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2012-01-03CITY OF OKEECHOBEE JANUARY 3, 2012 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA I. CALL TO ORDER - Mayor: January 3, 2012, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Father Edward Weiss of the Church of Our Saviour; 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 15-Year Longevity Service Award to Bob Peterson COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the January 3, 2012, Regular City Council Meeting to order at 6:00 p.m. 6s/ PAGE 1 OF 10 In the absence of Father Weiss, Assistant Pastor Allen Patterson of the Presbyterian Church offered the invocation; the Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Absent (Major Peterson was present) Present Present Mayor Kirk presented Mr. Bob Peterson with an engraved crystal mantle clock and Certificate of Longevity which read: "9n appreciation for your 15 years of hard work and dedication with the City of Okeechobee, December 27,1996 through December 27, 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" Mr. Peterson thanked the Mayor and Council. JANUARY 3, 2012 - REGULAR MEETING - PAGE 2 OF 10 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the December 6, 2011 Regular Meeting. VI. AGENDA - Mayor. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the December 6, 2011 Regular Meeting; seconded by Council Member Watford. There was no discussion on this item. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. III There were none. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION AND ORDINANCE III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AND ORDINANCE FIRST FIRST READING- Mayor. READING AT 6:05 P.M. A.1. a) Motion to read by title only, proposed Ordinance No, 1078 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 1078, regarding Rezoning Application Rezoning Application No. 11-001-R, submitted by Lisa Sherman on No. 11-001-R, submitted by Lisa Sherman, on behalf of property owner, Good Care Home, Inc., for property located behalf of property owner Good Care Home, Inc. for property located at 204 Southeast 7" Street, to change the zoning designation on Lots 1 to 8 of Block M, Central Park Subdivision, from at 204 SE 7" Street, to change the zoning classification on Lots 1-8 Residential Single Family -One to Residential Multiple Family; seconded by Council Member Williams. of Block M, Central Park, from Residential Single Family -One to Residential Multiple Family - City Attorney (Exhibit 1). 11 b) Vote on motion to read by title only. 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 " 2. a) Motion to adopt proposed Ordinance No. 1078. 111 Council Member Williams moved to adopt proposed Ordinance No, 1078; seconded by Council Member Watford. JANUARY 3, 2012 - REGULAR MEETING - PAGE 3 OF 10 653- 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 VII. PUBLIC HEARING CONTINUED. A. 2. b) Public discussion and comments for proposed Ordinance No. 1078. Mayor Kirk asked whether there were any questions or comments from the public. There were none. City Planning Consultant Bill Brisson was not able to attend the meeting due to a prior engagement. Administrator Whitehall noted the subject property was discussed at length at the previous meeting during the Comprehensive Plan Future Land Use Map Amendment Application No. 11-001-SSA, adopted by Ordinance No. 1077. The Planning Board and Planning Staff are recommending approval. Council Member Watford noted that due to the subject property's proximity to the (Life Community) church (formerly known as Grace Brethren), (SunTrust) bank and other commercials areas, this seems to be an appropriate zoning. Based on the information provided in the application, the findings within the Planning Staff Report were: the proposed rezoning is not contrary to Comprehensive Plan requirements. The proposed use being applied for is specifically authorized under the zoning district and will not have an adverse affect on the public's interest. The proposed use is appropriate for the location and is reasonably compatible with adjacent land uses, to the North is a vacant parcel zoned RSF-1 and is utilized by Okeechobee Christian Academy for their school sports fields. To the South and East are mobile homes with RMH zoning and to the West is classified as commercial property on the future land use map, yet is vacant with an RSF-1 zoning designation. The proposed use is not contrary or detrimental to urbanizing land use patterns, nor will it adversely affect property values, living conditions, be a deterrent to the improvements or development of adjacent property. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. it will not create traffic congestion, flooding or drainage problems or otherwise affect public safety. The proposed use has not been inordinately burdened by unnecessary restrictions. 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 17, 2012 as a final Council Member Watford moved to read by title only and set January 17, 2012 as a final public hearing date for public 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. Attorney (Exhibit 2). 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. 6504 .JANUARY 3, 2012 - REGULAR MEETING - PAGE 4 OF 10 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. PUBLIC HEARING CONTINUED. B.1. 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 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 DEVELOPMENTPROJECTS TO PROVIDE SIDEWALKSALONG 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 LOTLINE SINGLE-FAMILYDWELLINGS IN THE'. RSF 2 AND RMF DISTRICTS; SECTIONS 90-253(?) 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 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 DRIVEWAYFROM BEING CLOSER THAN 20 FEET TO THE RIGHT-OF-WAY OFA 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 RECTIFY AN 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 ORASSISTED 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 OFFACT; PROVIDING FOR SEVERABILITY, AND PROVIDING FORAN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 111 Council Member Maxwell moved to approve the first reading of proposed Ordinance No.1079; seconded by Council 1079. Member Watford. b) Public comments and discussion. 111 Mayor Kirk asked whether there were any questions or comments from the public. There were none. JANUARY 3, 2012 - REGULAR MEETING - PAGE 5 OF 10 (0sr II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE THE PUBLIC HEARING - Mayor. Vill. UNFINISHED BUSINESS. A. Motion on the floor made by Council Members Watford and O'Connor to approve a parking waiver for CR Associates for VA Clinic only at 210 NW 5th Street to allow no less than 18 parking spaces, postponed at the December 6, 2011 meeting - Michael Chapman. Council Member Watford asked for clarification, why we were having another first reading of this ordinance. Clerk Gamiotea explained that there are different advertising and public hearing requirements for ordinances that change the permitted use or special exception use within a zoning district. In order to meet those statutory requirements we have to have the first reading again. The required display advertisement has been published and the item is specifically addressed during a public hearing. KIRK - YEA WATFORD - YEA VOTE MAXWELL - YEA WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:20 P.M. O'CONNOR - YEA MOTION CARRIED. The motion on the floor, as postponed at the December 6, 2011 meeting, was made by Council Members Watford and O'Connor to approve a parking waiver for CR Associates for a VA Clinic only, at 210 Northwest 5th Street to allow no less than 18 parking spaces. Mayor Kirk opened the floor for discussion. Mr. Charles Robbins of CR Associates appeared before the Council and distributed a copy of a proposed parking site plan, indicating 20 paved parking spaces, two of which are handicapped, and a future curb cut on the subject property; and 29 non -paved overflow spaces available across the street along the North side of the Okeechobee Rehabilitation Facility/The Arc of Okeechobee (403 Northwest 2d Avenue), as well as a letter from the ARC Executive Director, Nancy Zeigler authorizing the use of the lot for CRA staff and patient parking. It was noted that this property actually belongs to the Board of County Commissioners and should any paving requirements be stipulated on the over -flow parking area, the BOCC would have to give their approval. Mr. Robbins also distributed an 18-point information sheet to address questions raised at the December 61h meeting. The Okeechobee VA Physicians Office will provide routine primary care physician office visits dedicated for Veterans only, as benefits for deserved Veterans in the area. It will not service their families. It will care for 1,970 enrolled Veterans under a new contract with CRA, for five years starting on or about February 2012 with the proposed facility opening on or about May 2012. The new contract is not the same location or typical of the current VA clinic in place in Okeechobee. AGENDA Vlll. UNFINISHED BUSINESS CONTINUED. A. Motion on the floor made by Council Members Watford and O'Connor to approve a parking waiver for CR Associates for a VA Clinic only at 210 NW 5th Street to allow no less than 18 parking spaces, postponed at the December 6, 2011 meeting continued. JANUARY 3, 2012 - REGULAR MEETING - PAGE 6 of V COUNCIL ACTION - DISCUSSION - VOTE There will be a total of five to six full-time employees from 8:00 a.m. to 5:00 p.m, during operating hours, Monday through Friday, excluding holidays, a full-time Doctor of Internal Medicine that can care for up to 1,500 enrolled Veterans on his/her "panel," and a part-time Nurse Practitioner that can care for the remaining 470 Veterans on their "panel" as well as five support staff (lab tech, medical assistants, clerk and counselor)."Patients by Appointment" volume in the clinic, not to exceed two to four patients per hour. Appointments are scheduled at two patients an hour in an 8-hour day. The latest Office of Inspector General inspection finds the current facility volume at two to four patients per hour. The proposed site has excessive on -site parking for all patients to accommodate enrollment as dictated by the contract with 1,970 Veterans (20 spaces, 7 to 8 street space for staff). They anticipate the on -site parking lot will never exceed 10 to 12 spaces occupied at any one time including staff. There is no shared tenancy in the dedicated building. CRA has met with the City Building Department to review plans and create a cooperate effort to assure compliance in serving the area Veterans with the highest level of care. CRA is the largest provider of 'Turnkey" Health Services to the Department of Veterans Affairs and Department of Defense nationwide and cares for thousands of Veterans throughout the United States and abroad in this dedicated physicians office platform for the Veteran Administration. Building plans are in place for a permit and Chapman's Construction Company has been retained to provide build -out of this and five other South Florida facilities. Any lab tests or testing done under the new contract will also be done by appointment only as there are no walk-in patients. Administrator Whitehall added that Mr. Robbins and Mr. Chapman met with City Building Official, Ray Schaub earlier today, he asked Mr. Schaub, who was in attendance, whether there were any issues or concerns? Mr. Schaub responded, he did not have any problems with the proposed parking plan. Mr. Whitehall also added for clarification to Mr. Robbins that one of the struggles the Council is dealing with is that the site already had an approved parking space reduction. However, it was specifically for office spaces. Medical offices require additional spaces. Mr. Robbins apologized, and noted the realty company advertised the building for medical space, but that did clear up why this site was an issue. Following a discussion regarding time limits and what specific issues need to be addressed so as not to create a parking hazard within the Northwest commercial area, Council Member Watford moved to amend the motion to approve a parking waiver for CR Associates for a VA Clinic only at 210 Northwest 5th Street to allow no less than 18 parking, spaces, that it be subject to the VA protocol as presented {by appointment only including lab work, with two patients an hour in an 8-hour day, with the volume not to exceed two to four patients per hour, no walk-ins), that the waiver is non -assignable and the waiver is granted for five years, from the date the Certificate of Occupancy is issued, seconded by Council Member Williams. JANUARY 3 2012 - REGULAR MEETING - PAGE 7 of 10 657 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VIII. UNFINISHED BUSINESS CONTINUED. A. Motion on the floor made by Council Members Watford and VOTE ON MOTION TO AMEND O'Connor to approve a parking waiver for CR Associates for a VA KIRK - YEA MAXWELL - YEA O'CONNOR - YEA Clinic only at 210 NW 5th Street to allow no less than 18 parking WATFORD - YEA WILLIAMS - YEA MOTION To AMEND CARRIED. spaces, postponed at the December 6, 2011 meeting continued. IX. NEW BUSINESS. A.1. a) Motion to read by title only, and set January 17, 2012 as a final public hearing date for proposed Ordinance No, 1080 regarding Rezoning Application No. 11-002-R, submitted by Steve Dobbs on behalf of property owner Okeechobee Church of God for property located at 301 Northeast 4`h Avenue to change the zoning classification on Lots 7-12 of Block 120 from Residential Single Family -One to Light Commercial - City Attorney (Exhibit 3). VOTE ON MOTION AS AMENDED KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED, Mr. Robbins added that he was aware of the sensitivity of the situation and that parking is not going to be a problem. Council Member Watford moved to read by title only, and set January 17, 2012 as a final public hearing date for proposed Ordinance No. 1080, regarding Rezoning Application No. 11-002-R, submitted by Steve Dobbs, on behalf of property owner, Okeechobee Church of God, for property located at 301 Northeast 411 Avenue, to change the zoning designation on Lots 7 to 12 of Block 120, City of Okeechobee Subdivision, from Residential Single Family -One to Commercial Professional Office (rather than Light Commercial); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. III VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1080 by title only. Attorney Cook read proposed Ordinance No. 1080 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-9) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 111 Council Member Williams moved to approve the first reading of proposed Ordinance No.1080; seconded by Council 1080. Member Watford. y„ A0 JANUARY 3, 2012 - REGULAR MEETING - PAGE 8 OF 10 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. A. 2. b) Discussion on proposed Ordinance No.1080. c) Vote on motion. B.1. a) Motion to read by title only and set January 17, 2012 as a final Prior to the meeting a Revised Exhibit Three was distributed to reflect the ordinance would change the zoning designation to CPO not Light Commercial, as originally requested. The change came about during the review by the Planning Board, and as recommended by Planning Staff. The applicant was in agreement to change the request to CPO. Mr. Steve Dobbs was present on behalf of the applicant as well as Pastor Mark Smith of the Okeechobee Church of God. This zoning change will enable both the future land use classification and zoning designation to be compatible. VOTE KIRK - YEA MA ELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only, and set January 17, 2012 as a final public hearing date, for public hearing date for proposed Ordinance No, 1081 regarding a proposed Ordinance No, 1081, regarding a natural gas franchise agreement with Public Utilities Company; seconded natural gas franchise agreement with Public Utilities Company - City by Council Member Williams. Attorney (Exhibit 4). 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. 1081 by title only. Attorney Cook read proposed Ordinance No. 1081 by title only as follows: "AN ORDINANCE GRANTING TO', FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE' FOR A PERIOD OF 30 YEARS TO CONSTRUCT, OPERA TE, MAINTAIN, OWN AND TRANSPORT IN THE CITY OF OKEECHOBEE, FLORIDA, WORKS FOR THE MANUFACTURE, TRANSMISSION, DISTRIBUTION, TRANSPORTATION, AND SALE OF GAS, INCLUDING NATURAL, MANUFACTURED OR MIXED GAS; PROVIDING SEVERABILITYAND AN EFFECTIVE DATE UPON FINAL PASSAGE.!' 2. a) Motion to approve the first reading of proposed Ordinance No. Council Member Williams moved to approve the first reading of proposed Ordinance No. 1081; seconded by Council 1081. 111 Member Watford. b) Discussion. Council Member Maxwell began the discussion by listing a few items he was uncertain of and noted that while it is an interesting idea to have the natural gas available to the community and the agreement obligates them to do the construction or the agreement is void, there are still some concerns that need to be addressed. He listed specific areas of the proposed ordinance. .JANUARY 3, 2012 - REGULAR MEETING - PAGE 9 OF 10 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. B. 2. b) Proposed Ordinance No.1081 discussion continued. c) Vote on motion. C. Consider parking arrangement pertaining to a Special Exception Request for a proposed cafe located at 301 Northeast 4th Avenue - Steve Dobbs (Exhibit 5). Paragraph No. 6, reads that no permitting is required, only notification, that work will commence within three days of the notice, and elsewhere that the City has the right to supervise the work and stop it, if its not conforming, we need to protect the City's interests and recourse should construction not meet our standards. Due to the content on page four, the second paragraph, the City may need something in place with the Okeechobee Utility Authority (QUA) because this obligates them to repair their lines should they become damaged. Paragraph No. 9 gives them the right to assign this agreement automatically, should the City not respond within 45 days. We need to require written consent on the City's part. Then finally, in Paragraph No.10, will the Florida Public Service Commission standards be sufficient enough to protect the City or does the City need more stringent guidelines. Attorney Cook added that he has not had the opportunity to go through the proposed ordinance in any detail. He has notified the OUA Attorney, Tom Conely and Executive Director, John Hayford of the proposed franchise to give them an opportunity to review it. Clerk Gamiotea provided copies of several other cities franchise agreements with this company, to Attorney Cook, as requested. One in particular, the City of Wellington, is five years old, and seems to have additional language than the one being proposed. However, he would like to compare the two documents. Attorney Cook explained that he would welcome any suggestions for changes, or areas to be clarified, and that the ordinance could be amended at the final public hearing. Council Member Watford suggested definitions be a part of the document, as explained at the last meeting, their definition of industrial is different than ours. Administrator Whitehall responded that he had sent a request for a list of definitions so there would not be any ambiguity. The Council also discussed whether there was a time constraint on getting this adopted? Administrator Whitehall answered no, the City can delay the adoption until satisfied with the content. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. The Council was asked to consider approving a parking arrangement pertaining to Special Exception No.11-003-SE granted to the Okeechobee Church of God, by the Board of Adjustments on December 15, 2011 for a cafe located at 301 Northeast 4th Avenue. The Special Exception request was granted to allow a cafe within a CPO zoning district (originally a CLT district, but was changed during the rezoning) with two special conditions. One, that there not be an overlay in the hours that the cafe be open to the general public and the church's regular sessions or special events. Second, that per Code Book Section 90-483(1)b, the Council approve the parking arrangement. m JANUARY 3, 2012 - REGULAR MEETING - PAGE 10 OF 10 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED. C. Consider parking arrangement pertaining to a Special Exception Mr. Steve Dobbs of Steve Dobbs Engineering, 1072 Jakes Way, Okeechobee, EL, and Pastor Mark Smith were Request for a proposed cafe located at 301 Northeast 4th Avenue present. Council Member Watford noted that he did not understand the need for the overlay restriction on the hours continued. of the cafe during church service times. Administrator Whitehall responded that the cafe can be open to those present attending the services, they just cannot advertise to the general public that the cafe is open during those time periods. He clarified that the Council needs only to weigh in on the parking conditions due to there being two uses on the same property. There is sufficient paved parking at the church, as well as they own two additional blocks. Parking has not been an issue at the church, even during special events. Council Member Watford moved to approve parking arrangement regardi�cial Exception No.11.003-SE for the Okeechobee Church of God located at 301 Northeast 4' Avenue; seconded by Council Member Williams. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Motion to ratify the approval of Police Grant Application No. 2012- Council Member Williams moved to ratify the approval of Police Grant Application No. 2012-JAGD-1170 for the Police JAGD-1170 for the Police Electronics Equipment Acquisition Project Electronics Equipment Acquisition Project-2011 (purchase of four new computers, one new monitor, and one new (PEEAP) in the amount of $3,235.00 - Police Chief Davis (Exhibit video camera) in the amount of three thousand, two hundred thirty-five dollars ($3,235.00); seconded by Council 6). Member Watford. There was a brief discussion on this item. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. X. ADJOURN MEETING - Mayor. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 7:04 p.m. 'PleasetaKe notice and be advised that when a person decides to ap al any decision made by the city Council with ,resper;t to7any nutter considered at this meeting, he/she ma d to ins re that a verbatim record of the proceeding is made, which record includes the testimony and evide upon which a appeal is to be base/C*rk media are for the sole purpose of backup for official records f the Clerk. The next regular scheduled meeting is January 17, 2012 at 6:00 p.m. 'ATTEST: t, James E. Kirk, Mayor 1. Lane Gamiotea, CIVC, City Clerk CITY OF OKEECHOBEE JANUARY 3, 2012 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 CALL TO ORDER - MAYOR: January 3, 2012, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. 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. Cooky/ City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner i l Police Chief Denny Daviswf� Fire Chief Herb Smith v' Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. C"'tc- Ljz>i pl� z�-,,- A. Present a Fifteen -Year Longevity Service Award to Bob Peterson. January 3, 2012 PAGE 2 of 4 V. MINUTES - City Clerk. A. Motion to dispense with the Leadipig and appr a the Summary of Council ActioA for the December 6, 2011 Regular Meeting. VI. AGENDA - Mayor. f A. Requests for the addition, deferral or withdrawal of items on today's agenda. i VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION AND FIRST READING OF ORDINANCE- Mayor. 6' OS A.1.a) Motion to read by title only 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" 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 Attorney (Exhibit 1). 1VJJ,/ eoj,"cnLk 1 /W C_ftL , b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1078 by title only. 2.a) Motion to adopt Ordinance No. 1078. (� L�� /C_L{) ,ce`c b) Public Comments and Discussion. /�LtVt u c) Vote on motion. VTLri�� (' � B.1.a.) Motion to read by title only and set January 17, 2012 as a final public hearing date for proposed Ordinance No. 1079 regarding amendments to the City Land Development Regulations- City Attorney (Exhibit 2). , ^..�) n tii. ,dw,4 6,, k b) Vote on motion to read by title only and set final public hearing date. L (,,L b" c) City Attorney to read proposed Ordinance No. 1079 by title only. 2012 PACE 3 of 4 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION AND FIRST READING OF ORDINANCE CONTINUED. B.2.a) Motion to approve the first reading of proposed Ordinance No. 1079. C m / ,6j v b) Public comments and discussion.`��;�t c) Vote on motion. /nti6tev� (I CLOSE PUBLIC HEARING. r` /- VIII. UNFINISHED BUSINESS. A. Motion on the floor made by Council Members Watford and O'Connor to approve a parking waiver for CR Associates for a VA Clinic only at 210 NW 51h Street to allow no less than 18 parking spaces,�post oned at the December 6, 2011 meeting - Michael Chapman ,gyp 0 - 3�., IX. NEW BUSINESS. A.1.a) Motion to read by title only and set January 17, 2012 as a final public hearing date for proposed Ordinance No. 1080 regarding Re -zoning Application No. 11-002-R, submitted by Steve Dobbs on behalf of property owner Okeechobee Church of God for property located at 301 Northeast 4`h Avenue to change the zoning classification n L is 7-12 of Block 120 from Residential Single Family -One to Li - City Attorney (Exhibit 3). 1 t�� C 0 lf4k&� L b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1080 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1080. Nt �� tj o d WL,6j ek-jl r lu (N � V/ `) l A6 /x- s�G� b) Discussion.�/Z� / �} c) Vote on motion. /-p, t 6.1.a) Motion to read by title only and set January 17, 2012 as a final public hearing date for proposed Ordinance No. 1081 regarding a natural gas franchise agreement with Public Utilities Company - City Attorney (Exhibit 4). otb� (, b) Vote on motion to read by title only and set final public hearing date. CkC'k- 2012 PAGE 4 OF 4 IX. NEW BUSINESS CONTINUED. B.1.c) City Attorney to read proposed Ordinance No. 1081 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1081., cC�Cqu ('J ' 10 U�f . -1 t�6� 9 c C��") t e C= b) Discussion. �4 -�►L 5�r� — i.� �� itt ��; P' ,i � ��t�c ' I� �/ gi f I / �/V CA"u C(J/�C�du=sue c) Vote on motion. C. Consider parking arrangement pertaining to a Special Exception Request for a proposed cafe located at 301 Northeast 41h Avenue - Steve Dobbs (Exhibit 5). D. Motion to ratify the approval of Police Grant Application No. 2012-JAGD-1170 for the Police Electronics Equipment Acquisition Project (PEEAP) in the amount of $3,235.00 - Police Chief Davis (Exhibit 6). Xe X. ADJOURN MEETING. yP �� p�� = fZ�"°'1� c )c t- `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. 21-� () i�- A �3�, D c V14 JL�o "le L7� �C ),AJ 1hj,tejj 1k4Y 47 10�k ld6- i br- rlDoe, Zia �,o ga "on, e �,4 FPO 0- ail c,'/,y, 617) Y lij m 0,(c X4 C�ll -71- 11TDEPE1VDENT _ _ NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE 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, Flora, that the attached copy of advertisement being a _:f c.,� t in the matter of in the 19th Judiciar/District of. the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee Newss is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the .first publication. of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement�ublication in the said newspaper. .i om tsyra Sworn to and subscribed before me this _day ofs'�= L'c_ > rL ---_. AD - Notary Public, State of Florida at Large ?'PUBLIC -STATE OF FIPil.i,, Angie Bridges Commission # MD7 7 Fxpires: APR 2020 ...'. THRU ATLANTIC B0N➢1:,,:: t0, iN' Eaccordance RY CMML MEERNB NOTICE E IS UERE6Y 61VB1 that the CourxN of the Qty of willrthe� kt ReiiWar Session on 7arwaryGM City Fldf, 5S5 5E 3M Ave, Rm 200, and raged In atbeM. - E IA NKE CE AND � ADVISED that no bra� phic reoord by court reporter will be made of the'%regdng rneenng. Aaordrrgiy who may seek to appeal any dedsbnAnvotAng the matters n in will be responsible for makiq a verbatim record of the test evdlem at said meeting urn which any appeal is to be bawl. contact City Administration at 863-763-3372; or website to obtain a copy of the agenda. ordance with the Nnericans with Disabilities Act (ADA) of 1990 perding special accorn;Vatbn to participate in this proceeding shouthe GN Olerk's OWK at 863.763-3372 ffoorr as lce.es E. IOdc, Mayoramkhbea, C N1 11 its Service�w a Presented To In Appreciation for Your 15 Years: of Hard Work and Dedication With the City- of { )keechobee December 27, 1996 through December 27, 011 Service is the lifeblood of any organization. Everything flows from it and is nourished by it. The C'it`-,a.nd Your Fellow Citizears have Benefitted Clreatly by Your Performance. -. Presented this 3rd day- of January, 2012 lames E. Airk, MrVor Lana (4nofiotea. 0u (:lark LCHIBIT 1 JAN 3, 2012 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 heretofore filed 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. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 3 d 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. 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 for the Property Owner, Good Care Home, Inc. was present for questions from the Planning Board, II No comments. 11 Chairperson Hoover closed the public hearing. II 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" 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. NOVEMBER 17, 2011 -PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS -PAGE 4 OF 4 11 AGENDA III ACTION - DISCUSSION -VOTE 11 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. Petition No. 11-001-R continued. 6. Consider motion and vote continued. VI. NEW BUSINESS - Chairperson A. Consider recommendations to City Council for amendments to the City's Land Development Regulations - City Planner. VII. 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 VOTE HOOVER -YEA BURROUGHS-YEA BRASS -YEA KELLER- NAY LUVIANO -ABSENT MCCOY-YEA RITTER - YEA MORGAN-YEA MOTION CARRIED. Mr. Brisson under the request of the City Council presented a memorandum outlining eight additional changes and/or 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. Chairperson Hoover closed the public hearing at 6.37 p.m. City of Okeechobee Date: 10.-3-0 Petition No. General Services Department Fee Paid: ggQoo _o3� 5Jurisdiction: p13 t CC 55 S.E. 3�d Avenue, Room 101 1 S Hearing: J- _ j 2nHearing: Okeechobee, Florida 39974-2903 Publication Dates: d4' 8 Phone: (863) 763-3372, ext. 218 Notices Mailed: Fax: (863) 763-1686 Irk �x a 9177 z v t- 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: Iisashermancpa@embargmail.com 5 Name of contact person (state relationship): Lisa Sherman (Officer of Corporation) 6 Contact person daytime phone(s): 863-465-2835 7777777 Property address/directions to property: 7 204 SE 7th St. Okeechobee, FI. 34974 441 South / Left on SE 6th St. / Right on SE 2"d Ave. / Left on SE 7th St. / House on right. Describe current use of property: 8 Residential uescriDe improvements on property knumner/Type ounaings, awening units, occupiea or vacant, . 1 Building, 2 Dwelling Units, West Unit Occupied, East unit vacant. 9 10 Approx. acreage:.843 Is property in a platted subdivision? Unknown s was in vioiationI u i 11 Thy property has. bee i ,oyer t e, ears, v riou 1 sed as single-family residen e, tw -family silted �a ,ears, c e �y boar( ing biome. However, t�e use oef e, mains d .4 egally permissible structure 12 Is a pending sale of the property subject to this application being granted? No Describe uses on adjoining property to the North: 13 North: Vacant East: Mobile Homes South: Mobile Homes West: Vacant 14 Existing zoning: RSF1 Future Land Use classification: Single -Family 15 v e i royais on prope y . Lxx — es. y s prove a dale, Oe i ion number a na e OT approva . 16 Request is for: (_xx_) Rezone (_) Special Exception (_) Variance 17 Parcel Identification Number: 3-22-37-0030-OOOMO-0010 ... w. n..e -r .,. z• 3 ✓. rr - u _ .. .. ,ax. ✓ ,n.. .- x R :: r r, a^ .. .,•••-_ Applicant=s statement of interest in property: Owner 18 yM (Rev. 04/11) Page 1 of 1 I Mefundable application fee: Rezoning $850; Special Exception: $500; Variance: $500; all plus te: RResolutte n N 98.11 Scheddul of Land� De plopm ,nt Re ulat gn Fees and Char es B an ray 9 9. N t s a I s edofet �o a�hertiasm a slio�na onsu a n o f to ad�ipblt%hesf'ndgstViceA t�e 19 a ci�ryY n e a i tion, he licant s�' f a fh aUc�u�al�cost 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 largger than 11= x 17=) containing: a. certified boundary survey, date o�f survey, surveyor=s name, address and phone number b. Legal description 22 c. Computation of total acresa to nearest tenth of an acre 23 t e Information una ue t rm re rs the O eechobee ro ert�o ppraiser=s fice attap ed y 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. ortion 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 1 1 d' .�� R��v d ft A Current zoning classification: RSF I 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? Lxx_j 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. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described 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 44, answered. (Rev. 04/ 1 1) Page 6 of 1 1 E8" e. a :� it tai:," :5'r aar s ze.°`eY 4 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/ 1 1) Page 7 of I 1 reroe ID Numb= 3-22-37-35-0030-OOOMO-0010 Gwo>ce 41776E Warranty Deed CHRISTW P. JOHNSTON' individually and as Settlor of that A.D., Of Trust dated November 26, 1969, which was revoked at least ten (10) years ago, GOOD CARE HOME, INC., a corporation existing under the laws aofr' and the state of Florida whoseaddresaislll Park Avenue East, LAKE PLACID, Florida 33852 grantee. Wituesseth that the GRAN7roR, fur aid is mmwcnwn of theam sof — — — — — — — — — — — — — — --------- TEN &NO/100($10.00)-- - - - - - --_POD ata other good and vahmble ouca&%gum to GRANTOR h%haad paid by GRANnT, the reo4p1whereat is hereby aelmowfeftxt has 9muMd, bagFUWd aid said to the said GRAMM ged GRANIMS sooe "Mm sod f MwCr, the {opowing descabed buk suaao bioaaodbebgiathera=gcf Okeechobee sitar Florida towit PARCEL ONE: Lots 1 to 5 inclusive, and that part of Lot 6 lying Bast of SH 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, 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 Okeechobee County, Florida. and the grantor does hereby fatly wamnt the rick to said lead, sad -W defoad the smme against kcwU dawns of aU persons whomsoever. OR -f&raitkty Deed - P.P2 BOOK 360 PAGE1431 Pxmxi mD mmo= 3-22-37-35-0030-OOONO-0010 In Witness Whweo& pe lVauWr bas hemum sot her hmd and wd the day and y. fint &.me wvam. AIL) Pr' to N 4"al #-WFFR�14A' CHRISTINE P.- OHNSTON witsdss ' / I/ P.O. Add 2D4 & EL 71h SUca Obwcbobce, FL 3304 Printed Name : C,,,At_,E_ Witness STATE OF FLORIDA COUNTY OF OKEECHOBEE TheW-oiwg baroment wu admawkdpd be = this day of )01 lgqq b, CHRISTINE P. JOHNSTON, who it, pmumay kwm tD me or who hm padumd her ilr-'_no'llg V% ..�l as Wnfificaftm Ibis Doc—t Pmpa-d W. mmarr.LBARMM SWAIMANDUARRIS ATrCaMMATIAW =RGUMMMMOULEVAND r0Sr0FMMDoX5o LAMMACW,FL vim 39 cl-ERK ()F r'j"W ClLv� - cajp'-.w Printed dame: NOTARY PUSUC MC—Misd- - CATSMtkdYjftoC cH(FAkMx 8mS *KFmw , 'aBY ME 13 MVXXXMD W— 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 informatipn vailable to that office. I therefore attest to this day of Signature of Applicant _Good Home Care, Inc. Name of Applicant (printed or typed) State of Florida County of Okeechobee Date Sworn to a subscribed before me this day of _ G�Q// Personally known to me IX or produced ad identification and did not take an oath. q, W/J A - , , " a A' � ,- otary Public, SOW of Florida r ro BETHAN� IE L. ARROWOOp Seal: s�` -•x� My COMMISSION EXPIRES: DEC 09, 2012 Bonded through 1st State Insuranc1(e �cr 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 1 1 v Nearcawsuits Page Okeechobee County Property Appraiser CAMA updated: 9/22/2011 Parcel: 3-22-37-35-0030-OOOMO-0010 « Next Lower Parcel Next Higher Parcel » 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 1/2 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 SIT/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 Print 1 GIS Aerial Search Result: 1 of 1 2011 Proposed Values Just Value $124,138.00 Class Value $0.00 Assessed $124,138.00 Value Exempt Value $0.00 Total Taxable $124,138.00 Value Show Similar Sales within 1/2 mile Sale Date Book/Page Inst. Type Sale Vim 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 $0.00 uildino C ar.. ac;te -is ics Bldg Sketch Bldg Item Bldg Desc Year Bit 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 Codes) Code Desc Year Bit Value Units Dims Condition (% Good) AFA N4 MTL FLR MT 1980 $421.00 0000056.000 8 x 7 x 0 PD (050.00) http://www.okeechobeepa.com/GIS/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 Submit http://www. sunbiz. org/scripts/cordet.exe?action=DETFIL&inq_doc_number=P94000058O... 10/4/201 l J !3 � � �,i.�k ,.e'F �� ti �`.,� v i� ,y,J �� r k: r h:._ ' • � _f ...,.. �, . , ,.%' „ r . �,,.,i,rj' N-"+"s Fps' }[ y f ., ,a ,F �. ,.... / _ 6 � rF } '�i±F i � � r ' fe -;. � � _ q. E f } p j. } f.�, t f4 h � . . .... .. _ . ..- .� Y .. . „ F,_. r �� ', � .f F� k r'.,. r F � k i s G 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, FI 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 Attached two-family Attached two-family dwelling dwelling Acreage 0.843 (36,721 sf) 0.843 (36,721 sf) Location: 204 SE 7th Street, Okeechobee, FL 34974 Parcel Identification Number: 3-22-37-35-0030-OOOMO-0010 %W I Staff Report Applicant's Name: Good Care Home, Inc. Rezoning Request 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- Staff Report Rezoning Request Applicant's Name: Good Care Home, Inc. 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 RSFI 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 lines. 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 my knowledge. Neither the existing use nor any other allowable uses on the property are burdened by any unnecessary restrictions. �4 4 Staff Report Rezoning Request Applicant's Name: Good Care Horne, Inc. Petition No. I 1-001-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 Applicant's Name.- Good Care Home, Inc. Rezoning Request Petition No. I 1-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS L. -. TH. c;T=;==-T bject Pfoprert%.,; Staff Report Rezoning Request Applicant's Name: Good Care Home, Inc. Petition No. 11-001-R EXISTING ZONING SUBJECT SITE AND ENVIRONS 6229 H. 7 71 S.E. r TH S-r'F T SUbject Property m isl (v1 r:;THEE 1 fir. s �:: {`'� r{f: f. - { �r.�� fir' �:-'�• {..� � ,r F` . ramcc'p-OR+TEu C3C • ;:rp;^;F: ELSCfY-0aw 01 ? I CLT- LIG..-!T COMMER!MR: 1- HOLDING 1:•11C.- INDUSTRV•.L =UE - FUSUC �r.�:ILiTIE:i PUG-P. RESIDENTIAL is UL-1 RSF; • RESICV-1 (rl 3thif.--! E ,=nhAllr .R F. - RESIDEIrI :AL SINGLE r f-AL± (t" 7 Staff Report Rezoning Request Applicant's Name: Good Care Home, Inc. Petition No. 11-001-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS �. .L .• JAL Vacant,AMA S*jec,' wl I j�es Propertyjw� Marl ..� }. i� Homey ` %ftw NDEPENE WEWSPAPER.S 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 a101 in the matter of _�� _. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement f ublication in the said newspaper. —...._.._..--- ------ --- .. Tom Byrd �S-worn to and subscribed before me this �? 1 day ofLl'- - L/ AD Notary Public, State of Florida at Large 6 �� AJTAR IdC-STATE OF F1,O" - "" Angie Bridges i :Commission #DD779718 °••.;•-` Expires: APR. 20, 2012 1.0"M THRU ATLANTIC VONPtNSl RA.t INC. (863) 763-3134 A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechob rcida will on Tuesday, January 3, 2012 at 6:00 p.m. or as soon thereal ssible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUB ARING onand thereafter to consider final reading of the following Oi nce into law: 1078: AN ORDINANCE OF THE CITY OF OKEECHOBI ORIDA; AMENDING THE OFFICIAL. ZONING MAP OF OKEECHOB r REZONING A CERTAIN TRACT OF LAND MORE PARTICULAR -SCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY-O 56-1) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMI MF) ZONING DISTRICT; AMENDING THE ZONING MAP ACCOR IGLY; PROVIDING FOR CONFLICTSr SEVERABILITY AND AN 1 ICTIVE DATE. The Ordinance is regarding Rezoning Petition No. 11-001-R, submitted a Sherman, on behalf of property owner, Good Care Home, Inc., ange the zonlrfg district from RSF-1 to RMF, for approximately 0.843 act sated at 204 SE 7th Street. copyy of the agenda may be obtained from the City website www.cityc echobee.com, or contact Administrabon, (863) 763-3372 x 212. A copy entire applicabon(s) is available at the City Clerk's Office during regt siness hours,. Mon -Fri, Sam-4:30pm, except for holidays. IKE NOTICE AND BE ADVISED that no stenographic record by a certif drt reporter will be made of the foregoing meeting. Accordingly, any p i who may seek to appeal any decision involving.the matters noticed he will be responsible for making a verbatim record of the testimony e idence at said meeting upon which any appeal is to be based. Please a t City Adminlstration at 863-763-3372, or website vw ciNofokeechobee.com, to obtain a copy of the agenda. In accordance with the Americans with Disabilities Act (ADA) of 1990 p is needing special accommodation to participate in this proceeding sho Itact the City Clerk's Office at 863-763-3372 for assistance. James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk -INDEPENDENT �NIIWSPAP�RS OKEECHOBEE NEWS 107 S.W. 17th S—L Suits D. Oke hobm, FL 34974 (863) 763-3134 A4 STATE OF FLORIDA COUNTY OF OKEECHOBEE 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, Fl rida, t.the attached copy of advertisement being a�jj , 4 r in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 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 fo the purpose of securing this advertisement publicatio in the said newspaper. - Tom Byrd Sy;orn to d subscribed before me this �.y day of f n-7> AD Notary Public, State of Florida at Large aoTARY IICSTATEOFFlp Angie Bridges € Mission#DD779719 '. Expires: APR, 20, 2012 "9Nli'RD MRV ATLL nc Ba"Wo M, vfr_ PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, January 3, 2012 at 6:00 p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a Public Hearing for the first reading of the following Ordinance into law: 1079: AN ORDINANCE OF THE CITY OF OKEE- CHOBEE, FLORIDA; AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE CITY'S CODE OF ORDINANCES INCLUD- ING SECTION 30-35 RELATING TO THE REQUIREMENTS FOR AND LOCATION OF COMMERCIAL SANITARY GARBAGE CONTAINERS; SECTION 66-1 DEFINI- TIONS, BYADDING CERTAIN NEW DEFINITIONS AND UPDATING EXISTING DEF- INITIONS FOR CLARITY AND CONSISTENCY WITH OTHER PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS; SECTION 78-36 RELATING TO REQUIRE- MENTS 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 EXCEP- TION USES IN THE RSF 1, RSF 2, AND RMF DISTRICTS, RESPECTIVELY; SEC- TIONS 90-135(B)(1) AND 90-196, BY CLARIFYING THE MINIMUM YARD REQUIRE- MENTS 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 RESTAURANT TO THE LIST OF SPECIAL EXCEPTION AND PERMITTED USES IN THE CLT AND CHV DISTRICTS, RESPEC- TIVELY; BY MODIFYING SECTION 90-316 TO RECTIFY AN INCORRECT REFER- ENCE; SECTIONS 90-342 AND 90-343 BY MOVING CAFE FROM THE LIST OF SPECIAL EXCEPTION USES TO THE LIST OF PERMITTED USES IN THE INDUS- TRIAL DISTRICT AND BY ADDING CERTAIN PERSONAL SERVICE USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT; ADDING A NEW SUB- SECTION 90-511(e)(6) PROHIBITING PARKING SPACES ADJACENT TO A DRIVE- WAY FROM BEING CLOSER THAN 20 FEET TO THE RIGHT-OF-WAY OF A PUB- LIC ROAD; SECTION 90-512 BY MODIFYING THE OFF-STREET PARKING REQUIREMENT FOR AUTOMOBILE SALES ESTABLISHMENTS; BY DELETING SECTION 90-535IN ITS ENTIRETY AND INCORPORATING ITS PROVISIONS INTO SECTION 90-534; BY MODIFYING SECTION 90-573(B) TO RECTIFY AN INCOR- RECT 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. A copy of the agenda may be obtained from the City website www.cityofokee- chobee.com, or contact Administration, (863) 763-3372 x 212. A copy of the entire application(s) is available at the City Clerk's Office during regular business hours, Mon -Fri, Sam-4:30pm, except for holidays. TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to appeal any decision involving the matters noticed herein will be responsible for making a verbatim record of the testimony and evidence at said meeting upon which any appeal is to be based. Please contact City Administration at 863-763-3372, or website www.cityofokeechobee.com, to obtain a copy of the agenda. In accordance with the Americans with Disabilities Act (ADA) of 1990 persons need- ing special accommodation to participate in this proceeding should contact the City Clerk's Office at 863-763-3372 for assistance. by: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk LCHIBIT 2 JAN 3, 2012 ORDINANCE NO. 1079 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, 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 FORZERO 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 RESTAURANT TO 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 s�� 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 tme 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, boardinghouse, fraternity hotise, , 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 fouf or more people are sheltered for in which lodging, and perhaps meals, are provided to individuals unrelated to the owner for compensation; includes a rooming house. and bed and breakfast establishrnent8. 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 a88ernbly hall, museum, art gallery, Language to be added is underlined Language to be deleted is strueit-thretrgh 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 unloadingpersons 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, �90-564). Flea market means 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 Floor area ratio means a ratio of gross floor area of a" struettires on a lot to the iot 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 buildinq 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. conducted within a dwelling for financial gain by an occupant of the dwelling. Hotel means an establishment containing primarily sleeping accommodations for transient guests, with no pro i i le for cooking in individual roorns 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. 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. --- -- -- ------ -: - --- -: -: :.-; ;: .:- :- :- 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. 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. Manufacturinq 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. 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 quests. 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. Language to be added is underlined Language to be deleted is st rert g Ordinance No. 1079 Page 3 of 8 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 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 laboratory means 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 salling retail goods, and not, 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 orieweler. Service, personal, means an establishmentineltid Ing: 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, dry eleanei`, 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 a+echol 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 Building_ height) Section 3. Language to be added is underlined Language to be deleted is Ordinance No. 1079 Page 4 of 8 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. Lal 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 forzero 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 Zero lot line single-family dwelling RMF District, 90-196. Lot and structure (2) Minimum yard requirements... (a) Single-family dwelling and two family dwellings: Side 10 feet Rear 10 feet Front 25 feet Side 15 feet and 0 feet Rear 10 feet requirements. Zero lot line single-family dwelling Front 25 feet Side 10 feet Rear 10 feet Front 25 feet Side 15 feet and 0 feet Rear 10 feet Language to be added is underlined Language to be deleted is s ruek-througli Ordinance No. 1079 Page 5 of 8 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. (1) Restaurant, take-out restaurant, cafe. (2) Dry cleaner/laundry, laundromat CHV District, Sec. 90-282. Permitted uses. (3) Restaurant, take-out restaurant, cafe. (5) 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 96-394 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 8. 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 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. Section 90-342, Permitted uses. 22 Cafe 23 Barbershop, beauty shop 24 Dry Cleaner/laundry 25 Nail care 26 Shoe repair 27 Tailor Section 9. Section 90-343, Special exception uses. 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. Language to be added is underlined Language to be deleted is stmtk4hfettgl� Ordinance No. 1079 Page 6 of 8 (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. 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 associated d vMb 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 Oy-ej La3), 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) Section 15. 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. 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: Language to be added is underlined Language to be deleted is struek4HfetKTK Ordinance No. 1079 Page 7 of 8 Sec. 90-702. Outdoor vehicle sales lot Outdoor vehicle sales lot requirements are as follows: �1) Location Where permitted by district regulations Minimum lot area 6,250 square feet; 10,000 square feet; 100 feet wide U Minimum yards As permitted by district regulations 4) Maximum lot coverage As permitted by district regulations Max. impervious coverage As permitted by district regulations Maximum height As permitted by district reaulations 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 3rd day of January, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CIVIC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 171h day of JanuM, 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 Ordinance No. 1079 Page 8 of 8 6Cksines-S - -'i4en) A m � � \ ......... ...... __�--/', � / ` / U U ` I WMAIVM 03'd3A00 a Okeechobee VA Physicians Office Characteristics 210 NW 5tn St., Okeechobee, FL ➢ Provides routine primary care physician office visits dedicated for Veterans only, as a benefit for deserved Veterans in the area. ➢ Care for 1,970 enrolled Veterans under a new contract for five years starting on/about February 2012 with facility opening on/about May 2012. ➢ New contract is not the same location or typical of the current contract in place in Okeechobee. All visits and tests are by appointment only. ➢ Full time Doctor of Internal Medicine that can care for up to 1,500 enrolled Veterans on his "panel". ➢ Part time Nurse Practitioner that can care for the remaining 470 Veterans on his "panel". ➢ Five (5) support staff (lab tech, medical assistants, clerk, and counselor). ➢ Total of 5-6 full time employees. 8:00 a.m. - 5:00 p.m. operating hours, Monday through Friday (closed all holidays). ➢ "Patients by Appointment" - volume in clinic not to exceed 2-4 patients per hour. ➢ Appointments scheduled at 2 patients an hour in an 8-hour day. ➢ Latest OIG Inspection finds current facility volume is 2-4 patients per hour. ➢ Proposed site has excessive on -site parking for all patients to accommodate enrollment as dictated by contract with 1,970 Veterans. (20 spaces, 7-8 street spaces for staff). ➢ Anticipate the on -site parking lot will never exceed 10-12 spaces occupied at any one time including staff. (There is no shared tenancy in dedicated building.) ➢ CRA has obtained permission (via letter agreement) to utilize the ARC lot across from the site in the unlikely event any overflow parking is needed (25-30 spaces). ➢ CRA has met with the City Building Department to review plans and create a cooperative effort to assure compliance in serving the area Veterans with the highest level of care. ➢ Contract will have five other locations in South Florida, in addition to this facility in their respective townships. ➢ CRAssociates, Inc. is the largest provider of "Turnkey" Health Services to the Department of Veterans Affairs and Department of Defense nationwide and cares for thousands of Veterans throughout the United States and abroad in this dedicated physicians office platform for the Veterans Administration. ➢ Building plans in place for permit and Chapman's Construction Company retained to provide build -out of this and five other South Florida facilities. ➢ Any lab test or testing done under the new contract will be by appointment only as there are no walk-in patients. DEC-20-2011(TUE) 12:d3 THE ARC OF OKEECHOBEE (FAX)8634679656 P.002f002 December 20, 2011 OKEECHOBEE REHABILITATION FACILITY, INC. THE ARC OF OKEECHOBEE 403 NW 2ND AVENUE OKEECHOBEE, FLORIDA 34974 863-763-2419 — 863-467-9656 FAX CRAssociates 8580 Cinderbed Road, Suite 24 Newington, Virginia 22122 To Whom It May Concern: Please be advised that I have had a discussion with Charles "Chief' Robbins, of CRAssoclates, who is representing the possible development of the new VA physicians office located at 210 NW Fifth Street, Okeechobee, Florida. Mr Robbins described to me the scope of practice and volume of patients. After conversing with him and to assist in the care for our veterans, the physician's office Is free to utilize our lot located at 403 NW 2nd Avenue for staff and patient parking, In the unlikely event overflow parking would be needed. We have no plans for development of the lot at this time and should the City of Okeechobee require any upgrades I am of the understanding that they would be the responsibility of the Va or any of their contractors. We look forward to the facility opening and see It as a welcome addition both as'a neighbor and to our community. Should you have any questions or concerns, please feel free to contact me at 863-763-2419. Thank you, n Zeigl r, Executive Director cc: Mr. Ray Schaub, Building Inspector Revised M Exhibit Three ORDINANCE NO. 1080 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 COMMERCIAL PROFESSIONAL OFFICE (CPO) 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, the Okeechobee Church of God, more particularly described hereafter, has heretofore filed Petition No. 11-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.033 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) 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 December 15, 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: LOTS 7 TO 12, INCLUSIVE, OF BLOCK 120 AND THE SOUTH ONE-HALF 15 FOOT ALLEY IN BLOCK 120, AS VACATED IN O.R. BOOK, PAGE 523, 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 (1.033 acres) zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District. Ordinance No. 1080 Page 1 of 2 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 3rd day of January, 2012. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk,. Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 17th day of January, 2012. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor LXHIBIT 3 ORDINANCE NO. 1080 JAI 3, 2012 AN ORDINANCE OF THE CITYOF 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 LIGHT COMMERCIAL (CLT) 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, the Okeechobee Church of God, more particularly described hereafter, has heretofore filed Petition No. 11-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.033 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Light Commercial (CLT) 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 December 15, 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: LOTS 7 TO 12, INCLUSIVE, OF BLOCK 120 AND THE SOUTH ONE-HALF 15 FOOT ALLEY IN BLOCK 120, AS VACATED IN O.R. BOOK, PAGE 523, 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 (1.033 acres) zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Light Commercial (CLT) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1080 Page 1 of 2 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 3rd day of January, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 171h 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. 1080 Page 2 of 2 Revised — Exhibit Three ORDINANCE NO. 1080 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 COMMERCIAL PROFESSIONAL OFFICE (CPO) 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, the Okeechobee Church of God, more particularly described hereafter, has heretofore filed Petition No. 11-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.033 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) 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 December 15, 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: LOTS 7 TO 12, INCLUSIVE, OF BLOCK 120 AND THE SOUTH ONE-HALF 15 FOOT ALLEY IN BLOCK 120, AS VACATED IN O.R. BOOK, PAGE 523, 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 (1.033 acres) zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District. Ordinance No. 1080 Page 1 of 2 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 3rd day of January, 2012. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 17th day of January, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney AGENDA DECEM13ER 15, 2011- PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS -PAGE 2 OF 4 ACTION - DISCUSSION • VOTE V. CONSIDER PETITIONS AND APPLICATIONS- Chairperson. A. Petition No. 11-002-R, submitted by Steven Dobbs on behalf of property owner Okeechobee Church of God, for property located at 301 Northeast 4`h Avenue, to change the Zoning classification on Lots 7-12 of Block 120, City of Okeechobee, from Residential Single Family -One to Light Commercial - City Planner. 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. Petition No. 11-002-R, submitted by Steven Dobbs on behalf of property owner Okeechobee Church of God, for property located at 301 Northeast 41h Avenue to change the Zoning classification on Lots 7-12 of Block 120, City of Okeechobee, from Residential Single Family -One to Light Commercial. Mr. Brisson presented the Planning Staff Report of approval, stating the applicant wished to rezone to Light Commercial to allow for a cafe. The Church is proposing a 15 seat, 640 square foot cafe to be located in the Northwest corner of the existing building. Light Commercial is consistent with the Comp Plan, but in order to recognize the least intensive commercial use, which would allow the applicant to do what they wanted, they would recommend Commercial Professional Office. This would still allow a cafe by Special Exception, but does not allow a regular sized restaurant which provides some protection to the surrounding area. The Church owns the property to the North where the Parsonage is located and which would be most impacted. The properties to the South are separated by the Church's existing buildings and to the East there is a good distance of separation. There are no problems with traffic or congestion and no density involved. The Planning Staff recommends Commercial Professional Office zoning classification. Steven Dobbs, designee for the Property Owner, Okeechobee Church of God, was present for questions from the Planning Board along with Reverend Smith. He stated they would be in agreement with Commercial Professional Office instead of Light Commercial. Chairperson Hoover opened the floor for public comments at 6:10 p.m. There were none. Chairperson Hoover closed the Public Hearing at 6:10 p.m. The floor was opened for Board discussion, there was none. Member Burroughs moved to approve Application No. 11-002-R submitted by Steven Dobbs on behalf of property owner Okeechobee Church of God, for property located at 301 Northeast 4m Avenue to change the Zoning classification on Lots 7-12 of Block 120, City of Okeechobee, from Residential Single Family -One to Commercial Professional Office; seconded by Member Keller. DECEMBER 15, 2011 - Planning Board/Board of Adjustment and Appeals - Page 3 of 4 AGENDA V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. A. 6. Consider motion and vote continued. VI. OPEN PUBLIC HEARING - Chairperson. QUASI-JUDICIAL A. Petition No. 11-003-SE submitted by Steven Dobbs on behalf of property owner Okeechobee Church of God, for property located at 301 Northeast 4`h Avenue to allow a cafe within a Light Commercial Zoning district. (Ref. Sec. 90-253 (1)) - 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. ACTION - DISCUSSION - VOTE HOOVER - YEA BURROUGHS -YEA BRASS -ABSENT KELLER- YEA LUVIANO- ABSENT MCCOY-YEA BAUGHMAN-YEA MORGAN-YEA MOTION CARRIED. Chairperson Hoover opened the Public Hearing at 6:11 p.m. Petition No. 11-003-SE submitted by Steven Dobbs on behalf of property owner Okeechobee Church of God, for! property located at 301 Northeast 4'" Avenue to allow a cafe within a Light Commercial Zoning district. (Ref. Sec. 90-253 (1))• Mr. Brisson presented the Planning Staff Report of approval stating this was the same property that was just discussed and the rezoning was recommended for approval to Commercial Professional Office. The Church wishes to use the parking on the north side of the street for the proposed cafe. They currently have 40 parking spaces and the cafe would require 9 spaces. Approval is recommended with two stipulations. There will be no overlay in the hours the cafe is open with those that the sanctuary and classrooms are being used or with any other church function. The other being that the City Council approve the parking arrangement as proposed per Sec. 90.483 (1)b. Steven Dobbs, designee for the Property Owner, Okeechobee Church of God, was present for questions from the Planning Board along with Reverend Smith. Chairperson Hoover opened the floor for public comments at 6:30 p.m. There were none. Chairperson Hoover closed the Public Hearing at 6:30 p.m. 5. Board Discussion. III The floor was opened for Board discussion, there was none. City of Okeechobee General Services Department SS S.E. P Avenue, Room 101 Okeechobee, Florida 39974-2903 Date: I 1 15_4 I Petition No. Fee Paid: Q 9. �'311 urisdiction: �' c 1S' Hearin A 1 god Hearin : C v -1 Publication Dates: Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): Okeechobee Church of God 2 Owner mailing address: 301 NE 4th Avenue 34972 3 Name of applicant(s) if other than owner 4 Applicant mailing address: 4a e-mail address: sdobbs@stevedobbsengineering.cam 5 Name of contact person (state relationship): Steven L. Dobbs - Representative 6 Contact person daytime phone(s): 863-824-7644 77777 PROPERTY INFORMATION 7 Property address/directions to property: 301 NE 4th Avenue 34972, South 1/2 of block Describe current use of property. House of Worship 9 Describe improvements on property number/type buildings, dwelling units , occupied or vacant, etc. Sanctuary, Fellowship Hall, classrooms 10 Approx. acreage:2.07 Acres Is property in a platted subdivision? Yes 11 is there a use on the property that is or was in violation of a city or county ordinance. If so, describe: No 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 lot owned by Church, RSF East:Developed Residential Block South:3/4 block Heavy Commercial, 1/2 RSF west:Vacant Land RSF 14 Existing zoning. RSF Future Land Use classification Commercial 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property. (X ) No (_.____) Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (X ) Rezone (--X-) Special Exception (____) Variance 17 Parcel Identification Number, 3-15-37-35-0010-01200-0010 (Rev_ 04111) Page I of I 1 REQUIRED ATTACHMENTS Applicant's statement of interest in property: Owner 18 Non-refundable application fee: Rezoning $850; Special Exception: $500; Variance: $500; all plus $30/acre Note; Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges — When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the 19 actual costs. 20 Last recorded warranty deed NIA, Quit Claim Deed for Alley Attached 21 Notarized letter of consent form property owner (if applicant is different from property owner) Three property surveys (one no larger than 11" x 17") containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description 22 c. Computation of total acreage to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject property. See the 23 Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specifi�applica�ion a�ndch�eckfist�sheetin line �15 For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Retie. 04/1 1) Page 2 of I I 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 , and the assertions made to>me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this '36 day of ®mild N^ a ®ll r Signature of Applicant Name of Applicant (printed or typed) State of Florida County of Okeechobee D 36, 21)1) Date Sworn to and subscribed before me this 30 day of _C04CA a®%/ Personally known to me or produced as identification and did not take an, oath. iry Public, State of Florida Seal: ERIC L. MYERS` Notary Public - State o1 Florida i My Comm. Expires lion 15, 2013 Commission # DD 024617 a,.„.• Bonded Through National Notary Assn. (Rev. 04/11) Page 3 of`I I NOV 2O 1. 1. 12: 1 Lip Okeechobee Church of God 86341371750 p.l 'OD CHUQ01 Of G PASTORAL APPOINTMENT LEITER August 3, 2009 The Reverend Kenneth Mark Smith (File No. 43867) 301 NE 41h Ave Okeechobee, FL 34972-2982 TO WHOM IT MAY CONCERN: This is to certify that Reverend Kenneth Mark Smith has been duly appointed as pastor of the Okeechobee Church of God (Church File No. 194), This appointment is made by Dr. J. Martin Taylor, duly appointed Administrative Bishop of the Church of God in Tampa, Florida, and is effective July 19. 2009. As pastor of the Okeechobee Church of God, Reverend Kenneth Mark Smith is to take charge of all church funds, notes, documents, bank accounts and records belonging to the Okeechobee Church of God and coming under the jurisdiction of the pastor in compliance with the rulings of the Church of God General Assembly and recorded in the 2006 Minutes of fhe Church of God Genera! Assembly and the rulings of the 2006 State Ministers Meeting. Further, this ministerial appointment, may also be rescinded at any time by the duly appointed administrative bishop, as provided for in the book of church order or book of discipline for the Church of God, the Minutes of the Church of -Cod General Assembly (2006 e it n), or as amended from time to time. Sincerely, CHU H OF GOD FLORIDA STATE OFFICE Martin yIar, D.D. Administratve Bishop JMT/nap XC: Rick Whitter, Regional Bishop R.D. Harris, Elder Church Clerk All State Office Departments STATE OF FLORIDA GOUNTY OF HILLSaOROUGH J. Martin Taylor, duly appolmod AdmlMatnllve 81enop or"GhurChae of pod In Florida, 6ernonsAy apoeamd Derare me and 0"onally known by me. the undersigned Notary Puck In and for the State and county aroreseid, and acknowledges the he exucutsd thia document for the purpoaee heveln wnlvined and exweaead, He 1Nd *rot t kt: on oath. ��{111U11411!!/r/JI /� ,y'�rp�'��AANCESH��y�. Wrt m&5 my hand and Seat V11S lOt A v q�_, 2009. V -- �r �•(��Il�11�a�OH� . P� S� z0 a J� Mary "Orion. Nbtary P Ilc MOt) 8721p9 My Cominisaiun Ecpiraa. '�. l 9 . / 3�+ c ?73)t 'IgA;,iM(JNT 6RIVf , IantPA FLORt(2A :1_,F 19 131 31 t; -136^ ,',10�(/C STASEq `\\, s //NifIIII1100 3-15-37-35-0010-01210-0010 WOLFORD WANDA SUE TRUSTEE 1888 EAST ACK ROAD 6 5 4 JFL 2211649d7SE 2 1 -121 3-15-37-35-0010-01210-0070 WOLFORD WANDA SUE TRUSTEE 1888 EAST ROAD 7 8 9 JACK LL FL 22171914E 11 12 3-15-37-35-0010-01420-0010 TENNISWOOD JAMES R & PATRICIA 1008 SE 8TH AVENUE 6 5 4 3 °�3<7401! 1 - 142 t 7 8 9 10 11 12 �0 o� w m CD oKFC o=�Sp 6 5 4 3 2 1 U 6 S<Y 4 3 2 np n0 mwN �Z 7 Z mw Y 120 - -----_ __ 1-19 --- �w ow O LL Obi Lu W 9 EE CT oQ�= o�wOw 7 8 9 10 11 12 7 �ooY 9 10 11 r K'o nw �m U i Q m 00 o W Z Tj�,F qA l R Yc3�3 Q o v3i a w ': 3. 7S3� w OYww ?70 FN 7 w w mp W7�iS0 o w0 Z 2 w /r �O7p�,° J. Cy �F b0 o P U g °' Jq �S �� 1g40 ky RFN MST A✓ °0s mN www o 41 o P o 5 O0 aFF NGF w w 5 z w`g' 2 6 40gJcF� R R 4 3 2 N v 6FF O N OY i 273 �R s .-w z 71 z O 7 $ 9 10 11 12 7 Ei A 1n 11 Nov 29 1.1. 06:23p Okeechobee Church of God OG34671750 p.1 ADDITIONAL INFORMATION REQUIRED FOR A REZ0*N6 A Current zoning classification: RSF Requested zoning classification CLT - Light Commercial Describe the desired permitted use and intended nature of activities and development of the property? B The Church desires to operate a not for profit cafe, where current and potential members would have a place to congregate and eniov eacll.Qther'wship. Is a Special Exception necessary for your intended use? (__ J No (X ) Yes If yes, briefly describe: C The Cafe is allowed under this zoning with a Special Exception. Is a Variance necessary for your intended use?) 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 actors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA mustidenkff 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 roadwaj links with and without the pLoject. 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, L.DR 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. No, in fact the overlaying future land use is commercial and this request will bring the Future Land Use and Zoning into agreement 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the Church is basically requesting a coffee shop. 3. The proposed use will not have an adverse effect on the public interest. No, the Church has more than sufficient parking for the use since the use of the cafe and the use of the Church are not simultaneous events. 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. Yes, there is heavy commercial zoning to the south of the Church where people will be entering and leaving the facility for this use. 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 as 4. (Rev, 04/11) Page 6 of 11 rlclgin { re C I 3. ire cl for ",'Y"i' Ot € lrngKl it_r,`4 . i ;rEl p'id1£?,e f t lcz"S: ?s C:oYt ..! 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 as 4. 7. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the iinproveinent or development of adjacent property. No, the existing use is a Church with different functions at various hours and this will not be adverse to the adjacent property. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The proposed use will be of no more impact that the existing use, so no nuisance or hazards are anticipated. 9. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets; and utility services The proposed use will be of no more impact that the existing use, so overburden of existing public facilities is anticipated. 10. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will pose no more traffic impact than the existing use. There are no change to the drainage pattern so no flooding or drainage problems are anticipated. 11 The No proposed use has not been inordinately burdened by unnecessary restrictions. 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 11 F I LE NUN 201 1501 78,34 OR BK C-10573 PG 0676 SHARON ROBERTSONr CLERK OF CIRCUIT COURT Prepared by and return to: OKEECHOBEE 000NTYrFL RECORDED 03/16, 2005 03:22�� :12 PM E. T. Hunter RECORDING FEES 10-51! Attorney at Law DEED DOC 0.70 [JUIS,,TER & HUNTER, P.A. RECORDED BY N Arnold ler Street of od, FL 33020 0 File er: Will o.: ,\ o Quit, im Deed This Qui � aim Deed made this _/� day -P�� e ;_ 2002, between H. G. Culbreth, J_ , e' Trustee, and David O. Hamrick, Co -Trustee, as Trustees of the Richard E:lli Hamrick a/k/a R. E. Hamrick Trust U/W whose post office address is P.O. Addreo s P.O. Box 848, Okeechobee, Florida 34973, grantor, and the Church of God, ffice qddress is 34972, grantee O Q12ee — 301 NE 4t" Avenue, Okeechobee, Florida Whenever used herein to rms "grantor" and "grantee" include all the parties to this instrument and the heirs, 1 a epresentatives, and assigns of individuals, and the successors and assigns of corpora so trusts and trustees) Witnesseth, that sal ntor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) other good and valuable consideration to said grantor in hand paid by said gra the receipt whereof is hereby acknowledged, does hereby remise, release, a tclaim to the said grantee, and grantee's heirs and assigns forever, all right, title, interest, claim and demand which grantor has in and to the fol ing described land, situate, lying and being in Okeechobee, County, Florida -wit: A 15 foot wide alley in 111, CITY OF OKEECHOBEE, according to the Plat thereof, recor Plat Book 1, Page 10, Public Records of Okeechobee County, Flo 1 more particularly described as that alley running East to West Lots 1 to 6 and 7 to 12 of said Block 111. and A 15 foot wide alley in Block 120, CITY OF OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida; more particularly described as that alley running East to West between Lots 1 to 6 and 7 to 12 of said Block 120 It is hereby understood and stipulated that whenever said land hereby conveyed is not used any more for church purposes by the Church of God, that said land shall revert to the Grantors herein or it's successors in title or its assigns. Pursuant to Florida Statute 689.18 (5) this reverter is for an unlimited duration and shall_ be perpetual. OR e K 00573 Ir•G 0 677 To have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in ia� or equity, for the use, benefit and profit of the said grantee forever. Tri tness Whereof, grantors have hereunto set their hands and seal the day a ev first above written. Sig , sealed and delivered in our presence: O / Witness! H. G. Culbreth. Jr. Co -Trustee t s Nam W' ness Name: '{gyp David 0. Hamrick s • _ Co -Trustee ess Name: n State of Florida County of Okeechobee ,,7 ��J The foregoing instrument w s nowledged before me this ff_ day of £epte�Rbar, 2002, by H. G. Culbreth, Jr. Co -Trustee, who is personally know or has produced a driver's license as identition. A"A'' � «z MY COivIM15S10N CC89Mob1 Notary S. N ary Public May5,20fl3 Printed Name: 'IRFF BONDEDTNRUTROYf.41NNiSURIW I y Commission Expires: State of Florida {{ County of j4.VtW- 04 V a.'t'O a 8' Q The foregoing instrument was acknowledg before me this day of 2002, by David 0. Hamrick, Co -Trustee, ho s personally known or has produced a driver's license as identification. _ s, Notary Seal �Wk GLORIA HENRIQUES MY COMMISSION N DD 101385 EXPIRES: April 13, 2006 • � Sanded Thm Notary Public UnderWj,,, Ouir Claim Deed - Page 2 tary Public inted Name: Commission Expires: DoubleTime® Okeechobee County Property Appraiser's Office Information Request Form for the City of Okeechobee Property Owner Name(s) Church of Gad Parcel Identification Number 3-15-37-35-0010-01200-0010 Contact Person Name Reverend K Mark Smith Contact Person Phone Number 941-526-5132 Requested Items Needed By 11-02-2011 Rezoning ❑ 11 5pecial Exception {I Items Needed: Items Needed: Location map 100' surrounding property from the Location map 100' surrounding property from the outermost outermost portion of subject property. portion of subject property. Surrounding property owners mailing addresses 300' Surrounding property owners mailing address 300' from the from the outermost portion of subject property. outermost portion of subject property, Variance Future Land Use Map Amendment Items Needed: Items Needed: Location map 100' surrounding property from the Location map 100' surrounding property from the outermost outmost portion of subject property. portion of subject property Surrounding property owners mailing address 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- Fowler Okeechobee County Property Appraisers Office 307 N.W. 5t" Avenue, Suite A Okeechobee, Florida 34972 Phone: (863) 763-4422 Fax: (863) 763-4745 ka�-d 11; 11 hvv 9d 10 To: Bill Brisson From: Steven L. Dobbs Date: November 29, 2011 Subject: Additional information needed for Church of God application 11-003-SE no Please find my responses to your questions in italics along with the attached exhibit. These should answer your questions. I . Describe the location where the Cafe will operate; nothing in the application tells me this. "I'he Cafe will be in the northwest end of the building in some remodeled classrooms as shown on the attached exhibit. 2. How many seats are proposed? Approximately IS seats are proposed for the Cafe. 3. What is the square footage of the cafe? We need this to determine what parking is required under the code for the cafe. Approximately 320 sf is set aside for the Cafe with 175 sf for seats and 145 sf as a working area 4. What is the seating capacity of the existing church upon which its parking requirements are based? The church currently has approximately 40 paved parking spaces and approximately 5 acres available for unpaved parking for the approximately 300 available seats in the sanctuary. Since there are no concurrent meeting in the sanctuary and the classrooms the sanctuary parking requirement is the ultimate requirement. 5. How many parking spaces are now provided on site, particularly how many are striped in the concrete parking lot and the asphalt area to the north? There are approximately 40 paved parking spaces available. 6. Assuming the Church wishes to use the provision in Sec. 90-482(6) to allow the cafe to count the church parking to meet the parking requirement for the cafe, please give the specific days and hours the cafe will be open and the specific days and hours the church operations would be using the parking areas. This information will provide the basis for a stipulation allowing the Church parking to be counted towards the cafe parking requirement. The information provided on page 8 of the Special Exception application is a little too sketchy to allow us to make such a determination. The church has tivorship services on Wednesdcry at 7: 00 prrr crud Sundav at 10: 00 ai i and 0: 00 prn. The Cafe will be used 5: 00 am until 7: 00 pin Monday thru Saturday, except Wednesdav the Cafe n�il1 only be open until S: 00 pm to not conflict with. the Wednesday night service. Please do not hesitate to call 863-824-7644 with any additional questions. Steven L. Dobbs Okeechobee Church of God City of Okeechobee Rezoning and Special Exception Exhibit Proposed. Caf6 Location ........... -v& J1 "My. .nk _ ; �X.....:..:.'C w.. � 'ir,. w,, •c`�...:.' ?S �.•it:'ff' :' 5 d_ ,yd,}� y .; :. 7'.. t�...�.L .�_._.... .,.. .:.. �ta�,''� Y�'�' �ir4 . �" _ PRINTED- BY LAWYERS' T4TLt .G.UARwNTY FUND, RASE :++'�/' -ORLANDO, 'FLORI B�OK WILLIAM L. HENDRY - PP Attorney at Law OKEECHOBEE, FLORIDA STATUTORY i�f iflS Jnbr tort, Made this �� day of �ECEs.a0,6R A. D. 19 59 , Wetwepn. Anthony iduzzo and Grace iuzzo', his v+if'e of the county of New Haven State of Connecticut part ias of the first part, and Chester Underhill, ilathaniel Hazellief, K. E. Ho'od., Jackson Davis and hobert Joiner, as Trustees of the hrcperty of the Church of God whose post office address is Okeechobee, Flor iva of the County: of Okeechobee in the State of 'lori.da party of the secondt.pnrt, 11HIMBSB14, That the said part e s of the first part, for and in consideration of the sum of 'Seven 'Thousand Five hundr•ec "G:c'%,50U.00} Dollars, and other good and valuable considerations to them in hand paid by said part y of the second pact, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said part y of the second part, heirs and assigns forever, the following described land, situate, lying and being in the County of Okeechobee in the State of Florida, to -wit: Lots 1 to 12 inclus:_ve of Block 120, 0 :0 :.c, accordinE to the plat thereof' reccrtie.d i.. Plat Book 2, pate 17, public recorris of` St. Lucie a County, Florida. t . � p` oowF, This deed is given sub,;ect to the reservations ' of the State of 1,lor.i.ca as set forth in that certain deed from the Trustees of the Internal Improvement _und of try State of Florida, dated June 5, 1946 and recorded in Deed l3cok 45, pa6e 21, pub.lic 8 0 1 records of Okeechobe5. County, 1''1oriaa. rt and the said part j,as or the tlrst part co hereby fully warrant the otlt to Dada land, and will defend the same against the lawful claims of all persons whomsoever. Fitt 11itntSS MOrrvf, The said part" i e s of the first part ha v e hereunto set t he i rhand s and seal s the day and year first above written. Sign s led and " elivered in our presence: (Seal) 2?2--- (Seal) JJ L (Seal) ..: STATE"OF C01-iNECT.ICUT COUNTY OF d I. HEREBY CERTIFY that on this day before me, an officer' duly qualified to .take acknowledgments, personally appeared Anthony iduzzo ana Grace hluzzo, his v i f a to m,ck to. be the person s described in and who executed the foregoing instrument and they ' 1nowletl eqb..efore me that t he y executed the .same. WI NFSS' my hand and official .seal in the County and State last. aforesaid this day of 9b9 Notary Public My commission exPtres..w I V*ifed this day of cr Deed Book at Page A. D. 19 at o'clock M".,"and Recorded in. RECORD. VERIFIED Clerk Circuit Coulrt; County, BY: ,Deputy Glerk_ FILED FOR RECORD OKEECH08FE COUNTY, FLA. 1959 n 7 r 15 A ill -9 - 22 HAY PIES E. WILLIAMS) Cl-ERK CF CIRCUIT C00" V BOOK J ? p4cE444 STATE OF FLORiDA 0"ECtlO!**F COUNT) THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT P0,fY OF ME RECORDS FILE IN THI 'BE CtF a 2g p3 34 30 _26g1 �6622�6' NE FOURTH ST. CENTERLINE r EDGE OF—F0YEMENT- I O 0.0 DITCH LINEh_— O 269 99 5•g 6.0 � � A — — 2��'�00. QB—x— 1•p � — � � Qo SHED �W 63 OZ6•g 21 mZ ti d 3A 1 6 y 9 6 I_ �C �5 V P co�caErE one P 3 CHAIN LINK FENCE �' 6 07 x —x —x —x --x z7 x—x —x —x —x —x —x —x —x —x x --111 -x —x (n Q 6y 1 g2 u 6A 91 6 1 60 03 Z1 PQ�P 210 ASPHALT DRIVEAra 2 — 21. p0 35 1A CHURCH OF GOD OKSB%ii m' mmmA TOTAL AREA = 94, 595. 44 SQUARE FEET I I MPER. AREA = 43. 710. 67 SQUARE FEET STREET ADDRESS: 301 NE 41 TH AVENUE s• ?e L I LLl j 910 QP AA GRASS Q Q ? z ?2162 6 6 Py Q CZ z W 21. w i STY CBS BLDG Q Z p 1� Z Lu zs• ( CHAPEL ) u LL- W 6 Lu U c+] 2s 2s. -+ Lu Q g � GRASS ` O,Ay S1 00 o GRASS 3 �6 86 S STfX Z 0 c 1 QCL 2 � CONCRETE PARKING LOT 2 STY C. B. S. BLDG S 35 35 299.92' C(� LE) CENTERLINE m BM SPIKE IN STREET INTERSECTION NE THIRD ST. ELEVATION = 2B. 64 FT. MSt CERTIFIED TO: CHURCH OF GOD SURVEY OF: SPECIAL PURPOSE SURVEY OF BLOCK 120, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. LELAND DYALS, RLS 2084t�r NOTE ELEVATIONS BASED MSL DATUM 1929 . L EL IUD D Y,� S p R. L . S. D O 304 S. W. 3rd Ave.. Okeechobee. Fla. PHONE .... 763-4909 FAX..... 763-2600 SEAL SCALE: i" - 50' LOCATIOIc BLK 120, CITY OF OKEE. SE-TP-RG COWUMD B SPECIAL PURPOSE SURVEY FDA: CHURCH OF GOD ATE: it/0/0! omwo fir xo : 5646 L MMY f� JN56a6A SHEET � OF M0. ADDED ELEVATIONS REVf3fdV3 4/06/04 DATE LD I BY F. B. /Pp.: C0.19/07 Staff Report Rezoning Request Prepared for. - Applicant: Petition No.: The City of Okeechobee Okeechobee Church of God 11-002-R <S; ��lai�a�,cmrni tit�r��ict��+, Inc. t 1 i � inrl.,ve rrx 5n cct, snit. rlr,—__—__— sclN inA, 1_ mid:i i,uta! (�u�crnntR ul� 'iincc� 1<7ti?i Staff Report Rezoning Request (General Information Owner/ Applicant: Applicant Address Site Address: Contact Person: Applicant/Contact Phone Number: Applicant's Name. Okeechobee Church of God Petition No. 11-002-R Okeechobee Church of God 301 NE 0 Avenue Okeechobee, F134972 301 NE 41" Avenue Steven L. Dobbs, Representative 863-824-7644 E-mail Address sdobbs@stevedobbsengineering.com Existing Proposed Future Land Use Map Classification Commercial Commercial Zoning District RSF-1 CLT Use of Property Church Church Acreage 1.033 acres 1.033 acres Legal Descriptionof Subject Property Location: 301 NE 4th Avenue, Okeechobee, FL 34972 Parcel Identification Number: 3-15-37-35-0010-01200-0010 02 CITY OF OKEECHOBEE LOTS 7 TO 12 INCLUSIVE, BLOCK 120 AND SOUTH ONE-HALF 15 FOOT ALLEY IN BLOCK 120 AS VACATED IN OR BOOK 484 PG 523 The Applicant is requesting to rezone the property from RSF 1 to CLT. This request is being filed simultaneously with the property owner's request for a Special Exception to operate a caf6. According to supplemental materials submitted on 11-29-2011, the cafe will have about 15 seats and will be located in about 640 square feet in the northwest end of the building in some remodeled classrooms. - 1 ?�% `s.•,� ill 1'1,oiila Lu,A A;m rrr nlifb: yi�,o I�ihv J Staff Report Applicant's Name: Okeechobee Church of God Rezoning Request Petition No. 11-002-R 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 Parsonage for the Church of God Single -Family RSF 1 Single-family homes Commercial and Multi -Family CHV and RSF 1 Offices and Single-family home Commercial CHV Vacant 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 the 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. "No, in fact the overlaying future land use is commercial and this request will bring the Future Land Use and Zoning into agreement." We agree that the requested CLT zoning is consistent with the current Commercial designation on the Future Land Use Map. However, the current location is just outside of the Commercial Corridor boundaries indicated in the recently adopted Evaluation and Appraisal Report which envisions lands within the outer (second) blocks of the "Commercial Corridor" to be developed with light types of commercial use or in multi -family use. This would indicate that the property should be given the least intensive commercial zoning. 2 Staff Report Rezoning Request Applicant's Name: Okeechobee Church of God Petition No. 11-002-R This would be the CPO District. The CLT District allows both a conventional restaurant and a cafe as a special exception, whereas the CPO district allows only a cafe. The difference between the two is that a cafe is limited to no more than 20 seats whereas there is no such limitation on a conventional restaurant. Applicant's stated intent is to operate a cafe. Therefore, CPO is the least intensive zoning that will allow the desired use and have the least potential impact upon surrounding properties and be the most consistent with the Comprehensive Plan and its evolving development policy regarding commercial uses. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "Yes, the Church is basically requesting a coffee shop." We agree. The Applicant's stated intent is to operate a "cafe" open to the general public and located within the church facility. A cafe is a special exception use in both the CPO and CLT districts. 3. The proposed use will not have an adverse effect on the public interest. "No, the Church has more than sufficient parking for the use since the use of the cafe and the use of the Church are not simultaneous events." We agree the use will not have an adverse effect on the public interest. 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. "Yes, there is heavy commercial zoning to the south of the Church where people will be entering and leaving the facility for this use." We agree that the proposed use is reasonably compatible with the adjacent land uses. While the lands to west are vacant, and zoned for single-family residential use, they are located within the Commercial Corridor and are proposed to be designated Transitional Commercial Overlay which will provide for either CLT, CPO or RMF zoning, all of which are compatible with a similar zoning on the subject property. The property to the immediate north is zoned RSF 1, is owned by the Church, and is used for a parsonage. This is the property that would be most affected by operation of the cafe because one would expect cafe patrons to enter via the driveway on the north side of the Church and use the parking in this area. Properties to the east are single-family uses and to the south are offices and a single-family home. There should be no effect on these properties because they are separated from the proposed cafe by the intervening church buildings. Finally, rezoning to CPO rather than the requested CLT will foster consistency with the evolving Comprehensive Planning policies towards commercial uses, particularly as evidenced in the recently adopted Evaluation and Appraisal Report (EAR). 3 Staff Report Applicant's Name: Okeechobee Church of God Rezoning Request Petition No. 11-002-R 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. "No, the existing use is a Church with different functions at various hours and this will not be adverse to the adjacent property." No, there should be no such adverse effects because the use will not increase traffic or parking during the hours the church is operating. A caf6 is, by definition, limited to 15 seats and therefore would not be expected to generate a significant volume of traffic during the normal weekday peak periods. 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. "The proposed use will be of no more impact that the existing use, so no nuisance or hazards are anticipated." Since the use is being located in about 640 square feet of former classroom space within the existing building, the existing spatial separation from surrounding uses should provide an adequate buffer. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services "The proposed use will be of no more impact that the existing use, so overburden of existing public facilities is [not] anticipated." The commercial operation of a small cafe will have no impact upon density or schools, minimal impact upon water and sewer services, and little impact on the City street system. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed use will pose no more traffic impact than the existing use. There are no change[s] to the drainage pattern so no flooding or drainage problems are anticipated." A cafe of approximately 640 square feet could generate about seven (7) trips per hour during the weekday peak period. This is a very small traffic impact and should have no appreciable effect upon streets in the immediate vicinity. The cafe will not be operating while the sanctuary and classrooms are in use, no additional traffic will be generated during these times. In addition there will be no changes in impervious surface coverage and therefore no impact on the existing drainage systems. 4 �V�--'- Staff Report Rezoning Request Applicant's Name: Okeechobee Church of God Petition No. 11-002-R 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "No" Neither the existing use nor any other allowable uses on the property are burdened by any unnecessary restrictions. Based on the foregoing analysis, Staff recommends denial of the request to rezone the property RSF 1 to CLT. Rather, based on our comments to criteria numbers 1 and 4 on pages 2 and 3, respectively, we recommend approval of a rezoning to CPO. Submitted by: Wm. F. Brisson, AICP December 7, 2011 Planning Board Hearing: December 15, 2011 Council Hearing: January 3, 2011 Attachments: Future Land Use Map Zoning Map Aerial photograph Parking Exhibit Memo from Steve Dobbs to Bill Brisson, 11/29/2011 5 Staff Report Rezoning Request Applicant's Name.- Okeechobee Church of God Petition No. 11-002-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS T H i R E E L1 a t',l E, A TH .STREET N.E. RD STREET :D Z tiJ N. E, 2 NE) STREET COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE LU 6 Staff Report Applicant's Name: Okeechobee Church of God Rezoning Request Petition No. 99-002-R ZONING UNWORPORFTED CAD • MAM RWINESS DISTRICT r. ::'M'• - HEAVY GCVPAER0AL rLT • LIGHT COMMERCIAL CFO.:;OMM PROFESSIONAL OFFICE H- HOLDIN+> INO • INDUSTRIAL PLIR-PUBLIC F,,QOTiE• FVJD-WY.E;I FUD R RMF - RERIDENTML MULTI FAMILY WAH- RESIDEF,'TIAL WOILE HOME RAFT RESDENTIFL W*LE FAMILY W...•.F2 - RESUNTIAA. SINGLE FAMILY0) Lj w r Z EXISTING ZONING SUBJECT SITE AND ENVIRONS N.E. 5TH STREE T .E -H STREET 121 t...: 11 14€ E. 3 RD STREET F 2 NE) STREET D Z w G 111 SUBJECT PROPERTY 119 7, tiL•ruhy; I'ItnkLl I,ilr,t! I;IIr��rrnr,rnt•• ftilnLv Iln;� Staff Report Applicant's Name.- Okeechobee Church of God Rezoning Request Petition No. 11-002-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS .0 jmmqwt-;Ab —C Tr 1A 17 "JuMINMOLV13k "law Jp 7�7 17 s. 14E 'MW ML -A, 14. -W t t.l+ f, I't Staff Report Applicant's Name: Okeechobee Church of God Rezoning Request Petition No. 11-002-R OKEECHOBEE CHURCH OF GOD PARKING EXHIBIT 9 y��•IIiti;; 111 1,.L, I. " 31 tS;rcvnU+taMa Nip), I. Ira Staff Report Rezoning Request Applicant's Name. Okeechobee Church of God Petition No. 11-002-R To: Bill Brisson From: Stet en L. Dobbs Uate: November 29, ?Ohl Subject: Additional information needed for Clnuch of (rod application 11-003-SE Im Please trod my response. io your questions ni italics along ~with the attached ezliibit. These should an.-,ver your questions. 1. Describe the location where the Cafe will operate: nothing in the application tells me this. Tie C7f , will be in the lu)rthwes7 end gfthe bllildilr?,' hl some remodeled ckusroolas as .,doll-)? oil the ati(rCllcd exhibit, How main} seats are proposed? _ j)PlY)-Yiutiltelr 1 ?seats arePi'oposerl for o7e 0(fii. �. 'V\Iiat is the square footage of the cafe'? We need this to detenniue what parkin,, is required tuider the code for the cafe. .lPpro.I'ilriritelr 3'0sfi.serer.5idefo7-theCafe)rich117 5.cfforacart (-/1)rl145 cfcrsaworlirq cnea 4 Ny'liat is the seating capacity- of the etistuis chtuch upon which its parkins requuen.euts are based? The c7mrch currenth has o1gn-oximelleli - 0pct ed part rt; spoces alld of pro.rirrrcitCh- 5 �70es rn crilrrbie ji�r rmpmrcl parhilr , fbr the app7'o.Yirru7teh''00 mariloble seats ill the salicillan.. tiro, there are no collawrew T lleell7 i,�' ill 171e.s.elR1[711all- Clrld the cla5srooln's the'sallallfil.1-parkhk',- l'equir•em ew is the rrlthilate rer1rlire11eut. How imauy parking .paces are now provided on site. pa.ticularly how nia..y ,ire striped ill the concrete parking lot and the asphalt area to the north? Plere are approximateh l J pin ed pcn hirrg s uu'es m •ailnble. 6. As,umiaig the Church wishes to use the provision in Sec. 90-481(6) to allow- the cafe to count the church. parking to meet the parking requirement for the cafe. Please give the specific days and hours the cafe will be open tint] the specific days and hotu•s the church operations would be t.sing the parkuig areas, This iuforination will pro-•ide the basis for a stipulation allowing the ('Much parking to be cola .ted towards the cafe parking. requirement. The infoln.ation provided on page S of the Special Exception applications is a little too sketcl.v to allow us to matte ,rich a detenuivati.on. The chiin h has , ror. llip servh ('.s on 1T ie(Inesldo,V nt , 00 pill aut7 S)axlat � of 10- 00 ant (old 6, lift par. 77w C'ql will he rrsc>('1 �:00lltlr rnitil 0Op�l dli))rrlar thrlt Satln-doll, ercepi i1-ahlesck1l, the O."'fc3 frill olilrbe opc°rl lnttil 001? r to lioi roliflici with the i1 Idlics(kil. rri�=ht serl7cc. Heise do not lie,itate to call ti6 fi-24-7(i-1 ! ��ith anv tiddifional questiinis. Steven L Dc,bl 10 EXHIBIT 4 JAI 3, 2012 ORDINANCE NO. 10191 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: 1. 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. 2 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 rd 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 Manager 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 rol 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 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 , 20 ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY CITY OF , FLORIDA MAYOR -COMMISSIONER E UNCONDITIONAL ACCEPTANCE BY COMPANY 1, 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 in Name: Title: Subscribed and sworn to before me this day of Notary Public in and for the State of Florida My commission expires Received on behalf of the City this day of , 20_ Name: Title: 20 10 CITY OF OKEECHOBEE GRIEVANCE COMMITTEE BALLOT VOTE FOR ONE AND RETURN TO THE CLERKS OFFICE ❑ Kim Barnes ❑ Patty Burnette a Nathan Pippin ❑ Robin Brock ❑ India Riedel ❑ Melisa Jahner DECEMBER 1b, 2011 - Planning boars/board of Aa)ustment and Appeals - rage i or 4 AGENDA V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. A. 6. Consider motion and vote continued. VI. OPEN PUBLIC HEARING - Chairperson. QUASI-JUDICIAL A. Petition No. 11-003-SE submitted by Steven Dobbs on behalf of property owner Okeechobee Church of God, for property located at 301 Northeast 41h Avenue to allow a cafe within a Light Commercial Zoning district. (Ref. Sec. 90-253 (1)) - 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. ACTION - DISCUSSION - VOTE HOOVER -YEA BURROUGHS -YEA BRASS -ABSENT KELLER- YEA LUVIANO- ABSENT MCCOY-YEA BAUGHMAN - YEA MORGAN - YEA MOTION CARRIED. Chairperson Hoover opened the Public Hearing at 6:11 p.m. Petition No. 11-003-SE submitted by Steven Dobbs on behalf of property owner Okeechobee Church of God, for property located at 301 Northeast 4" Avenue to allow a cafe within a Light Commercial Zoning district. (Ref. Sec. 90-253 0)). Mr. Brisson presented the Planning Staff Report of approval stating this was the same property that was just discussed and the rezoning was recommended for approval to Commercial Professional Office. The Church wishes to use the parking on the north side of the street for the proposed cafe. They currently have 40 parking spaces and the cafe would require 9 spaces. Approval is recommended with two stipulations. There will be no overlay in the hours the cafe is open with those that the sanctuary and classrooms are being used or with any other church function. The other being that the City Council approve the parking arrangement as proposed per Sec. 90.483 (1)b. Steven Dobbs, designee for the Property Owner, Okeechobee Church of God, was present for questions from the Planning Board along with Reverend Smith. Chairperson Hoover opened the floor for public comments at 6:30 p.m. There were none. Chairperson Hoover closed the Public Hearing at 6:30 p.m. The floor was opened for Board discussion, there was none. DECEMBER 15, 2011 - PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF 4 II AGENDA III ACTION - DISCUSSION - VOTE II VI. OPEN PUBLIC HEARING CONTINUED. A. 6. Consider motion and vote. Member Burroughs moved to approve Application No. 11-003-SE submitted by Steven Dobbs on behalf of property owner Okeechobee Church of God, for property located at 301 Northeast 4'" Avenue, to allow a cafe within a Commercial Professional Office (CPO) Zoning district with the stipulations that there will be no overlay in the hours the cafe is open with those that the sanctuary and classrooms are being used or with any other church function and that the City Council approve the parking arrangement as proposed per Sec. 90-483 (1)b; seconded by Member Baughman. HOOVER -YEA BURROUGHS -YEA BRASS - ABSENT KELLER- YEA LUVIANO- ABSENT MCCOY-YEA BAUGHMAN-YEA MORGAN-YEA MOTION CARRIED. VII. CLOSE PUBLIC HEARING - Chairperson. Chairperson Hoover closed the Public Hearing at 6:32 p.m. VIII. NEW BUSINESS - Chairperson. A. Consider any additional requests for amendments to the City's Land There were no requests for amendments to the Land Development Regulations. Development Regulations - Chairperson. IX. ADJOURNMENT - Chairperson. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:32 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. ATTEST: Dawn T. Hoover, Chairperson Patty M. Burnette, Secretary Staff Report Applicant's Name: Okeechobee Church of God Special Exception Request Petition No. 11-003-SE FUTURE LAND USE SUBJECT SITE AND ENVIRONS N,E. 5 -1 H STREET N.E. 3 TE STREET 11.D S7,REET L Z_ 1 x _LU z 114 N.E 'I'D TREE-. COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY - COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE %-Iw 'ti[�n, ilr �. f-Ilq i�.i .� l.nt 3t t;,s Vsl'I'!II!r,411S ,'ilq�.r Staff Report Applicant's Name: Okeechobee Church of God Special Exception Request Petition No. 11-003-SE ZONING ,moo COrdPRHU61NEt;3Dt8TRtrT CW - HEMTI:0M ..RCIAL CLT - LIGHT CONVAERGIAL [AU- CA) MW PR 0 Fe3 51 IWA I n F Ff(,E H - HCADIN3 NO WWRTRIAL P11F FIMM F-VALMEn; FhJC--;ALXED poll-R RAF - RESIDENTIAL MULTI WXY M-11- RESIEENTIAL MCGLE HOME FSFI - RMCIENTA 001GLE FAMILY K8Fl- R&SIDENTIAt SWAE FMAIL', ZONING SUBJECT SITE AND ENVIRONS F,,TH STREE-1 —H STF--.*.EET .1, E. 121 120 SUBJECT Pop ROPERTY ,N-E. 3RD S17REET 3 2 1 8 5 4 3 z Li 142 > Cf 13 9 10 11 12- I 1, a 9 to 11 12 LLj 7 15 5 4 3 2 112 7 8 9 10 " 12 119 1 ; 1 Uj Uj 144' w Staff Report Applicant's Name.- Okeechobee Church of God Special Exception Request Petition No. 11-003-SE Aerial Photograph raw ML AIIL- Am 4ft,,At Ak- 417L'-, Staff Report Applicant's Name: Okeechobee Church of God Special Exception Request Petition No. 11-003-SE Parking Exhibit tirr in•�, tlu�i�.L I �ia� ia�r�-ru n;,. tit � wii.nv 1�7 �;`; Staff Report Applicant's Name: Okeechobee Church of God Special Exception Request Petition No. 11-003-SE To: Bill v? i:::�t, Froin: Steven L. DA)1>s Bate: N o v erril aer 29 20 11 Sitl:Iject: additional imforniation needed fc,r Church of Ood am)lication 11-ti_7O3-SE B ill. Please find rrnv response:, to otir gtaesticYrn.; in italics alonsr with the attached eadiibit. These should miss et � oue question,. Describe the location sylhere the Cate Avill c)perate. nothiri,_P ill the application tells ine this. Tic f q'fi` bt;11 bc TB77"he t.(?"117DS'd'Slold Uf 'he Ill fi hlr g717.50111e'remodelecIE'i(1SS7'[tUl17.S CI5 shown O71 the _ How iiirarn 'sezit:s ::ire pi,p<,Secl: _�1)�27rrta77.7:7tt ti� � .5 s�h'ts P r z Irr4 r1)vs�r, ibr fr e (s,tf�'. 1A1iat i,- tine -k1i ye f6olm-e of the c:af( ` i'i-e �aeed JAI, -o cletennniib Mont parking is segafired under the code for the c.lfe. _ pprcPar 7z(7teh- , ,li.sf is set asidefor file C'f-w aridt 1-5 yflbrsccffc uild 145 .suns I'll W01-kill,-are"I ),aaIlat is the seatitl T capacitv of the ewl5ti nil chruclr capon "i'lieh its parl._in'f requirements are ba ed'' TJBC1J7Z7"C".if t"lt�e-7t,'a 17tt�ti�i't1i ZJ17:77:rf'%;'-�1f�7¢'G1'f;Cr pJ(17�9';�S1h%Fc:S C1rJ11?e'fi?1JIYTYlT1C[liE: 15 �Ui i'�3 CJ1-t'7�t"l�/P.fUT fe)7-111C a?1proxi77fewell 1,00 7a'ft'71tIt7P _ E'ors 1T7 iifF' SCfl P('Uf(li7; ShIce the.7'0 are 110 e'071007'Q r71 i7)t't'7771ti Ff? t�78 .St7r7("t7fCJ71' P737d {iJP { Px75 7'O{ vvl File wilawni pal Any g re(111ii"i'1r;ei)f i. [lie I71t7ware t i'(111lPPflIPIYt. 5 . Hobs- imam- parking spaces are iii-m- pras idea:# ou :;lie. particularly how mans_ <!re striped -1 the concrete pmkinIg list and the astilaalt safea n0 the ncntlr'' TJe. e . 0. Assuriiin+� th,2 Church wishes to use the provision ill Sec, 90-482(6) to allow the cafe To count the Chill eIl paarkin2 to meet the parLn« regttirenient foi the cafe. please give the specific dwvs and hours the cafe I ill biz opeli arul the specific iilvs aiva hoiuls the Cxirelr operaticrris -wottid lie using. the parlmicy areas. This irifolli atioll will pro-,-ide the ba'lis for a snpulatioll :allote-in« the (_`Burch park ni_ to be counted tola-arcis the cafe parking regtaireimeiit. The inforxrtatiun prof ided i,n page S of the S'pecial E:�ceptioii Application is a little T,c, kelell% To atlas ,is. to rm:ake siieh .a detemiin;atic,n_ Tj?c (')N:; ch Ateivo➢Ship S'i'll7i`€-'.i oq" ff cd c5"'61' (71 ' 1019.?H 10.-00 an, iw(+ %?'00pw. T7tr Cal"' )i7?7fI r1Jl" 7{}1)7liajON:i-1'+TI;.SfYTi17'i1l"!l',F,SC"C1JJTtl'f17/F4'1r1Y11171,`Cf1f!'217J1 Ui7tv1fP f.Jli'71 1;71fr;1 ('701Y;, rlr.7r' - n lri 7� T 7, t17r� 1T ('dnc' (1(n 4, 'ht .s , "ire. .' •l,, tint tr <<111 :;,5_ t?'1-J with ; at dd:iii .vii rl+t�- I>. EXHIBIT 6 Application for Funding Assistance JAN 3, 2011 Florida Department of Law Enforcement Justice Assistance Grant - Direct General Project Information Project Title: OKEECHOBEE CITY POLICE DEPARTMENT POLICE ELECTRONICS EQUIPMENT AQUISITION PROJECT-2011 Subgrant Recipient: City of Okeechobee Implementing Agency: Okeechobee City Police Department Project Start Date: 2/1/2012 End Date: 6/30/2012 Problem Identification Due to aging and obsolence our current computers used in our detective division are in need of replacement. Also there are currently no spare computers available for use if and when a detective division computer breaks down and is in need of reapair and replacement. It is the desire of our administration to equip our detectives with new more up to date cumputers and a new video camera system that will enhance their investigative capabilities and enable them to better perform their assigned tasks. However due to lack of funding the necessary funds are not available. Grant funds are needed to solve this problem. Project Summary (Scope of Work) OKEECHOBEE CITY POLICE DEPARTMENT "POLICE ELECTRONICS EQUIPMENT AQUISITION PROJECT' ("PEEAP") The Okeechobee City Police Department "Police Electronics Equipment Aquisition Project" will, through the use of grant funds, enable our agency to purchase four (4) new computers, one (1) new monitor, and one (1) new video camera system for use by our detectives and investigative personnel. Application Ref # 2012-JAGD-1170 Section #2 Page 1 of 2 Contract -JAGD-OKEE- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Genera( Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law enforcement programs State Purpose Area: E - Equipment Supplies - Purchase Equipment/Supplies Activity Description Activity: Equipment and Supplies Target Group: Equipment and Supplies Geographic Area: Urban Location Type: Police Department Objectives and Measures Objective: 25.E - Amount of funds expended on equipment and/or supplies Measure: Part 1 Amount of funds to be expended to purchase equipment and/or supplies Goal: $3,235.00 Objective: 28.E - Percent of staff who reported a desired change in job performance or in program quality as a result of equipment or supplies purchased by JAG funds Measure: Part 4 Explain the anticipated impact on job performance during the grant period Goal: This new equipment will enable our detective and investigative personell to be better equipted to carry out their assigned tasks/responsibilities. This new equipment will also enhance our overall law enforcement capabilities in the office as well as in the field. Measure: Part 5 Number of staff who will directly benefit from equipment or supplies purchased by JAG funds Goal: 30 Measure: Part 6 Number of staff who will directly benefit from equipment or supplies purchased by JAG funds and who will report a desired change in their job performance Goal: 30 Application Ref # 2012-JAGD-1170 Section #3 Page 1 of 3 Contract -JAGD-OKEE- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) The Updates! m cnuk�e 1acV&4 from the City Administrator's Desk 55 SE 3' Av., Okeechobee, FL 34974 °t916° City Council meetingof Jan 3, 2012 Proposed VA parking issue — At the last meeting the VA presented the idea of remodeling the bldg at 210 NW 5th St for a medical facility. As you recall, 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. Again, on the Agenda is Michael Chapman, Chapman Construction, Lake Placid appearing on behalf of the developer, on behalf of the VA. I've spoken to the developer a few times and will hopefully have a report from the developer w/ VA input by the Council meeting date. At the Dec 6th meeting the City Council voted to postpone a motion to allow not less than 18 pkg spaces there. Actually there are 20 existing spaces including handicapped, but there was a proposal put forth to perhaps remove a cpl of spaces to allow for a circular drive. Florida Public Utilities Franchise Ord #1081 (1St Rdg) — Berry Kennedy, FPU Director of Gas Operations, appeared at the last meeting and presented a sample ordinance for a 30-year franchise for construction and operation of a natural gas distribution facility. Again, the only clarification 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." Proposed park at SE 61h Ay and SE 71h Street — At the December meeting I was instructed to prepare a new rendition of the site plan and forward same to the appointed Committee for review and finally forward the map and the committee's comments back to you. The new site plan (another copy attached) has been made available to the Committee and Melissa is trying to schedule a meeting w/ the Comm. Note: the new site plan doesn't have a splash park and there is room for additional chickees. (Comm members incl_ Daryl Roehm, Steve Nelson, Jamie Gamiotea, James Causier, Pat Mullins, Toni Doyle, John Creasman, Phil Baughman and Frank DeCarlo) Carter Pritchett Advertising v. City billboard issue — Atty Cook has conversed w/ Atty Steve Ramunni but I have nothing new to report. Page 1 113112 Activity Rpt Cont d — • Chamber building and new lease — 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. Atty Cook developed a draft lease and it has been sent to the chamber for review. • CDBG for housing repair grant — Nancy Phillips reviewed 14 applications reed 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: • 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. General Services: • Bill Brisson will not be at the Council meeting. • Ord #1078 -Zoning change (2"d Rdq) — for 204 SE 7th Street from SF residential to Multi-Fam residential is on the Agenda. • Ord #1079 — on the Agenda, addresses a host of LDR updates...pls note that this is the 1st reading of the ordinance. Apparently, there was an advertising mix-up ... no big deal, we'll simply have the 1st rdg again. • Ord #1080(1st Rdq) — On the Agenda is the Church of God, 301 NE 4th Av, zoning change from SF residential to Light Commercial to accommodate a cafe. • Parking issue on Church cafe — You'll find that the Special Exception granted by the Dec 15th Board of Adjustments on the Church cafe stipulates that the City Council grants approval of the parking arrangement and the matter has been placed on the Agenda. While Mr. Brisson won't be present, Steve Dobbs will represent the applicant. Police: • Grant application — The Council needs to approve a grant application as expressed on Exhibit 5 to the Agenda for a new video camera system along w/ computers. Page 2 113112 Activity Rpt Cont'd — SLERS radio - The Depts have been working on the installations. 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: • City Engineer - continuing to work on a new job description. • SW 21 Storm Storm sewer project funding - l 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 project - we have some areas that appear to be coming together that may necessitate a smaller asphalt project this year. Will keep you advised. • Sidewalk program 2012 - We have begun developing next year's project if you have input on the matter pls advise. • SW 11«' 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-Wand replaced with a dry retention area. Page 3 L • i � w ' O��o� o� 213.44' I JOIRIVEWAY 5895731E -- LOSE I 15' T O 20' LAN D S C D B_LI F F E R _E \ XISTING TREE uW9 Q�'_. _ I L - - _ _ _ _ . ETLY EMULCHED ILz�7 j a IFUEEN EASEMENT I C CONCRETE TO BE REMOVED; i TRAIL \ OVERFLOW PARKH, I UNPAVED I 1 "CHICKEr PICNIC TABLES � I � tryhCy I I \ EXISTING tREE LINE VB % 32 RCP . I OPEN PLAY FIELD \1 10-12' SLOPE (6 TO i) t WITH 3- 4' RIPRAP / PARK ENTRANCE I 54" WIDE I — - MULCHED, TRAIL UU ' O w I i � U MH i-� d- w I - w I V) LS Ln 7 CD (n i 2 i ui Ln I C) ❑ LJCL d u ~ I � I PALpN Z 1 l o Lu Q J oI , II I 1 l UTILITY EAS MENT I I I I, 10-12' SLOPE (6 TO 1). WITH 3- 4' RIPRAP w PLAYGROUND m 3 TO 4 FEATURES 54" WIDE / MULCHED/ Dig PICNIC TABLES w � I \ OPEN PLAY FIELD i < ` v N POWER POLE PICNIC TABLES VERIFY LOCATIO�t- ` G] FISHING C-0CK _ 5026 14821' 89 19 1 E - --- N 89 19 15 E 10-12' SLOPE (6 TO 1) WITH 3- 4' RIPRAP