address Changed: 04/06/2007 Officer/Director Detail Name & Address Title DPST SHERMAN, LISA 111 EAST PARK STREET LAKE PLACID FL 33852 Annual Reports Report Year Filed Date 2010 04/27/2010 2011 04/27/2011 2011 09/28/2011 Document Searches Forms Help Entity Name Search j Submit http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=P9400005 80... 10/4/2011 JL- 0 VIM — POI 7 9 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Good Care Home,, Inc. Petition No.: 11-001-R '11m.gcIllont scrx icvs, I I . .. ..... .. ftk S(-f N ilig I ioida 1'.o( A Staff Report Rezoning Request General Information Owner/ Applicant: Applicant Address Site Address: Contact Person: Applicant/Contact Phone Number: Applicant's Name: Good Care Home, Inc. Petition No. 11-001-R Good Care Home, Inc Lisa Sherman, Agent 111 East Park Street Lake Placid, A 33852 204 SE 7th Street Lisa Sherman, Officer of Corporation 863-465-2835 863-465-3323 fax E-mail Address lisashermancpa@embargmail.com Existing Proposed Future Land Use Map Classification Single -Family Multi -Family Zoning District RSF-1 RMF Use of Property Acreage Legal Description of Subject Property - Attached two-family dwelling 0.843 (36,721 sf) Attached two-family dwelling 0.843 (36,721 sf) Location: 204 SE 7th Street, Okeechobee, FL 34974 Parcel Identification Number: 3-22-37-35-0030-OOOMO-0010 � t T .AIX ,:., ,".J : Ks „ Staff Report Rezoning Request 0 0 Applicant's Name: Good Care Home, Inc. Petition No. 11-001-R The Applicant is requesting to rezone the property from RSF 1 to RMF. This request is being filed simultaneously with the property owner's request for a Small Scale Plan Amendment to the Comprehensive Plan to change the Future Land Use Designation from Single -Family to Multi -Family. Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use - Single -Family RSF 1 Vacant Single -Family RMH Mobile homes Single -Family RMH Mobile homes Commercial RSF 1 Vacant Analysis Section 70-340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has included, along with her application, a series of brief statements addressing these criteria. These statements are provided in Times Roman typeface and are followed by the Staff Comments. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. The request is consistent with the City's approach to transitional development within two blocks of its major arterial roadways as expressed in its adopted EAR. We agree that the requested Multi -Family future land use designation is consistent with the policies the City has been following with regard to lands similarly situated. It is also consistent with the direction indicated in the recently adopted Evaluation and Appraisal Report which envisions lands within the outer (second) blocks of the "Commercial Corridor" to be developed for light types of commercial use or in multi -family use which is an appro- 2 Staff Report Applicant's Name: Good Care Home, Inc. Rezoning Request Petition No. 11-001-R priate buffer between the heavier commercial uses along the major arterials and nearby less intense residential uses. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes. We agree. The Applicant stated intent is to sell the property as a legally conforming two- family structure provided, of course, that the structure and use meet all applicable building code requirements. However, the owner would not be limited to this use because not only are two-family dwellings permitted in the RMF District, but also multi -family dwellings. 3. The proposed use will not have an adverse effect on the public interest. The proposed use (residential) will be the same as the existing use (residential) We agree that there will be no adverse effect upon the public interest, even if the property is redeveloped to its maximum allowable residential density in the future. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed use is appropriate for the location. The existing adjacent land uses are RSF1 and RMH. The proposed use and other allowable uses in the district are consistent with the policies the City has been following with regard to lands similarly situated. It is also consistent with the direction indicated in the recently adopted Evaluation and Appraisal Report which envisions lands within the outer (second) blocks of the "Commercial Corridor" to be developed for light types of commercial use or in multi -family use which is an appropriate buffer between the heavier commercial uses along the major arterials and nearby less intense residential uses. In that respect, a Multi -Family designation is compatible with the adjacent mobile home and nearby single-family uses. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use will remain the same (residential) as the current use (residential). Recognizing that the uses allowed in the RMF District are considered compatible with other less intensive nearby residential uses and can serve as a buffer between the residential uses and more intensive uses permitted in the Commercial Corridor, we foresee neither any Staff Report Rezoning Request ! • Applicant's Name: Good Care Home, Inc. Petition No. 11-001-R adverse effects upon adjacent property values or living conditions nor any detriment to the improvement or development of adjacent properties 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Yes. there is at least a 70 foot buffer from the structure to the surrounding property tines. Neither continuation of the existing two-family use nor multi -family development on the property would require more buffer than is normally associated with multi -family development. There is a 70-foot wide canal bordering the southern property line. If the property were to be redeveloped in multi -family use in the future, the minimum required side yard setback will be 20-feet from the adjoining property to the east. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services No other structures are proposed at this time. The existing structure is to remain As part of the Applicant's submission for the Small Plan Amendment to the Future Land Use Map, an analysis of the impact on public facilities was provided. This analysis showed that the minimal increase in the number of dwelling units that would be allowed on the site would have no significant effect upon the public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No other structures are proposed at this time. As part of the Applicant's submission for the Small Plan Amendment to the Future Land Use Map, an analysis of the impact on public facilities was provided. This analysis showed that the minimal increase in the number of dwelling units that would be allowed on the site would have no significant effect on the levels of traffic and therefore could not expect to create traffic congestion or otherwise affect public safety. Any new development in the future would be required to meet drainage standards of the City of Okeechobee and the South Florida Water Management District. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, not to m_y knowledge. Neither the existing use nor any other allowable uses on the property are burdened by any unnecessary restrictions. Staff Report Rezoning Request Applicant's Name: Good Care Home, Inc. Petition No. 11-001-R Based on the foregoing analysis, Staff recommends approval of the request to rezone the property from RSF 1 to RMF. Submitted by: Wm. F. Brisson, AICP November 7, 2011 Planning Board Hearing: November 17, 2011 Council Hearing: December 6, 2011 Attachments: Future Land Use Map, Zoning Map, and aerial photograph Staff Report Rezoning Request 4) # Applicant's Name: Good Care Home, Inc. Petition No. 11-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS bject Property Staff Report Rezoning Request 6229 7 IAI Z LLI 0 ly T Applicant's Name: Good Care Home, Inc. Petition No. 11-001-R EXISTING ZONING SUBJECT SITE AND ENVIRONS S. E. 7 TH STFEET Subject Property 1 6 55 4 7 iii L M SI. E 3 TH STHEET rl 1, Z [ZONING HE.�VY W- CLT - UG-iT CPC - CUAM PROME :INAL•_+FFICE ii-HOLDNS INDUSTRIAL FUE - PUSUC FACILITIES P11*7 - �E.SIDENT!AL VIA71 F,-,(,'.ILY Rk4.H - FE210EHTIAL 'A:ISJLE ,gt';F: - RE514Eh7tA1 S1P-';G'-E FAhdIL RSFZ - RESILDF1,7AL rINGLE FAMJ-'• 42, Staff Report Rezoning Request Applicant's Name: Good Care Home, Inc. Petition No. 11-001-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS Vacant f f'�a 1 1°JI f IVJ "40 µ C7 • LCHIBIT 3 DEc 6, 2011 ORDINANCE NO. 1079 AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA PROVIDING FORAMENDMENT TO THE CITY'S CODE OF ORDINANCES INCLUDING SECTION 30-35 RELATING TO THE REQUIREMENTS FOR AND LOCATION OF COMMERCIAL SANITARY GARBAGE CONTAINERS; SECTION 66-1 DEFINITIONS, BY ADDING CERTAIN NEW DEFINITIONS AND UPDATING EXISTING DEFINITIONS FOR CLARITY AND CONSISTENCY WITH OTHER PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS; SECTION 78-36 RELATING TO REQUIREMENTS FOR CERTAIN DEVELOPMENT PROJECTS TO PROVIDE SIDEWALKS ALONG STREETS; SECTIONS 90-103(1), 90- 133(1), AND 90-193(2), BY ADDING BED AND BREAKFAST ESTABLISHMENTS TO THE LIST OF SPECIAL EXCEPTION USES IN THE RSF 1, RSF 2, AND RMF DISTRICTS, RESPECTIVELY; SECTIONS 90-135(B)(1) AND 90-196, BY CLARIFYING THE MINIMUM YARD REQUIREMENTS FOR ZERO LOT LINE SINGLE-FAMILY DWELLINGS IN THE RSF 2 AND RMF DISTRICTS; SECTIONS 90-253(1) AND (2) AND 90- 282(3) AND (5) BY ADDING LAUNDROMAT AND TAKE-OUT RESTAURANTTO THE LIST OF SPECIAL EXCEPTION AND PERMITTED USES IN THE CLT AND CHV DISTRICTS, RESPECTIVELY; BY MODIFYING SECTION 90-316 TO RECTIFY AN INCORRECT REFERENCE; SECTIONS 90-342 AND 90-343 BY MOVING CAFE FROM THE LIST OF SPECIAL EXCEPTION USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT AND BY ADDING CERTAIN PERSONAL SERVICE USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT; ADDING A NEW SUBSECTION 90-511(e)(6) PROHIBITING PARKING SPACES ADJACENT TO A DRIVEWAY FROM BEING CLOSER THAN 20 FEET TO THE RIGHT-OF-WAY OF A PUBLIC ROAD; SECTION 90-512 BY MODIFYING THE OFF-STREET PARKING REQUIREMENT FOR AUTOMOBILE SALES ESTABLISHMENTS; BY DELETING SECTION 90-535 IN ITS ENTIRETY AND INCORPORATING ITS PROVISIONS INTO SECTION 90-534; BY MODIFYING SECTION 90- 573(B) TO RECTIFYAN INCORRECT REFERENCE; BY MODIFYING THE TITLE OF DIVISION 9 TO INCLUDE SUPPLEMENTAL USE REGULATIONS; SECTIONS 90-693(3), 90-695(3), AND 90-696(3) BY MODIFYING THE MINIMUM SIDE AND REAR YARDS FOR COMMUNITY CENTERS, ADULT FAMILY CARE HOMES OR ASSISTED LIVING FACILITIES, AND HOUSES OF WORSHIP; BYADDING A NEW SECTION 90-702 SETTING FORTH REGULATIONS SPECIFICALLY PERTAINING TO OUTDOOR VEHICLE SALES LOTS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances and land development regulations in order to update recent legislative amendments; to address certain inconsistencies or outdated regulations contained in the codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the code a more consistent and easier to understand document; and WHEREAS, Staff and Planning Board for the City of Okeechobee, Florida have recently reviewed the Code of Ordinances and Land Development Regulations to determine areas of improvement; has discussed same at public meetings; and has recommended certain changes, amendments or modifications to the code to present to the City Council for ordinance adoption; and WHEREAS, in order to effectively address these recommendations in an orderly manner with the intent of including all recommendations in a single ordinance, which will save the city and its citizens costs and time, this ordinance is a compilation of many Language to be added is underlined Language to be deleted is stmekthFeugh Ordinance No. 1079 Page 1 of 8 amendments, which when adopted, will amend each of the cited code sections upon its effective date; and WHEREAS, the City Council for the City of Okeechobee, Florida, has considered the recommendations of the Planning Board and Staff, and concludes that each of the proposed amendments are in the best interests of the City and its citizens, that said amendments are necessary and appropriate to make the codes more consistent and responsive to the needs of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That the City Council for the City of Okeechobee, Florida amends herein Chapter 30, ENVIRONMENT, Section 30-35(c) as follows: (c) Except for single-family developments, all residential developments of four or more dwelling units must use are -required -to ttse commercial sanitary garbage containers as approved by the city. Areas where such containers are located must be screened from view on all sides by a fence not less than four feet and not more than six feet in height with provision for convenient and safe access by the collection service Street -side pick-up of garbage or trash is prohibited. Section 2. That the City Council for the City of Okeechobee, Florida amends herein Chapter 66, GENERAL PROVISIONS, Section 66-1, Definitions, as follows: Adult family care homes or assisted living facilities means a building designed or used as permanent living quarters for six or more unrelated persons or families, in which individual cooking facilities are not provided. The term "adult family care homes or assisted living facilities" includes an adult congregate living facility, monastery,boardingheltise, fraternity house, and housing for the elderly. The term "adult family care homes or assisted living facilities" shall not include a hotel, motel, or nursing home. Bar means an establishment for the sale and on -premises consumption of alcoholic beverages as a primary use, without live performers, and includes a tavern, cocktail lounge and saloon. Boardinghouse means an owner -occupied dwelling, or part thereof, wherein fou or more people are sheltered for pFo in which lodging, and perhaps meals, are provided to individuals unrelated to the owner for compensation: includes a rooming house. and bed and breakfast establishments. Bed and Breakfast establishment means an owner -occupied dwelling in which overnight accommodations and a morning meal are provided for compensation to transients. Cluster development means the development of residential dwelling units, or commercial, industrial or institutional building floor area, in which the density or intensity of the uses is increased by the transfer of density or intensity from one site or part of a site to another. Such development is authorized by permitting smaller lot sizes when a specified part of the land is placed in permanent conservation use. Community center means a meeting or assembly hall, museum, art gaflefr, library, sports eltib, gyminasium, hobby workshop center, adult education facility, Language to be added is underlined Language to be deleted is struek through Ordinance No. 1079 Page 2 of 8 a facility used for recreational social educational or cultural activities, and not operated primarily for profit. Dock means any fixed or floating accessory structure for securing vessels, loading or unloading persons or property, or providing access to the water. Flag means any freely waving material containing colors, patterns, insignias or symbols except as otherwise defined for the purposes of distinguishing a flag from a banner (see definition of a flag in Division 5 Signs, W-564). Flea market means a market held in an open area or structure where parcels of land or portions of a buildings) are rented to individual merchants to display and sell goods Floor area ratio means a ratio of gross floor area of 8" stmetures on a lot to the lot area the gross floor area of all buildings or structures on a lot divided by the total area of the lot. Height (See definitions for building_ height and structure height) Home occupation means a business, profession, or trade carried out for financial gain by a resident and within the resident's dwelling unit. dwelling for firianeial gain by an ceetiparit of the dwelling. Hotel means an establishment containing primarily sleeping accommodations for transient guests, with no pmvisions made fbr eooking On individual roorns with no kitchen facilities other than a microwave, coffee pot, and small refri eg rator, and which may have restaurants, personal services and indoor recreation as accessory uses. House of worship means a church, temple, synagogue and similar centers of an established religion for the primarypurpose of conducting religious services on a regular basis. Latind?y- mean an establishment providing home type washing, drying, dry deaning, andlor ironing machines for hire, to be used by customers on th-a premises Dry cleaner/laundry means an establishment where retail customers drop off and pick up clothing for laundering and/or cleaning. Laundering and/or dry cleaning may conducted on the premises. Laundromat means an establishment providing home -type washing, drying, and dry cleaning and/or ironing machines on the premises for rental use to the general public. Lower income family means a family or household whose annual income does not exceed 80 percent of that of a median family or household income for the city, adjusted for household size. Marina means a facility for storing, servicing, fueling, berthing, and securing of boats and which may include eating, sleeping, and retail facilities for owners, crews, and guests. Nonconforming use means a lawful building, structure or land existing on the date of enactment or amendment of these regulations, but which does not conform to the use regulations of the district in which it is located. Nursing home means an establishment providing permanent living quarters for three or more unrelated, disabled, sick or mentally ill persons, in which convalescent facilities and personal care is are provided; but not including hospitals, clinics and institutions. Off-street loading space means space at least ten feet wide by 30 feet long by Language to be added is underlined Language to be deleted is strtielt through Ordinance No. 1079 Page 3 of 8 14 feet high used for temporary location of one motor vehicle while loading or unloading persons or cargo. Outdoor vehicle sales lot means an establishment for the sales of new and used operable vehicles including cars, campers, recreational vehicles, trailers, trucks, boats and similar vehicles; and excluding golf carts, riding mowers go-carts, farm equipment and mobile homes. Pier (see Dock) Private club means an establishment catering exclusively to an association of persons and their guests, on a primarily not -for -profit basis, and which is not available for unrestricted public access, includes fraternal lodge, sorority, and union hall. Recreational vehicle park means land under unified control designed to accommodate two or more shortterm, short-term overnight parking of for five or more recreational vehicles, and not for permanent residential use. Research laboratorymeans a facility for investigation into the natural, physical, or social sciences which may include engineering and product development. Residential migrant housing facility means housing provided for individuals and their families who are migrant farm workers to be occupied solely by such migrant farm workers and their families while employed in active agricultural operations. Restaurant means an establishment where food and drink are prepared, served, and consumed mostly within the principal building. Restaurant take-out means an establishment where food and/or beverages are sold in a form ready for consumption where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food and/or beverages may take place from an automobile when a special exception for drive -through service has been approved. Retail store means an enclosed establishment in which goods or merchandise are sold or rented directly to the general public: and which does not involve the manufacture or processing of such goods except as may incidental and subordinate to the retail sale as in the case of a retail bakery or jeweler. Service, personal, means an establishment inefading=primarily engaged in providing services involving the care of a person or his or her personal goods or apparel These include barbershop, beauty shop, clothes cleaning and repair, dfy-cleaner, nail care, pawnshop, reducing stadia salons and health clubs, shoe repair, tailor, and similar uses not primarily offering a product for sale. Service, retail means a restaurant, take-out restaurant, cafe, printer, pawnshop, dance or music studio, pet shop, as well as a bar or tavern for on -premise consumption of alcohol alcoholic beverages, and similar establishments. Structure height means the vertical distance measured from the average elevation of a proposed finished grade for the structure to the highest point of the structure (for roofed structures see Buildinq height) Section 3. That the City Council for the City of Okeechobee, Florida amends herein Chapter 78, DEVELOPMENT STANDARDS, Section 78-36 to read as follows: Sec. 78-36 Sidewalks, driveways, and pedestrian access. Language to be added is underlined Language to be deleted is scruekrthreugh Ordinance No. 1079 Page 4 of 8 (a) When required. (1) All projects, except for those involving only one individual single- family structure, constructed in zoning districts set out in Section 90-71 of this Code, wherein the lands of the owner and/or developer adjoin a collector or arterial street or city right of way, shall provide sidewalks adjacent along each such street or right of way. Section 4. That the City City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Sections 90-103(1), 90-133(1), and 90-193(2) by adding bed and breakfast establishments to the list of special exception uses in the RSF 1, RSF 2, and RMF Districts, respectively, to read as follows and to renumber subsequent uses accordingly RSF 1 District, Sec. 90-103. Special exception uses. (1)Boardinghouse (2)Bed and breakfast establishments with six or fewer sleeping rooms. RSF 2 District, Sec. 90-133. Special exception uses.... (1) Boardinghouse (2) Bed and breakfast establishments with six or fewer sleeping rooms. RMF District, Sec. 90-193. Special exception uses. (2) Boardinghouse (3) Bed and breakfast establishments. Section 5. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Sections 90-135(B)(1) and 90-196 by clarifying the minimum yard requirements for zero lot line single-family dwellings in the RSF 2 and RMF Districts, respectively, to read as follows: RSF 2 District, 90-135. Lot and structure requirements (b) Minimum yard requirements... (1) Single-family dwelling: Front 25 feet Side 10 feet Rear 10 feet Zero lot line single-family dwelling: Front 25 feet Side 15 feet and 0 feet Rear 10 feet RMF District, 90-196. Lot and structure requirements. (2) Minimum yard requirements... (a) Single-family dwelling and two family dwellings: Front 25 feet Side 10 feet Rear 10 feet Zero lot line single-family dwelling: Front 25 feet Side 15 feet and 0 feet Rear 10 feet Section 6. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Sections 90-253(1) and (2) and 90-282(3) and (5) by adding laundromat and take-out restaurant to the list of special exception and permitted uses in the CLT and CHV Districts, respectively, to read as follows: CLT District, 90-253, Special exception uses. Language to be added is underlined Language to be deleted is struek through Ordinance No. 1079 Page 5 of 8 (1) Restaurant, take-out restaurant, cafe. (2) Dry cleaner, laundry Dry cleaner/laundry, laundromat CHV District, Sec. 90-282. Permitted uses. (3) Restaurant, take-out restaurant, caf6. (5) Dry cleaner, latindry Dry cleaner/laundry, laundromat Section 7. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Section 90-316 to read as follows: Sec. 90-316. Additional regulations The following additional regulations shall apply to all uses within this district. In the event an applicant cannot comply with any additional regulation due to the requirements in section 90 394 90-315, such applicant may, in conjunction with the site plan review by the technical review committee, request a waiver of any such additional regulation. Section B. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Section 90-342 and 90-343 by moving caf6 from the list of special exception uses to the list of permitted uses in the Industrial District and by adding certain personal service uses to the list of permitted uses in the Industrial District. Section 90-342, Permitted uses. 22 Caf6 (23) Barbershop, beauty shop 24 Dry Cleaner/laundry 25 Nail care 26 Shoe repair 27 Tailor Section 9. Section 90-343, Special exception uses. (S) Gafe' That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by adding a new subsection 90-511(e)(6) to read as follows: (6) For new construction no parking space accessed via a driveway from a public road shall be located closer than 20 feet from the right-of-way line of said public road. Section 10. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, Section 90-512 by modifying the off-street parking requirement for automobile sales establishments to read as follows: DIVISION 3. OFF-STREET PARKING AND LOADING Sec. 90-512. Space regulations. (2) Commercial Uses: Automobile sales. 1 per 400 square feet of floor area, plus 1 per 1,500 square feet of outdoor area used for sales or display. Language to be added is underlined Language to be deleted is struekthreagh Ordinance No. 1079 Page 6 of 8 Section 11. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by deleting Section 90-535 in its entirety and modifying Section 90-534 to read as follows: Sec. 90-534. Required residential and nonresidential buffer areas. For all development undertaken throughout the city, except for those tssotiated vdittt construction of an individual single-family or duplex structure, landscaped buffer areas shall be required within required setbacks and landscaped as follows: Section 12. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by modifying Section 90-573(b) to read as follows: (b) Total area of all signs. The combined sign area of building signs, ground signs and pole signs is limited to one square foot for each linear foot of property on a frontage street, plus one square foot for each two linear feet of property on side streets. In addition the total area of other signs identified in subsection a 3 , above, shall not exceed 48 square feet. Section 13. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by modifying the title of Division 9 to read as follows: DIVISION 9. SPECIAL EXCEPTION AND SUPPLEMENTAL USE REGULATIONS Section 14. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, relating to required minimum side and rear yards for community centers, adult family care homes or assisted living facilities, and houses of worship as set forth in Sections 90-693(3), 90-695(3) and 90-696(3) each to read as follows (3) Minimum yards Front 40 feet Side 25 feet; 50 feet abutting residential zoning district or abutting an adjacent residential use in the same residential zoning district. Rear 25 feet; 50 feet abutting residential zoning district or abutting an adjacent residential use in the same residential zoning district. Section 15. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by adding a new Section 90-702 setting forth regulations specifically pertaining to outdoor vehicle sales lots, to read as follows: Sec. 90-702. Outdoor vehicle sales lot Outdoor vehicle sales lot requirements are follows: j� Location Where permitted by district regulations. Minimum lot area 6,250 square feet; 50 feet wi . 10,000 square feet; 100 feet wide (3) Minimum yards As permitted by district regulations. 4) Maximum lot coverage As permitted by district regulations. Language to be added is underlined Language to be deleted is struek ihreagH Ordinance No. 1079 Page 7 of 8 (5) Max. impervious coverage As permitted by district regulations Maximum height As permitted by district regulations (7) Special requirements Display area: Vehicle display areas may be grass or other surface but must be maintained in a sightly and dust free condition. Grass display areas are permitted only to the extent that they are identified on an approved site plan and such areas are in addition to the minimum 15% of the site that is required to be pervious. Vehicles on display must be located at least three (3) feet from any sidewalk or property line. Lighting: Artificial lighting used to illuminate the premises must be directed away from adjacent properties and streets, shining only on the subject site. Section 16. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 17. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 18. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 61' day of December, 2011. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 3rd day of January, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is simek-thfeagh Ordinance No. 1079 Page 8 of 8 NOVEMBER 17, 2011 - PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF 4 L AGENDA ACTION - DISCUSSION - VOTE V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. Petition No. 11-001-R continued. B. Consider motion and vote continued. VOTE HOOVER -YEA BURROUGHS-YEA BRASS -YEA KELLER- NAY LUVIANO -ABSENT MCCOY - YEA RITTER - YEA MORGAN - YEA MOTION CARRIED. VI. NEW BUSINESS - Chairperson A. Consider recommendations to City Council for amendments to the Mr. Brisson under the request of the City Council presented a memorandum outlining eight additional changes and/or City's Land Development Regulations - City Planner. additions to definitions of the Land Development Regulations. Aftersome discussion the Board recommended, with a few changes, the memorandum as presented. Mr. Brisson stated he would make the changes and present the recommendations to the City Council. VII. ADJOURNMENT- CHAIRPERSON. Chairperson Hoover closed the public hearing at 6.37 p.m. 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. DAWN T. HOOVER, CHAIRPERSON ATTEST: PATTY M. BURNETTE, SECRETARY Plan>nii1o, 11 & Manacrenient 1--wrv_ic:es� Inc. Memorandum To: Brian Whitehall, City Administrator From: Bill Brisson Date: N ovember 18, 2011 Subject: Potential changes to LDC The Plannin ; Board met on October 201" and discussed the twelve zoning issues that we initially discussed w_ th the City Council at its meeting on October 4"'. The Board also considered three additional it, ems at its meeting on November 17'". For each of the fifteen items we have provided a brief stater ient of the issue, some background and explanatory comments. With the exception of the new it ems, the commentary is virtually the same as in the memo initially provided to the City Council. There are, however, some changes. The Planning Board made some changes to our original i eeommendations and approved all final recommendations unanimously. Recommend ,-d changes are shown in standard legislative format with underlining indicating proposed additions and stfikeeut indicating proposed deletions. Changes or additions made subsequent t1 tose in our original memo to the City Council are highlighted. 1. TEMPORARY PRODUCE STANDS We hav been requested to revisit the issue of temporary produce stands. The specific question is whether or not to allow temporary produce stands to conduct business on private property in commercial areas using temporary structures; and if so, how would this best be ;accomplished? CURRENT REGULATIONS Section 10-665 of the LDC allows for the use of a temporary stand, booth, or similar tempora. y structure in a commercial or industrial district provided it is an extension of the principa. use on the property. All required setbacks, parking and sign regulations must be met. Thy temporary structure may be erected for no more than 15 days and no more fre- quently i han four times per year. Products for sale are limited only to the inventory of the principal use. Ordinance 742, adopted in March 2000, specifically prohibits temporary produce stands. 11 • COMMENTARY It has been suggested that Okeechobee is a rural community and temporary produce stands are common in such communities and should be allowed on private property within com- mercial areas of the City. While Okeechobee County can be described as a largely rural and agricultural area, the same cannot really be said about the City. In fact, by conscious effort, the City has made no provision for an agricultural future land use category or an agricultural zoning district. State law requires that local governments allow produce stands on agricultural lands. Therefore, most communities with agricultural zoning require that the produce stand be accessory to an agricultural production use on the same or adjacent site. This is also frequently the case when roadside stands are permitted. The purpose for allowing onsite and roadside produce stands is to allow farmers who are actively farming a low cost entrance into direct marketing of their farm products. When produce stands are allowed in commercial districts as an accessory use to another primary commercial use, the local municipality usually requires compliance with the following types of conditions: a. approval of a temporary use permit for a given period of time and a limited number of times such permits may be issued in any given year; b. issuance of a business tax receipt; C. written permission from the owner of the property; d. adequate sanitary facilities are available; e. compliance with the minimum parking requirements of the principal use; f. compliance with sign regulations; and g. vending stall or area will not be located in an area that will interrupt the normal flow of traffic. One of the problems with allowing temporary produce stands on private property is that it may lead to a slippery slope when it comes to enforcement. Other retail peddlers and mer- chants (e.g., rugs, furniture, artwork, trailer -based barbeque stands, etc.) will argue that they also should have the right to sell their products in similar locations. We believe it will be difficult to justify why a temporary produce stand should be allowed but the others should not. RECOMMENDATION In light of the foregoing, we do not recommend that the City modify the LDC to allow temporary produce stands. The Planning Board unanimously agreed that temporary produce stands should not be allowed. The Board was primarily concerned over the legitimacy of differentiating one type of peddler from another. WL Srn ii 11nri<i:) L�.c ;al (."�c:-inncmti Sins 1`)Y;8 2 2. DWELLING UNIT IN COMMERCIAL ZONING DISTRICTS CURRENT REGULATIONS The LDC currently allows "One dwelling unit per commercial building" as a Special Exception use the CLT and CHV zoning districts [§90-253(15) in the CLT district and §90- 282(17) in the CHV district]. COMMENTARY The LDC provides no direction as to how and where such dwelling unit is to be located. Without such direction, one could interpret it to mean that the dwelling could be located as a separate structure on the commercial property. We do not believe this was the intent, rather, we suspect the intent was for the unit to be part of the commercial building, most likely above the commercial use. Further, there is nothing in the Comprehensive Plan indicating that residential use is allowable on properties in the Commercial Future Land Use Category. We believe this should be addressed when the Comp Plan is updated and suggest that the City consider allowing more intense residential use above or behind commercial uses, thereby encouraging mixed -use. We also suggest that this could also be allowed in the CPO and CBD districts. RECOMMEDATION Defer changing the LDC until the Comp Plan is amended to accommodate residential use in the Commercial Future Land Use Category. The Planning Board unanimously agreed with the above recommendation. 3. REQUIREMENT FOR NEW DEVELOPENT TO PROVIDE SIDEWALKS CURRENT REGULATIONS Section 78-36 requires that all projects, except those in residential zoning districts, provide sidewalks along adjacent arterial streets, collector streets, or city rights -of -way. COMMENTARY In Okeechobee, the term "residential' has usually been interpreted as referring to single- family use, with duplex and multi -family projects having been viewed as "commercial". Therefore, the City has typically been requiring sidewalks in all cases except individual single-family construction on a platted lot. 11—i l i I.t, aA (Vmrnni .ni�; tiinri � 11 4. RECOMMEDATION To ensure clarity and consistency in implementation, we recommend modifying §78-36(a)(1) to read as follows: Sec. 78-36 Sidewalks, driveways, and pedestrian access. (a) When required. (1) All projects, except for those involving only one individual single-family structure, constructed in zoning districts set out in Section 90-71 of this Code, wherein the lands of the owner and/or developer adjoin a collector or arterial street or city right of way, shall provide sidewalks adjacent along each such street or right of way. The Planning Board unanimously agreed with the above recommendation. ELIMINATE §90-535, NONRESIDENTIAL; BUFFER REGULATIONS, IN ITS ENTIRETY CURRENT REGULATIONS Sec. 90-534. Required landscaped buffer areas. Except for those associated with an individual single-family or duplex structure, landscape buffer areas shall be required within required setbacks and landscaped as follows: (1) Minimum width of buffer along street frontage shall be ten feet and on other property lines, two feet. (2) At least one tree and three shrubs for each 300 square feet of required landscaped buffer. (3) Trees may be planted in clusters, but shall not exceed 50 feet on centers abutting the street. (4) The remainder of a landscape buffer shall be landscaped with grass, ground cover, or other landscape material. WI. , f"kk tir rein'„ It- tdla I;u.d A'm' IIJN`; Sec. 90-535. Nonresidential buffer regulations. Nonresidential landscape buffer areas shall be required within required setbacks and landscaped as follows: (1) Minimum width of buffer along street frontage shall be ten feet and on other property lines, two feet. (2) At least one tree and three shrubs for each 300 square feet of required landscaped buffer. (3) Trees may be planted in clusters, but shall not exceed 50 feet on centers abutting the street. (4) The remainder of a landscape buffer shall be landscaped with grass, ground cover, or other landscape material. 4 COMMENTARY As can be seen above, with the exception of the introductory paragraphs, §90-535 is a duplication of §90-534 RECOMMENDATION Consequently, we suggest eliminating §90-535 and changing the title and the introductory text of §90-534 to read as follows: See. 90-534. Required residential and nonresidential buffer areas. For all development undertaken throughout the city, except for these assoeiated with construction of an individual single-family or duplex structure, landscaped buffer areas shall be required within required setbacks and landscaped as follows: The Planning Board unanimously agreed with the above recommendation. 5. CHANGE THE TITLE OF DIVISION 9 ON PAGE CD90:52.1 COMMENTARY AND RECOMMENDATION The current title is misleading in that it refers only to Special Exceptions, but the regulations contained in the section also apply to certain permitted uses. Therefore we recommend changing the title to read as follows: DIVISION 9. SPECIAL EXCEPTION AND SUPPLEMENTAL USE REGULATIONS The Planning Board unanimously agreed with the above recommendation. 6. ADD DEFINITIONS FOR HEIGHT AND HEIGHT OF STRUCTURE CURRENT REGULATIONS The regulations for height in each of the zoning districts use the terminology "Maximum height of structure" or "Maximum height". However, the explanation of how to measure height is included in the definition of "building height" which reads as follows: "Building height means the vertical distance measured from the average elevation of a proposed finished grade at the front of a building to the highest point of the roof surface of flat and mansard roofs, and to the average height between the eaves and ridge for other types of roofs." folw- �,,, COMMENTARY AND RECOMMENDATION A building is only one of a number of types of structures for which height must be measured. Therefore, we recommend adding new definitions to §66-1, to read as follows: Height (See definitions for building height and structure height) .Structure height means the vertical distance measured from the average elevation of a proposed finished grade for the structure to the highest point of the structure (for roofed structures see Building height). The Planning Board unanimously agreed with the above recommendation. 7. CHANGE SETBACK PROVISIONS OF §90-693(3), §90-695(3) and §90-696(3) CURRENT REGULATIONS The above sections contain the setback provisions contained in the Special Exceptions section pertaining to Community Centers, Adult Family Care Homes or Assisted Living Facilities, and Houses of worship. Specifically, the side and rear setback requirements are 25 feet unless the use abuts a residential zoning district, in which case the setback is 50 feet. COMMENTARY AND RECOMMENDATION The current provisions do not require the increased setback when one of the above listed uses is located in a residential district and abuts a residential use in that same district. We believe that all adjacent residential uses should be protected by the greater buffer and therefore recommend changing Sections 90-693(3), 90-695(3) and 90-696(3) to read as follows: (3) Minimum yards Front 40 feet Side 25 feet; 50 feet abutting residential zoning district or abutting an adjacent residential use in the same residential zoningdistrict. istrict. Rear 25 feet; 50 feet abutting residential zoning district or abutting an adjacent residential use in the same residential zoning district. The Planning Board unanimously agreed with the above recommendation. 6 ti��r�. in!� t iuriJfl I •:u ;�1 t ���,i urnnx�ni ti tiinc c 1 �yi.�', t 8. FORMALIZE REQUIREMENT FOR A 20-FOOT PARKING RESERVOIR CURRENT REGULATIONS There is no specific requirement in the LDC to separate the first parking space in a parking lot from the right-of-way of an adjacent roadway. COMMENTARY AND RECOMMENDATION In order to avoid conflicts between traffic entering a parking area and vehicles pulling out of parking spaces or otherwise blocking entry into a parking lot, a 20-foot separation has, in most cases, been required by the TRC. This also provides stacking room off the roadway for a vehicle wishing to enter a parking area when entrance is blocked and the vehicle would otherwise be left sitting in the driving lane of the road. Therefore we recommend adding a new subsection 90-511(e)(6) to read as follows: (6) For new construction, no parking space accessed via a driveway from a public road shall be located closer than 20 feet from the ritzht-of-wav line of said public road. The Planning Board unanimously recommended that the requirement for the 20- foot reservoir apply only to new construction and unanimously agreed with the recommendation as set forth above. 9. REQUIREMENT FOR GARBAGE AND TRASH CONTAINERS CURRENT REGULATIONS Regulations governing containers for garbage and trash are contained in Sec. 30-35 of the City's Code of Ordinances. This section requires apartments of four or more units to use commercial sanitary garbage containers as required by the City. COMMENTARY AND RECOMMENDATION We believe this language is too vague. Rather, we suggest that residential developments of four or more units should be required to provide trash and garbage cans and/or dumpsters in a central facility that is screened from view by a fence or wall and that street -side pick- up should be prohibited. Therefore, we recommend modifying §30-35(c) to read as follows: 7 I1rn"if, I -A <.... ..rnnn w" l.i.n. 0 • Sec. 30-35. Containers required for garbage and trash. (c) All apartments of fouf unitsExcept for single-family developments all residential developments of four or more dwelling units must use are requifed to „so commercial sanitary garbage containers as approved by the city. Areas where such containers are located must be screened from view on all sides by a fence not less than four feet and not more than six feet in height with provision for convenient and safe access by the collection service. Street -side pick-up of garbage or trash is prohibited. The Planning Board unanimously agreed with the above recommendation. 10. DEFINITION AND REGULATIONS FOR "OUTDOOR VEHICLE SALES LOTS" CURRENT REGULATIONS The definition of and regulations for "Outdoor vehicle sales lots" reads as follows: Outdoor vehicle sales lot means an establishment for the sales of new and used operable vehicles including cars, campers, recreational vehicles, trailers, trucks, boats and similar vehicles; and farm equipment and mobile homes. There are no special regulations for outdoor vehicle sales lots. Rather this use is subject only to the standard lot and structure regulations of the CHV Zoning District (Section 90- 285) and the parking requirement of one space per 150 square feet of floor area. COMMENTARY The definition of and regulations for "Outdoor vehicle sales lots" are vague and should be clarified. Recently, property owners have attempted to apply some unique interpretations of the code relating to where and how an outdoor vehicle sales lot can operate. For example: The City received a request by the owner of an office building to rent an office and five (5) parking spaces to an individual for display and sale of used autos in the portion of the parking lot fronting one of the City's major roadways. We reviewed the situation and responded that this situation is not one that is appropriate for consideration as an "Outdoor vehicle sales lot" We explained that the special exception for an "Outdoor vehicle sales lot" is intended to allow the discrete use of an individual property for outdoor display of vehicles for sale, not the use of just a portion of a parking lot devoted to another use. To allow consideration of outdoor vehicle display in a parking lot of another business would open up the possibility of having outdoor vehicle display and sales in any parking lot that is underutilized. It could result in a proliferation of outdoor display and sales of L ti rrinq llnrida l au a( (;ncim inr nos tiin<<I^n. autos throughout the city in parking lots of businesses when the businesses are not doing well economically and the owners wish to use underutilized parking spaces to generate additional income. The definition of "Outdoor vehicle sales lot" should also be modified to specifically exclude golf carts, riding mowers and go-carts. This is to avoid the scenario where a business which displayed such items claims they qualify as vehicles and are therefore entitled to also display and sell autos, trucks, etc on the same site. Outdoor sales and display of golf carts, riding mowers and go-carts is approved under a special exception for "outdoor sales and storage" not for an "outdoor vehicle sales lot". We also question the 6,250 square foot minimum lot size now required for outdoor vehicle sales lots on the CHV District. We identified 12 new and used automobiles sales lots in and around the City only one of which is situated on a parcel of less than 10,000 square feet. Most of the smaller vehicle sales lots were on parcels between 14,000 and 21,000 square feet in area. RECOMMENDATIONS We recommend modifying the definition "Outdoor vehicle sales lot", the parking require- ment for automobile sales, and adding a new section, 90-702 providing additional regula- tions for this special exception use to read as follows: Outdoor vehicle sales lot means an establishment for the sales of new and used oper- able vehicles including cars, campers, recreational vehicles, trailers, trucks, boats and similar vehicles; and excluding golf carts, riding mowers, go-carts, farm equipment and mobile homes. 2. DIVISION 3. OFF-STREET PARKING AND LOADING Sec. 90-512. Space regulations. (2) Commercial Uses:... Automobile sales. 1 per 400 square feet of floor area, plus 1 per 1,500 square feet of outdoor area used for sales or display. 3. We also suggest that the City consider increasing the minimum lot size from 6,250 square feet and 50 feet in width to 10,000 square feet and 100 feet in width. The proposed language for new Sec. 90-702 follows: 9 �.rtingII. id'�Ln<oaI(r..�irnn;r;,�,tiir,r�-ly;i�; Sec. 90-702. Outdoor vehicle sales lot Outdoor vehicle sales lot requirements are as follows: (1) Location Where permitted by district regulations. (2) Minimum lot area 6250 square -feet -feet 10,000 square feet; 100 feet wide (3) Minimum yards As permitted by district regulations. (4) Maximum lot coverage As permitted by district regulations. (5) Max. impervious coverage As permitted by district regulations. (6) Maximum height As permitted by district regulations (7) Special requirements Display area: Vehicle display areas may be grass or other surface but must be maintained in a sightly and dust free condition. Grass display areas are permitted only to the extent that they are identified on an approved site plan and such areas are in addition to the minimum 15% of the site that is required to be pervious. Vehicles on display must be located at least three (3) feet from any sidewalk or property line. Lighting: Artificial lighting used to illuminate the premises must be directed away from adjacent properties and streets, shining only on the subject site. The Planning Board unanimously agreed with the above recommendation. 11. PERSONAL SERVICES IN THE INDUSTRIAL ZONING DISTRICT The question has arisen whether or not personal services should be allowed in the Industrial zoning district; and if so, what would be the best method of accomplishing this CURRENT REGULATIONS For the most part, uses allowed in the Industrial District are limited to what are considered the "heavier" commercial uses or standard industrial uses. However, there are significant exceptions. Specifically, business offices and business schools, and retail service and retail stores (which include restaurants, bars and taverns, printers, pawnshops, dance and music studios, and pet shops) are also allowed. All of these uses are also allowed in the CLT and CHV Zoning Districts. Personal services, however, are not allowed at all in the Industrial District. t 0!4%k 10 ,,,.:-.i,ip. I I ... i,ta I —:,I (uc,.-!" w, Sin., 1'Jlih COMMENTARY Communities with limited industrial lands frequently limit the list of permissible uses in conventional types of industrial and "heavier" commercial uses mainly to preserve industrial lands for industrial uses. "Lighter" or less intensive retail and personal service uses are discouraged in order to reserve the limited land available in the district for more conventional industrial uses which typically have potentially greater negative impacts on surrounding properties. When "lighter" retail and personal service uses are allowed, it is generally in recognition that these uses provide goods and services to the employees and customers of the "heavier" commercial and industrial uses. Allowing convenience types of retail and personal services uses in industrial zoning districts is becoming more and more acceptable as a way of reducing the need to drive from one's place of work to eat, get a haircut, drop off and pick up laundry, and meet similar types of personal needs. Recognizing that the LDC already allows certain retail and service retail uses, we believe it would be appropriate to also allow a limited variety of personal services. However, by expanding the list of allowable nonindustrial types of uses, we must recognize the possibility that these uses can be expected to compete with, conventional industrial uses for small locations within the Industrial District. Finally, we find it incongruous that a restaurant, because it is a component of the retail service category, is a permitted use in the Industrial District, but a cafe is allowed only as a special exception use. A cafe is just a small, less intensive, form of a restaurant. However, because the Industrial Future Land Use Category in the Comprehensive Plan does not indicate that commercial uses are anticipated in the Industrial category, we suggest deferring the recommended changes to the LDC until the Comprehensive Plan is amended to accommodate commercial uses in the Industrial Future Land Use Category. RECOMMENDATION After the Comprehensive Plan is amended we recommend modifying Sections 90-342 and 90-343 by adding barbershop, beauty shop, dry cleaner, nail care, tailor, and cafe to the list of permitted uses and deleting cafe from the list of special exception uses in the IND District. The proposed changes read as follows: Section 90-342, Permitted uses. (22) Caf6 (23) Barbershop, beauty shop (24) Dry Cleaner/laundry (25) Nail care (26 Shoe repair (27) Tailor Section 90-343, Special exception uses. (5) Gaf6 The Planning Board unanimously agreed with the above tivni h;; I�Inri<Ia Ino� l,�n c:n nxvits .tiirire IO�iN, 11 L recommendation. wili 12 tic rciti? Ilnr'tz1'� I <,�al (�<;�. �•r,�..,�i<�ni• Sinri� 19f;4 12. CHANGES TO DEFINITIONS It has been a long time since the definitions and use descriptions in the LDC have been updated. Some of the definitions, particularly those associated with permitted and special exception uses, are unclear and/or out -dated. We have identified those uses and terms we believe need to be clarified and have included recommendations for those in this memorandum. The Planning Board unanimously agreed with the following recommended changes to the definitions in the LDC. Adult family care homes or assisted living facilities means a building designed or used as permanent living quarters for six or more unrelated persons or families, in which individual cooking facilities are not provided. The term "adult family care homes or assisted living facilities" includes an adult congregate living facility, beur grouse, f atemity house monastery, and housing for the elderly. The term "adult family care homes or assisted living facilities" shall not include a hotel, motel, or nursing home. 2. Bar means an establishment for the sale and on -premises consumption of alcoholic beverages as a primary use, without live performers, and includes a tavern, cocktail lounge and saloon. 3. Boardinghouse means an owner -occupied dwelling, or part thereof, wherein f — more people are sheltered for p^in which lodging and perhaps meals, are pro- vided to individuals unrelated to the owner for compensation; includes a rooming house and hod and breakfast establishme 4. Bed and breakfast establishment means an owner -occupied dwelling in which overnight accommodations and a morning meal are provided for compensation to transients. The Planning Board suggested including a separate definition for "Bed and breakfast but has not seen the specific wording. With the change to the definition of boardinghouse and the addition of bed and breakfast establish- ment, the following changes are needed to the district regulations to ensure consistency, including renumbering the subsequent uses accordingly. RSF 1 District, Sec. 90-103. Special exception uses. (1) Boardinghouse (2) Bed and breakfast establishments with six or fewer sleeping rooms. L tirrtim� l�lnrirl�i f.�, :�1 (:-i+cnn ncv7ls Sn:r i „-,. 13 RSF 2 District, Sec. 90-133. Special exception uses. (1) Boardinghouse (2) Bed and breakfast establishments with six or fewer sleeping rooms. RMF District, Sec. 90-193. Special exception uses. (2) Boardinghouse (3) Bed and breakfast establishments. Cluster development means the development of residential dwelling units, or commercial, industrial or institutional building floor area, in which the density or intensity of the uses is increased by the transfer of density or intensity from one site or part of a site to another. Such development is authorized by permitting smaller lot sizes when a specified part of the land is placed in permanent conservation use. 6. Community center means a meetingassembly hall, museum, art gallery, library. sports elub, gymnasitim, hobby workshop eenter, adult edueation , a facility used for recreational social educational or cultural activities, and not operated primarily for profit. Dock means any fixed or floating accessory structure for securing vessels, loading or unloading persons or property, or providing access to the water. 8. Flag means any freely waving material containing colors, patterns, insignias or symbols except as otherwise defined for the pgMoses of distin uig_shing�a flag from a banner see definition of a flag in Division 5, Signs, §90-564). 9. Flea market means anoutdoor- _e+il sales ea in whieh pafeels of !a ' a market held in an open area or structure where parcels of land or portions of a building(s) are rented to individual merchants to display and sell goods 10. Floor area ratio means a ratio of gfoss floof area of all stfue*""e" on a lot to the It area the gross floor area of all buildings or structures on a lot divided by the total area of the lot. 11. Home occupation means a business, profession, or trade carried out for financial gain by a resident and within the resident's dwelling unit a w+ d, idii dyie lint fef fi al gain by an oeeupant of the dwelling. 12. Hotel means an establishment containing primarily sleeping accommodations for transient guests, with no kitchen facilities other than a microwave, coffee pot, and small_ refrigerator, and which may have restaurants, personal services and indoor recreation as accessory uses. L !"W "',,'-'�. It, 0, i„ .0 14 13. House of worship means a church, temple, synagogue and similar centers of an established religion for the primary purpose of conducting religious services on a regular basis. Dry cleaner/laundry means an establishment where retail customers drop off and pick up clothing for laundering and/or cleaning. Laundering and/or dry cleaning may be conducted on the premises. 15. Laundromat means an establishment providing home -type washing, drying, and dry cleaning and/or ironing machines on the premises for rental use to the general public. With the elimination of the current definition for Laundry and the addition of new definitions for Dry cleaner/laundry and Laundromat, the following changes are needed to the district regulations to ensure consistency. CLT District, Sec. 90-253. Special exception uses. (2) Dfy ^leaner '^,,,,dry Dry cleaner/laundry, laundromat CHV District, Sec. 90-282. Permitted uses. (5) Dry eleaner, laundry Dry cleaner/laundry, laundromat 16. Lower income family, means a family or household whose annual income does not exceed 80 percent of that of a median family or household income for the city, adjusted for household size. 17. Marina means a facility for storing, servicing, fueling, berthing, and securing of boats and which may include eating, sleeping, and retail facilities for owners, crews, and guests. 18. Nonconforming use means a lawful building, structure or land existing on the date of enactment or amendment of these regulations, but which does not conform to the use regulations of the district in which it is located. 19. Nursing home means an establishment providing permanent living quarters for three or more unrelated, disabled, sick or mentally ill persons, in which convalescent facilities and personal care is are provided; but not including hospitals, clinics and institutions. 20. Off-street loading space means space at least ten feet wide by 30 feet long by 14 feet high used for temporary location of one motor vehicle while loading or unloading MIL persons or cargo. 16 Crry n�I la niLI,%.I l,rvrnini-rue '.. < I'If; `i 21. Pier (see Dock) 22. Private club means an establishment catering exclusively to an association of persons and their guests, on a primarily not -for -profit basis and which is not available for unrestricted public access, includes fraternal lodge, sorority, and union hall. 23. Recreational vehicle park means land under unified control designed to accommodate twe of more shorttefm, short-term overnight parking of for five or more recreational vehicles, and not for permanent residential use. 24. Research laboratory means a facility for investigation into the natural physical or social sciences, which may include engineering and product development 25. Residential migrant housing facility means housing, provided for individuals and their families who are migrant farm workers to be occupied solely by such migrant farm workers and their families while employed in active agricultural operations 26. Restaurant means an establishment where food and drink are prepared served and consumed, mostly within the principal building. 27. Restaurant, take-out, means an establishment where food and/or beverages are sold in a form ready for consumption where all or a significant part of the consumption takes place outside the confines of the restaurant and where ordering and pickup of food and/or beverages may take place from an automobile when a special exception for drive -through service has been approved. With the addition of new definitions for Restaurant and Restaurant, take-out, the following changes are needed to the district regulations to ensure consistency. CLT District, Sec. 90-253. Special exception uses. (1) Restaurant, take-out restaurant, cafe. CHV District, Sec. 90-282. Permitted uses. (3) Restaurant, take-out restaurant, caf6. 28. Retail store means an enclosed establishment selling retailgood-s, and not manufaeturi^R any prod in which goods or merchandise are sold or rented directly to the general public; and, which does not involve the manufacture or processing of such goods except as may be incidental and subordinate to the retail sale as in the case of a retail bakery or jeweler. t 17 . i�iniilnrfL�„tal ec:unrt^i •: `,i _IVhR 29. Service, personal, means an establishment 'n� primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. These include barbershop, beauty shop, clothes cleaning and repair, dr.lR nor, nail care, pawnshop, reducing studio salons and health clubs, shoe repair, tailor, and similar uses not primarily offering a product for sale. 30. Service, retail means a restaurant, take-out restaurant, cafe, printer, pawnshop, dance or music studio, pet shop, as well as a bar or tavern for on -premise consumption of alcohol alcoholic beverages, and similar establishments. 13. RECTIFY INCORRECT REFERENCES Section 90-573(b) contains a reference to subsection "(1)(c)." This reference should be to "(a)(3)" and this section should read as follows: (b) Total area of all signs. The combined sign area of building signs, ground signs and pole signs is limited to one square foot for each linear foot of property on a frontage street, plus one square foot for each two linear feet of property on side streets. In addition the total area of other signs identified in subsection r,� (4)(3), above, shall not exceed 48 square feet. Section 90-316 contains a reference to section "90-394." This is an old section number. The reference should be to "90-315" and this section should read as follows: Sec. 90-316. Additional regulations. The following additional regulations shall apply to all uses within this district. In the event an applicant cannot comply with any additional regulation due to the requirements in section 90- 94 90-315, such applicant may, in conjunction with the site plan review by the technical review committee, request a waiver of any such additional regulation. ... L l.... r nnnrW �inrr 101i �; 18 14. CLARIFICATION OF MINIMUM YARDS FOR ZERO LOT LINE SINGLE- FAMILY DWELLINGS COMMENTARY The format of the current requirements for minimum yards in the RSF 2 District (Sec. 90- 135) and the RMF District (90-196) are not clear as they pertain to zero lot line single- family dwellings and have been subject to misinterpretation. RECOMMENDATION We recommend that Sections 90-135 and 90-196 be modified to read as follows: RSF 2 District, 90-135. Lot and structure requirements (b) Minimum yard requirements... (1) Single-family dwelling: Front 25 feet Side 10 feet Rear 10 feet Zero lot line single-family dwelling: Front 25 feet Side 15 feet and 0 feet Rear 10 feet RMF District, 90-196. Lot and structure requirements (2) Minimum yard requirements... (a) Single-family dwelling and two family dwellings: Front 25 feet Side 10 feet Rear 10 feet Zero lot line single-family dwelling Front 25 feet Side 15 feet and 0 feet Rear 10 feet 19 I -A r.... <.r,, 15. REQUIRE TRAFFIC IMPACT ANALYSIS TO BE SUBMITTED WITH APPLICATIONS FOR SPECIAL EXCEPTION AND SITE PLAN REVIEW CURRENT REGULATIONS When a property owner submits a request for a rezoning, a Traffic Impact Analysis is required to accompany the application if the proposed project generates 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of its publication Trip Generation - COMMENTARY We also suggest that applications for special exceptions and site plan reviews contain the same requirement since these applications deal with the specific use that will generate traffic. The wording in each of the applications (with the reference to rezoning, special exception, or site plan as appropriate to the specific application) is proposed to read as follows: Attach a Traffic Impact Analysis (TIA) prepared by professional transportation planner or transportation engineer, if the rezoning or proposed use [or special exception or proposed use] [or use for which the site plan is being reviewed] will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -by calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. While we feel it is important to receive approval for substantive changes to application requirements and the application forms, it is our understanding that changes to the application forms do not need to be adopted by ordinance. Should you have any questions, please call and we can discuss them. C 20 CJ ADDENDUM TO MEMO DATED NOVEMBER 18, 2011 Subsequent to forwarding to you our memo on the proposed changes to the Land Development Code (LDC), City Staff brought to our attention that the lack of a definition for "manufacturing" was causing some confusion as to what types of uses this term would encompass. To clarify the matter, we offer the following definition, which is a slightly modified version of that used in "The New Illustrated Book of DEVELOPEMNT DEFINITIONS." We request that that the City Council consider adding this definition under Ordinance 1079. Definition for "Manufacturing" Manufacturing means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the fabrication and/or assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors. December 6, 2011 Page 1 • a Henderson Ji,t- Fran 1<1 i n ,2'tQrM C 17 15 Monroe Street ATTORNEYS AT LAW Post Office Box 280- Fort Myer..FL33902-0280 Tel: 239.334.4121- Fax: 239.334.4100- www henlaw com Bonito Springs - Sanibel Reply 10 Robert C. 5hearnnn Board Cerdied Civil Trial Lawyer Oired Fax Nurrber 239344.1501 Abed Dal Number 239,34-4.1346 E-Mad: roberLsheaman(eh--nlaw0om December 5, 2011 VIA E-MAIL ONLY Brian Whitehall, City Administrator City of Okeechobee 55 S.E. 3`d Street Okeechobee, FL 34974 Re: Carter Pritchett Advertising, et al. v. City of Okeechobee Claim No. 010523-27122-EO-01 Insured: PRM/City of Okeechobee Centennial Builders and Carter Pritchett Advertising v. City of Okeechobee Claim No. 010523-028222-EO-01 Insured: PRM/City of Okeechobee Dear Brian: On Friday, December 2, 2011 1 met with John Cook and Steve Ramunni to discuss the Carter Pritchett and Centennial Builders' claims. As you recall, the Carter Pritchett action goes back to a 2007 Complaint seeking issuance of a common law Writ of Certiorari quashing the City's decision to revoke building permits issued to Carter Pritchett for the construction of a billboard at 701 SW Park Street, Okeechobee, Florida. The case also seeks declaratory judgment as to the status of the building permit and an award of monetary damages in excess of $15,000 for costs and expenses incurred by Carter Pritchett in commencing construction of its billboard. The Centennial Builders' Complaint was filed in 2008. It alleges that Centennial Builders submitted and filed a Uniform Permit Application on November 1, 2006 for construction of a billboard at 1301 North Parrot Avenue in Okeechobee, Florida. According to the Complaint, the application was submitted prior to the City's adoption of Resolution 06-10 on November 7, 2006 imposing a moratorium on the permitting and construction of billboard signs and the adoption of a new sign ordinance. Approximately two and a half months later, Centennial Builders was notified that its application was Henderson, Franklin, Starnes & Holt, P.A. • 0 Brian Whitehall December 5, 2011 Page 2 suspended. The Complaint seeks issuance of a Writ of Mandamus compelling issuance of the permit and seeks to state a cause of action under 42 U.S.C. §1983 for deprivation of Centennial Builders' Constitutional Right. Section 1983 claims cant' entitlement to recovery of attorney's fees. On January 12, 2010 a mediation conference was conducted addressing both cases. A settlement agreement was reached wherein Carter Pritchett and Centennial were to identify specific proposed parcels for the construction of billboards identified in the agreement within six months. One billboard was to be located on the State Road 70 corridor east of Taylor Creek in an area zoned "heavy commercial." The second was to be a replacement for the existing billboard on the State Road 15 North corridor whereby the existing billboard would be removed and a new one would be constructed with dimensions specified in the settlement agreement. Once the parcels for the construction of the new billboards were identified they were to be submitted to the City Council for review. Extensive delays occurred in the submission and consideration of the proposed billboard sites. In August, 2011 we received correspondence from the attorney representing Carter Pritchett and Centennial, Steve Ramunni, inquiring as to progress toward approval of billboard sites. Ramunni stated that he was contemplating several options, including revival of the long ago dismissed litigation. He filed a Public Records Request seeking transcript of the Executive Session held back on October 19, 2010 and stated an intention to pursue recovery of attorneys fees and costs. It is my understanding that the City Council discussed the meeting in open session at its meeting on November 1, 2011 and expressed interest in determining whether a monetary settlement could be reached whereby issues relating to the location and construction of a new billboard could be avoided completely. It is against this backdrop that John Cook scheduled a meeting with Steve Ramunni to discuss options in this case. I was advised of the meeting and made arrangements to attend. In my conversations with Ramunni prior to the meeting, as well as our discussions during the meeting itself, Steve made it clear that his clients were not interested in a monetary settlement. They want "one and a half" billboards in accordance with the mediated agreement. Steve explained that they initially sought three billboards, but reduced their demand in an effort to reach an accommodation. In the event they are not allowed to construct a new billboard, as specified in the settlement agreement, Ramunni stated that his clients intend to recommence the litigation seeking injunctive relief requiring issuance of the permits and allowing for construction of the billboard, as well as recovery of monetary damages. Among the items we discussed was the potential for the location for construction of the new billboard to be changed. Ramunni stated that his clients had examined possibilities to move the billboard farther east on State Road 70. He stated that due to considerations involving a water body, other signs, and interference with additional Henderson, Franklin, Starnes & Holt, P.A. U Brian Whitehall December 5, 2011 Page 3 landowner uses, his clients had not been able to locate another suitable location. John Cook suggested that the Hampton Inn property might present a suitable alternative. Steve agreed to relay this information to his clients and check into it. We also discussed the potential for these claims to "open the floodgates" and allow construction of additional unwanted billboards within the City limits. Because of the unique factual scenario giving rise to these cases, however, I do not believe this is a realistic concern. It was because permit applications were filed and permits were actually issued prior to enactment of the moratorium and revision of the sign ordinance that Carter Pritchett and Centennial Builders claim their rights under state and federal law have been violated. Okeechobee ought to be aware of any other individuals or entities which are similarly situated. I have heard of none to date and the applicable statute of limitations for actions based upon the common law or federal civil law should have run. It is my understanding that this matter will be addressed at the City Council's upcoming meeting this week. It seems to me that the alternatives are to deny reconsideration of the permitting decisions entirely. This would force Attorney Ramunni to recommence the litigation and require that the claims be defended through trial. There is certainly the potential for a completely successful defense to be mounted. There is also, however, the potential that the Court could determine that one or more of the permitting decisions was improper and that Carter Pritchett and Centennial Builders are entitled to construct their billboards in the locations for which they originally applied. This would certainly be problematic for the City, as the proposed locations are particularly objectionable. Such an Order would likely award money damages for justifiable reliance damages as well. A Court could also find that Centennial Builders' Constitutional rights to equal protection and due process were violated justifying an award of attorney's fees and costs. The Council would also choose to implement the settlement agreement. This could allow the City some flexibility in determining the location of the sign to ensure that it is placed in the least offensive location. The City could also negotiate a time limit for the life span of the sign. Previously we had proposed a ten year limit. Ramunni has counter -offered with twenty years. It seems that a reasonable settlement could likely be reached in the middle for fifteen years. This time limit is likely something which could not be achieved through litigation. Henderson, Franklin, Starnes & Holt, P.A. Brian Whitehall December 5, 2011 Page 4 It is my understanding that John Cook will be in attendance at the meeting. 1 anticipate that he will be in a position to respond to any additional questions or comments you might have. if I can be of additional help, however, please give me a call. Very truly yours, /s/RP6at C. shwman (signed in 94r. SFreamwn`s a6sence to avoid delay) Robert C. Shearman RCS/cgw cc: Betsey Pasanen, Gallagher Bassett Frank Shore, PRM Norman Mokhiber, Gallagher Bassett Henderson, Franklin, Starnes & Holt, P.A. November 28, 2011 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 100'r I y-- Dear Sir or Madam: My name is Charles "Chief' Robbins with CRAssociates, Inc. Iocated in Newington, Virginia. Our firm is in the process of developing six sites throughout south Florida to serve our valued Veterans in specific areas for the Department of Veterans Affairs. Our firm is the largest provider of these physician offices in the country under contract to the VA and Department of Defense. Upon notification from the Department of Veteran Affairs to proceed, our firm would be completing a tenant improvement for the single story, medical property located at 210 NW 5ffi Street, Okeechobee, FL 349792. It is our goal to have our sites ready for development upon the notice to proceed by the Department of Veteran Affairs and be fully operational in the April 2012 timeframe. For this reason, we have developed full A/E drawings for the proposed medical office and retained our contractor, Chapman's Construction Company to perform the work if notice is given to proceed. Mr. Chapman is keenly familiar with all aspects of the facility and building process as well have met preliminary with the local building department to clearly understand what your jurisdiction expects and warrants. The exclusive VA facility will serve Veterans who are enrolled, and see no outside private patients. Approximately 1,200 local Veterans in the area are assigned to the medical office facility. This facility is your typical doctor office facility. It will have one physician and a staff of about 6-8 full time employees. All visits are by appointment for routine primary, doctor office care. The facility is anticipated to see two patients per hour orb-pcorgie~get- appoi dirrinb the..e'�ht hour day. No more than an averag king spaces will -be) oc pied per hour in our esti tions. There are 26 spaces on site and additional overflow street parking. ave a small lab area for basic drawing, hearing testing room, various administrative areas, staff lounge, storage, modest waiting area, and restrooms. It is your typical physician's office open from 8 a.m. till 4 p.m., Monday through Friday, and closed on federal holidays. There are no invasive procedures, ambulances, or overnight stays. -biS+rZbiJ0 px-ioi- h bAc. b Cou" AWRn9j T-Wr, D 8580 Cinderbed Road, Suite 2400 • Newington, VA 22122 • Telephone (703) 550-8145 • Fax (703) 550-1880 The site was selected as an optimum location central to the Veterans of the area and offers a nice image, more than enough parking for our use, and already zoned for medical office use. We are excited about the opportunity to serve the area's Veterans at this location for many years to come. The facility will be a first class platform for care to our valued Veterans and will be maintained to the highest standards, both internally and outside. Our goal is to work closely with all jurisdictions in opening these doctor offices to assure the highest level of quality and compliance exists in the communities. Should you have any question �e lease feel free to call me or contact me at 703-550- 8145 or my cell pho t 703-283- 8 and I will be happy to clarify. We look forward to proudly servingoTr Yeterans sincerely appreciate your cooperation in this regard. Thank obbins ("Chief') V r ecutive Vice President CRAssociates, Inc. KIMBERLY JONES Notary Public Commonwealth of Virginia 7259862 My Commission Expires Nov 30, 2013 IM NW 2ND AVE 171 • WOMEW EXAMI b,o m rur (l s WOMEN'S EXAN 4 A1.01 SCALE: 114' =1'-0' TELE-HEALTH ROOM a ND TYPICAL EXAM ROOM A1.01 SCALE- 1/4"=1'-0" ENAm RM AUDIO FITTINGITREATMENT ROOM, s TELE-RETINAL AND TYPICAL EXAM ROOM A1.01 SCALE: 114"= l'-0" 1GONTMCTUR SFNLL REMOVE ALL PARTR1p15. DOptS. FRANFB. GEEWO SYSTEMS. FLOOR FW6Nfs, MELWORK, pAU RUNAIxG fOfNRE3. AS Mr.ATEDOx PLAN. R. CONtRALroR SHW fMLFFALL F%BFWG RLwBWG PS REQu D. .1- LONTULTOII TO REUSE IXISIW6DODR1i.D00RF ME5, XMDIMME uDrn Fuc1liREs. caurxi Dtm Arm TEE.WATER HFATf328.5NNs, TCYLETSAND ACGESSURE6IR POSEIBIE. cOpIMW.TE wITHCM PgOlEtif LIHALLTE0. �- PATCH L.WG.AW LLI RMAACED URr«aLraovE•.Aw SELOM CFXWG. 5- REPAN ALL DAWITMDRYWALLLABOVE LfAM1G. 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PR0.r1EMOEnUIE RE961WlT G'rPSUM wuieRamox mErsAx: a AW lORS sroE 0 NoruEEo �vr METAL snnsq M'oc.wbrnw FWIr,ODE c•crvaWwAusowD �EAw wEwi t n THE;K rHERw.roaL sAfe ro uNceRsnEa anus.+ RATED UL OESpNU1M. i6le'tAETAy 9TIAsmte'OG.tAv S'r Twc FIREL'ODE'L'OVPSW wALLB(wRR ON FAt I AOE WI i VI 111L (l1EBLMFIBFR 8VR TO UMER9IDEOF sTrelcnME AMwE.WALLroawEo xrsA•rErWncD.FME REsuiANr PAIIR.1 Mi MTEO UL pFeIDNu 116. 10-2 AUg01 1 iN�FI O ' Q AUOIOLOGMT RF Tww 1R� UTEItt� 11} WWTEWVKE ' COVERED WALKWAY rELL+IEAIn+ CONF.RODM WAITING ,2m' CORRIDOR RE ►kl 1A1 LAB/ BLOOD DRAW 11� LAB WARM 115 116 IE�EMH 1 8 COF44DOR 1A9 FLOOR PLAN LEGEND E%uTMC PAA-DTroM � r--Lf°`Y-rt-1�"'-�-e 4 ® xew PMrRKW rR UNDERSIDE DF TRU55 ® NEW 1NR, fE1E MTED PARnTATN rD uMOEuwE OF TRL6g Ia=w PARr1TXW NEW DR E%6,.IDODDR 1 FLOOR PLAN ISEE DooR scHEDuIEI A1.01 SCALE: 1B'=1'-0" �— o-axmAiN rvFs ROOR DRAW ® FwE ExTEicuISHER NOTE: ALL DIMENSIONS ARE FROM FACE OF DRYWALL TO FACE OF DRYWALL. w N • • EXHIBIT 4 Dec 6, 2011 DRAFT ORDINANCE NO., AN ORDINANCE GRANTING TO FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR A PERIOD OF 30 YEARS TO CONSTRUCT, OPERATE, MAINTAIN, OWN AND TRANSPORT IN THE CITY OF FLORIDA, WORKS FOR THE MANUFACTURE, TRANSMISSION, DISTRIBUTION, TRANSPORTATION, AND SALE OF GAS, INCLUDING NATURAL, MANUFACTURED OR MIXED GAS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE UPON FINAL PASSAGE. WHEREAS, the City of (hereinafter referred to as the "City") exercises control over all publicly dedicated rights -of -way, streets, alleys, bridges, easements and other public places located within the limits of the City; and WHEREAS, Florida Public Utilities Company, (hereinafter referred to as the "Company") has requested permission from the City to erect, construct, operate and maintain a gas system; to import, transport, sell and distribute gas, whether natural, manufactured or mixed within the City; and for these purposes to establish the necessary facilities and equipment and to lay and maintain gas mains, service pipes and any other appurtenances necessary to the sale, transportation and distribution of gas in and along the streets, alleys and other public ways of the City; and WHEREAS, the aforesaid rights -of -way to be used by the Company are valuable public properties acquired and maintained by the City at great expense to the City's taxpayers, and the right to use said rights -of -way is a valuable property right without which the Company would be required to invest substantial capital and property acquisition costs; and WHEREAS, the City desires to insure that the aforesaid rights -of -way used by the Company are promptly restored to a safe and secure condition to protect the health, safety and welfare of the citizens and residents of the City; and WHEREAS, state statutes and City ordinances authorize the City to grant nonexclusive Franchises for the purposes set forth herein; NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF , FLORIDA: Grant of Authority. There is hereby granted by the City to the Company the non-exclusive right, privilege, or franchise to erect, construct, operate and maintain a gas system and to import, transport, sell and distribute gas, whether natural, manufactured or mixed, within the City, and for these purposes to establish the necessary facilities and equipment and to lay and maintain gas mains, service pipes and any other appurtenances necessary to the sale, transportation and distribution of gas in and along the rights of ways, streets, alleys, bridges, easements and other public way of the City. 2. Non-exclusive Grant. The right to use and occupy said rights of ways, streets, alleys, bridges, easements, and public ways and places for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of said rights of ways, streets, alleys, bridges, easements, or other public places and ways, to any person and/or entity at any time during the period of this franchise. This franchise shall grant the privilege of carrying on the business in all of the City or in part of the City, with no promise that there will be no competition. In the event the City grants a franchise to the competitor of Company, the grant shall not interfere with Company's rights granted hereunder, including physical location of improvements, except as to matters that occur as a result of competition. The City does hereby agree that during the term of this franchise it shall not compete with Company unless it becomes necessary to do so in emergency circumstances. The City shall tender proof of said emergency to the Company upon request. 3. Compliance with Applicable Laws and Ordinances. The Company shall, at all times, during the life of this franchise, be subject to all lawful exercises of police power by the City, and to such reasonable laws, rules and regulations as the City shall hereafter, by resolution or ordinance provide, including, but not limited to, any ordinances pertaining to excavation, reconstruction and development requirements and standards all of which shall not be in conflict or inconsistent with Promulgated Safety Rules and Regulations of the Florida Public Service Commission and Federal and/or Florida Departments of Transportation. 4. Company Liability — Indemnification. It is expressly understood and agreed by and between the Company and the City that as additional consideration for the grant of this non-exclusive franchise the Company shall fully indemnify and hold harmless the City its officers, agents and employees from all claims, debts, liabilities, demands, interests, court costs, attorney's fees (including bankruptcy and appellate attorney's fees) to itself or any third person, taxes (including but not limited to any real, personal and sales taxes attempted to be assessed and/or assessed as a result of this Franchise Agreement), whether for bodily injury, death, property damage or otherwise, in any way arising out of the operations of Company or of its gas system in the City contemplated by this Agreement and/or related work upon Company's gas system whether directly authorized by this Agreement or not. 4 The City shall notify the Company's representative in the City within thirty (30) days after the presentation of any claim or demand, either by suit or otherwise, made against the City on account of any neglect, default or misconduct, as aforesaid on the part of the Company. Provided further, nothing herein is intended to act as a waiver of the City's rights, privileges, and immunities under the doctrine of "sovereign immunity" and/or limits of liability set forth in section 768.28 of the Florida Statutes regardless of whether any such obligations are based in tort, contract, statute, strict liability, and negligence, product liability or otherwise. The provisions of this section shall survive this Agreement. 5. Service Standards. The Company shall maintain and operate its system and render efficient service in accordance with the rules and regulations as are, or may be, set forth by the Florida Public Service Commission and/or other agency and/or entity with jurisdiction to regulate and/or promulgate rules regarding Company's operations. In the event Company or any aspect of the natural gas trade, as contemplated hereunder, is deregulated, the Company shall maintain and operate its system and render efficient service in accordance with the rules and regulations as are, or may be, promulgated by the City. In the event the City has not promulgated rules and regulations, at the time of deregulation, then, the Company agrees to maintain and operate its system in compliance with the rules and regulations by which they are governed prior to deregulation until such time as the City has had an opportunity to promulgate rules and regulations or pass an ordinance governing those items regulated by the Florida Public Service Commission, governing service standards, safety standards and quality controls. In the event of deregulation, the City does hereby agree, it will not regulate rates. 6. Conditions on Construction Location Restoration and Relocation. All pipes, mains, conductors and other appurtenances, including connections with service pipes, hereafter laid in streets, alleys, avenues, or other public places, shall be laid under the supervision of the City Manager or his designee. Company shall provide reasonable egress from and ingress to abutting property. Notification of said construction, location, restoration or relocation of Company facilities shall be furnished to the City Engineer or his designee by delivery of a letter accompanied by plan drawings showing the proposed work. Said notification shall be submitted no less than three (3) working days prior to commencement of work, with no other application, permit, plan review fees, inspection fees or approval being necessary and at no cost to Company. As soon as practical, but no more than 15 working days after completion of the work, the Company shall submit as -built drawings to the City Engineer or his designee, completing the notification/approval process for said work. All pipes, mains, conductors and other natural, artificial or mixed gas equipment and apparatus, including connections with service pipes, laid or 3 placed by the Company shall be so located in rights of ways, streets, alleys, avenues, bridges, easements or other public places in the City so as not to obstruct, disturb or interfere with any traffic, water flow, water pipes, sewers, drains, catch basins, pavement, sidewalk, driveways, or any other structures installed or any other function of said structures of the delivery of municipal services by the City. The Company shall, when practicable, avoid interfering with the use of any right of way, street, alley, bridge or other highway where the pavement or surface of the streets would be disturbed. In the event drain, sewer, catch basins, water pipes, pavements or other like improvements or the function of said improvements are impaired or injured by such construction, location, restoration or relocation, the Company shall forthwith repair the damage or dysfunction at its sole cost and expense, to the condition prior to said damage or dysfunction. In this regard, the City shall give written notice to Company pursuant to paragraph 19 hereof, of deficiencies that need to be cured by Company. Said notice shall set forth a reasonable period of time, under the circumstances, in which the Company shall cure said deficiency. In default thereof, the City may repair such damage or dysfunction and charge the cost thereof to the Company and collect the same from the Company. In the event at any time during the period of this franchise the City shall lawfully elect to alter, or change the grade of any street, alley or other public way, the Company, upon reasonable notice by the City, shall remove, relay, and relocate its mains or service pipes, manholes and other gas fixtures at its own cost and expense. Company agrees to comply with all validly enacted policies, resolutions and ordinances relating to City landscape buffering and other such design and development standards. That for and during the period of this franchise, the City, through its designated agent, shall at all reasonable times, and at the expense of the City, have the right to inspect any and all gas lines belonging to and operated by the Company. 7. Right of Way Not Warranted. The City does not warrant any right, title or interest of any street, alley, or other public way in existence, or hereafter acquired, used by the Company or as may be used by the Company in the future. In the event that the City closes, vacates or otherwise abandons any street, alley or other public way, City shall provide to Company an acceptable easement for Company -owned facilities installed within said street, alley or other public way. 8. Annexation or Contraction. Company agrees that the geographical limits of the franchise area are subject to expansion or reduction by annexation and 0 contraction and that Company may or may not have vested rights in annexed or contracted areas, as may be governed by applicable law. Upon the annexation of any territory by the City, the right, privilege and permit hereby granted shall extend to the territory so annexed, when permitted by law, and all facilities owned, maintained or operated by said Company, located within the territory so annexed upon any of the streets, alleys, or public ways situated in such annexed territory, shall thereafter be subject to all of the terms herein as permitted by law. 9. Approval of Transfer. The Company shall not sell or transfer its system (that portion which is subject to this ordinance) to another person and/or entity, nor transfer any rights under this franchise to another person and/or entity without approval by the City Mapager and said approval will not be unreasonably withheld. In the event the City Manager does not act upon the issue of approval within forty-five (45) days from presentation, then approval shall be deemed to have been granted. Provided, that no sale or transfer shall be effective until the vendee, assignee, or lessee has filed in the office of the City Clerk an instrument, duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of the franchise, and agreeing to perform all the conditions thereof. 10. City Rights and Franchise. The right is hereby reserved to the City to adopt, in addition to the provisions herein contained and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power, provided that such regulations, by ordinance or otherwise, shall be reasonable, and not conflict with the rights herein granted, and shall not conflict with the laws of the State of Florida. The City shall have the right to supervise all construction, location, restoration, relocation and installation work performed subject to the provisions of this ordinance and to make such inspections as it shall find necessary to insure compliance with governing ordinances and Florida Public Service Commission regulations. The failure on the part of Company to comply in any substantial respect with any of the provisions of this ordinance and franchise agreement granted hereunder shall be grounds for revocation of this franchise by the City Commission. Prior to revocation, City shall deliver a written notice, to Company, pursuant to Paragraph 19 hereof, specifying the non-compliance, including a notice that, if the non-compliance is not corrected within a stated number of days, which shall be reasonable under the circumstances, the City shall be permitted to revoke this franchise by reason thereof. Upon the revocation of this franchise by the City Commission, or at the end of the term of this franchise, the City shall have the right to determine whether the Company shall continue to operate and maintain its system pending the decision of the City as to the future maintenance and operation of the system. 5 Nothing in this Franchise shall be construed to prevent the City from acquiring company occupied and/or owned real estate through the exercise of its powers and rights under eminent domain and/or through condemnation proceedings. However, nothing in this Franchise shall be construed as the Company's agreement or acquiescence in any such attempted condemnation by the City. 11. Payment to the City. In consideration for the granting of this Franchise, the Company, its successors and assigns, shall pay to the City, and its successors, an annual amount which will equal six percent (6%) of Company's annual gross operating revenue taken in and received by it for providing all aspects of natural gas service to its customers within the corporate limits of the City, as now or hereafter constituted. The Company shall pay the franchise fee provided by this section quarterly on January 1, April 1, July 1 and October 1 of each year during the term of this franchise. Any payments not made by the Company within 20 days after the date said payment is due, shall thereafter be payable with interest at the highest rate allowable by law. It is specifically agreed that the aforementioned revenue shall include only the revenue from "residential" and "commercial" customers' and shall exclude revenues from "interruptible," "industrial" and "other" customers, until and unless a franchise or utility tax is imposed on such interruptible, industrial or other customers, either independently or collectively, of all other competing utility services in the City's corporate limits, including, without limitation, the imposition of franchise or utility taxes on all grades of fuel oils or gases used for "interruptible" or "industrial" or "other" customers at a relatively equal basis on the total of franchise at 6% as contemplated hereunder plus utility taxes as levied on natural gas pursuant to statute and/or rule. Except as otherwise provided for within this Ordinance, the Company shall at all times continue to be subject to and shall pay to the City all legally authorized public service taxes, ad valorem taxes (intangible, personal, real), occupational taxes, and any and all other valid tax, levied or imposed by the City. Such charges and fees shall include but not be limited to licensing, permit fees, development review and inspection fees and all other such fees including fees, charges, taxes and/or assessments validly adopted and/or imposed during the term of this Franchise Agreement. 12. Records and Reports. The City shall have access, at all reasonable business hours, to all of the Company's plans, contracts, engineering, accounting, finance, statistical, customer and service records relating to performance under this ordinance. As well, the City shall have access to all records on file with the Florida Public Service Commission. The Company does hereby acknowledge they have a statutory right to maintain 2 confidentiality with regard to certain items filed with the Florida Public Service Commission. The Company does hereby permit the disclosure to City of any and all records and reports filed with the Florida Public Service Commission, which may be relevant to this ordinance, as may be requested by the City. The City shall maintain confidentiality of said records and reports provided the City is legally permitted to do so. In accordance herewith, the Company does hereby authorize the Florida Public Service Commission to furnish full and complete records and reports to the City, as may, from time to time, be requested by the City. As well, Company shall provide directly to the City an annual summary report showing gross revenues received by the Company from its operations within the City during the preceding fiscal year and such other information as the City shall request with respect to properties, quality control, and expenses related to the Company's service within the City. 13. Effective Date and Term of Franchise. The franchise and rights herein granted shall take effect and be in force from and after the first day of the month following the final passage hereof, as required by law, and upon filing of the acceptance by the Company with the City Clerk and shall continue in force and effect for a term of thirty (30) years after the effective date of this franchise. This ordinance shall take effect upon passage, provided that within twenty (20) days of said date, the Company shall signify its unqualified acceptance of this franchise, in writing. Provided, that if the acceptance is not filed within twenty (20) days, the provisions of this franchise shall be null and void. 14. Publication Clause. The Company shall assume the cost of publication of this Franchise as such publication is required by law. A bill for publication cost shall be presented to the Company by the City Manager upon the Company's filing of acceptance and shall be paid at that time. 15. Penalties. Provided, that any violation by the Company, its vendee, lessee or successor of the provisions of this franchise or any material portions thereof, or the failure to promptly perform any of the provisions thereof, shall be cause for the forfeiture or revocation of this franchise and all rights hereunder by the City after written notice to the Company, Company's failure to cure and continuation of such violation or failure. 16. Law Governing and Venue. This ordinance and the Franchise Agreement granted hereunder shall be interpreted under and governed by Florida law. Venue for any actions arising out of this Franchise Agreement shall be in the State Courts in and for Polk County, Florida. 17. Entire Agreement. This Franchise Agreement and any additional or supplementary exhibits or schedules incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject 7 matter of this Agreement or any part thereof shall have any validity or bind any of the parties thereto. 18. Attorney's Fees and Expenses. Except as otherwise provided for herein, the City and the Company hereto agree that if litigation becomes necessary to enforce any of the obligations, terms and conditions of this franchise, the prevailing party shall be entitled to recover a reasonable amount of attorney's fees and court costs, including fees and costs on appeal, from the non - prevailing party. 19. Notices. All notices by either the City or the Company to the other shall be made by depositing such notice in the certified mail of the United States of America, return receipt requested, and such notice shall be deemed to have been served on the date of such depositing in the certified mail unless otherwise provided except in exigent circumstances in which case hand delivery will be acceptable. All notices shall be addressed as follows: If to Company: Florida Public Utilities Company 401 South Dixie Highway West Palm Beach, Florida 33401 Attention: Vice President - Regulatory If to City: Attention: Notice shall be provided to the above -named addressees unless directed otherwise in writing by the City or the Company. 20. Non -waiver Provision. The failure of any party to insist in any one or more instances upon the strict performance of any one or more of the terms or provisions of this ordinance shall not be construed as a waiver or relinquishment for future of any such term or provision, and the same shall continue in full force and effect. No waiver or relinquishment shall be deemed to have been made by either party unless said waiver or relinquishment is in writing and signed by the parties. 21. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of a competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions hereof. 22. Scrivener's Errors. Sections of this Ordinance may be renumbered or relettered and the correction of typographical and/or scrivener's errors which 8 do not affect the intent may be authorized by the City Manager or his designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 23. Ordinances Repealed. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. INTRODUCTED AND PASSED ON first reading this day of , 20_ PASSED on second reading this day of ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY . 20 . CITY OF , FLORIDA MAYOR -COMMISSIONER 9 UNCONDITIONAL ACCEPTANCE BY COMPANY I, the undersigned official of Florida Public Utilities Company, am authorized to bind Company and to unconditionally accept the terms and conditions of the foregoing Franchise (Ordinance No. ), which are hereby accepted by Company this day of , 20 . Florida Public Utilities Company Name: Title: Subscribed and sworn to before me this day of 20_ Notary Public in and for the State of Florida My commission expires Received on behalf of the City this day of , 20_. Name: Title: 10 • , 'i U T I L I T I E S - energy for life Natural Gas Franchise Request City of Okeechobee Commission Meeting December 6, 2011 Chesapeake Utilities Corporation ■ Chesapeake and Florida Public Utilities Company (FPUC) merged in October 2009. • • Chesapeake is a diversified utility company: • Regulated energy distribution and transmission. • Unregulated propane gas distribution and wholesale marketing. • Information technology and other interests. • FPUC (gas and electric distribution) and Peninsula Pipeline Company (intrastate gas transmission) are wholly -owned subsidiaries of Chesapeake. ■ Chesapeake is publicly traded (NYSE: CPK). • Energy delivery businesses serve over 200,000 customers in five states. ■ Chesapeake dates to the original Dover (Delaware) Gas Company formed in 1859. 2 Florida Public Utilities Company (FPUC) ■ Service to Florida consumers since 1929. • ■ FPUC provides natural gas, propane and electric service in 30 Florida counties. • All FPUC natural gas and electric operations are regulated by the Florida Public Service Commission (rates, safety, terms of service). • 3 • FPUC Primary Market Areas FLORIDA ENERGY PRESENCE Holmes County Jackson County j Gadsden County Union County / / 1 SuwanneeCounty I Washington County , Calhoun County Alachua County i Liberty County Gilchrist County Levy County-ft7 Marion County Citrus County Sumter County — Hernando County 'rasco'lounty H,Ilsborough County Nassau County -.. Amelia Island Duval County �?Ay.,ounty St. Johns County i Flagler County Polk County ' DeSoto County FLORIDA r Natural Gas ■ Propane ■ Electric Natural Gas and Electric ■ Natural Gas and -Propane E Propane and Electric Volusia County - Lake County Seminole County L0� ange County ceola County revard County Indian River County W. St. Lucie County Martin County Palm Beach County Broward County tr.r • Okeechobee, Expansion Project ,,a 391h Circle Gate Station Site _ �� Basswood Whispe Q Estates Pines 718 m NW 341h St Q NW 301h St > Q Z y N M lh 0 D N 24th St Z z NW 24h StNW 23rd Ln a rn NW 20th St + okeeehotxa• NW 20th LAo rn NW 181h St C- ty Pirporr Hails Rd 3 �c Q a > Bair m m M w Q Quaters E 91h St m -- m 7 w NW Olt St NW 7th St w 3' A E NW 6111 St 4 1 S SR�� NW 41h St NW 51h St NW 4th St m D NW 2rd St NW 2nq Sl E 3rd St N1= 2nd Sl ry 70 SR-70 W SR-70 X,� - Cypress Center St 2 Quarters 5 SE 4th St SiQ-1- SW 61h St SW 8th St r m ro 70n SW 9lh St �� 1Y �g J' rn a y N m SW 16111 St SW 15th St ty rn in 6E 1911, Q n y SE 25th St z � - m Maple St Wolff Rd SW 28th St v7 SE 281h o, SE 28th St '-1 Q N L_ L Q b N r19 m BmIBIT 5 DEc 6, 2011 CITY OF OKEECHOBEE (863) 763-3372 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY ADMINISTRATORS OFFICE 55 SE 311D AVENUE OKEECHOBEE, FLORIDA 34974 NAME:(_-LL.((' iz " 0 6 ADDRESS: a A,v cis' TELEPHONE: 6 `i ! S S S t 6 M- 1 Z FAx: FAX (863) 763-1686 MEETING: REGULAR ( SPECIAL ❑ WORKSHOP ❑ DATE: D OC PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: PQ6 Duce (c_ PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH: o(A 112 C 1L PLEASE STATE DESIRED ACTION BY THE CITY COUIICIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF A PRESENTATION IS TO BE MADE, PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. SIGNED BY: (z w1—c �--- DATE: l 1. • 0 LXflIBIT 6 DEc 6, 2011 CITY OF OKEECHOBEE (863) 763-3372 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY ADMINISTRATORS OFFICE 55 SE 3"DAVENUE OKEECHOBEE, FLORIDA 34974 NAME: ADDRESS: r 1 i1 ,t - 21 L n /La ` c:: -, (sec F( 3'Y 7P- TELEPHONE: ? / 2- 021 -- O 7 S—lf FAX: FAX (863) 763-1686 MEETING: REGULAR SPECIAL ❑ WORKSHOP ❑ DATE: PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA PLEASE STATE WHAT DEPARTMENTH: S) YOU HAVE WORKED WIT ff PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: 4�> iv r-'(ti #-I T',b (emu.,. PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: U c } c-vu1--.. ;,�.:.`..,._... �✓ V� �.� S 61x_ �✓ c;` -t e=-:r 7�C' .r zs<- C.IaSc: IF A PRESENTATION IS TO BE MADE, PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. SIGNED DATE: //I ,712v CITY OF OKEECHOBEE PARK COMMITTEE OFFICIAL MINUTES NOVEMBER 29, 2011 I. CALL TO ORDER - Chairperson Nelson. In the absence of Chairperson Nelson, Vice -Chair Gamiotea called the November 29, 2011, meeting to order at 6:30p.m. II. ATTENDANCE - Committee Secretary. Chairperson Steve Nelson Absent Vice -Chair Jamie Gamiotea Present Committee Member Phil Baughman Present Committee Member Jim Causier Present Committee Member John Creasman Present Committee Member Frank DeCarlo Present Committee Member Toni Doyle Present Committee Member Pattie Mullins Present Committee Member Daryl Roehm Present City Administrator Brian Whitehall Present Committee Secretary Melisa Jahner Present III. MINUTES - Committee Secretary. A. Committee Member Creasman moved to dispense with the reading and approve the minutes from the November 15, 2011, City Park Committee Meeting; seconded by Committee Member Baughman. Member Baughman - Yea Member DeCarlo - Yea Member Mulllins - Yea Motion Carried. Member Causier - Yea Member Doyle - Yea Chairperson Nelson - Absent Page 1 of 4 Member Creasman - Yea Vice -Chair Gamiotea - Yea Member Roehm - Yea IV. AGENDA - Chairperson. A. Vice -Chair Gamiotea asked for any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. V. NEW BUSINESS - Chairperson. A. Public comments and suggestions for proposed park. Notices were sent out November 9, 2011, to the surrounding property owners who lived within a 1000 feet radius of the proposed park to solicit information and opinions as to the park amenities and any concerns. They were advised to appear at this meeting or to submit their opinion in writing. Mr. Chris DeCarlo, was the only member of the community to be present and address the Committee. He has been a resident of Okeechobee for 13 years and spoke in favor of the park, and added there is a need for a place for families to gather. This is a great opportunity to get involved and support the community. Administrator Whitehall reported that 120 notices were sent out to surrounding property owners, 23 of the notices were received back undeliverable. Five letters were received in opposition from residents stating their concerns. Administrator Whitehall will be sending courtesy notices to the residents who replied and let them know the outcome for the park after Council's final decision. B. Update from Chairperson Nelson regarding the meeting with Administrator Whitehall for detailed clarification from the City Council of their expectations for the committee. Vice -Chair Gamiotea asked Administrator Whitehall to elaborate on the meeting he and Chairperson Nelson had regarding clarification of the Committee's duties. Administrator Whitehall explained that this Committee was set as an advisory board, and the City Council will utilize an engineering group to professionally design the park. The Committee noted that in addition to their recommendation they would like to be an active part of designing and estimate guidelines for the park. Committee Member Creasman moved to recommend to City Council to proceed with the construction of a residential park at Southeast 6' Avenue and 7"' Street; seconded by Committee Member Baughman. The Committee discussed whether to specifically use the term "passive park" within their recommendation. Upon further consideration and a consensus not being able to be reached the Committee determined that the definition of passive and active be explained before suggesting specific use and limitations of the proposed park. Page 2 of 4 V. NEW BUSINESS CONTINUED. B. Update from Chairperson Nelson regarding the meeting with Administrator Whitehall continued. Member Baughman - Yea Member DeCarlo - Yea Member Mulllins - Yea Motion Carried. Member Causier - Yea Member Doyle - Yea Chairperson Nelson - Absent Member Creasman - Yea Vice -Chair Gamiotea - Yea Member Roehm - Yea Committee Member Baughman moved to recommend the City Council utilize this Committee for further advisory of design and guidelines for the proposed park: seconded by Committee Member Causier. Vice -Chair Gamiotea asked whether there were any members not willing to continue through fruition of the park. All were in favor. Member Baughman - Yea Member DeCarlo - Yea Member Mulllins - Yea Motion Carried. Member Causier - Yea Member Doyle - Yea Chairperson Nelson - Absent C. Discuss upcoming meeting dates. Member Creasman - Yea Vice -Chair Gamiotea - Yea Member Roehm - Yea The Committee had originally scheduled a meeting for December 12, 2011. The responses to the eight questions of the task list and the Committee's recommendations will be presented to the City Council at their December 6`h meeting. Should the Council authorize additional duties for this Committee, the December 12" meeting will be held. Should City Council decide the Committee's duties are complete and disband the Committee, the meeting will not be held. The Committee Secretary will advise the members of the City Council's decision and whether or not there will be a December 12" meeting. V. ADJOURNMENT — Chairperson. Vice -Chair Gamiotea adjourned the meeting at 7:11 p.m. Page 3 of 4 PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the City Park Committee 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, City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Committee Secretary Jahner Page 4 of 4 Vice -Chair Gamiotea OF•OK£FcyO CITY OF OKEECHOBEE PARK COMMITTEE OFFICIAL MINUTES a NOVEMBER 15, 2011 MEETING I. CALL TO ORDER — Chairperson Nelson. Chairperson Nelson called to order the November 15, 2011, City Park Committee, at 6:31p.m. II. ATTENDANCE — Committee Secretary. Chairperson Steve Nelson Present Vice -Chair Jamie Gamiotea Present Committee Member Phil Baughman Present Committee Member Jim Causier Absent Committee Member John Creasman Present Committee Member Frank DeCarlo Present Committee Member Toni Doyle Present Committee Member Pattie Mullins Present Committee Member Daryl Roehm Present City Administrator Brian Whitehall Absent Committee Secretary Melisa Jahner Present III. MINUTES - Committee Secretary. A. Vice -Chair Gamiotea moved to dispense with the reading and approve the minutes from the November 8, 2011, City Park Committee Meeting; seconded by Committee Member Doyle. VOTE Member Baughman - Yea Member Causier - Absent Member Creasman - Yea Member DeCarlo - Yea Member Doyle - Yea Vice Chair Gamiotea - Yea Member Mulllins - Yea Chair Nelson - Yea Member Roehm - Yea Motion Carried. IV. AGENDA - Chairperson. A. Chairperson Nelson asked for any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Item C was added to discuss Rules and Regulations regarding the November 29" meeting, by Chairperson Nelson. V. UNFINISHED BUSINESS - Chairperson. A. Continue discussion of the Committee Task questions (numbers 7 and 8). 7. Which types of recreation opportunities and improvements are important for planning purposes, even if they are not suitable for the Southeast Oh Avenue/7th Street property? Page 1 of 3 V. UNFINISHED BUSINESS CONTINUED. A. Discussion of the Committee Task questions (numbers 7 and 8) continued. (7. Continued) It was discussed that a passive park is more suitable for this area and size of the property. Ideas for the park are to have boat and fishing docks, sitting areas, walking trails, picnic areas with grills and a jungle gym. The committee will be receiving public input at the November 29" meeting to determine what kind of park and amenities they would prefer or to state their objections. Committee Member Roehm presented photographs of parks from neighboring cities for suggestions and consideration. Copies will be forwarded to each Committee Member. 8. How could the improvements identified as suitable for the Southeast 6" Avenue/7th Street property be "phased" in a logical, cost-efficient manner, in the event that all of the improvements may not be affordable in a single project or budget year? Even though improvements have not been formally identified, the Committee is in favor of this park being completed in a single phase due to its size and should be presented as a passive park. However, should construction by phases be the method of approach, then the boat docks for fishing would be included in the first phase with walking trails and picnic area following. Funding was briefly discussed. There are willing citizens to offer in -kind contributions, and an Adopt -A -Park program was suggested as a fund-raiser. Another suggestion is to submit applications for grant funding. VI. NEW BUSINESS - Chairperson. A. Discuss proposed ideas and suggestions. The consensus of the committee is they are at a standstill until they get public input and clarification from the City Council of direction and what their expectations are before proceeding further. At this point, all the Committee Task Questions requested by the City Council have been answered and will be forwarded to the City Council with the proposed plan from the Committee. Vice -Chair Gamiotea moved to make a recommendation for Chairperson Nelson to contact Administrator Whitehall regarding detailed clarification from the City Council as to what their expectations are for the committee; seconded by Committee Member Doyle. VOTE Member Baughman - Yea Member Causier - Absent Member Creasman - Yea Member DeCarlo - Yea Member Doyle - Yea Vice -Chair Gamiotea - Yea Member Mulllins - Yea Chair Nelson - Yea Member Roehm - Yea Motion Carried. B. Discuss upcoming meeting dates. The following meeting dates were reconfirmed for the Committee to convene, November 29" and December 12' at 6:30 p.m. No further meetings were determined. The Committee is planning on presenting their conceptual park proposal to the City Council after the December 121h meeting. Page 2 of 3 • i C. ITEM TO BE ADDED: Rules and Regulations for the November 29" meeting. Chairperson Nelson advised that some rules and regulations should be set for the November 29' meeting. The surrounding property owners within a 1000 feet radius of the proposed park located at Southeast 6" Avenue and 71h Street have been notified to present their objections, recommendations and suggestions either in writing or in person at this meeting. It was determined that the Committee will inform the public at the beginning of the meeting that their opinions and concerns are valuable and will be noted and taken into consideration as this is only a fact finding committee and any specific answers to questions they may have will have to be answered by the City Council. Committee Member Creasman presented some information on How Cities Use Parks for Economic Development. Copies of this information will be forwarded to each Committee Member. V. ADJOURNMENT — Chairperson. Chairperson Nelson adjourned the City Park Committee meeting at 8:05 p.m. The next scheduled meeting will be Tuesday, November 29, 2011, 6:30 p.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the City Park Committee 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. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Committee Secretary Jahner Chairperson Nelson Page 3 of 3 `\y.F KffCy CITY OF OKEECHOBEE 1 PARK COMMITTEE OFFICIAL MINUTES o NOVEMBER 8, 2011 MEETING I. CALL TO ORDER — Attorney Cook. The first meeting of this Committee was called to order at 6:00 p.m. by City Attorney, John R. Cook. II. COMMITTEE MEMBER AND STAFF ATTENDANCE — Deputy City Clerk. Committee Member Phil Baughman Committee Member Jim Causier Committee Member John Creasman Committee Member Frank DeCarlo Committee Member Toni Doyle Committee Member Jamie Gamiotea Committee Member Pattie Mulllins Committee Member Steve Nelson Committee Member Daryl Roehm City Attorney Cook City Administrator Whitehall Deputy City Clerk Jahner III. ELECTION OF A CHAIR AND VICE CHAIR. Present Present Present Present (Entered Chambers at 7:20 p.m.) Present Present Present Present (Entered Chambers at 6:50 p.m.) Present Present Present Present A. 1. a) Attorney Cook opened the floor for nominations for a Chair and Vice Chair. Committee Member Gamiotea nominated Steve Nelson for Chairperson, no other nominations were offered. Committee Member Doyle nominated Jamie Gamiotea for Vice -Chairperson, no other nominations were offered. b) Attorney Cook closed the floor for nominations. 2. a) Motion offered for Chair and Vice -Chair from slate on nominations - Committee Members. Committee Member Gamiotea moved to appoint Steve Nelson to serve as Chairperson; seconded by Committee Member Mullins. Member Baughman - Yea Member DeCarlo - Absent Member Mulllins - Yea Motion Carried. Member Causier - Yea Member Doyle - Yea Member Nelson - Absent Member Creasman - Yea Member Gamiotea - Yea Member Roehm- Yea Committee Member Doyle moved to appoint Jamie Gamiotea to serve as Vice -Chair; seconded by Committee Member Creasman. Page 1 of 4 III. ELECTION OF A CHAIR AND VICE CHAIR CONTINUED. A. 2. b) Vote on motion. Member Baughman - Yea Member DeCarlo - Absent Member Mulllins - Yea Motion Carried. IV. NEW BUSINESS. A. W Member Causier - Yea Member Doyle - Yea Member Nelson - Absent Member Creasman - Yea Member Gamiotea - Yea Member Roehm- Yea Review Citizen Board Handbook, Sunshine Law, and Ethics requirement - Attorney Cook. Attorney Cook reviewed the Sunshine Law and its penalties to the Committee. The Sunshine prohibits each member of this committee from communicating with each other or the City Council regarding issues that could be discussed regarding the proposed park. Communication covers any and all types, email, in person, letters, phone calls, text message, facebook and twitter. Each member was presented with a Citizen Board Handbook which covers the basic rules and regulations for Ethics they are held to and how to conduct their meetings utilizing Roberts Rules of Order. The expectations of the City Council is for this Committee to further investigate and make recommendations for the proposed park located at Southeast 6`h Avenue and V' Street. City Clerk Gamiotea advised that since they will be discussing monetary matters on occasion, each member will be required to complete a Financial Disclosure Form-1, which will be provided for them at the next meeting. Discuss dates and time of regular scheduled meetings and proposed time line set by the City Council - City Clerk (Exhibit 1). City Clerk Gamiotea provided what dates the Chambers would be available for the Park Committee to schedule meetings. She also explained that the Council requested a report for the Committee within 90 days. Following discussion, the following meeting dates were set for the Committee to convene. Tuesday, November 15, 2011 at 6:30; Tuesday, November 29, 2011 at 6:30, and Monday, December 12, 2011 at 6:30 p.m. Future meetings beyond these dates will be discussed at the November 29t' meeting. Discuss the Committee Task questions - Chairperson. In the absence of Mr. Nelson, who was just appointed as Chair, Vice -Chair Gamiotea conducted the rest of the meeting. Administrator Whitehall addressed the Committee and distributed copies of a conceptual site plan of the proposed park along with letters the City had received from citizens. The majority of the Council is in favor of a park. Their biggest concern is what type of park, whether it will be passive or active, the compatibility of the proposed area, and the concerns of the surrounding property owners. Page 2 of 4 IV. NEW BUSINESS CONTINUED. C. Discuss the Committee Task questions continued. Administrator Whitehall stated he would be the City liaison for this committee, and that City staff will be available to carry out their needs and requests. All communications need to go through him directly so that he may direct them to the appropriate department to process. The Committee then began going through the list of questions sent by the City Council: Is Parks/Recreation a service that is demanded by the citizens? Each member offered their reason for wanting to be a part of this committee and noted that yes, citizens desire parks and recreation to be a service. 2. Is the improvement of public spaces, including parks and streetscapes, important enough to include such improvements in the Capital Improvement Program? It was discussed that this proposed park is important for community development and would be an attraction to the City and area. Grants are available, and there are interested parties willing to donate in -kind contributions. The City has earmarked some funding from Capital Improvements forthis project. It was suggested that an adopt -a -park program or annual fund raiser be implemented to assist with the maintenance of the park, which could include sponsors whose business banner can be posted along the fencing. 3. Would it be appropriate to survey the citizens in order to gauge the level of satisfaction of all of the services that the City currently provides, and determine the public's opinion as to items 1 and 2? The Park Committee requested Administrator Whitehall send letters to the surrounding property owners within 1000 feet of the proposed park area, soliciting their valuable opinion as to the park amenities or concerns, and that they submit their information either in writing by the November 29" meeting or attend in person. 4. What type ofimprovements would best satisfy the demands forrecreation and fitness opportunities, and in what priority? The Park Committee did not make any conclusions on this item. However, they discussed how a fitness course and walking trails would work in this particular kind of park as well as shaded picnic areas and floating fishing docks. 5. Is the Southeast 6th Avenue/7th Street property worthy of being improved, with such improvements included in the Capital Improvement Program? The Park Committee concluded that this property is worthy of improvement. A family park for quality time says a lot about a community, and it attracts newcomers. 6. Which types of recreation opportunities and improvements would be suitable for the Southeast 6m Avenue/7th Street property. Page 3 of 4 IV. NEW BUSINESS CONTINUED. C. Discuss the Committee Task questions continued. (Continued from question 6). The Park Committee highly recommends the park only be open from dawn to dusk with fencing, and security lighting for safety reasons after hours. The final two questions will be addressed at the next meeting. V. ADJOURNMENT — Chairperson. Vice -Chairperson Gamiotea adjourned the City Park Committee meeting at 8:09 p.m. The next scheduled meeting will be Tuesday, November 15, 2011, 6:30 p.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the City Park Committee 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. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Committee Secretavhhner Page 4 of 4 Chairperson Nelson Janice Fehrman 612 SE 8"' Ave. Okeechobee, FL 34974 City of Okeechobee 55 SE P Ave. Okeechobee, FL 34974 November 13, 2011 Dear City: Ii am not in favor of the proposed park at SE 6th Ave. And SE 71' Street. A park with a marina in a residential area will add traffic, noise, and congestion to the area. Also the park would need night time supervision to make sure it doesn't become a drug hangout and be a potentially dangerous spot for neighborhood families. I would think parking would be a problem. It's not that big an area. Will people start paring in neighboring yards? Also Taylor Creek and its wildlife do not need additional boat traffic. We have a large area for recreational use at the sports complex. Perhaps this could be improved upon. I am against the park in this area mainly because it's a residential area that can not safely deal with much traffic and coming and going. Yes, cities do have parks but not right next door literally to where people are living. Thank y ou. Sincerely, Jan Fehrman �� �"/2.-t:..�'✓�.�•'�'.-�,�,,� � �,'L2r�t-k.�.- �f4�-�--st..�L���-'(-�_'_--�.-e"=�L ��- jL y2 (�?Z,�.� RESIDENT 416 SE 6"' Street Okeechobee, FL 34074 1a llii 1 Z� 715 -7 st, a-Y,a . v o, Y i O is O. C) =7 ► 'v ► s ;,� I b , =� , -�-, - a ,� i?+S)c�t-e --.Ir S 4-f r a c -4- r c .4 v x— 1 CQ -� eL- ac -1 Vv iT �7 V h e y f 62, c4 ,, I o .—n 5-!� ct S � .,. C ->-► �► s « L w E s l z �IL p�C-5 +0, +hs si+e -TD CV-12 e lyv c'l rs 6- Ocll/ cr C4 q4 j., Fl--, -tv e-e --fk to 0,Fr t-, Eue,i- , -rf C' C 4re,_1 -6:D tc), 41 Ti�c,-F cc --Ad '-'e4a/ P4 ?AA,-Ciilh--r 714 RIP. 6th qf Okef-Anhen • The Updates! from the City Administrator's Desk r SS SE 3rd Av., Okeechobee, FL 34974 479t5° City Council meeting of Dec 6, 2011 • Carter Pritchett Advertising v. City billboard issue — Atty Steve Ramunni is on the Agenda to address the Council about the post mediation negotiations relating to the billboard issue. • Proposed VA parking issue — The VA plans to occupy the bidg at 210 NW 5t St for a medical facility. Unfortunately, there are only 20 (incl one handicapped) spaces available and the use requires 42 (7600sq ft / 180). The Code provides for a TRC recommendation of reduced parking but in this instance, parking appears to be the only issue and I would surmise that the TRC would not recommend such a drastic reduction (not within the allowable reduction consideration). On the Agenda is Michael Chapman, Chapman Construction, Lake Placid appearing on behalf of the developer, on behalf of the VA. Pls see the attached for a letter appealing the parking restriction. I've attached a basic map of the premise. • Florida Public Utilities — has requested a 30-year franchise for construction and operation of a natural gas distribution facility. Berry Kennedy, FPU Director of Gas Operations is listed on the Agenda. The only clarification I gathered from FPU was on exclusivity. His response: "State law only allows a non- exclusive franchise for most utilities. We do have some protection through the Florida Public Service Commission. We file with the FPSC to claim the area as our territory. If another gas company wants to provide service in our territory they must petition the FPSC. The FPSC discourages more than one set of gas lines in the same area because it increases the cost to the consumer." I've attached a color map depicting natural gas territories in Florida. See the Exhibit of a draft Ordinance, provided by FPU, to the City Atty and you for scrutiny. • Ellis Haydon - is on the Agenda to address the temporary produce stand licensing issue. The Planning Board took the matter up at their October meeting and the consensus of the PB was to essentially disallow same. You will see dialog about the issue in LaRue's Nov 18t' memo attached to the LDR-changing ordinance #10-79. • Ron Main — has requested an Agenda appearance again about the noise/music decibel level at Hammerheads. Chief Davis spoke to Mr. Main about the matter in an effort to rectify the complaint in lieu of an appearance, but to no avail. Page 1 1216111 Activity Rpt Cont d — • Proposed park at SE 6t' Av and SE 7t' Street - The Comm met Nov 8, 15 and 29t' and their recommendation is being placed on this Agenda. A letter was sent to 119 residents within 1000' of the subject property with very few responses and only one person appearing at the meeting. The Committee recommendation is simple in as much as they advocate a "residential" park. The Comm spend considerable time grappling with what that constitutes but generally speaking it means a 'passive, quiet, neighborhood' park. The second course of action asks the City Council if the Committee should stay intact for further advisory capacity in helping to define the amenities/guidelines of the park. Enclosed in the packets you'll find a copy of the Committee meeting minutes. (Comm members incl. Daryl Roehm, Steve Nelson, Jamie Gamiotea, James Causier, Pat Mullins, Toni Doyle, John Creasman, Phil Baughman and Frank DeCarlo) • Chamber building and new lease - As you're aware, the IRS conducted an auction of personal property on Nov 30. The 'new' Chamber was able to secure all items at an aggregate bid of $2000. My conversation w/ IRS reps is that while they recognize the Writ of Possession, they are obligated to follow Internal revenue code provisions. The Writ directs the Chamber to vacate, but the IRS is a different matter. While the IRS issue is being sorted out the Chamber Board wishes to commence lease negotiations. I've attached a letter to the IRS from Atty Cook. By Tuesday night I hope to have a letter from the Board expressing some of their lease interests. An update on the IRS progress along with the lease negotiations has been placed on the Agenda for a brief discussion. • Main Street Christmas fest and parade - Parade is at 6:OOpm, 12/10/11 • CDBG for housing repair grant - Nancy Phillips reviewed 14 applications rec'd during the window Oct 12 to Nov 12, of which only one application (so far) exceeded the income threshold. They have 8 apps that require financial inquiry follow-up. Expect the City council to rank the applications at the second meeting in January. Again, City's goal w/the $700k grant is to fund approx ten housing rehabilitation projects for low-income residents at an average cost of $59k. City Clerk: • Procedure in the event of an election tie -Recall that the Council's request was to investigate minimizing the number of days to hold a subsequent run-off Special Election. Finance: Audit - Hoyman Dobson has been acquired by Carr, Riggs & Ingram, (see attached assignment agreement) a large accounting firm w/ main office in Enterprise, AL. They start on -site fieldwork Dec 5th. Finance update - Attached (1 pg) find a fiscal year end summary prior to any audit adjustments, which may include payable and accrual issues that will modify the numbers. Page 2 1216111 Activity Rpt Cont'd — Investment Policy Again, we plan to introduce the new GASB (Gov Acctg Standard bulletin) order #54 as explained by the City's auditors creating a new `reserves' categorization method that describes how the generally accepted accounting practices (GAAP) for local government `recommends' (not mandatory) we distinguish monies from restricted to committed to unrestricted. In conjunction w/ that, we are still reviewing formalizing the investment policy. Fire: • Activity report: See Attached report and statistical info below: Fires 2 Med/rescue 75 Haz mat 4 Service Call 2 Good Intent Call 5 False Alarm/Cancelled 6 General Services: • Ord #1077 & 1078 Land use and Zoning change — for 204 SE 7th Street is on the Agenda. • Ord #1079 —on the Agenda, addresses a host of LDR updates Police: • Activity report — The following October statistical info was provided: Calls-451, Traffic Warnings-37, Traffic Citations-44, Arrests (all categories, Trespass/Disorderly/DUI/Assault/Traffic/Shoplifting/Drug related)-21 • SLERS radio —According to info gathered at an instructional meeting last week, we are looking at a Jan/Feb startup date. Still expect the eventual cost of this system as follows: Dept $25, 908 + an est $10, 000 for paging capability Police Dept $77, 724 Pub Wks $ 9,011 In addition, the City will be paying a significant annual fee for user and maintenance fees Public Works/Engineering: • Sidewalk program 2011 — Lynch Paving started the project on 9/29 and finished on Oct 31St at a final cost of $82,104. The project excluded SW 71h Av and SW 15th St intersection improvement as OUA is working at the intersection. • City Engineer - continuing to work on a new job description. • SW 21 Storm Storm sewer proiect funding.— I do not have a bid date ... the City's proposition of contributing up to $20k (arrived at 13%+ of the grant match) toward the project (est at $586k) was submitted to the County. I have nothing new. • Asphalt proiect — we have some areas that appear to be coming together that may necessitate a smaller asphalt project this year. MY keep you advised. Page 3 1216111 Activity Rpt Cont'd - 0 • Sidewalk program 2012 — We have begun developing next year's project. If you have input on the matter pls advise. • SW 11 th Street dry retention area — nothing to report on this project (As part of a County 2008 hurricane disaster mitigation CDBG, at an estimated $20, 000, the project calls for essentially excavating the R-O-W and replaced with a dry retention area. • Tree lighting event — another successful event and a thank you to all the employees that helped. Once again it's time to drag out the top ten list. The top ten Christmas One-liners 10. What did Adam say on the day before Christmas? It's Christmas, Eve. 9. What is special about the Christmas alphabet? It has NO EL. S. What happens if you eat the Christmas decorations? You get tinsel-itus! 7. How does Santa Claus take photos? With his North Pole-aroid. 6. Why are Christmas trees like people who can't knit? They both drop their needles! 5. Which reindeer needs to mind his manners the most? "Rude"olph! 4. What do you call a group of chess fanatics bragging about their games in a hotel lobby? Chess nuts boasting in an open foyer! 3. What do you call a cat on the beach at Christmas? Sandy Claus! 2. What do you call a reindeer wearing earmuffs? Anything you want. He can't hear you! 1. Why does Santa have 3 gardens? He likes to ho-ho-ho. Page 4 Law Offices 4z� John R. Cook P.O. Box 515 ♦ Okeechobee, FL 34973 Telephone 863-467-0297 ♦ Fax 863-467-4047 December 1, 2011 Ms. Anne Addington Internal Revenue Service Port St. Lucie, FI. Re: City of Okeechobee Dear Ms. Addington: ♦ criminal law ♦ family law ♦ wills & probate I am the city attorney for the city of Okeechobee, Florida, and I attempted to call you this morning, and understand you will be in on Friday, December 2"d. Prior to our next call, I would like to let you know where we are concerning the Okeechobee county chamber of commerce, Inc. and the IRS lien. You are aware of course we have a final order of eviction and writ of possession issuing from the circuit court for our property at 55 S. Parrott Avenue, Okeechobee, Florida. Pursuant to that court order, we have legal possession of the premises, and intend to assume actual possession of the property as soon as we resolve this matter with your agency. I see no point at this time in discussing the merits of whether the internal revenue service has a valid lien against a non-existent leasehold interest, as you were provided an opportunity to intervene into the eviction lawsuit by the circuit court judge in August 2011 and did not do so. However, it is my understanding that your agency is requesting some sort of release of interest by Brenda O'Connor and/or the Okeechobee chamber of commerce Inc. and at that time, releasing any contingent claim you feel you may possess concerning our building. If this is the case, we are glad to assist you, and prepare such a document for Ms. O'Connor, but I am unaware of exactly what would be included in the document. In any event, although I will be on the road on Friday morning, if you could call me at (863)634-1648 we can discuss this further. Kindest Regards, John R. Cook - JRC/klm Cc: City Administrator ASSIGNMENT AGREEMENT Till, t1SSIGNMI?N'I'. dated this 16"1 day ol'Novemlaer, 2011, is hereb} giveta by HOYMAN DOBSO N, whose address is 215 Baytree Drive, Melbourne, FL 32940 (the Assignor), to CARR, RIGS & INGRAM— I,I..0 whose address is 1117 Boll Weevil Circle, I?nterprise. Alabama, 36330 (the Assignee). W11FRF AS, Assignor desires to assign, :and transfer, to the Assignee, all of the Assignor's rights. title., and all interest and obligations cinder the audit contract dated .July 8, 2010. executed between assignor and the City of Okeechobee in, to, and under the agreement terms and conditions as stated below: (1) Assignment. Assignor hereby assigns and transfers to Assignee; all of its rights, interest and obligations of the above referenced contract, a copy of which is attached hereto and incorporated by reference. (2) The Assignee shall have no recourse against the Assignor. (3) Assignee hereby accepts all rights, interest and obligations herein trEansf erred. IN WITNI. SS WHEREOF. the Assignor and the Assignee have caused this Assignment to be duly executed as of the date listed above. ASSIGNOR: HOYMAN DOBSON Signature Deborah A. Goode Print Name Director 'title Date: November 16, 2011 ASSIGNEE: CARR, RIGGS & INGRAM, L.L,C; _ 'X a ._ _ _- __. Signature Deborah A. Goode Print Narne Partner `t`itle Date.- November 16, 201 1 •CITY OF OKEECHOBEE • FIRE DEPARTMENT STATUS REPORT 3 November 2011 TO: City Administrator Whitehall FROM: Herb Smith (Fire Chief) RE: October 2011 Status Report INCIDENTS Total of 94 Calls for October 2011 (see attached graph) PLAN REVIEWS (Chief Smith reviewed the following): * CenterState Bank * Brown Cow Sweetery * Sacred Heart Church * Sent Letter to Ecotec about completing Fire Alarm to new addition INSPECTIONS (Annual, New Business, New Owners, etc.) * Duty crews conducted 15 inspections/reinspections * Chief Smith conducted 2 inspections * Inspected Chlorine Tank Installation at American Water SPECIAL / MISC. * The firefighters and volunteers built a boat and competed in Regatta race. * Fire Department participated in safety of the above race by posting firefighters in the water and on the bank. * Firefighters assisted the street department with extinguishing large brush piles in the industrial park. * Firefighters walked thru the CenterState Bank building for familiarity of construction. MEETINGS (Chief Smith attended the following): * Council Meeting * Attended SLERS Meetings FIRE PREVENTION & PUBLIC RELATIONS * Firefighters conducted puppet shows and showing of trucks during the National Fire Safety Week. * Firefighters performed monthly clean-up duty at the main intersections of town. * Firefighters assisted with Cheerleaders riding on fire truck in homecoming parade. * On -duty Fire Crew conducted showing trucks at First Baptist Daycare. TRAINING * Normal In-house training conducted by firefighters for Medical Certificates * Ladder one training this month conducted by Lt. Baugh with each shift. 0 • Ccomcast. November 10, 2011 Mr. Brian Whitehall City Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974 Dear Mr. Whitehall: Marta Casas-Celaya Director, Government Affairs and Community Investment Comcast — Florida East Coast Region 1100 Northpoint Pkwy. West Palm Beach, FL 33407 TEL: 561-227-3457 Email: marta_casas-celaya@cable.comcast.com The channels that we provide to our customers are carried pursuant to contracts with the owners of those channels. These contracts expire from time to time, and one or more may be scheduled to expire in any given month. Negotiating programming rights agreements is a routine part of our business. We have successfully negotiated renewals of thousands of such agreements without incident. In order to keep our communities informed of potential programming changes, Comcast has created a webpage containing upcoming programming contract expirations. The webpage is available at www.xfinitytv.com/contractrenewals and will display those channels for which programming contracts are scheduled to expire in the next three months. At Comcast we are committed to providing our customers with the best in entertainment; we fully expect that we will be able to reach an agreement with the owners of these channels to continue carrying them well into the future. Should that situation change we will notify you immediately. As always, if you should have any questions or concerns regarding this matter, or any matter, please feel free to contact me at 561-227-3457. Sincerely, Marta Casas-Celaya • MEMORANDUM November 30th, 2011 TO: Mayor and Council Members From: Brian Whitehall, City Administrator India Riedel, Finance Director RE: End of Year Review 12/6/11 Council Mtg In review, budget adjustments being requested are for a truer picture of Year End, and how revenues and expenditures have been receipted and expended. Revenues Total Revenues were receipted within amounts budgeted. As expected the receipted Ad Valorem revenues were down 6%, (receipted 98.77% of budget falling short of the projection by $20 thousand). General Fund revenues with transfer in of eligible Public Facility and Administrative funds total to $5.07 million (a 7% decrease from last year). Receipted Sales tax revenues from the state were on target within 2% of our budget, which indicates how close to actual we are budgeting these line items. Other Fees and Charges for Services were less than projected overall, i.e. building and permit fees, plan review fees, as well as franchise fees. (These fees are based on consumer driven services purchased and/or used.) Expenditures Remembering General Fund initial approved budget was $5.3 million, reduced to $5.16 million and end of year adjustments look closer to $4.8 million. Expenditures during the year were monitored very closely by each department. Even with the increased cost of many items including Health Insurance, Fuel cost per gallon, etc., total General Fund Expenditures were 1 % less than the prior year and more than 5% less than initial 2011 budget. Summary The initial FY 2011 used $272 thousand in reserves, amended to $249 thousand in May, and we are providing this end of year budget report advising no transfer of funds from the Capital Project Account for the General Fund. As the End of Year Adjustment Summary indicates, our expenses decreased significantly enabling us to keep the existing reserves intact. As we close last year (FY 2011) and began the new Fiscal Year 2012 every departments budget is tighter than it has ever been. We are continuing to monitor and review very closely every expense as we traverse through our fiscal year.