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0961 #06-012-SSA Altobello ORDINANCE NO. 961 1110 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI-FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 06-012-SSA), submitted by property owner Frank Altobello,Trustee,for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board at a duly advertised meeting held on October 19, 2006, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s)complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 9.89 unplatted acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06-012-SSA, from Single Family to Multi-Family. • The Legal Description of Subject Property is as follows: Page 1 of 3 An unplatted parcel of land,shown as the railroad grounds, lying within the plat of the City of Okeechobee, as recorded in Plat 5 Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as followed: Commence a the southwest corner of that parcel of land described in OR Book 452 Page 1439, Public Records of Okeechobee County, Florida and bear S 89°53'11" W along the north right-of-way line of SW 6th Street, to the intersection with the east line of Block 202, City of Okeechobee, a distance of 1010.82 feet; Thence bear N 00°04'58" W, along the east line of Block 202, a distance of 547.44 feet to the point of beginning; Thence continue N 00°04'58", a distance of 547.44 feet to the northeast corner of Lot 3, Block 202, City of Okeechobee; Thence bear N 89°54'50" E to the Southeast corner of that parcel of land described in OR Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of 704.88 feet; Thence bear N 00°04'58" W, a distance of 398.57 feet to the intersection with a curve in the southerly right-of-way of Southwest 2"d Avenue; said curve concaving to the northwest, having a radius pf 402.71 feet, a delta angle on 11°11'52" and a long chord bearing N 62°53'33" E, a distance of 78.58 feet; Thence along arc of said curve a distance of 78.71 feet; Thence bear S 00°04'58" E, a distance of 534.67 feet; Thence bear S 89°54'50" W, a distance of 49.69 feet; Thence bear S 00°06'02" E, a distance of 447.26 feet to the point of beginning. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 961 shall be thirty-one (31) days after the adoption of this ordinance. Page 2 of 3 INTRODUCED for first reading and public hearing on the 7th day of November, 2006. • __ /.., ,<' ‘- Ja es E. Kirk, Mayor ATTEST: Lane Gamiotel, CMC, City Clerk ADOPTED after first reading on the 7th day of November, 2006. 2 . 77 James E. Kirk, Mayor ATTEST: v A _ . �'/,/7_ � ' — •i6;/ Lane Gamiotea, MC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: r. John R. woo , ity Attorney III Page 3 of 3 MEMORANDUM TO: Attorney Cook Gen.Serv. Coord. Burnette pee itaojq -x/75 FILE COPY tock Fut +0 m ' .Po.m ;u6, Ord 4(l woaQ�� DATE: July 12, 2019 id -0(J t1 4 rem blj (CA-. 44)(P-00ssfl. Drp.#ct1os u `l -Rem i FROM: City Clerk Gamiotea ^ SUBJECT: Are the Zoning & FLU Maps correct• On unplatted 9.89± ac ID#2-21-3735- 0A00-00006-D000 between SW 2nd & 6th Street, Owner: Altobello Subject property is noted above, and shown on the map attached. History: • Comp Plan Future Land Use Map Amendment Application #06 -012 -SSA submitted on 4/24/2006 by property owner, Frank Altobello, to reclassify 9.89 acres from Single -Family Residential (SF) to Multi -Family Residential (MF). • Rezoning Petition #06-010-R submitted 4/24/2006 by property owner, Frank Altobello, to rezone 9.89 acres from Holding (H) to Residential Multiple Family (RMF). ➢ 5/16/2006 Planning Staff Report for #06 -012 -SSA recommends denial; and Planning Staff Report for #06-010-R recommends denial. ➢ 5/23/2006 Land Planning Agency (LPA) Hearing on #06 -012 -SSA, defers action to 6/27/2006, so applicant can confer with Planning Staff to consider a Planned Unit Development (PUD), LPA Min BK 1/PGS 248-249 o Discussion that the contiguous 9.9 acres to the East was recently changed from SF to MF (Ord #891, 4/5/2005), applicant will be selling that property and this subject project for a large multi -family development. ➢ 5/23/2006 Planning Board (PB) Hearing on #06-010-R, doesn't take any action since applicant requested #06 -012 -SSA be tabled until 6/27/2006, PB Min BK PGS 72. ➢ 6/27/2006 subject was not provided on the PB agenda. ➢ 10/11/2006 Revised Planning Staff Report for #06 -012 -SSA recommends denial; and Revised Planning Staff Report for #06-010-R recommends to deny RMF, but if #06 -012 -SSA approved, recommends rezoning to PUD. ➢ 10/19/2006 PB (as LPA) Hearing voted unanimously to recommend the City Council adopt #06 -012 -SSA, LPA Min BK PGS 120-123; and PB voted unanimously to recommend the City Council adopt #06-010-R as PUD not RMF, PB Min BK PGS 123-125. Page 1 of 3 ➢ 11/7/2006 City Council Public Hearing voted to adopt Ord #961/#06 -012 -SSA. Planner concluded the application could be allowed, if applicant changed #06-010-R to PUD instead of RMF, CC Min Bk 17/PGS 655-657. o The effective date of Ord #961/#06 -012 -SSA is 31 days after adoption provided no objections are filed with the State Department of Community Affairs (DCA)/Department of Administrative Hearings (DOAH). ➢ 11/7/2006 City Council, approves the first reading & set the final public hearing for Ord #963/#06-010-R, now H to PUD; final public hearing was postponed from 12/5/2006 to 2/6/2007 to give the Technical Review Committee (TRC) time to approve the site plan for the PUD project (includes this subject property & the 9.9 acres to the East), CC Min BK 17/PGS 658-661. ➢ 12/7/2006 Petition for Formal Administrative Hearing filed by Keith Walpole & Julian Huggins. Request DOAH order that DCA determine City's Plan Amendment (#06 -012 -SSA) is not in compliance and not become effective. Issued as Case 06-5020GM. ➢ 12/26/2006 Royal Professional Builders, Inc. added to Case 06-5020GM as Intervenor, purchased property from Altobello on 11/30/2006. ➢ 1/16/2007 City Council rescinds action taken on 11/7/2006, Ord #963/#06-010-R to postpone final hearing from 12/5/2006 to 2/6/2007 to be after the TRC approves the site plan. ➢ 3/12/2007 Case 06-5020GM Mediation Conference (held @Okeechobee County Court House) parties reached an impasse as to a global resolution, mediation conference was terminated. [NEED COPY OF WHAT HAPPENED/DISCUSSED AT THIS EVENT - John do you have a copy or any files on this?]. 911510 NA- Lug. n Ltu io1::i- c n + ()abut, , r Lre , eti'(t ci/( eaSt_ st&tL d. #e dc'e r 4- nam am -3 (124 Co 44 -LW f ➢ 3/22/2007 Case 06-5020GM Granted a Joint Motion to Continue Hearing filed on 3/20/2007 "to afford parties time to negotiate a settlement based upon a process outlined at medication [?- thought it was an impasse]. Also reads "participated in formal...parties agreed to a course of action which if carried out would result in dismissal of petition" [?]; and City Council to consider adopting PUD regulations. ➢ 6/15/2007 Case 06-5020GM Unilateral Status Report, City has not yet adopted the PUD regulations. ➢ 8/15/2007 Case 06-5020GM Status Report, City has adopted PUD regulations (Ord #989, 7/3/2007), Royal Professional Builders hasn't submitted a PUD plan for TRC to review. ➢ 10/2/2007 City Council holds a Closed Executive Session, CC Min BK 18/PGS 1-2, to discuss rescinding the 11/7/2006 motion to adopt Ord #961/#06 -012 -SSA, submitted by Frank Altobello (no action was taken after the executive session was adjourned). ➢ 10/23/2007 Case 06-5020GM Status Report, City has adopted PUD regulations, Royal Professional Builders hasn't submitted a PUD plan for TRC to review; Walpole/Huggins anticipate dismissing petition as a good faith showing of their willingness to collaboratively plan the PUD. Page 2 of 3 D 12/19/2007 Case 06-5020GM Stipulation of Dismissal, agreed by all parties: Royal Professional Builders agrees to withdraw rezoning petition (Ord #963/#06-010-R) and that the only zoning petition it will submit shall be either for development as a SF or PUD; petitioners agree to dismiss their petition. D 1/3/2008 File Ordered Closed. My Questions: ` J 1. Is Ord #961/#06 -012 -SSA adopted? 1 �'t e&C 11616 The final decision approved by DOAH didn't address the comp plan amendment (#06 -012 - SSA) even though the original petition requested "it be found not in compliance and not adopted." I cannot find where the City Council_e rescinded action on it If it is adopted, then we need t have the FLU map updated to show the 9.89 ac is actually MF?not SF. 2. I believe it's clear that Ord #963/#06-010-R was never adopted, and the zoning should in fact be H, but want to confirm that with legal counsel. (10kr C i Lo/ '7/i6// Thank you for your attention to this and assistance. General Services has a pending Future Land Use Map Amendment Application and Rezoning Petition pending until these questions can be answered. Page 3 of 3 1:it,.., - +� : . �� .:. sz : 4c r: '>'=;:`•.'i':<' 1 Okeechobee County Property Appraiser MC. "Bill" Sherman, CFA - Okeechobee. Florida - 863-763-4422 1 i i I 0 110 220 330 ft PARCEL: - - - NON AG ACR (009900) THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF THE NORTH RIGHT-OF-WAY OF Name: ALTOBELLO FRANK TRUSTEE LandVal $458,940.00 Site: 0 SW 2ND ST, Okeechobee BldgVal $0.00 Mail: BOX 417 ApprVal $458,940.00 OKEECHOBEE, FL 349730417 JustVal $458,940.00 Sales 4/16/2003 $0.00 V / U Assd $458,940.00 Info 4/16/2003 $0.00 V / U Exmpt $0.00 Taxable $458,940.00 This information, Last Updated: 4/10/2006, was derived from data which was compiled by the Okeechobee County Property Appraisers Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value_ No warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. hap://www.okeechobeepa.com/GIS/Print Map.asp?pjboiibchhjbnligcafceelbjemnolkjkaibfepfga_._ 4/20/21 Okeechobee County Property Appraiser Mickey L. Bandi Parcel: « 2-21 -37-35-0A00-00006-0000 Owner & Property Info Owner ALTOBELLO FRANK CHARITABLE REMAINDER TRUST III, ETAL. C/O FRANK IRBY PERSONAL REP 1385 SE 23RD STREET OKEECHOBEE, FL 34974 Site SW 2ND ST, OKEECHOBEE Description* AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, ...more»> Area 9.89 AC S/T/R 21-37-35 Use Code** IMP PASTUR (006180) Tax District 50 *The Description above is not to be used as the Legal Description for this parcel a Dept. of Revenue code. Please contact Okeechobee County at 863-763-5548 for zoning info. in any legal transaction. **The Use Code is Planning & Development U Property & Assessment Values 2017 Certified Values 2018 Certified Values Mkt Land (o) $0 Mkt Land (o) $0 Ag Land (1) $2,205 Ag Land (1) $2,324 Building (o) $0 Building (0) $0 XFOB (o) $0 XFOB (o) $0 Just $148,350 Just $148,350 Class $2,205 Class $2,324 Appraised $2,205 Appraised $2,324 SOH Cap [?] $0 SOH Cap [?] WD $0 $2,324 Assessed $2,205 Assessed county:$2,324 other:$2,324 school:$2,324 Exempt $0 Exempt $0 city:$2,324 Total Taxable county:$2,205 city:$2,205 Total other:$2,205 Taxable school:$2,205 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. 2018 Certified Values updated: 7/4/2019 Aerial Viewer Pictometery Google Maps 2017 2015 2014 Sales al :: L• * 5.1"e+C _ 70', r*+. A = 4 „pip S 'a.r _-' SWIa1112K iT-..?��< i�fci BM 10 is�3'sram-INtor 3RD V3RD SOfkj-44 T. -. - r- "ft V STH ST sik, • r;. w -,1a.... t i-,s,.,ryp�,g !k : •SW.8TH S SI sW,9TH ST .. •"`` a+ Ilt. s /3 UTH'ST 4 a : SW 10THfST ;f. i - . I 1 �, al �' rlilll (� ,r•t r atit !! ► 1.11 Iii+' --. !! A,i !0 .5i4w 11TlIST--•�•r r�r"v° • ,l Nr Sales History Sale Date Sale Price Book/Page Deed V/I Quality (Codes) RCode 11/17/2009 $100 679/1002 QC V U 11 11/4/2009 $100 679/1952 QC V U 11 11/22/2006 $840,700 617/0635 WD V U 03 4/16/2003 $0 500/0754 WD V U 03 4/16/2003 $0 500/0751 WD V U 03 1' Building Characteristics Bldg Sketch Bldg Item Bldg Desc* Year Blt NONE Base SF Actual SF Bldg Value Extra Features & Out Buildings (Codes) I I ( I Lane Gamiotea ?C/E-2-1 J 5 From: Sent: To: Cc: Subject: Patty Burnette Friday, June 28, 2019 1:57 PM Lane Gamiotea Bobbie Jenkins Frank Altobello property Sli 0-611kk( WAheik utru motif +0 Coe --17 /6r The piece of property I was speaking to you about is 9.89 acres, located between SW 2nd and 6th Streets with the Parcel Id of 2 -21 -3735 -0A00 -00006-D000. The Comp Plan FLUM Amendment Application I was researching is 06 -012 -SSA to change the FLU from SF to MF. Ordinance 961 was approved by the City Council to change this to MF on November 7, 2006. Hopefully I have the same piece of property that is now being considered for a proposed housing development and they are getting ready to submitted for a FLUM change and rezoning. They are asking me if there were any past approvals or applications for the property. Since the FLUM still reflects SF I was wondering if you knew why this was? There was a Rezoning Petition(06-010-R) that was submitted at the same time but it appears from the October 19, 2006 Planning Board Meeting that it was removed. Thank you for your help. a' 43A9t— Ma ps 6hczo FSU.: 67r eezati Pafy M. 8LA-r genera/Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, EL 34974 Leh 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e main y6urnette@cityofokeechobee.com -website: -www.cityofokeecho6ee.com NOTICE: Florida has a very broad public records law. OS -ld ro012.550/('rdgly( mF Ps: to -Iii -off �. I►-`�-off woo -0 Ole oi0- R /got #G'63 14 Fp X111F PE.: I O- is o t° e -o +: iVO(o C0_- Zit Z -20. ( As a result, any written communication crea'fed or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are 1 i public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 2 Bobbie Jenkins PRQ #0?c 19- F15 From: Patty Burnette Sent: Monday, July 08, 2019 8:14 AM To: Lane Gamiotea Cc: Bobbie Jenkins Subject: FW: Frank Altobello property Good Morning Ms. Lane. Was just checking to see whether you had a chance to look at this one yet? Thank you. Pam M. 13wrfAeft, Cj. eneraf Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, 'FL 34974 TeL 863-763-3372 Direct: 863-763-982o 'Fax: 863-763-1686 e mail y6urnette@cityofokeecho6ee.com -website: www.cityofokeechotee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Patty Burnette Sent: Friday, June 28, 2019 1:57 PM To: Lane Gamiotea Cc: Bobbie Jenkins(bjenkinscityofokeechobee.com) Subject: Frank Altobello property The piece of property I was speaking to you about is 9.89 acres, located between SW 2nd and 6th Streets with the Parcel Id of 2 -21 -3735 -0A00 -00006-D000. The Comp Plan FLUM Amendment Application I was 1 researching is 06 -012 -SSA to change the FLU from SF to MF. Ordinance 961 was approved by the City Council to change this to MF on November 7, 2006. Hopefully I have the same piece of property that is now being considered for a proposed housing development and they are getting ready to submitted for a FLUM change and rezoning. They are asking me if there were any past approvals or applications for the property. Since the FLUM still reflects SF I was wondering if you knew why this was? There was a Rezoning Petition(06-010-R) that was submitted at the same time but it appears from the October 19, 2006 Planning Board Meeting that it was removed. Thank you for your help. Patty M. 6 -me- te, genera/Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, 'FL 34974 'fel? 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e -mad: yburnette@cityofokeechobee.com -website: www.cityofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 2 Okeechobee County Property Appraiser Mickey L. Bari& Parcel: « 2-21-37-35-0A00-00006-0000 ») Owner & Property Info ALTOBELLO FRANK CHARITABLE REMAINDER TRUST III, ETAL. Owner C/O FRANK IRBY PERSONAL REP 1385 SE 23RD STREET OKEECHOBEE, FL 34974 Site SW 2ND ST, OKEECHOBEE AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS Description* RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, ...more»> Area 9.894AC /T/R 21-37-35 S Use Code** GIMP PASTUR (006180) Tax District 50 *The Description above is not to be used as the Legal Description for this parcel in any legal transaction. **The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. Property & Assessment Values 2017 Certified Values 2018 Certified $0 Mkt Land (o) Values_ $0 $2,324 Mkt Land (o) Ag Land (1) $2,205 Ag Land (1) Building (0) $0 Building (0) $0 XFOB (0) $0 XFOB (0) $0 Just $148,350 Just $148,350 Class $2,205 Class $2,324 Appraised $2,205 Appraised $2,324 SOH Cap [?] $0 SOH Cap [?] $0 Assessed $2,205 Assessed $2,324 Exempt $0 Exempt $0 $0 county:$2,205 county:$2,324 Total city:$2,205 Total city:$2,324 Taxable other:$2,205 Taxable other:$2,324 WD school:$2,205 school:$2,324 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes, 'V Sales History Aerial Viewer Pictometery 2019 2018 2017 2018 Certified Values updated: 7/4/2019 Google Maps 2015 2014 imprf-sf.,-.1k , 4.,:!:,;2,,E7,'„. . 11 Y31{C15T aA s -x i 4. ,..i+ • li... klaillrj, 4.t)$41.,, ',..-,ie..›.-- ., ":461d:).--.47:*: :511c: 4717_, :_ 7 ll Cil _ 70 l � i -.. cn T" .. Sales ,.FriST t". ►' "SAN ,t1: oaaa °4 l< tn�. �eSW 3RD ST:` RD ST r itiarq._. 4TH ST A►- eery SW PARK SI —_ . _SW.i' :.��-.n s lir A _�.. e SW 3f • _0.1, = Ii•-ae swim .aL • •1 `a t, - --,,, 5TH aye•'D M1 4. M rel . :dll SW 87 H ST+``„i; -ti �: n. s dam: I>k:. ;1, est tf as ;.•.,ter a -•- - I 14M e""rr ... w " S.:al 110TH ST - 'i" - 'L .'1•!1% .L 4,, ,117H,ST r�.LL r� * � 5W_ 111 -' •t S I i".1 -41 °„,` "SW 8TH!ST,s r °' 0774 'r1T, SW,9TNST .s, 14.„^.77F.i dS, .. S10TH ST > - r I� F., ,r. mil last*ad VII 141j1 i ";,�• lam. Mil r, -i, c•„: w' 4.714n Sale Date Sale Price Book/Page Deed V/I Quality (Codes) RCode 11/17/2009 $100 679/1002 QC V U 11 11/4/2009 $100 679/1952 QC V U 11 11/22/2006 $840,700 617/0635 WD V U 03 4/16/2003 $0 500/0754 WD V U 03 4/16/2003 $0 500/0751 WD V U 03 • Building Characteristics Bldg Sketch Bldg Item 1 Bldg Desc* Year Blt I Base SF I Actual SF Bldg Value NONE `ir Extra Features & Out Buildings (Codes) T 7/12/2019 Home Contact Us Case Search Recent Decisions eALJ Electronic Filing Intercom List Judges Representing Yourself Statutes and Rules Agency Indexed Orders ALJ Services Agency Organization Reports . Agency Regulatory Plan Forms Downloads Video Hearings Public Records Request Job Opportunities OJCC Website 411 Details Docket Counsel Quick Search Orders Print Details Details for Case No: 06-005020GM Judge: J. LAWRENCE JOHNSTON Petitioner: vs Respondent: Date Filed: Date Assigned: Last Docket Entry: Location: District: Agency: Division: Status: KEITH WALPOLE AND JULIAN HUGGINS CITY OKEECHOBEE 12/11/2006 12/12/2006 1/3/2008 Okeechobee, Florida Southern Department of Community Affairs Small Scale Comprehensive Plan Amendment 06- U 12-SSA#9�1 #OtvOio 2.194,d4q63 Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 3, 2008. copY State of Florida • Division of Administrative Hearings • 1230 Apalachee Parkway • Tallahassee, Florida 32399-3060 • (850) 488-9675 `�C� Cam O5oO it 06- ota-sS 7/12/2019 Details Docket Counsel Orders 1- Print Counsel l Counsel of Record on Case No: 06-005020GM Home Contact Us Case Search Recent Decisions eALJ Electronic Filing Intercom List Judges Representing Yourself Statutes and Rules Agency Indexed Orders ALJ Services Agency Organization Reports KEITH WALPOLE AND JULIAN HUGGINS vs. CITY OKEECHOBEE Thomas J. Baird, Esquire Address of Record John R Cook, Esquire Address of Record John M. Jorgensen, Esquire Address of Record Elizabeth A. Maxwell, Esquire Address of Record Shaw P. Stiller, Esquire Address of Record Agency Regulatory Plan Forms Downloads Video Hearings Public Records Request Job Opportunities OJCC Website 411 State of Florida • Division of Administrative Hearings • 1230 Apalachee Parkway • Tallahassee, Florida 32399-3060 • (850) 488-9675 II 6 Details l Docket Counsel 1 Orders Print Docket -111- 7/12/2019 Quick Search Home Contact Us Case Search Recent Decisions eALJ Electronic Filing Intercom List Judges Representing Yourself Statutes and Rules Agency Indexed Orders ALJ Services Agency Organization Reports Agency Regulatory Plan Forms Downloads Video Hearings Public Records Request Job Opportunities OJCC Website Docket for Case No: 06-005020GM KEITH WALPOLE AND JULIAN HUGGINS vs. CITY OKEECHOBEE 411 frur 1-0 LAN& Onk u&4 v L /��t�.�t OA do whtocc&L4. 4- name. Select the PDF icon to view the document. QA, 04, • 50 ZD l� r ' 1`� i --r• 1/3/2008 Order Closing File. CASE CLOSED. 1 12/20/2007 Status Report filed. 12/20/2007 Stipulation filed. 12/20/2007 Stipulation of Dismissal filed. '3 11/27/2007 Order Continuing Case in Abeyance (parties to advise status by December 19, 2007). 41 11/19/2007 Status Report filed. 5' 10/24/2007 Order Continuing Case in Abeyance (parties to advise status by November 19, 2007). tp 10/23/2007 Status Report filed. 1 8/17/2007 Order Continuing Case in Abeyance (parties to advise status by October 19, 2007). e 8/15/2007 Status Report filed. 6/20/2007 Order Continuing Case in Abeyance (parties to advise status by August 20, 2007). J U 6/15/2007 Unilateral Status Report filed. 1 ( 3/22/2007 Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by June 19, 2007). 3/20/2007 Joint Motion to Continue Administrative Hearing filed. 1 3/19/2007 Report of Mediator filed. )" 1 2/16/2007 Notice of Mediation filed. 15 1/30/2007 Order of Pre -hearing Instructions. 1/30/2007 Notice of Hearing (hearing set for April 26 and 27, 2007; 9:00 a.m.; Okeechobee, FL). 1 12/26/2006 Reply filed. 16 12/26/2006 Order Granting Leave to Intervene (Royal Professional Builders, Inc.). 14 12/19/2006 Petitioners' Response to Initial Order filed. 20 12/19/2006 Motion to Intervene filed by Royal Professional Builders. 21 12/12/2006 Initial Order. a( a 12/11/2006 Petition for Formal Administrative Hearing filed. a3 12/11/2006 Agency referral filed. 1d of' Pao" (Y State of Florida • Division of Administrative Hearings • 1230 Apalachee Parkway • Tallahassee. Florida 32399-3060 • (850) 488-9675 Cop -f/u/tk 61,6cuxvtkml) 0.tka,eied STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE and JULIAN ) HUGGINS, ) Petitioners, ) vs. ) Case No. 06-5020GM CITY OKEECHOBEE, ) Respondent, ) and ) ROYAL PROFESSIONAL BUILDERS, ) INC., ) Intervenor. ) ORDER CLOSING FILE This cause having come before the undersigned on the Status Report, the Stipulation, and Stipulation of Dismissal, all filed on December 20, 2007, and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above -captioned matter is hereby closed. DONE AND ORDERED this 3rd day of January, 2008, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us 1 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of January, 2008. COPIES FURNISHED: Thomas J. Baird, Esquire Baird & Roselli 11891 U.S. Highway One, Suite 100 North Palm Beach, Florida 33408 Elizabeth A. Maxwell, Esquire Maxwell & Maxwell, P.A. 405 Northwest 3rd Street Okeechobee, Florida 34972-4128 John M. Jorgensen, Esquire Scott, Harris, Bryan, Barra & Jorgensen, P.A. 4400 PGA Boulevard, Suite 800 Palm Beach Gardens, Florida 33410 John R. Cook, Esquire City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 1 12119/2007 18:00 5616250610 TJ BAIRO Dec 19 2007 17:03 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE and JULIAN HUGGINS, Petitioners, vs. CITY OF OKEECHOBEE, Respondents, and ROYAL PROFESSIONAL BUILDERS, INC., Intervenor. CASE No. 06-5020GM PAGE 02165 STATUS REPORT Petitioners, KEITH WALPOLE and JULIAN HUGGINS ("Petitioners"), file this Status Report and state: 1. A Stipulation was circulated amongst the attorneys for the parties. 2. The Stipulation has been executed by counsel for each party and is attached hereto. WHEREFORE, the parties hereby requests that the Order, which is a part of the Stipulation, be entered by the Court and the case file closed_ I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by facsimile this f f fiday of December, 2007 to John Cook, Esquire, City Attorney, 805 S. W. Park Street, Okeechobee, FL 34974, John M. Jorgensen, Esquire, Counsel for Intervenor, Scott, Harris, Bryan, Barra & Jorgensen, P.A., 4400 PGA Boulevard, Suite 800, Palm Beach Gardens, FL 33410 and Elizabeth A. Maxwell, Esquire, Maxwell & Maxwell, 405 NW Third Street, Okeechobee, FL 34972. BAIRD & ROSELLI Attorney for Petitioners 11891 U.S. Highway One, Suite 100 North Palm Beach, FL 33408 Telephone; (501) 025-4400 Fax: (561) 624-0610 1 Thomas J. B1 . Florida Bar 1/47511 Karon E. Roselli, Esquire Florida Bar #473235 12/19/2007 18:00 5616250610 Dec 19 2007 17:03 TJ BAIR° PAGE 03/05 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE and JULIAN HUGGINS, Petitioners, VS. CITY OF OKEECHOBEE, Respondents, and ROYAL PROFESSIONAL BUILDERS, INC., Intervenor. CASE No. 06-50200M STIPULATION THE PARTIES by and through their undersigned attorneys, file their Stipulation of Dismissal and state: 1. The Intervenor, Royal Professional Builders agrees that it shall withdraw its application for rezoning previously submitted to the City of Okeechobee. 2. Intervenor agrees that the only zoning application for the subject property it will submit shall be either for development of the subject property as single family residential or as a PUD under the applicable City zoning regulations for same. 3. Petitioners agree that upon withdrawal of the rezoning application they shall dismiss their Petition. 4. All parties shall bear their respective costs end attorney fees. ROYAL PROFESSIONAL BUILDERS, INC., KEITH WALPOLE AND JULIAN HUGGINS By: JOHNGENSEN, ESQUIRE Florid ar No. 348112 Scor, Harris, Bryan, Barra & Jorgensen, P.A, 4400 PGA Boulevard, Suite 800 Palm Beach Gardens, FL 33410 CITY OF OKEECHOBEE Bv: JOHN COOK, ESQUIRE Florida Bar No. 262951 805 S.W. Parr Street Okeechobee, FL 34974 1 By: THOMAS J. BAI Florida Bar No. 511-'' Baird & Roselli 11891 US Highway One, Suite 100 North Palm Beach, FL 33408 Dec 19 2007 17:03 12/19/2007 18:00 5616250610 TJ BAIRO ear W, ,vv r 11 ..re., 1 nn vuo 1 ou 1 1 1 O hfnAflCLL b! 118AWtLL orf IIJtWVf 1@,4v rnr 40.7, 6:Yur[a AAnWiLL R /1,IAWELL STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE and JULIAN HUGGINS, Petitioners. vs. CITY OF OKEECHOBEE. Respondents, and ROYAL PROFESSIONAL BUILDERS, INC„ intervenor. CASE No, 0840200M PAGE 04105 I{9j UUP jUUu IBJ V V I f V V t STIPULATION CIF DISMISSAL TIME PARTIES by and through their undersigned attorneys, file their Stipulation of Dismissal and state: 1. The Interv,ariar, Royal Professional Builders agrees that it shall withdraw its applloatlon for rezoning previously submitted to the City of Okeechobee, and to file en application for 8 PUD for the subject property. 2_ Intervenor agrees that the Only zoning application for the subject property it will submit shall be either for development of the subject property a single family residential or as a PUD under ttio applicable City zoning regulations For same. 3_ Petitioners agree that upon withdraw of the rezoning application they will dismiss their petition. 4. All parties shall bear their respective costs ensi attorney fees. ROYAL PROFESSIONAL BUILDER$, By: JOHN M. JORGENSEN, ESQUIRE Florida Bar No. 348112 Scott, Harris, Bryan, Berra & Jorgensen, P.A. 4400 PGA Boulevard, Suite 800 Palm Beach Gardens. FL 33410 CITY OF OKEECHOBEE KEITH WALPOLE AND JULIAN HUGGINS By: THOMAS J. BAIRD, ESQUIRE Florida Bar No. 475114 Baird & Retaill 11891 US Highway One, Suite 100 North Palm Beach, FL 33408 JOHN COOK,ESQUIRE1 1 o Florida Bar No. 262951 ) 806 S.W. Park $treet Okeechobee, FL 34874 1 2007-12-17 15:09 MAXWELL & MAXWE 8637631179 Paize T 12'19/2007 18:00 5616250610 Dec 19 2007 17:04 TJ BIRO PAGE 05/05 ORDER APPROVING STIPULATION OF DISMISSAL THIS CAUSE came before the Court upon the Stipulation of Dismissal, the parties being in agreement, and the Court being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Stipulation of Dismissal is hereby approved, which the Court retains Jurisdiction to enforce same_ Copies Furnished: Thomas J. Baird, Esquire Baird & Roselli 11801 U.S. Highway One, Suite 100 North Palm Beach, FL 33408 John M. Jorgensen, Esquire Scott, Harris, Bryan, Barra & Jorgensen, P.A. 4400 PGA Boulevard, Suite 800 Palm Beach Gardens, FL 33410 John Cook, squire 805 S. W. Park Street Okeechobee, FL 34974 Elizabeth A. Maxwell, Esquire Maxwell & Maxwell 405 NW Third Street Okeechobee, FL 34972 2 J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1 230 Apaiachee Parkway Tallahassee, FL 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www_cfoah_state.tl_us Filed with the Clerk of the Division of Administrative Hearings This day of 2007. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE AND JULIAN ) HUGGINS, ) Petitioner, ) vs. ) Case No. 06-5020GM CITY OKEECHOBEE, ) Respondent, ) and ) ROYAL PROFESSIONAL BUILDERS, ) INC., ) Intervenor. ) ORDER CONTINUING CASE IN ABEYANCE This cause having come before the undersigned on Status Report filed November 19, 2007, and the undersigned being fully advised, it is, therefore, ORDERED that the parties shall confer and advise the undersigned in writing no later than December 19, 2007, as to the status of this matter and as to the length of time required for the final hearing in this cause and several mutually - agreeable dates for scheduling the final hearing should one be necessary. Failure to timely advise will result in the conclusion that this cause has been amicably resolved, and the file of the Division of Administrative Hearings in the above - captioned matter will be closed. DONE AND ORDERED this 27th day of November, 2007, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of November, 2007. COPIES FURNISHED: Thomas J. Baird, Esquire Baird & Roselli 11891 U.S. Highway One, Suite 100 North Palm Beach, Florida 33408 Elizabeth A. Maxwell, Esquire Maxwell & Maxwell, P.A. 405 Northwest 3rd Street Okeechobee, Florida 34972-4128 John M. Jorgensen, Esquire Scott, Harris, Bryan,' Barra & Jorgensen, P.A. 4400 PGA Boulevard, Suite 800 Palm Beach Gardens, Florida 33410 John R. Cook, Esquire City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 t) 11/19/2007 16:08 5616250610 TJ BAIRO STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH VVALPOLE and JULIAN HUGGINS, Petitioners, vs. CITY OF OKEECHOBEE, Respondents, and ROYAL PROFESSIONAL BUILDERS, INC., Intervenor. PAGE 02/03 CASE No. 06-6020GM STATUS REPORT Petitioners, KEITH WALPOLE and JULIAN HUGGINS ("Petitioners"), file this Status Report and state: 1. A Stipulation has been circulated amongst the attorneys for the parties, which would result in a dismissal of the pending Petition. 2. It is likely that the Stipulation will be acceptable to all parties, and that the Stipulation will be executed following the Thanksgiving holiday, Accordingly, the parties hereby request a .vntinuance so that the Stipulation may be fully executed. WHEREFORE, the Petitioner respectfully requests that the Administrative Law Judge continue the stay of the proceedings. I HEREBY CERTIFY that a true and correct copy of the foregoing has been 0�' furnished by U.S. Mail this t l day of November, 2007 to John Cook, Esquire, City Attorney, 805 S. W. Park Street, Okeechobee, FL 34974, John M. Jorgensen, Esquire, 1 11/19/2007 16:08 5616250610 TJ BAIRO PAGE 03/03 Counsel for Intervenor, Scott, Harris, Bryan, Barra & Jorgensen, RA., 4400 PGA Boulevard, Suite 800, Palm Beach Gardens, FL 33410 and Elizabeth A. Maxwell, Esquire, Maxwell & Maxwell, 1.05 NW Third Street, Okeechobee, FL 34972. E_1TJ IAMaxwell\Statu5Report111907, doc BAIR[D & ROSELLI Attorney for Petitioners 11891 U,S. Highway One, Suite 100 North Palm Beach, FL 33408 Telephone: (561) 6254400 Fax: (561) 624-0610 BY: 2 omas J. ted, Florida Bar #47 4 Karen E. Roselli, Esquire Florida Bar #473235 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE AND JULIAN HUGGINS, Petitioner, vs. CITY OKEECHOBEE, Respondent, and ROYAL PROFESSIONAL BUILDERS, INC., Intervenor. Case No. 06-5020GM ORDER CONTINUING CASE IN ABEYANCE This cause having come before the undersigned on the Status Report filed October 23, 2007, and the undersigned being fully advised, it is, therefore, ORDERED that the parties shall confer and advise the undersigned in writing no later than November 19, 2007, as to the status of this matter and as to the length of time required for the final hearing in this cause and several mutually - agreeable dates for scheduling the final hearing should one be necessary. Failure to timely advise will result in the conclusion that this cause has been amicably resolved, and the file of the Division of Administrative Hearings in the above - captioned matter will be closed. DONE AND ORDERED this 24th day of October, 2007, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 24th day of October, 2007. COPIES FURNISHED: Thomas J. Baird, Esquire Baird & Roselli 11891 U.S. Highway One, Suite 100 North Palm Beach, Florida 33408 Elizabeth A. Maxwell, Esquire Maxwell & Maxwell, P.A. 405 Northwest 3rd Street Okeechobee, Florida 34972-4128 John M. Jorgensen, Esquire Scott, Harris, Bryan, Barra & Jorgensen, P.A. 4400 PGA Boulevard, Suite 800 Palm Beach Gardens, Florida 33410 John R. Cook, Esquire City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 1012312007 15:57 5616250610 TJ BAIRO Oct 23 2007 16:03 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE and JULIAN HUGGINS, Petitioners, vs. CITY OF OKEECHOBEE, Respondents, CASE No. 06-5020GM PAGE 02103 and ROYAL PROFESSIONAL BUILDERS, INC., Intervenor. I STATUS $g?ORT Petitioners, KEITH WALPOLE and JULIAN HUGGINS ("Petitioners"), file this Status Report and state: 1. The parties requested a continuance because the City is in this process of adopting Planned Unit Development (PUD) regulations. The Intervenor seeks to utilize these land development regulations in developing the property which is the subject of this Petition. 2. The PUD regulations were recently adopted by the City. i"he Petitioners have contacted the Intervenors to begin a collaborative planning process to address the development of the subject property, however, the Intervenor has not yet submitted a PUD plan for the subject property. 3. The Petitioners anticipate dismissing this Petition as a good faith showing of their willingness to collaboratively plan the PUD. 4. The undersigned has discussed this Status Report to counsel for the City and Intervenor and both parties support Petitioners request for another continuance. or 44'65 3"07 10/23/2007 15:57 5616250610 TJ BAIRO Oct 23 2007 16:03 PAGE 03/03 WHEREFORE, the Petitioner respectfully requests that the Administrative Law Judge continue the stay of the proceedings. 1 HEREBY CERTIFY that,a truc and correct copy of the foregoing has been furnished by U.S, Mail this day of October, 2007 to John Cook, Esquire, City Attorney, 805 S. W. Park Street, Okeechobee, FL 34974, John M. Jorgensen, Esquire, Counsel for Intervenor, Scott, Harris, Bryan, Barra & Jorgensen, P.A,, 4400 PGA Boulevard, Suite 800, Palm Beach Gardens, FL 33410 and Elizabeth A. Maxwell, Esquire, Maxwell & Maxwell, 405 NW Third Street, Okeechobee, FL 34972. BAIRD & ROSELLI Attorney for Petitioners 11891 U.S. Highway One, Suite 100 North Palm Beach, FL 33408 Telephone: (561) 625-4400 Fax: (561) 624-0610 E:ITJB1Maxwe111Statu$Report102307.doc 2 omas J Florida B 5114 Karen E. Roselli, Esquire Florida Bar #473235 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE and JULIAN HUGGINS, Petitioners, vs. CITY OKEECHOBEE, Respondent, and ROYAL PROFESSIONAL BUILDERS, INC., Intervenor. Case No. 06-5020GM ORDER CONTINUING CASE IN ABEYANCE This cause having come before the undersigned on the Status Report filed August 15, 2007, and the undersigned being fully advised, it is, therefore, ORDERED that the parties shall confer and advise the undersigned in writing no later than October 19, 2007, as to the status of this matter and as to the length of time required for the final hearing in this cause and several mutually -agreeable dates for scheduling the final hearing should one be necessary. Failure to timely advise will result in the conclusion that this cause has been amicably resolved, and the file of the Division of Administrative Hearings in the above -captioned matter will be closed. 4 DONE AND ORDERED this 17th day of August, 2007, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of August, 2007. COPIES FURNISHED: Thomas J. Baird, Esquire Baird & Roselli 11891 U.S. Highway One, Suite 100 North Palm Beach, Florida 33408 Elizabeth A. Maxwell, Esquire Maxwell & Maxwell, P.A. 405 Northwest 3rd Street Okeechobee, Florida 34972-4128 John M. Jorgensen, Esquire Scott, Harris, Bryan, Barra & Jorgensen, P.A. 4400 PGA Boulevard, Suite 800 Palm Beach Gardens, Florida 33410 John R. Cook, Esquire City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 q 08115/2007 16:25 5616250610 Aug 15 2007 16:30 TJ BAIRO PAGE 02/03 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE and JULIAN HUGGINS, Petitioners, vs. CITY OF OKEECHOBEE, Respondents, and ROYAL PROFESSIONAL 13UILIJERS, INC., Intervenor. CASE No. 06-5020GM STATUS REPORT Petitioners, KEITH WALPOLE and JULIAN HUGGINS ("Petitioners"), file this Status Report and state: 1. The parties requested a continuance because the City is in this process of adopting Planned Unit Development: (PUD) regulations. The Intervenor seeks to utilize these land development regulations in developing the property which is the subject of this Petition. 2. The PUD regulations were recently adopted by the City. The Petitioners have contacted the City to begin the collaborative planning process to address the development of the subject property, however, the Intervenor has not yet submitted a PUD plan for the subject property. 3. The undersigned has circulated this Status Report to counsel for the City and Intervenor and both parties support Petitioners request for another continuance. WHEREFORE, the Petitioner respectfully requests that the Administrative Law Judge continue the stay of the proceedings. 10 Ord* 9i9 -3-el 08/15/2007 16:25 5616250610 Aug 15 2007 16:30 TJ BAIRO PAGE 03/03 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been h furnished by U.S. Mail this IL5 day of August, 2007 to John Cook, Esquire, City Attorney, 805 S. W. Park Street, Okeechobee, FL 34974, John M. Jorgensen, Esquire, Counsel for Intervenor, Scott, Harris, Bryan, Barra & Jorgensen, P.A., 4400 PGA Boulevard, Suite 800, Palm Beach Gardens, FL 33410 and Elizabeth A. Maxwell. Esquire, Maxwell & Maxwell. 405 NW Third Street, Okeechobee, FL 34972. E:1TJ B1MaxweintatusReport061407.doo BAIRD & ROSELLI Attorney for Petitioners 11891 U.S. Highway One, Suite 100 North Palm Beach, FL 33408 Telephone: (561) 625,4400 Fax: (561) 624-0610 BY: Thomas B. s, Esi Florida E3 -r #4751 Karen E. Roselli, Esquire Florida Bar #473235 2 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE and JULIAN ) HUGGINS, ) Petitioners, ) vs. ) Case No. 06-5020GM CITY OKEECHOBEE, ) Respondent, ) and ) ROYAL PROFESSIONAL BUILDERS, ) INC., ) Intervenor. ) ORDER CONTINUING CASE IN ABEYANCE This cause having come before the undersigned on the Unilateral Status Report filed June 15, 2007, and the undersigned being fully advised, it is, therefore, ORDERED that the parties shall confer and advise the undersigned in writing no later than August 20, 2007, as to the status of this matter and as to the length of time required for the final hearing in this cause and several mutually -agreeable dates for scheduling the final hearing should one be necessary. Failure to timely advise will result in the conclusion that this cause has been amicably resolved, and the file of the Division of Administrative Hearings in the above -captioned matter will be closed. DONE AND ORDERED this 20th day of June, 2007, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of June, 2007. COPIES FURNISHED: Thomas J. Baird, Esquire Baird & Roselli 11891 U.S. Highway One, Suite 100 North Palm Beach, Florida 33408 Elizabeth A. Maxwell, Esquire Maxwell & Maxwell, P.A. 405 Northwest 3rd Street Okeechobee, Florida 34972-4128 John M. Jorgensen, Esquire Scott, Harris, Bryan, Barra & Jorgensen, P.A. 4400 PGA Boulevard, Suite 800 Palm Beach Gardens, Florida 33410 John R. Cook, Esquire City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 I( Jun 15 07 03:27p Thomas Baird Jun 15 2007 16:30 561-625-0610 p.1 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE and JULIAN HUGGINS, Petitioners, VS. CITY OF OKEECHOBEE, Respondents, and ROYAL PROFESSIONAL BUILDERS, INC., Intervenor. CASE No. 06-5020GM 1 UNILATERAL STATUS REPORT Petitioners, KEITH WALPOLE and JULIAN HUGGINS ("Petitioners"), file this their Status Report and state: 1. The parties requested a continuance because the City is in this process of adopting Planned Unit Development (PUD) regulations. The Intervenor seeks to utilize these land development regulations in developing the property which is the subject of this Petition. 2. Once the PUD regulations are adopted the parties hope to work together in a collaborative planning process to address the development of the subject property. if successful an administrative hearing would not be necessary. 3. The City has not yet adopted its PUD regulations, and consequently the Intervenor cannot yet propose a PIJD plan for the parties' evaluation. 4. The undersigned has circulated this Status Report to counsel for the City and Intervenor and requested they notify me of any comments or objections. Neither party responded. IZ Jun 15 07 03:27p Thomas Baird Juri 15 2007 16:30 561-625-0610 p.2 WHEREFORE, the Petitioner respectfully requests that the Administrative Law Judge continue the stay of the proceedings. HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail this /5 day of June, 2007 to John Cook, Esquire, City Attorney, 805 S. W. Park Street, Okeechobee, FL 34974, John M. Jorgensen, Esquire, Counsel for Intervenor, Scott, Harris, Bryan, Barra & Jorgensen, P.A., 4400 PGA Boulevard, Suite 800, Palm Beach Gardens, FL 33410 and Elizabeth A. Maxwell, Esquire, Maxwell & Maxwell, 405 NW Third Street, Okeechobee, FL 34972. E:\TJIIIMaxwell\StatusRepart061407.doc l2 BAIRD & ROSELLI Attorney for Petitioners 11891 U.S. Highway One, Suite 100 North Palm Beach, FL 33408 Telephone: (561) 625-4400 Fax: (561) 624-0610 BY: 2 Thomas J. Baird, Es Florida Bar #4751 4 Karen E. Roselli, Esquire Florida Bar #473235 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE and JULIAN ) HUGGINS, ) Petitioners, ) vs. ) Case No. 06-5020GM CITY OKEECHOBEE, ) Respondent, ) and ) ROYAL PROFESSIONAL BUILDERS, ) INC., ) Intervenor. ) ORDER CANCELING HEARING AND PLACING CASE IN ABEYANCE This cause having come before the undersigned on Joint Motion to Continue Administrative Hearing filed March 20, 2007, and the undersigned having reviewed the record in this cause, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for April 26 and 27, 2007, is canceled, and this cause is placed in abeyance. 2. The parties shall confer and advise the undersigned in writing no later than June 19, 2007, as to the status of this matter, as to the length of time required for the final hearing in this cause, and as to several mutually -agreeable dates for re -scheduling the final hearing should one be necessary. Failure to timely advise will result in the conclusion that this cause has been amicably resolved, and the file of the Division of Administrative Hearings in the above -captioned matter will be closed. I3 DONE AND ORDERED this 22nd day of March, 2007, in Tallahassee, Leon County, Florida. S J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of March, 2007. COPIES FURNISHED: Thomas J. Baird, Esquire Baird & Roselli 11891 U.S. Highway One, Suite 100 North Palm Beach, Florida 33408 Elizabeth A. Maxwell, Esquire Maxwell & Maxwell, P.A. 405 Northwest 3rd Street Okeechobee, Florida 34972-4128 John M. Jorgensen, Esquire Scott, Harris, Bryan, Barra & Jorgensen, P.A. 4400 PGA Boulevard, Suite 800 Palm Beach Gardens, Florida 33410 John R. Cook, Esquire City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 IS Mar 20 07 03:51p Thomas Baird Mar 20 2007 16:53 561-625-0610 p.2 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE and JULIAN HUGGINS, Petitioners, VS. CITY OF OKEECHOBEE, Respondents, and ROYAL PROFESSIONAL BUILDERS, INC., Intervenor. l CASE No. 06-5020GM JOINT MOTION TO CONTINUE ADMINISTRATIVE HEARING Petitioners, KEITH WALPOLE and JULIAN HUGGINS ("Petitioners"), Respondent, CITY OF OKEECHOBEE ("City") and Intervenor, ROYAL PROFESSIONAL BUILDERS, INC. ("Royal"), hereby jointly move this Court for an order to continue the administrative hearing to afford these parties time to negotiate a settlement based upon a process outlined at mediation. 1. The Petitioners and City and Intervenors all participated in formal mediation with the intention of negotiating an agreement which would resolve each portion of the plan amendment to which the Petitioners objected and which was the basis for their filing of the Petition. The Parties have agreed to a course of action which if carried out would result in the Petitioners dismissal of the Administrative Petition. 2. The City Council intends to conduct planning workshops, which if successful would result in remedial actions to resolve the Petitioners Petition. These actions would involve the consideration of the adoption of a Planned Unit Development Ordinance by the City. ova* WI 1.3- 01 Mar 20 2007 16 53 Mar 20 07 03:52p Thomas Baird 561-625-0610 p3 3. If the continuance is not granted the parties will incur costs associated with discovery and preparation for a hearing which would be better spent toward reaching a negotiated settlement acceptable to all parties. Thus a Continuance of this matter would be in the interest of judicial economy, as it would allow the Petitioners and City to reach a settlement. 4. Counsel for the Respondent and Intervenor have authorized the undersigned to represent that their clients agree to a continuance. WHEREFORE, Petitioners, KEITH WALPOLE and JULIAN HUGGINS and the CITY OF OKEECHOBEE, respectfully request this Court enter an Order continuing these proceedings until such time as the parties notice the Court that a settlement could not be reached. I HEREBY CERTIFY that a true and correct copy of the foregoing has been r� furnished by U.S. Mail thisd( day of March, 2007 to John Cook, Esquire, City Attorney, 805 S. W. Park Street, Okeechobee, FL 34974, John M. Jorgensen, Esquire, Counsel for Intervenor, Scott, Harris, Bryan, Barra & Jorgensen, P.A., 4400 PGA Boulevard, Suite 800, Palm Beach Gardens, FL 33410 and Elizabeth A. Maxwell, Esquire, Maxwell & Maxwell, 405 NW Third Street, Okeechobee, FL 34972. BAIRD & ROSELLI Attorney for Petitioners 11891 U.S. Highway One, Suite 100 North Palm Beach, FL 33408 Telephone: (561) 625-4400 Fax: . ) 624-0610 ✓_ ` BY: ' ---, ,,----___---Tho rfias J. Bair. sq. Florida Bar #475114 Karen E. Roselli, Esquire Florida Bar ff1173235 Law Offices W. Jay Hunston, Jr., P.A. R O. Box 508 Stuart, FL 34995 Telephone (772) 223-5503 Toll Free (800) 771-7780 W. Jay Hunston, Jr., Esq. • Florida Certified Circuit Civil Mediator • Florida Certified Family Mediator • NASD Approved Mediator • Florida Approved Arbitrator March 14, 2007 Clerk of Division Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Re: Walpole v. City of Okeechobee Case No.: 06-5020GM Dear Clerk: Fax: (772) 223-4092 Toll Free Fax: (866) 748-6786 Email: wjh@hunstonadr.com http://www.hunstonadr.com I have enclosed the original and one copy of the Report of Mediator in the above -styled action. Please file the original and return a time -stamped copy to me for my records in the enclosed self-addressed, stamped envelope. Thank you for your cooperation and assistance in this matter. Sine rely, W. Jay Hu'sttJJr., Esq. Encl. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CASE NO: 06-5020GM KEITH WALPOLE and JULIAN HUGGINS, Petitioners, vs. CITY OF OKEECHOBEE, Respondent, and ROYAL PROFESSIONAL BUILDERS, INC., Intervenor. REPORT OF MEDIATOR Pursuant to notice, a mediation conference in the above -styled action was held before the undersigned Mediator on March 12, 2007. All parties in interest were present either in person, by telephone or through counsel. Upon the parties reaching an impasse as to a global resolution involving all parties, the mediation conference was terminated. This Report is dated and the original filed with the Clerk and copies mailed to those listed on this 14th day of March, 2007. Copies furnished to: Thomas J. Baird, Esq. Baird & Roselli 11891 U.S. Highway One, Suite 100 North Palm Beach, FL 33408 John M. Jorgensen, Esq. Scott, Harris, Bryan, Barra & Jorgensen, P.A. 4400 PGA Blvd., Suite 800 Palm Beach Gardens, FL 33410 W. JAY HUNSTON, JR., ESQ. CERTIFIED CIRC. COURT MEDIATOR P. O. Box 508 Stuart, FL 34995 (77 ) % 50. rs 2, �• `I.�r►. r r • /, Jay Hu sto1,�j , Esq. Fla. Bar Nu. 0 ► :79 John Cook Esq. Okeechobee City Attorney 805 S.W. Park Street Okeechobee, FL 34974 Elizabeth A. Maxwell, Esq. Maxwell & Maxwell 405 NW Third Street Okeechobee, FL 34972 �5 Feb 16 07 04:02p Thomas Baird Feb 10 2007 1502 561-625-0610 p.2 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE and JULIAN HUGGINS, Petitioners, vs. CITY OF OKEECHOBEE, Respondents, and ROYAL PROFESSIONAL BUILDERS, INC., Intervenor. CASE No. 06-5020GM NOTICE OF MEDIATION COMES NOW the Plaintiffs, KEITH WALPOLE and JULIAN HUGGINS, by and through their undersigned attorney, files this Notice of Mediation and states: A mediation conference shall occur in this case on Monday, March 12, 2007 at 10:00 a.m., and shall take place at the Okeechobee Courthouse, 55 SE 3`d Avenue, Okeechobee, FL 33494, with W. Jay Hunston to serve as mediator. HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail this /,fir, day of February, 2007 to John Cook, Esquire, City Attorney, 805 S. W. Park Street, Okeechobee, FL 34974, John M. Jorgensen, Esquire, Counsel for Intervenor, Scott, Harris, Bryan, Barra & Jorgensen, P.A., 4400 PGA Boulevard, Suite 800, Palm Beach Gardens, FL 33410 and Elizabeth A. Maxwell, Esquire, Maxwell & Maxwell, 405 NW Third Street, Okeechobee, FL 34972. E:\TJERMaxweltlMediation.Notice.doc IiQ BAIRD & ROSELLI Attorney for Petitioners 11891 U.S. Highway One, Suite 100 North Palm Beach, FL 33408 Telephone: (561) 625-4400 Fax: (561) 624-0610 BY: Thomas J. Bac d Esq Florida Bar #475114 Karen E. Roselli, Esquire Florida Bar 11'173235 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE and JULIAN HUGGINS, Petitioners, vs. CITY OF OKEECHOBEE, Respondent, and ROYAL PROFESSIONAL BUILDERS, INC., Intervenor. Case No. 06-5020GM ORDER OF PRE -HEARING INSTRUCTIONS This case having been scheduled for final hearing, it is, therefore, ORDERED that: 1. Resolution session. The parties shall meet within 14 days of the date of this Order in an effort to amicably resolve this case. 2. Discovery. (a) Discovery should be commenced immediately. (b) This Order is not a substitute for discovery, and a party's failure to conduct discovery in a timely and diligent manner will not be grounds for a continuance of the final hearing. (c) All discovery, including depositions, shall be completed no later than 14 days prior to the date of the final hearing. Ii (d) Before filing a motion to compel or other motion related to a discovery dispute, the parties shall make a good faith effort to resolve the dispute without the undersigned's intervention. The motion shall include the certification required by Florida Rule of Civil Procedure 1.380(a)(2). (e) The parties may propose a discovery schedule for the undersigned's consideration and approval, or request a scheduling conference for that purpose, if they believe that a more detailed schedule is necessary to facilitate discovery. 3. Witness disclosure. All potential witnesses, including expert witnesses, shall be disclosed no later than 35 days prior to the date of the final hearing. The witnesses shall be identified by name, address, and field of expertise, if any. 4. Attorneys' conference. (a) Counsel for all parties shall meet no later than 14 days prior to the date of the final hearing, and shall: (i) Discuss the possibility of settlement; (ii) Stipulate to as many facts and issues as possible; (iii) Prepare the pre -hearing stipulation as required by this Order; (iv) Examine all exhibits that are expected to be offered into evidence at the hearing; (v) Furnish opposing counsel the names and addresses of all witnesses that are expected to be called at the hearing; and (vi) Complete all other matters which may expedite the hearing in this case. (b) Counsel for the City of Okeechobee shall initiate arrangements for the attorneys' conference. However, all counsel are charged with the duty of meeting and of complying with the requirements of this Order. 2 11 5. Pre -hearing stipulation. (a) The pre -hearing stipulation shall contain: (i) A concise statement of the nature of the controversy; (ii) A brief, general statement of each party's position; (iii) A list of all exhibits to be offered at the hearing, noting any objections thereto, and the grounds for each objection; (iv) A list of the names and addresses of all witnesses to be called at the hearing by each party, with expert witnesses being so designated; (v) A concise statement of those facts which are admitted and will require no proof at hearing, together with any reservations directed to such admission; (vi) A concise statement of those issues of law on which there is agreement; (vii) A concise statement of those issues of fact which remain to be litigated; (viii) A concise statement of those issues of law which remain for determination by the Administrative Law Judge; (ix) A concise statement of any disagreement as to the application of the rules of evidence or the allocation of the burden of proof; (x) A list of all pending motions or other matters which require action by the Administrative Law Judge; (xi) An estimate as to the length of time required for the hearing; 3 11 (xii) An agreed-upon order of presentation at the hearing; and (xiii) The signature of counsel for all parties. (b) The pre -hearing stipulation shall be filed no later than seven days prior to the date of the final hearing. (c) If for any reason the pre -hearing stipulation cannot be executed by all counsel, each attorney shall file and serve a separate proposed pre -hearing statement no later than five days before the final hearing with a statement of reasons why no agreement was reached on the stipulation. 6. Motions. (a) All motions shall include the certification required by Florida Administrative Code Rule 28-106.204(3) and, if the motion is opposed, it shall also indicate whether the other parties intend to file a written response to the motion. Failure to include the required certification may result in the summary denial of the motion. (b) Replies to responses to motions shall not be filed without leave of the undersigned. (c) Motions not requiring an evidentiary hearing will typically be resolved based upon the parties' written submittals after the expiration of the response period in Florida Administrative Code Rule 28-106.204(1). If it is determined that oral argument on the motion is needed, the undersigned's secretary will contact the movant's counsel and have him or her set up a telephonic hearing on the motion. 7. Exhibits. (a) The parties shall stipulate to the introduction of as many exhibits as possible so as to minimize the amount of time spent at the hearing laying foundation for exhibits. (b) Exhibits shall be pre -marked in advance of the hearing, consistent with the numbering used in the pre -hearing stipulation. (c) The pages of each multi -paged exhibit shall be consecutively numbered. 4 •1 (d) Multi -paged exhibits shall be stapled or otherwise securely bound. Paperclips and rubber bands are not acceptable. (e) Mounted maps or other oversized exhibits may be used as demonstrative exhibits at the hearing, but the version received into evidence shall be foldable to 84 by 11 inches, if possible. (f) Exhibits shall not be pre -filed with the Division of Administrative Hearings unless specifically ordered. (g) The parties are responsible for ensuring that confidential information is redacted from exhibits prior their introduction into evidence or their filing with the Division of Administrative Hearings. 8. Expert witnesses. (a) Experts shall have formulated their opinions and prepared their exhibits no later than the date of their deposition. (b) The parties shall attempt to stipulate to the area(s) of expertise of the expert witnesses so as to minimize the testimony at the hearing on the experts' background, experience, and qualifications. The stipulations as to the witnesses' expertise shall be reflected in the pre -hearing stipulation and/or placed on the record at the outset of the witnesses' testimony. 9. Modifications of deadlines. The deadlines in this Order, except the resolution session and the filing of the pre - hearing stipulation, may be modified by agreement of the parties without leave of the undersigned so long as the modifications do not affect the final hearing schedule. 10. Sanctions. Failure to comply with the requirements of this Order may result in the exclusion of witnesses or exhibits not previously disclosed, or other appropriate sanctions. 5 }1 DONE AND ORDERED this 30th day of January, 2007, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 30th day of January, 2007. COPIES FURNISHED: Shaw P. Stiller, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Thomas J. Baird, Esquire Baird & Roselli 11891 U.S. Highway One, Suite 100 North Palm Beach, Florida 33408 Elizabeth A. Maxwell, Esquire Maxwell & Maxwell, P.A. 405 Northwest 3rd Street Okeechobee, Florida 34972-4128 John R. Cook, Esquire City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 John M. Jorgensen, Esquire Scott, Harris, Bryan, Barra & Jorgensen, P.A. 4400 PGA Boulevard, Suite 800 Palm Beach Gardens, Florida 33410 6 i1 STATE OF FLORIDA DIVISION OF ADNIINISTRATIVE'HEARINGS : • . KEITH WALPOLE, JULIA;IIUGGINS, iCa.se. No. 0.65020 GM Petitioners vs. CITY OF OKEECHOBEE, FLORIDA Respondent / REPLY PURSUANT to the administrative order of December 12, 2006, the City of Okeechobee unilaterally responds to said order as follows: 1. THAT thereare no lcnown. related cases presently before the division. 2. THAT it is estimated the final hearing will take six hours to conclude. 3. THAT as all counsel is in the proximity of Okeechobee, that any final hearing be held at city hall in Okeechobee, Florida. 4. THAT undersigned counsel, if ultimately trial counsel in the issue, is available for final hearing: January 23, 24, 30, 31, and February 13, 14, 15, 2007. SUBMITTED this 20 day of December, 2006. JOIIN`R. COOK City "ttorney 55 S.E. 3rd Avenue Okeechobee, Fl. 34972 (863)467-0297 FAX 467-4798 Fla. Bar 262951 Mailed for filing with the division 21 December, 2006. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE AND JULIAN ) HUGGINS, ) Petitioners, ) vs. ) Case No. 06-5020GM CITY OKEECHOBEE, ) Respondent, ) and ) ROYAL PROFESSIONAL BUILDERS, ) INC., ) Intervenor. ) ORDER GRANTING LEAVE TO INTERVENE The Motion to Intervene filed by Royal Professional Builders, Inc., on December 19, 2006, is granted to the extent that leave is granted to Royal Professional Builders, Inc., to intervene and participate as a party to this proceeding. The caption is amended as reflected above. DONE AND ORDERED this 26th day of December, 2006, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us W Filed with the Clerk of the Division of Administrative Hearings this 26th of December, 2006. COPIES FURNISHED: Shaw P. Stiller, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Thomas J. Baird, Esquire Baird & Roselli 11891 U.S. Highway One, Suite 100 North Palm Beach, Florida 33408 Elizabeth A. Maxwell, Esquire Maxwell & Maxwell, P.A. 405 Northwest 3rd Street Okeechobee, Florida 34972-4128 City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 John M. Jorgensen, Esquire Scott, Harris, Bryan, Barra & Jorgensen, P.A. 4400 PGA Boulevard, Suite 800 Palm Beach Gardens, Florida 33410 2 11 Dec 19 06 04:OOp Thomas Baird z2. 561-625-0610 p.2 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE and JULIAN HUGGINS, Petitioners, vs. CITY OF OKEECHOBEE, Respondents. CASE No. 06-5020GM PETITIONERS' RESPONSE TO INITIAL ORDER Council for the Petitioners sent this proposed response to the Respondent, City of Okeechobee, however the City did not reply. Accordingly Petitioners hereby responds unilaterally to the Initial Order as follows: 1. There are no related cases before the Division. 2. Estimated time to conduct a final hearing is two days_ 3. The suggested geographic location of the hearing is Okeechobee, Florida 4. The Petitioners and Respondent are available far a final hearing February 14-18, 2007. RESPECTFULLY SUBMITTED this 75day of December, 2006. BAIRD & ROSELLI Attorney for Petitioners 11891 U.S. Highway One, Suite 100 North Palm Beath, FL 33408 Telephone: (561) 625-4400 Fax: (561) 624-0610 BY•r/-/ 1 Thomas J:_paird, E Florida Bar#475r4 )ec 19 06 04:OOp Thomas Baird CERTIFICATE OF SERVICE 561-625-0610 p.3 hereby certify that a true copy of the above has been delivered by facsimile transmission d -t l this j i _ day of December, 2006 to John Cook, Esquire, City Attorney, 805 S. W. Park Street, Okeechobee, FL 34974 E:1TJR\Maxwell\Petitioners Response to Initial Crder.doc Z,J BEFORE THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF ADMINISTRATIVE HEARINGS ILE KEITH WALPOLE and CASE NO. 06-005020GM JULIAN HUGGINS, Petitioners, vs. CITY OF OKEECHOBEE, Respondent. MOTION TO INTERVENE �J'y Royal Professional Builders, Inc. requests that it be permitted to intervene in this proceeding and as grounds therefore would show: 1. Petitioners Keith Walpole and Julian Huggins filed a petition for formal administrative hearing with the Department of Community Affairs against the City of Okeechobee, challenging the City's adoption of Ordinance No. 961 changing the future land use of approximately ten (10) acres from single family residential to multi -family residential. 2. During the land use amendment proceedings before the City, Royall Professional Builders, Inc. was the contract vendee for the subject property and was actively involved in the approval process. 3. On or about November 22, 2006, Royal Professional Builders, Inc. purchased the subject property from Frank Altobello as Trustee of the Frank Altobello Charitable Remainder Trust III dated April 16, 2003, as to a 2/3 interest, and Mildred Frances Altobello, as to a 1/3 interest. A copy of the Warrantey Deed conveying title is attached as Exhibit "A". Page 1 of 2 tik 4. Royal Professional Builders intends on developing a planned unit development with multi -family housing on the subject property. 5. Because of its ownership and development plans for the subject property, Royal Professional Builder's substantial interests are subject to determination or will be affected through this proceeding. 6. In accordance with Rule 28-106.204, the undersigned counsel for Royal Professional Builders has consulted with counsel for Petitioners, Thomas Baird, but said counsel has been unable to confirm whether Petitioners object to the motion to intervene. WHEREFORE, Royal Professional Builders, Inc. respectfully requests that it be permitted to intervene in this action under authority of Rule 28-106.205 to protect its substantial interest to be determined by this proceedings. CERTIFICATION OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to: Thomas J. Baird, Esq., 11891 U.S. Highway One, Suite 100, North Palm Beach, FL 33408, Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Blvd, Tallahassee, FL 32399 and City of Oke chobee, c/o Mayor James E. Kirk, 55 SE 3rd Avenue, Okeechobee, FL 34974 on this l day of December, 2006. SCOTT, HARRIS, BRYAN, BARRA & JORGENSEN, P.A. Attorneys for Royal Professional Builders, Inc. 4400 PGA Boulevard - Suite 800 Palm Beach Gardens, FL 33410 Telephone: (561)2624-3900 Facsimile: (561)'624-3533 JOHN ,i /rJORGENSEN,ESQ. Floricilti Bar No. 348112 Page 2 of 2 12/19/2006 14 36 FAX 5616243533 Prepared By and Return To; J. Richard Harris, Esquire Scott, Harris, Bryan, Barra & Jorgensen, P.A. 4400 PGA Boulevard, Suite 800 Palm Beach Gardens, Florida 33410 Our File No. 43011 Scott, Harris,6ryan-ET-AL Z004/007 1111111111111111111111111f11ISII1111111111111Il111111II FILE NUr1 2006019797 OIR 00617 PG 0635 SHARON ROBERTSON? CLERY. OF CIRCUIT COURT OKEECHOBEE COUHTYr FL RECORDED 11/30/2606 1?:41.:21 Pet RECORDII1G FEES 35.50 DEED DOC `.884.90 RECORDED BY R Farri,h NS 0635 - 633i 141,9s1 Property Control No. J 21-37.35-QA0Q-04444-0_004 WARRANTY DEED I/ +� THIS WARRANTY DEED, made this (24,1,11 day of NDr.Cht ' , 2006, between Frank Alt III dated to a 1/3 Inter rnatce of the Frank Altebello Charitable Remainder Trust 003, as to a 23 Interest; and Mildred Frances Altobello, us hereinafter culled the Grantors, whose mailing address is cc Box 417 e, Florida 34913 to Royal Professional fide • nr,4i Florida corporation hereinafter called the Grantee, whose mailing address is 8120 Belvedere Road, Suite 3 West Palm Beach, Florida 33411 (Wherever used herein the terms "Grantors" and "Grantee" arc used for singular or plural, as context requires and includa all the parties to this Instrument and the heirs, legal teprosentstives and assigns of individuals, end theauccetsors and assigns of corporations.) WITNESSETH, that the said Grantors, for and hi consideration of the sum of Ten Dollars (SI0.00) and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in the County of Okeechobee, State of Florida, to -wit: ALL THAT PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. EXHIBIT Book617/Page635 CFN#2006019797 Page 1 of 4 21 12/16/2006 14 36 FAX 5616243533 Scott,Harris,6ryan-ET-At_ 005/007 THE SUBJECT PROPERTY IS NOT THE HOMESTEAD OF THE GRANTORS, NOR 18 IT CONTIGUOUS THERETO AND BOTH OF THE GRANTORS RESIDE AT 1 l 05 SOUTH PARROT AVENUE, OKEE CHOREE, FLORIDA 34974. SUBJECT TO astrictions, reservations, covenants, conditions and casements of record; taxes for the year 2007 and the years subsequent thereto; and all applicable laws, ordinances, and governmental regulations, including without limitation, zoning and building codes and ordinances. TOGETHER with all the tenements, hcreditarnents and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the said Grantors do hereby fully warrant title to said land, and will defend the same against the lawful claims of : • rsons whomsoever. IN WITNESS W and year first above wrirte the said Grantors have signed and scaled these presents the day Signed, sealed and delivered in the pros ace of: (print name ofwimG�t/ Wi ess as to F,rq>1} Altubelto ) L /ha. 065 (print narn ofwimcss) Francea Altobollo (print amc of witnes WItr ess as to Mildred Frances Altobello Jt 3avt pm/taws (print name of witness) I+�rank Altobella, as Trustee of the Frank Altobello Charitable Remainder Truitt '111 dated April 16, 2003 Mildred Frances Altobello Book617/Pa9e636 CFN#2006019797 21 Page 2 of 4 12/19/2006 14 36 FAX 5616243533 Dec 19 2UUb Scott, Harris,3ryan-ET-AL J 006/007 STATE OF FLO ,,DI� A.�,'� COUNTY OF '+adee- Tho foregoing instrument was acknowledged before me this /day of/l / ', 2006. by Frank Altobello, as Trustee (lithe Frank Altobello Charitable Remainder Trust III dated April 16, 2003. Personally NOT d RY PUBLIC r5a5aY► /4.4l/iarx9 (Print Name) My Commli&Ion E i c -/Q Commission No.: 5J/'167 3S OR Produced Identification Type of IdFntificatir/n Produced STATE OF FLO DA COUNTY OF The foregoing instrum 2006 klti �NilY l Frances Alto W 1 ' y„ 'lnttytra'' dged before me this r d day of A/ot'e#i b r clic. .NOT • Y PUBLIC 3v54 if/ id/ 1/;a • Personally Known X (Print Name) My Comtnlssion E pirce: Commission No.•.�r-8743 OR Produced Identification Typc of Identification Produced Book617/Page637 CFN#2006019797 Page 3 of 4 Zi 12/19/2006 14 37 FAX 5616243333 Scott, Harris,6ryan-ET-AL EXHIBIT "A" LEGAL DESCRIPTION AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11 "WEST ALONG THE NORTH R1GHT-OF-WAY LINE OF SW 6TH STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH °! :" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FE HE POINT OF BEGINNING; THENCE CONTINUE NOR <10°0 58" WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF I, CK 202, CITY OF OKEECHOBEE; THENCE BEAR NORTH 89°54-50THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R: • c 9 . , " GE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 7 .:: FEET; THENCE BEAR NORTH 00°04' : "EST, DISTANCE OF 398.67 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY OF SOUTHWEST 2ND STEET; SAID CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11°11'52" AND A LONG CHORD BEARING NORTH 62°53'33" EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00°04'58" EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89°54'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89°53'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGINNING. CONTAINING 9.90 ACRES, MORE OR LESS. &j 007/007 Book617/Page638 CFN#2006019797 Page 4 of 4 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KEITH WALPOLE AND JULIAN HUGGINS, ) Petitioner, ) vs. ) Case No. 06-5020GM CITY OKEECHOBEE, ) Respondent. ) INITIAL ORDER 1. The original pleadings and other documents shall be filed on 8.5" x 11" paper at the address below and a copy served upon all other parties. They may also be faxed in lieu of original document filing. All pleadings and motions must contain the DOAH style and case number. It is the individual's responsibility to ensure that no information protected by privacy or confidentiality laws is contained in any document that would be posted to DOAH's website in the regular course of business. 2. THE PETITIONER SHALL COORDINATE WITH ALL PARTIES AND PROVIDE THE FOLLOWING INFORMATION WITHIN 7 DAYS OF THE DATE OF THIS ORDER. If coordination is not possible, each party shall individually provide this information. a. Any related cases before the Division and, if so, the DOAH case number; b. Estimated length of time necessary to conduct the final hearing; c. Suggested geographic location for the final hearing; d. All dates more than 30 and less than 60 days from the date of this Order on which you are available for the final hearing. 3. Florida attorneys who have previously registered at the DOAH website may file the information requested in paragraph 2 electronically. 4. FAILURE TO COMPLY WITH THE PROVISIONS OF PARAGRAPH 2 SHALL WAIVE VENUE RIGHTS, AND THE FINAL HEARING WILL BE SET IN TALLAHASSEE AS SOON AS POSSIBLE. DONE AND ORDERED this 12th day of December, 2006, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of December, 2006. ZZ SUMMARY OF PROCEDURES This case has been filed with the Division of Administrative Hearings to conduct an evidentiary hearing governed by Chapter 120, Florida Statutes, and Chapter 28- 106, Parts I and II, Florida Administrative Code. THE PARTIES SHALL TAKE NOTICE THAT: 1. Discovery may be undertaken in the manner provided in the Florida Rules of Civil Procedure and, if desired, should be initiated immediately. Subpoenas may be obtained through the Judge by contacting (850) 488-9675, extension 111. Discovery must be completed 5 days before the date of the final hearing unless an extension of time for good cause is granted. 2. The government agency for which a hearing is conducted will make arrangements for preserving the testimony at the final hearing. 3. A party may appear personally or be represented by an attorney or other qualified representative, pursuant to Rule 28-106.106, Florida Administrative Code. 4. Rule 28-106.210, Florida Administrative Code, provides that requests for continuances must be filed with the Judge at least 5 days prior to the date of hearing, except in cases of extreme emergency, and will only be granted for good cause shown. 5. Parties will promptly notify the Judge in the event of a settlement or other development which might alter the scheduled hearing. 6. The parties are expected to discuss the possibility of settlement, enter into pre -hearing stipulations of fact and law, identify and limit issues, and exchange exhibit and witness lists prior to the hearing. 7. If all parties agree, this case may proceed as a summary hearing, without discovery, if requested by motion within 15 days from the date of this Order. A Final Order will be entered within 30 days after the hearing. In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Judge's secretary no later than seven days prior to the hearing. The Judge's secretary may be contacted at the address or telephone numbers on page one, via 1-800-955- 8770 (Voice), or 1-800-955-8771 (TDD) Florida Relay Service. COPIES FURNISHED: Shaw P. Stiller, Esquire Thomas J. Baird, Esquire (850)488-0410 (561)625-4400 Elizabeth A. Maxwell, Esquire City of Okeechobee (863)763-1119 22 12/11/2006 13:23 8509222679 12/07/200e 17:03 FAX 882783117e Dec 11 2006 13:21 DCA GENERAL COUNSEL MAXWELL E MAXWELL '�ffc e - MAXWELL & MAXWELL, P.A 40$ NW THIRD STREET OKEECHOEEE, FL 34972 DE.VIN R. MAXWELL ELIZABETH A. MAXWELL akilpsAynile Tran_srnil9sign December 6, 2006 TO: Florida Department of Community Affairs PHONE: 863-763-M9 I9 PAX: 863-763-1179 akeectwiNWau'YeraYahoo.Corn www.okeethobeetawyer.com PAGE 02/10 11001/003 FILING At'D ACKNOWLEDGEMENT FAX #: 850-922-2679 FILED, Qu this etc, waw M the designated Agency C ork rvsc ipp .which is hereby ackn ATTN: Agency Clerk 4kiam FROM: Elizabeth A. Maxwell, Esquire Snip(, -Ne Deputy Agency Clerks RE: Petition for Formal Administrative Hearing Walpole vs. City of Okeechobee ********* orM*04,1**'p*'ioic4i*s*+r*****.I***w *lc 41411M * >N wt * ***************,s,*** Please find following a Petition for Formal Administrative Hearing. Should you have any questions, please do not hesitate to contact me. Sincerely, Elizabeth A. lvMaxwell, Esquire 1f yntt encounter nny difficult with this trsnsriiission, piston call this nfflce tiL 8631763 1 ] 19. TICS TPANSMISSION 15 CONFIDENTIAL AND INTENDED TO 13 SEBN ONLY BY THS PERSON TO WHAM 1r rS ADDRESSED. AND ]F RECEIVED 1N ERROR PLEASE PF'rURN TO THE ABOVE OFFICE IMMEDIATELY. BEFORE THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS KEITH WALPOLE, and JULIAN HUGGINS Petitioners, vs. CITY OF OKEECHOBEE, Respondent. DCA Docket No. JENNIFER C. HARVEY 9 / , orrt uedi PETITION FOR FORMAL ADMINISTRATIVE HEARING COMES NOW the Petitioners, KEITH WALPOLE and JULIAN HUGGINS, by and through their undersigned counsel, and request a formal administrative hearing and states: 1. The Agency involved in this proceeding is the Florida Department of Community Affairs (the "DCA"), whose address is 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. The DCA's file number is Docket No. The DCA is the designated State of Florida land planning agency. 2. The City of Okeechobee (the "City") is a "Local Government" and an "Agency" as defined in §163.3164, F.S. Its address is 55 S.E. 3rd Avenue, Okeechobee, FL 34974. 3. The Petitioner's respective names and addresses are as follows: Keith Alan Walpole 300 NW 9th Street Okeechobee, Florida 34972 1 12/11/2006 13:23 8509222579 12/07/2006 17;03 FAX 8837631179 Dec 11 2006 13:22 DCA GENERAL COUNSEL MAXWELL & MAXWELL BEFORE THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS KEITH WALPOL, and JULIAN HUGGINS Petitioners, vs. CITY OF OKEECHOBEE, Respondent. DCA Docket No. PAGE 03/10 01002/009 FLINGAND At,71,< 1,17_ttG .MENT FILES on tMh$ ri::;,, „,,,i "ss ttc, ciesigneted Agency Ckirk. ^e iq t ;: ',..wAchitth is hereby achno yd 4 Ar 1 /51/' Miriam Srd99pes Date Deputy Agency elk PETITION FGAR ORIVIAL ADMIN1ST. dATP/E HEARING COMES NOW the Petitioners, KEITH WALPOLE and JULIAN HUGGINS, by and through their undersigned counsel, and request a formal administrative hearing and states; 1. The Agency involved in this proceeding is the Florida Department of Community Affairs (the "DCA"), whose addresS is 2555 8humard Oak Boulevard, Tallahassee, Florida 32399.2100. The DCA's file number Is Docket No. The DCA is the designated State of Florida land planning agency. 2. The City of Okeechobee (the "City's) is a "Local Government" and an "Agency" as defined in §163.31B4, F,S. Its address Is 55 S.E. 3rd Avenue, Okeechobee, FL 34974. 3. The Petitioner's respective names and addresses are as follows: 3howsU-Pdb0A14 (keit of 0A t p iii a Keith Alan Walpole 300 NW girl Street Okeechobee, Florida 34972 1 oj3 Julian Huggins 1906 SW 51" Drive Okeechobee, Florida 34974 4. This Petition is filed on behalf of the Petitioners by Thomas J. Baird, Esquire, whose address, telephone and facsimile numbers are: Thomas J. Baird, Esquire Baird & Roselli 11891 U.S. Highway One, Suite 100 North Palm Beach, Florida 33408 Telephone: (561) 625-4400 Facsimile: (561) 625-0610 As further detailed below, the Petitioner's substantial interests will be affected by the City's adoption of the Small Scale Plan Amendment. 5. The Petitioners are "affected persons" within the meaning of §163.3184(1)(a), F.S., because they own property and/or reside within the boundaries of the City. The Petitioners, either individually or by and through professionals retained on their behalf, made oral and/or submitted written comments, recommendations and objections to the City at its public hearings. STATEMENT OF THE CASE 6. On November 7, 2006, the City adopted Ordinance No. 961 changing the future land use of approximately 10 acres from Single -Family Residential to Multi -Family Residential. The properties to the south and west of the 10 acre subject property have future land use classifications of Single -Family Residential. The property on the eastern border of the subject property was changed by the same land owner as the subject parcel to Multi -Family Residential from a Single -Family Residential future land use classification last year. 2 Z3 7. The Petitioners reside in a single family neighborhood adjacent or near the subject property and own businesses within the City which will be adversely affected by the amendment of the subject property's future land use to Multi -Family Residential. 8. The adverse impacts to the Petitioners which make them affected persons are: a. The location of the subject property suffers from inadequate traffic flow and the traffic generated by the change in land use will be incompatible with the single family uses in this area, of the City and unincorporated County. b. The Owner of the subject property did not demonstrate that it met the concurrency requirements of the City or State law in that there was no confirmation of water or sewer capacity for the subject property; or as to traffic, prior to the adoption of the plan commitment. c. The proposed change to Multi -Family Residential is expected to accelerate too much residential growth in a location not suitable for same (sprawl). d. School concurrency has not been confirmed as required by State law. e. The goals, objectives and policies of the City's Comprehensive Plan do not support the change to Multi -Family Residential and there is no population "needs" analysis indicating that the City needs further Multi -Family Residential development at the located of the subject property. ISSUES PRESENTED 9. The Petitioners own and maintain property in close proximity to the property, which is the subject of the Plan Amendment. Petitioner Huggins purchased his single family residential home in the City in reliance on the low 3 ts density residential future land use designation assigned by the City to the property, which is now the subject of a Plan Amendment. The Petitioners also relied on the City's Comprehensive Plan and its goals, objectives and policies to protect the health, safety and welfare, of themselves and their properties, through the growth management provisions of Florida law. The failure of a developer to comply with the City's Comprehensive Plan intangibly harms every citizen in the city. See Pinecrest Lakes, Inc. v. Shidel, No. 4D99-2641, Sept. 26, 2001). 10. The adoption of the Plan Amendment is not compatible with the single family residential properties to the south and west of the subject property as these areas have a Future Land Use Map classification of Single Family Residential. The land use amendment would increase the density and intensity of the subject property creating disharmony in the low density residential area where the Petitioners and other property owners reside. The Town's actions have the effect of giving preferential treatment to one property owner who initiated the plan amendment to the south and west of the subject property developed with single family homes. 11. According to the City's Planner's staff report, the Plan Amendment, as applied to the subject property, is inconsistent with the City's Comprehensive Plan, in the following respects: A. Comprehensive Plan Analysis: As proposed, the applicant's request is not consistent with the multi -Family Land Use Category as intended in the Future Land Use Element of the City's Comprehensive Plan. This is a location with inadequate traffic flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. 4 B. Concurrency of Adequate Public Facilities: Water is available to the subject property but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby Land Uses: The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi - Family residential use at this time. Nearby vacant Multi - Family land should be absorbed prior to further expansion of apartments at this location. E. Analysis and Conclusion: This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the note requirements set forth in Chapter 163 of the Florida Statues. Staff does not recommend approval to amend the Future Land Use map from Single -Family to Multi -Family based on the above comments and the application's consistency with the City's Comprehensive Plan. 12. The Plan Amendment is inconsistent with and is internally inconsistent with the City's Comprehensive Plan and fails to comply with Rule 9J-5.006(4), F.A.C., because it fails to identify the areas in the Town where the development of multi -family residential use is appropriate. 13. The Plan Amendment is inconsistent with and fails to comply with §163.3177(6)(a),F.S. in that the Future Land Use Element of the City's Comprehensive Plan in that the City has previously determined that the property north of the subject property is to be developed as Multi -Family Residential use because it has been assigned a future land use of Residential Multiple Family. 14. The Plan Amendment is inconsistent with and fails to comply with §163.3177(6)(a), F.S. in that it cannot be demonstrated that the proposed Residential 5 Multi -Family development is consistent with the distribution, location and extent of land which has been set aside for Residential Multi -Family. 15. The Plan Amendment is inconsistent with and fails to comply with §163.3177(6), F.S., and Rule 9J -5.05(2)a., F.A.C. in that it was not based upon any surveys, studies, or other data regarding the amount of land the City has deemed to be required or necessary for the development of Residential Multi -Family. 16. The material facts disputed by the Petitioners which warrant reversal or modification of the Department's action include each and every fact statement contained in the City Planner's Staff report, none of which were incorporated into the City Ordinance Number 961 adopted November 7, 2006. 17. As of now, the rules or statutes Petitioners contend require reversal or modification of the Department's proposed action include: a. Chapter 163, Part II, F.S. b. §163.3177, F.S. c. §163.3184, F.S. d. §163.3187(2), F.S. e. §163.3194, F.S. f. §163.3194(1)(b), F.S. g. Rule 9J -5.005(2)(a), F.A.C. h. Rule 9J -5.006(3)(c)2, F.A.C. i. Rule 9J -5.006(3)(c)5, F.A.C. j. Rule 9J -5.006(3)(c)6, F.A.C. k. Rule 9J -5.006(4)(c), F.A.C. CONCLUSION 18. The Petitioners respectfully request the following relief: a. That a formal administrative hearing be scheduled and conducted by an administrative law judge of the Division of Administrative Hearings. 6 b. That the administrative law judge enter an order recommending that the DCA determine that the City's Plan Amendment is "Not In ti °4106/ Compliance", recommending that the Amendment not become effective. c. That the DCA make such a determination and forward the matter to the Administrative Commission. d. That the Administrative Commission enter a Final Order finding that the City's Plan Amendment is "Not In Compliance" recommending that the Amendment not become effective and identifying all sanctions allowed by law. RESPECTFULLY SUBMITTED this 7th day of December, 2006. BAIRD & ROSELLI Attorney for Petitioners 11891 U.S. Highway One, Suite 100 North Palm Beach, FL 33408 Telephone: (561) 625-4400 Fax: (561) 624-0610 BY: Elizabeth A. Maxwell, Esquire Florida Bar #720895 For Thomas J. Baird, Esquire Florida Bar #475114 CERTIFICATE OF SERVICE I hereby certify that a true copy of the above has been delivered by facsimile transmission this 7th day of December, 2006 to the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 and the City of Okeechobee, 55 SE 3rd Ave, Okeechobee, FL 34974. '4/ Elizabeth )/ Elizabeth A. Maxwell, Esq. for Thomas J. Baird, Esq. 8 12?11/2006 13:23 2509222679 Dec 11 2006 13:21 DCA GENERAL COUNSEL STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call Iwine" .IEB BUSH CiOVOMOT December 11, 2006 Ann Col; Clerk Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 PAGE 01110 THADDEUS L. COHF.N Secretary OYd4ciL( o(-oil-sA- Re: City of Okeechobee Small Scale Comprehensive Plan Amendment Dear Ms. Cole: Enclosed please find a Petition for Formal Administrative Hearing challenging a small scale comprehensive plan amendment adopted by the City of Okeechobee. This Petition was filed with the Department on December 7, 2006. However, pursuant to Section 163.3187(3)(a), Florida Statutes, this Petition should have been filed directly with the Division of Adrninistrative Hearings. Accordingly, 1 am forwarding the Petition to the Division for further proceedings as may be appropriate. If you. have any questions, please contact me at the Department of Community Affairs, Office of the General Counsel, 2555 Shwrlard Oak Boulevard, Tallahassee, Florida 32399-2100, (850)488-0410. Sincerely, ()AC_ Shaw P. Stiller A.ssistant General Counsel. Enclosures cc:\ Paula. Ford, Agency Clerk Elizabeth A Maxwell., Esq. 6-� 2555 S.KUMARD OAK BOULEVARD +TALLAHASSEE, FLORIDA 32399-2100 Phone. 850,48R.8460ISuncom 278.8466 FAX: 850,921,0781/Suncom 291,0781 Internet address: hila://www,tlea.Vatc.11.us CRITICAL STATE CONCERN MELO OFFICE 2791; Overseen Highway. Suite 212 Mornlhcn. FL 33950-2727 (3051209-2402 COM1vtUNITY PLANNI 2 2555 ShumST4 Onk Bouleverd Tollahnssee.11L 32349-2100 (R50) 40R-2334 EMERGENCY MANAGEMENT 2555 Shumar0 050 Boulevard Tnllnhnsace, PL 3239R-2150 1550) 4132f%0 HOUSING & COMMUNITY nF.vFT.nrMC.NT 2555 Shumerd Oak Boulevard Tallah eet, 01.32355-2100 (050» 489.7950 06-012-A1.10rd #90 CITY OF OKEECHOBEE OCTOBER 2, 2007 CLOSED EXECUTIVE SESSION AND REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 8 CI END/ I. CALL TO ORDER - Mayor: October 2, 2007, Closed Executive Session, 5:30 p.m. II. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Gamiotea III. OPEN THE CLOSED EXECUTIVE SESSION - Mayor. A. Discussion to rescind the November 7, 2006 motion to adopt Ordinance No. 961 regarding Future Land Use Map Amendment Application No. 06 -012 -SSA, submitted by Frank Altobello, Trustee City Attorney. -v. Ti.�ltlul='f1.YlIi.1� J. COLING ACTI I �.f!SC $SIGN. -VOTE '_' Mayor Kirk called the Meeting to order at 5:30 p.m. noting that the purpose was to conduct a Closed Executive Session on October2, 2007 from 5:30 p.m. to 6:00 p.m. in order to review strategies with legal counsel to resolve pending litigation regarding the adoption of Ordinance No. 961 regarding Future Land Use Map Amendment Application No. 06 -012 -SSA, submitted by Frank Altobello, Trustee. Mayor Kirk requested City Clerk Gamiotea call the roll, for notation of the only persons allowed to be present, as advertised, during the Closed Executive Session: Present Present Present Present Present Present Present Present, and a Court Reporter (Amy J. Schreck of Atlantic Reporting) A MOTION WAS MADE BY COUNCIL MEMBER WATFORD AND SECONDED BY COUNCIL MEMBER MARKHAM TO OPEN THE CLOSED EXECUTIVE SESSION AT 5:31 P.M. VOTE KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. As per Section 286.011(8)(c), Florida Statutes, Ms. AmyJ. Schreck, RPR a certified court report with Atlantic Reporting took a transcript of the entire session. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporters' notes shall be fully transcribed and filed with the City Clerk within a reasonable time after the meeting. Once the litigation is finalized, the transcript can be opened as a public record. 1 2 OCTOBER 2, 2007 - REGULAR MEETING - PAGE 2 OF 8 IV. ADJOURN CLOSED EXECUTIVE SESSION - Mayor. V. CALL TO ORDER - Mayor: October 2, 2007, City Council Regular Meeting. VI. OPENING CEREMONIES: Invocation given by Pastor Duane Eatmon, Treasure Island Baptist; Pledge of Allegiance led by Mayor. I11. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson VIII. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 19, 2007 Final Budget Hearing and the Regular Meeting. tit* gfidif4 A MOTION WAS MADE BY COUNCIL MEMBER WATFORD AND SECONDED BY COUNCIL MEMBER MARKHAM TO ADJOURN THE CLOSED EXECUTIVE SESSION AT 6:02 P.M. VOTE KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. (There was a brief recess to allow everyone to enter the Council Chambers for the regular meeting) Mayor Kirk called the October 2, 2007 Regular City Council Meeting to order at 6:07 p.m. In the absence of Reverend Eatmon, Youth Pastor Dawson of the First United Methodist Church gave the invocation; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Council Member C. Williams moved to dispense with the reading and approve the Summary of Council Action for the September 19, 2007 Final Budget Hearing and the Regular Meeting; seconded by Council Member L. Williams. There was no discussion on this item. City of Okeechobee Speedy Message *Oto -o19-s;p FILE COPY Office oldie City Clerk AMR (863) 763-3372 extension 215 To: Court Reporter Date: October 2, 2007 Attached is a copy of Florida Statute 286.011, which gives specific instructions on how to carry out the executive session and transcript for the session. F.S. 286.011 paragraph (8)(c) reads the entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporters' notes shall be fully transcribed and filed with me, the City Clerk within a reasonable time after the meeting. Please forward the transcript: City of Okeechobee, ATTENTION: Lane Gamiotea, City Clerk, 55 SE 3`d Avenue, Okeechobee, Florida 34974, in a sealed envelope with the outside clearly marked as "October 2, 2007 Executive Session, Walpole v. City of Okeechobee, Case No. 06-5020GM." This will assist in identifying the date, and purpose of this meeting since the transcript is not allowed to be opened for any reason until the litigation is over. The invoice for billing should be mailed to: City of Okeechobee, Attention Robin Brock, Executive Secretary, 55 SE 3rd Avenue, Okeechobee, Florida 34974. Please do not put the invoice inside the envelope with the transcript as it cannot legally be opened. I've also attached a copy of the advertisement listing the names of persons allowed to be present at the meeting so that you will have the correct spelling of each name. Thank you! cc: 06 -012 -SSA File Executive Session File NOTICE OF CLOSED EXECUTIVE SESSION BY THE CITY COUNCIL, OKEECHOBEE, FLORIDA NOTICE IS HEREBY GIVEN that the Okeechobee City Council will meet in Closed Executive Session to discuss Ordinance No. 961, regarding Comprehensive Plan Future Land Use Small Scale Map Amendment No. 06 -012 -SSA, submitted by Mr. Frank Altobello, Trustee. The proposed Executive Session will be held on Tuesday, October 2, 2007 at 5:30 p.m. or as soon thereafter as possible at City Hall, 55 SE 3rd Avenue, Council Chambers Room 200. The discussion shall be confined to settlement negotiation or strategies relating to litigation filed by Keith Walpole and Julian Huggins to the Department of Community Affairs, Case No. 06-005020GM. The litigation is a Motion to Intervene challenging the City's adoption of Ordinance No. 961, changing the future land use designation from Residential Single Family to Residential Multi -Family on an unplatted 10 acre parcel of land located between Southwest 2nd and 6th Streets (Parcel Identification No. 2-21-37-35-0A00-00006-0000). Royal Professional Buildings, Inc. was a contract vendee for the subject property, and has filed a Motion to Intervene as the property owner. Notice is hereby given that the following will be in attendance: Mayor James E. Kirk, Council Members Dowling R. Watford, Jr., Lowry Markham, Clayton Williams, Lydia Jean Williams, City Attorney John Cook, City Administrator Brian Whitehall, City Clerk Lane Gamiotea. A court reporter will be present to record the session and the transcript shall be made part of the public record upon conclusion of the litigation. By: Mayor James E. Kirk, as duly requested by City Attorney John R. Cook, Esquire, and allowed by Section 286.011, Florida Statutes. Select Year: The 2007 Florida Statutes Title XIX Chapter 286 View Entire PUBLIC PUBLIC BUSINESS: MISCELLANEOUS Chapter BUSINESS PROVISIONS 286.011 Public meetings and records; public inspection; criminal and civil penalties. -- (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shalt assess a reasonable attorney's fee against such agency, and may assess a reasonable attorneys fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal againstsuch board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shalt be assessed against the individual member or members of the board or commission. (6) Alt persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. http://www.flsenate. gov/Statutes/index.cfm?p=2&App_mode=Disp1 ay_Statute&Search_String=&URL=... 9/20/20( (7) Whenever any membe my board or commission of any state age-- or authority or any agency or authority of any ity, municipal corporation, or political siiiiiiivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of alt persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. History. --s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-224; s. 1, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-353. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2006 State of Florida. http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_Strin &URL=... 9/20/2007 rage 1 01 1 Council members - The purpose of this email is to advise that the I Concrete' Land Use Ordinance, adopted 11/7/06, 1 designated about 10 acres from single family to multi- family, and has been the source of much discussion since, will be on the Oct 2nd Agenda at 5:30PM, as a Closed (Executive) session discussion matter. As you are aware, Keith Walpole and Julian Huggins pressed the matter to the State Division of Administrative Hearings and Royal Professional Builders successfully petitioned as an Intervenor. The zoning for the subject parcel has not changed...it has remained in 'Holding'. Since that time we met as part of a mediation process. That mediation has been continued a couple of times and now is set to expire on October 19th, I believe. The mediation was continued in part due to the City's creation of a PUD Ordinance, of which Royal Concrete has had some input in development. The City's Building Dept has had virtually no communications w/ Royal except about a month or so ago, when representatives inquired as to our Impact fees and Building fees. If you have questions please do not hesitate to contact me or Atty Cook. Thanks! NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. . Ota- 019- 5' I Brian Whitehall, Administrator City of Okeechobee 55 SE 3rd Av FILE Okeechobee FL 34974 863.763.3372 ext -212 9/24/2007 1 CITY OF OKEECHOBEE CLOSED EXECUTIVE SESSION REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 CERTIFIED COPY IN RE: Discussion to rescind the November 7, 2006 motion to adopt Ordinance No. 961 regarding Future Land Use Map Amendment Application Number 06 -012 -SSA, submitted by Frank Altobello, Trustee - City Attorney Transcript of proceedings before the Okeechobee County City Council Meeting, held at the City Hall, 55 SE 3rd Avenue, Okeechobee, Florida, commencing at 5:30 p.m., on the day and date above set forth. Cast. 1OSQ 1-3-acog 'DCS -- 04D- 502oW fltellipixtreciLn f ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 APPEARANCES: James E. Kirk, Mayor Dowling R. Watford, Jr., Council Member Lowry Markham, Council Member Clayton Williams, Council Member Lydia Jean Williams, Council Member John Cook, City Attorney Brian Whitehall, City Administrator Lane Gamiotea, City Clerk ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 MAYOR KIRK: We're going to call to order of this meeting of the Okeechobee City Council. Today's date is October the 2nd, 2007. The time is 5:30 p.m. Madam Clerk, will you take attendance for those that are present? THE CLERK: Mayor Kirk? MAYOR KIRK: Present. THE CLERK: Council Member Markham? COUNCIL MEMBER MARKHAM: Present. THE CLERK: Council Member Watford? COUNCIL MEMBER WATFORD: Here. THE CLERK: Council Member Clayton Williams? COUNCIL MEMBER CLAYTON WILLIAMS: Present. THE CLERK: Council Member Lydia G. Williams? COUNCIL MEMBER LYDIA WILLIAMS: Here. THE CLERK: Administrator Whitehall? CITY ADMINISTRATOR WHITEHALL: Here. THE CLERK: Attorney Cook? CITY ATTORNEY COOK: Here. THE CLERK: And, of course, the City Clerk is present. MAYOR KIRK: At this time I will entertain a motion to adjourn into Executive Session. Adjourn the regular meeting, close the Executive Session. COUNCIL MEMBER WATFORD: Mr. Chairman, I move ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 we -- is it adjourn or adjourn the Regular Meeting and enter in the Closed Executive Session? MAYOR KIRK: I have a motion and a second? COUNCIL MEMBER MARKHAM: Second. MAYOR KIRK: Any discussion? All in favor of the motion say "aye." (A unanimous aye heard.) MAYOR KIRK: Opposed to like sign. (There was no response.) MAYOR KIRK: So moved. We are now in Executive Session. (Be it remembered that this is a transcript of the Closed Executive Session had in the above -styled cause, which was taken before the Okeechobee City Council commencing at 5:30 p.m. on the day set forth above, to wit:) MAYOR KIRK: I have one item and that is the discussion to rescind the November 7, 2006 motion to adopt Ordinance Number 961 regarding Future Land Use Map Amendment Application Number 06 -012 -SSA, submitted by Frank Altobello, Trustee. At this time I'll turn it over to the City Attorney. CITY ATTORNEY COOK: Mayor, Council, we -- myself and Brian -- met with the -- I guess with the ATLANTIC. REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 administrative appeal that is taken to the State administrative law Judge regarding this ordinance and they propose the only change regarding handling it. Present was their attorney and Mr. Maxwell, Mr. Altobello and the other fellow I can't remember his name. COUNCIL MEMBER WATFORD: Al Huggins. CITY ATTORNEY COOK: And because the administrative law proceeding, they proceed fairly quickly and they set various deadlines and times to move the thing forward and we moved it forward a little bit. We had mediation and, of course, we continued any evidentiary hearings in the case. I think -- I don't remember the exact date, but I believe it was October 18th is sort of a last call by the administrative law Judge because they want it either closed or dismissed or agreed upon or entered into a trial. And, of course, from our viewpoint, we told them we didn't have anything from Royal Concrete about their intentions or anything they want to do. So, I suggested maybe that we make an agenda item to discuss withdrawing the previous land use change ordinance, multi -family, and then what is not acted on the zoning ordinance, change it to multi -family as possibly accomplishing a couple things. ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 ]_ 4 15 16 17 18 19 2.0 21 22 23 24 25 6 One, that notice would seemingly -- although it hasn't happened, I think to date unless anybody knows different that a Royal Concrete representative contact us and say don't do it or let's do it, this is our plans, et cetera but I don't believe we've heard anything. But now as far as the appeal itself, the administrative proceedings are a little different than a regular lawsuit. In a lawsuit you got a plaintiff that filed a lawsuit and you've got a defendant that supposedly some how has been wronged. That is the way the case stands until it's over. Administrative proceedings, you have typically more one party like we do here: Us and Walpole and Royal Concrete and any participant in those things can realign their positions. So if we were to proceed to an evidentiary hearing in that matter, it would be legally much easier to defend our position in that action if we aligned ourself with the Walpole appeal in that we would -- if you recall, our Planner LaRue both at the Zoning Board and City Council recommended against approving that land use change. It's the standard of proof in these kind of things is what is called a fairly debatable standard. ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ]_ 7 18 • ]_ 9 20 21 22 23 24 25 7 It's a little difficult to explain but it's fairly debatable if you are withheld. And fortunately I say this before the meeting when that happened was one that Brian and I were both out of town or I missed the meeting, but it's my understanding from talking to the Staff and what not that there was virtually no argument or evidence advanced by anybody that would support, contradicted our Planner's report to change it to multi -family. So, if we realigned ourself with the Walpole fashion and said, Yeah, our Planner said it was a bad idea, perhaps we shouldn't have done it, then that would be much more supportable, legal argument in the administrative action. That being said, the other option we have is to direct that -- I suppose at the next meeting that we draft an ordinance rescinding the land use change to multi -family on the parcel. Again, it's my feeling that when Royal Concrete gets wind of this and they would want to participate and let us know what their plans are. To date, they haven't done that. Now as far as the procedure for rescinding that and what we have to do with DCA and what not, I'll have to defer to Jim LaRue. Unfortunately, when I got ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2:5 8 with Robin and Brian a little after this meeting, I forgot to ask Jim LaRue to the attendees. So, he's not here to address the actual mechanics of how we do that. That's where we're at. We can do nothing and just continue on, but I think the administrative law Judge is going to say either you're going to try this case or it's going to be dismissed or you can direct that Staff prepare the ordinance to assume the land use change. That's where we're at. MAYOR KIRK: If we rescinded the land use change and moneys have changed hands, would we not be kind of liable there if somebody bought the land thinking we would change the land use on it and then we turn around and cancel that action? CITY ATTORNEY COOK: Well, if we had our vested rights to the land use, purchased it in reliance upon that action, it's possible, yeah. But the other side of the coin is that we have stayed the next step. The next step was the rezoning. We never heard anything. Anybody that purchased it in the interim would know that when they did the land use, they stopped the rezoning and it's not capable of being used for multi -family. So, they bought it under those conditions. Any argument that ATLANTIC REPORTING (800) 336-0050 2 3 4 5 6 7 8 9 10 11 :12 13 14 15 16 17 :L 8 :L 9 20 21 22 23 24 25 9 the City is responsible wouldn't be that strong. MAYOR KIRK: What is the down side if we let it proceed as it's going now and let's say that this would go before an administrative Judge and he would hear it? CITY ATTORNEY COOK: Yes, sir. MAYOR KIRK: And he says, Okay; you shouldn't have changed it so change it back. Would that -- would that eliminate our liability? Are we doing this under strict direction from the Judge? CITY ATTORNEY COOK: Well, you know, in the legal business it's like eliminating on a positive but, yeah, it would put us in a much better position. The other question is, is it worth time and expense? MAYOR KIRK: If they did that and ordered us to put it back, would we be responsible for the attorney fees involved with the Maxwell crew? CITY ATTORNEY COOK: That's a good question. I don't know. I don't know. I don't think they award these kinds of actions but I would have to check. MAYOR KIRK: See, I've given a lot of thought to this and it's bothered me a great deal because my memory of the night this took place, I really think it ATLANTIC REPORTING (800) 336-0050 2 3 4 5 6 7 8 9 :10 11 :L 2 13 14 15 16 17 :L 8 19 20 21 22 23 24 25 10 was a procedural error. And sitting in a single chair, I guess I was kind of a leader of that error but I think it was a procedural error and we didn't have anyone here to stop us from making that mistake. I would really think that had you been here or Mr. LaRue had been here -- Mr. Cook -- I think that you would have stopped us from doing that and we would have discussed it. I really feel like the Council at that time would have turned the whole thing down. I don't think that we would have made any change. That is the feeling I got from the atmosphere of the Council. I'm basing that -- I know I wouldn't have supported it if I would have had to vote for it but we changed the land use on it simply to get to the zoning. COUNCIL MEMBER WATFORD: Exactly. MAYOR KIRK: And that's a procedure that we now know we don't have to do and I apologize to this Council I haven't been up here all these years and not understanding that, but I think we've done that numerous times and we didn't get stopped. So, it was -- I don't think it was our intention at that point or when we started discussing the zoning, I think it became very clear that there was not a majority of this Council that was in favor of the ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 1.2 1.3 1.4 15 16 17 1.8 19 20 21 22 23 24 25 11 land use change or the zoning, either one. But because we felt like we had to approve the first one to discuss the second one or deny the first one and not discuss the second one, that was the thinking -- especially coming out of this center chair that night and we've since found out that is in error. We could have gone ahead and discussed all this and I think that the outcome most likely would have been totally different. With that being said, you know, I'm not so sure we shouldn't let them proceed and I would suspect that at least some persons on this Council or Staff or somebody is going to be asked to -- I guess they bring witnesses in and answer questions and I think that if it's any of us -- I know if it's me, I would say it was a procedural error. But I would rather that a Judge direct us to change this as us go ahead and change it because I really feel like we probably would be involved in another lawsuit. CITY ATTORNEY COOK: Yeah. Well, I mean, the lawful side certainly would like us to rely on that any way, and Brian and I discussed that. But I think what you're suggesting is probably good idea and I would seek the Council's permission to forward notice to the ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 12 Royal group that in light of what you said and I think that the Council is all in agreement that I'm not procedurally again, I'm not -- I can't tell you that what happens will happen, but I know it can happen is that I inform the Royal Concrete people that the City is going to realign our position in the deal with Walpole and that would -- that's not to rescind any ordinance but it's -- MAYOR KIRK: I'm not sure -- COUNCIL MEMBER WATFORD: I'm not sure that is exactly what we want to do. I think we want it to go through the hearing process and I don't think we want to -- I don't think we want to say we're aligned with either group. I think what we want to say is well, to the administrative hearing Judge or who ever he is that, you know, there are some issues here -- I think we all had issues -- I know we all had issues that night and let him make that decision. I don't think we want to say, well, we're -- CITY ATTORNEY COOK: That's fine. At some point the administrative law Judge is going to come to the committee and say, What is your case for supporting the action of City Council? I can go beats me. COUNCIL MEMBER WATFORD: You can say that the City Council was without counsel that night and perhaps ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 :L 0 11 12 13 14 15 16 17 18 19 20 2.1 22 23 24 25 13 was confused and had I been there, I would have advised them differently. CITY ATTORNEY COOK: Yeah. COUNCIL MEMBER WATFORD: I mean, I don't know -- without going through this whole process again and going back and studying I guess the tapes or the minutes or what ever, I don't know that I can recall all the specifics. I do specifically recall -- like the Mayor said -- and I think I remember saying something to the effect about this isn't a good procedure because what do you do first? Which one -- it's kind of the old chicken and egg. Which comes first? So, I know we were -- I think we were all struggling with how do we get there. But first of all, if we were -- even if we were going to do that, I don't know that I would sit on either side and say, Well, I agree with your position. Maybe I'm wrong, but I think we would just go in and when the Judge asked you to defend that you would say, Well, Council -- and you could use what ever words you wanted to use -- was trying -- was deliberating how to get to the zoning, you know, because I think there were -- there are two sides to every issue and I think that the Royal Professional ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 :15 16 17 18 19 2.0 21 22 23 24 25 14 Builders or what ever their correct title is, they have some valid points. You have your church across the street, you have multi -family adjoining that. So, there are some -- there are some arguments to do it. I don't think that it's that -- it's a no-brainer that you don't do it. I think they have some valid arguments and I still think that even after all we've been through, I still think that they have some -- when you look to the north and some of the development that is to the north of that which some of it is kind of I guess you would say industrial -type. or -- you know, there are some really valid reasons why that could be happening. So I think -- and I think if the Judge rules that way, then we've got to -- then we may have to make that hard decision, yeah, we'll get sued and we'll change it if we feel that way. I don't know if we feel that strongly, but I think that would either validate our position that, yes, there are some valid reasons to have it multi -family or it could say, hey, you guys and gals, you all were wrong and should have considered the other facts. And, to me, that would -- it takes it out of our hands and an independent third party then makes that decision either yes it was right ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 or no it wasn't. That's the way the procedure, I guess, is set up to do it. So, you know, I think you could use the term, Well, the City Council struggled with the decision, saw both sides, had they had counsel there that night, maybe they would have, maybe we wouldn't. I don't know. But the vote was unanimous, wasn't it, on that thing? THE CLERK: Yes, it was unanimous. MAYOR KIRK: My concern for the land planning for the land use, my concern is that I'm not sure what would have happened if we were grouped together to talk about it but in my opinion it certainly was a procedural error to go ahead and approve what we approved. In my opinion, that should be the attorney's response. If he is asked how do you justify this, I think he should say that the Council made a procedural error because it's going to be on record that we're basically saying that. That's not to say that when we got to -- when we grouped it together and talked, I don't know that our decision would have been different I think it quite possibly could have been, but we would not have made the land use change vote at that point ATLANTIC REPORTING (800) 336-0050 16 without discussing all of the pros and cons of what we were doing that we didn't get to the zoning. Then we didn't get much done in the zoning -- if my memory serves me right -- because things kind of got confusing then and I'm not so sure if maybe Mr. LaRue probably realized at that point we made a mistake but -- as far as procedures is concerned. I don't know if that makes sense or not. That is not defending your position. That is telling how the Council arrived at what they did, and I don't know if anybody here disagrees with that or not. COUNCIL MEMBER MARKHAM: My opinion and Council Member Walker made the statement that it seemed like we always do these backwards. We've got to prove this before we go into the zone and he made that statement at night and it was like how do we get to the next step to discuss it? That was the only way to get to the next step was to approve it. If you did approve it, then you didn't discuss it. And we discussed it that night that and even with Mr. Altobello here, you know, we didn't turn people down on these things but to get to a discussion, you've got to make them think you're going to get it but then we're going to discuss it and that's when we got into the part where we didn't know which way to go ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 :15 16 17 18 19 20 21 22 23 24 25 17 then on the zoning. But every time we come to those things, it's hard. You always have to approve something before you can then if you turn the other one down, you got one one way, one the other. COUNCIL MEMBER WATFORD: It's hard to go back. COUNCIL MEMBER MARKHAM: You can't go back to the land use because you've already done that. I think -- COUNCIL MEMBER WATFORD: It only takes one meeting. Zoning takes two meetings. I never figured that one out. MAYOR KIRK: So, is there any procedural reason we can't do the zoning first? COUNCIL MEMBER MARKHAM: They've always said we had to do the land use. COUNCIL MEMBER WATFORD: You can't do the zoning because that then wouldn't be consistent with the land use. If the land use is single family MAYOR KIRK: Then what we're going to do, Council Member Watford, is coming from the center chair here, we're going to have to open the discussion up completely at the land use. COUNCIL MEMBER WATFORD: I would tend to ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 agree with that -- allow a much broader range of discussion. COUNCIL MEMBER MARKHAM: We've never done that. We've never done that. We've always done that at the zoning. And I think -- we've always directed the land use was not the place to discuss all of the particulars. MAYOR KIRK: That was my understanding. That's the reason I think it was a procedural error. I mean, we operated under what we thought was what we've done in the past and we approved that simply to get to speak -- to talk about the zoning. So we -- COUNCIL MEMBER MARKHAM: To take the next step. MAYOR KIRK: And the discussion between us was so nixed that we couldn't even come to a decision on zoning. And had we had that decision on the land use, I don't think we would have changed the land use with that discussion going back and forth. I know one thing. It wouldn't have been unanimous. CITY ATTORNEY COOK: Well, like I said, the administrative law Judge is not going to let us fool around much longer. And as you know, in any lawsuit if there's no deadline between the parties, they just sit there and do nothing. ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 So, I guess the direction, Councilmen, would be I would notify both Walpole group and Royal Concrete that we're going to request a hearing date with the administrative law Judge to try the case. In between now and that date if they want to come to us with a proposal to avoid that hearing under what ever idea they've got, maybe we can try and resolve it that way. COUNCIL MEMBER WATFORD: I would agree with that. COUNCIL MEMBER MARKHAM: I agree with that. MAYOR KIRK: I'm seeing all of the heads nodding just about. COUNCIL MEMBER CLAYTON WILLIAMS: Are we the defendants in the case? CITY ATTORNEY COOK: You're not really a defendant. COUNCIL MEMBER CLAYTON WILLIAMS: And they're the plaintiff? CITY ATTORNEY COOK: I think they designate them "petitioner" and "respondent" but it is a label. COUNCIL MEMBER CLAYTON WILLIAMS: You go in there with the position of defending what Council -- the action that Council took that night? CITY ATTORNEY COOK: That's correct. ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 COUNCIL MEMBER CLAYTON WILLIAMS: I wasn't here. I think I was sitting out there. I think this was about November something? CITY ATTORNEY COOK: It's been a long time. THE CLERK: November 7th, 2006. COUNCIL MEMBER CLAYTON WILLIAMS: I can remember it seemed like people making a statement that seemed like we got everything in reverse. CITY ATTORNEY COOK: Yeah. COUNCIL MEMBER CLAYTON WILLIAMS: Now that Mr. Altobello is out of the picture, does that not change anything? As I understand it, they've closed on the property. CITY ATTORNEY COOK: It's my understanding. But in these kinds of cases, the land use and changes, any interested party can intervene. I mean, a citizen that lived across the street that didn't like the idea of multi -family could have joined the lawsuit. It's kind of an open thing for the agreed parties to come to or not come to. MAYOR KIRK: I think that is better than siding with one side or the other. I don't think that we should align up. I mean, we're being challenged and I still think that we've said here is correct: It was a procedural error. And I think that is probably -- if ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 any of us is called to testify that it's something similar, that's one thing like I said. COUNCIL MEMBER CLAYTON WILLIAMS: Are we going to plead some legal way of temporary insanity? Is that what we'll do? COUNCIL MEMBER WATFORD: It's called stupidity. CITY ATTORNEY COOK: One of the Council members can come to the hearing and admit that. COUNCIL MEMBER WATFORD: I wasn't here. COUNCIL MEMBER CLAYTON WILLIAMS: How about one of the Council was saying I was a citizen? MAYOR KIRK: Well, again, I would have no problem telling the Judge that in my opinion it was a procedural error that I definitely helped cause. You know, I mean, because that's the way we've done them all. We just never had one by us before. COUNCIL MEMBER CLAYTON WILLIAMS: My concern is the Judge is going to say that very thing: That's the way you've done them all, so why not do this one the same way? CITY ATTORNEY COOK: The standard for review is well-established. What was it I told you a while ago? A debate -- a fairly debatable count. That is the established standard and it's just like a rule of ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 law the Judge is going to follow. If the transcripts and the witnesses don't support that, then we will just say like the Mayor said. MAYOR KIRK: I think that is the best we can do. I mean, I think that if we're told that to override it or change it, but if we're directed to do that by the Judge, I'm assuming we don't have any choice to do it but I sure wouldn't want to -take that responsibility on myself and I wouldn't want to align ourself with either of them -- of the other parties involved in this. COUNCIL MEMBER CLAYTON WILLIAMS: We still got some to go through. Right? MAYOR KIRK: Yeah. The zoning never did get passed. When we got to the zoning, there was more questions than there were answers. COUNCIL MEMBER CLAYTON WILLIAMS: Theoretically Royal Concrete can win this and still lose at zoning. Right? CITY ATTORNEY COOK: Yeah. COUNCIL MEMBER CLAYTON WILLIAMS: Pardon? CITY ATTORNEY COOK: Yeah. MAYOR KIRK: I feel like that is the direction we need to go. CITY ATTORNEY COOK: I'm fairly confident and ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 I believe they will come to us with something, some resolution before it gets to be here. MAYOR KIRK: Either side or both or -- CITY ATTORNEY COOK: Well, I know what the Walpole group wants. We just haven't heard anything from the Royal group but I'm surprised they haven't come to us yet. MAYOR KIRK: In my opinion, I hope it proceeds on, the Judge goes ahead so he puts this to rest, you know. CITY ATTORNEY COOK: Well, the other thing, of course, is you know since all this happened we approved the PUD. Right? The PUDR on this property may be a suitable COUNCIL MEMBER WATFORD: It would be a good compromise. MAYOR KIRK: I would say that would definitely be a compromise. COUNCIL MEMBER WATFORD: Do we need to make a motion to adjourn this Executive Session? CITY ATTORNEY COOK: Yes. First the Court Reporter is going to type this up and mail the transcript to the Clerk. I want you to seal it -- hold it anyway -- until the litigation is complete. COUNCIL MEMBER WATFORD: I move to close the ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 Executive Session. MAYOR KIRK: I have a motion. Is there a second? COUNCIL MEMBER MARKHAM: Second. MAYOR KIRK: Motion to second. Any discussion? I've heard the motion, all of those in favor by saying aye. (A unanimous aye was heard.) MAYOR KIRK: Opposed a like sign. (No response was heard.) MAYOR KIRK: We'll open the regular session (The Closed Executive Session adjourned at 6:00 p.m. and the regular City Council Meeting began.) ATLANTIC REPORTING (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 STATE OF FLORIDA COUNTY OF OKEECHOBEE I, Amy J. Schreck, being a Registered Professional Reporter and Notary Public for the State of Florida at Large, do hereby certify that I reported the meeting of October 2, 2007 in the above -styled cause; that the foregoing pages numbered 1 through 24 inclusive constitute a true record of the hearing. I further certify that I am not an attorney or counsel for any of the parties, nor a relative or employee of any attorney or counsel connected with this action nor financially interested in the action. WITNESS MY HAND and official seal in the City of Okeechobee, County of Okeechobee, State of Florida, this day of October, 2007. 471(1(46-WOLL Amy J. Schreck, Registered Professional Reporter Notary Public - State of Florida My commission expires: 3/12/09 ATLANTIC REPORTING Stuart, Port St. Lucie, Fort Pierce, Vero Beach and Okeechobee, Florida NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 3 OF 15 6 v 5 VI. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2006 Warrant Register: Industrial Development Fund $645,490.77 General Fund $366,815.31 CDBG Fund $ 34,618.40 Public Facilities Fund $ 1,067.87 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only and adopt proposed Ordinance No. 961 regarding Future Land Use Map Amendment Application No. 06- 012 -SSA, Frank Altobello, property owner - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 961 by title only. 'SON - DISCUSSION - VOTE Council- Member Watford moved to approve the September 2006 Warrant Register in the amounts: Industrial Development Fund, six hundred forty-five thousand, four hundred ninety dollars and seventy-seven cents ($645,490.77); General Fund, three hundred sixty-six thousand, eight hundred fifteen dollars and thirty-one cents ($366,815.31); Community Development Block Grant Fund, thirty-four thousand, six hundred eighteen dollars and forty cents ($34,618.40); Public Facilities Improvement Fund, one thousand sixty-seven dollars and eighty-seven cents ($1,067.87); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA CHANDLER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Item "L" Teen Center was added and New Business Item `M" Temporary Street Closing was added. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 2:10 P.M. Council Member Watford moved to read by title only, and adopt proposed Ordinance No. 961 regarding Future Land Use Map Amendment Application No. 06 -012 -SSA, Frank Altobello, property owner; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED, Mayor Kirk read proposed Ordinance No. 961 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 4 OF 15 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt Ordinance No. 961. b) Public comments and discussion. Council Member Markham moved to adopt proposed Ordinance No. 961; seconded by Council Member Chandler. The subject vacant property is located between Southwest 2nd and 6th Streets and is approximately 9.89 acres. The applicant is requesting to change the Future Land Use designation from SF to MF. The application was submitted by the property owner Frank Altobello, Trustee. The application was reviewed by the Planning Board at their October 19, 2006 meeting, they unanimously recommended approval. The Planning Staff is recommending denial based on the following findings: A. Comprehensive Plan Analysis: As proposed, the applicant's request is not consistent with the Multi -Family Land Use category as intended in the Future land Use Element of the City's comprehensive Plan. This is a location with inadequate traffic flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. B. Concurrency of Adequate Public Facilities: Water is available to the subject property but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby Land Uses: The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan: The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi -Family residential use at this time. Nearby vacant Multi -Family lands should be absorbed prior to further expansion of apartments at this location. Upon further review and discussion at the October 19, 2006 Planning Board meeting, Mr. LaRue concluded that this application could be allowed. However, the Rezoning Petition No. 06-010-R, to be discussed later, would need to be changed to request Planned Unit Development (PUD), rather than Residential Multiple Family (RMF). Mr. Eric Engstrom, Chief Financial Officer of Royal Professional Builders, on behalf of Mr. Wally Sanger, owner of Royal Concrete Concepts was present. Mr. Sanger is in the process of developing a concrete manufacturing plant on Highway 98, which is estimated to bring 1200 jobs to this area. The company anticipates the opening of the plant to be in the second quarter of 2007. The housing development being proposed is intended for the plants workforce but will be available to the public. Mr. Jeff Sumner, LBFH Engineering, stated that the traffic study is anticipated to be completed by the December 5th City Council meeting, and that the developer is committed to do whatever is necessary to proceed forward. Mayor Kirk asked whether there were any questions or concerns from the public. Mr. Keith Walpole and Mr. Al Huggins strongly voiced their objections to the land use change, based on its impact to the area. • NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 5 OF 15 `AGENDA: COUNCIL ACTION - DISCUSSION = VOTE VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING. A. 1. a) Motion to read by title only and set December 5, 2006 as a final public hearing date for proposed Ordinance No. 962, amending the Land Development Regulations - City Planning Consultant (Exhibit 2). Council Member Watford asked whether Mr. LaRue had a better comfort level of the project now that the representatives have stated that they would agree to the PUD zoning; the completion of a full traffic impact analysis consisting of the entire project (2 multiple family parcels and 1 single family parcel); will be submitting by December 5, documentation in the form of a developers agreement with the OUA for wastewater capacity, water is not needed; will submit written documentation and has committed to work with the school board regarding the impacts; and finally, also submitted preliminary sketches of the entire project. Mr. LaRue responded it helps a little. The main area of concern is still whether or not the City already has enough Multiple Family Land Use designations. Council Member Watford noted his concern being the size and type of project within the area. Over a year ago the nine acres to the East was changed to Multiple Family and seems that this will have to be changed as well, since the developer can meet all necessary requirements. Mayor Kirk, Council Members Chandler and Markham noted that most of their concerns fall under the rezoning petition of the property. City Clerk Gamiotea requested the Council amend a paragraph which referenced the Land Planning Agency rather than the Planning Board. Council Member Watford moved to amend proposed Ordinance No. 961 to change the fourth paragraph wording referencing the Land Planning Agency to the Planing Board; seconded by Council Member Markham. VOTE TO AMEND KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED TO AMEND. VOTE AS AMENDED KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED AS AMENDED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 2:50 P.M. Council Member Watford moved to read by title only, and set December 5, 2006 as a final public hearing date for proposed Ordinance No. 962, amending the Land Development Regulations; seconded by Council Member Williams. tiwo V. OPEN PUBLIC HEARING - Chairperson A. Comprehensive Plan Map Amendment Petition No. 06 -012 -SSA - City Planning Consultant. 1. Motion to remove Comprehensive Plan Map Amendment Petition No. 06 -012 -SSA from the table. 2. Vote on motion. 3. Consider Comprehensive Plan Map Amendment Petition No. 06- 012 -SSA: Frank Altobello is the property owner. The application is to change the Future Land Use designation from Single Family (SF) to Multi -Family (MF) for property located between Southwest 6th and 2'" Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. - Planning Consul- tant. azo October 19, 2006 Planning Board/Board of Adjustment and Appeals - Page 2 of 10 CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:03 P.M. Consider Comprehensive Plan Map Amendment Petition No. 06 -012 -SSA: Frank Altobello is the property owner. The application is to change the Future Land Use designation from Single Family (SF) to Multi -Family (MF) for property located between Southwest 6th and 2°d Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Board Member Hoover moved to remove Comprehensive Plan Map Amendment Petition No. 06 -012 - SSA from the table; seconded by Board member McCoy. VOTE LEDFERD - YEA McCOY - YEA JUAREZ - YEA HOOVER - YEA KELLER - YEA O'CONNOR - YEA BURROUGHS - YEA MAXWELL - ABSENT MOTION CARRIED. Planning Staff Report Summary: A. Comprehensive Plan Analysis: As proposed, the applicant's _ request is not consistent with the Multi -Family Land Use category as intended in the Future land Use Element of the City's comprehensive Plan_ This is a location with inadequate traffic flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. B. Concurrency of Adequate Public Facilities: Water is available to the subject property but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby Land Uses: The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan: The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi -Family residential use at this time. Nearby vacant Multi -Family lands should be absorbed prior to further expansion of apartments at this location. Analysis and Conclusions: This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the note requirements set forth in Chapter 163 of the Florida Statutes. Staff does not recommend approval to amend the Future Land Use map from Single -Family to Multi -Family based on the above comments and the application's inconsistency with the City's Comprehensive Plan. October 19, 2006 Planing Board/Board of Adjustment and A als - Page 3 of 10 V. PUBLIC HEARING CONTINUED. ' A. 3. Comprehensive Plan Map Amendment. Petition No. 06 -012 -SSA, continued. Mr. Haynes Williams spoke on behalf of Mr. Altobello. Mr. Williams told the Board that due to surgery Mr. Altobello would not be present for this meeting. Mr. LaRue reported that this application is allowed based on size of property. This petition was first heard in May and withdrawn. The applicant as instructed by Mr. LaRue was looking at submitting this petition in a different direction. Upon further investigation it was decided by the applicant and developers of the property to proceed with the Comprehensive Plan Amendment as submitted. Mr. LaRue expressed concern about the traffic that would be generated by this development. The property from the South, North and West are Single Family. There is some concem regarding historical perspective to preserve Single Family. Department of Community Affairs, (DCA) states that Okeechobee City is projecting a larger population than is predicted by the State of Florida census. Board Member Burroughs inquired about the waste water capacity for the development. Mr. LaRue stated that no plan was submitted by the applicant for waste water. Board Member Burroughs asked whether the expansion of the waste water plant was in line with the development? Erie Engstrom. Chief Financial Officer for Royal Professional Builders replied that they are working with Okeechobee Utility Authority (OUA) on this matter, they have not signed a Developers Agreement, but they will be participating at the OUA November 7, 2006 meeting. Board Member McCoy asked Mr. LaRue whether there were any problems with DCA regarding the two Small Scale Comprehensive Plan Future Land Use Map Amendments that were submitted by Mr. Altobello one being contiguous to this property? Mr. LaRue replied that it has been a year since the last application was submitted and processed, and since Okeechobee was in an area of Rural Economic Concern, as appointed by Governor Bush, Small Scale Comprehensive Plan Future Land Use Map Amendment can cover up to 20 acres. This petition is clearly not a violation. Mr. Ledferd wanted to know why a traffic study is not part of the application for petition, since it is such a critical part of the equation. Mr. LaRue answered that the Board would see a complete Staff Report when this issue is required at application time. Board Member Burroughs said that it would be more applicable when we have that concurring aspect up front, in the future should we have concurrency reports from the applicant when they submit an application? +r t'. October 19, 2006 - Planning Board/Board of Adjustment and Appeals - Page 4 of 10 V. PUBLIC HEARING CONTINUED. A. 3. Comprehensive Plan Map Amendment Petition No. 06 -012 -SSA, continued. Jeff Sumner, representative of LBFH Engineering thanked Mr. LaRue for his tireless work to make a Planned Unit Development District (PUD) zoning fit this project. Unfortunately, PUD is in the Single Family category and will not work for this application. This development needs to provide Multi -Family housing. This project is to house the employees of the Royal Concrete Company that is being constructed on Highway 98 North. The company anticipates opening the plant during the second quarter of 2007, with the initial work force of 500 employees, coming mainly from the Palm Beach area. Within five years the work force is predicted to be at 1,300 to 1,500 employees. The developers have looked over the entire area of Okeechobee and found no affordable housing for the employees, this development will provide that affordable housing. Mr. Sumner also reported that a traffic study has been commissioned to include these parcels and the ten acres to the South. The developer is aware of the costs of accommodating traffic created by the development. We are not building this with the thought of "If we build this will they come." This is ' being build to accommodate the future employees of the Royal Concrete Plant. Mr. Sumner also said that the developers are willing to meet with Superintendent of Schools. Mrs. Cooper to discuss impact on the school system. The proximity of an elementary school to the project is a favorable point. Mr. LaRue told the Board that from a timing stand point, phase one needs to move along with the building of the Concrete Plant. The Traffic analysis will be available within one to two weeks. Board Member Burroughs asked about the phasing process. Last year phase one and this one phase two? Mr. Sumner replied that the rough date of phase one was several months away. We are working on permits. There are no wet lands on phase one. We could have 90 units in Phase one, but there will be only 74 units due to retention ponds. Phase two will have 76 units and Phase three there will be 52 units. The Concrete Plant will produce the material needed to build the housing for the development. Board Member Maxwell asked Mr. Engstrom whether the housing would be for lease or sale, and would it be available for the general public? Mr. Engstrom replied that they did not know for sure, but that the current goal was to accommodate employees only. He did state that it would not have deed restrictions. And there will be a property manager. X2-3 October 19, 2006 Planning Board/Board of Adjustments and Appeals Page 5 of 10 V. PUBLIC HEARING CONTINUED. A. 3. Comprehensive Plan Map Amendment Petition No. 06 -012 -SSA, continued. B. Rezoning Application No. 06-010-R - City Planning Consultant. 1. Motion to remove Rezoning Application No. 06-010-R from the table. Mr. Climaco Cardenas, Royal Architect and Design Of Urban Designer Planning explained to the Board the relationship of the plant and the housing development. These two entities are only one mile apart. We want to focus on quality of life. Employees who live in the development could ride their bicycles to work. The design of the housing is going to DCA for approval. We are also going to produce modular town homes. The plant can produce 4,000 units a year. Board Member Juarez inquired of the cost of the units. Mr. Cardenas said it was a good incentive to the employees. Our goal is not to make a profit from the employees. We are trying to provide quality. Chairperson Ledferd asked whether there were any further discussion. There was none. Board Member Burroughs moved to find Comprehensive Plan Map Amendment Petition No. 06 -012 -SSA consistent with the Comprehensive Plan, and recommend to approve to City Council; seconded by Board Member O'Connor. (See notation at the end of the minutes, Page 10 of 10) VOTE LEDFERD-YEA McCOY-YEA JUAREZ-YEA HOOVER - YEA KELLER - YEA MOTION CARRIED. BURROUGHS - YEA MAXWELL - YEA Rezoning Application No. 06-010-R. Frank Altobello is the property owner. The application is to change the zoning designation from Holding (H) to Residential Multiple Family (RMF) for property located between Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records .of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 Fast, Okeechobee County, Florida. Board member Hoover moved to remove Rezoning Petition No. 06-010-R from the table; seconded by Board Member Burroughs. /28 October 19, 2006 - Planning Board/Board of Adjustments and Appeals - Page 10 of 10 B. Consider an LDR Amendment regarding Section 90-486 Special Excep- tion for Semitrailers and Commercial Vehicles within Residential Zoning Districts. - City Attorney 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 IA ith 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 tapes are for the sole purpose of backup for official records of the Depart- ment. William Ledferd, hairperson ATTEST; ,- i Betty d lement, Secretary Attorney Cook, addressed the Board stating regarding a proposed amendment to Sec. 90-486 that he did not feel that the Board was to keen on the idea of this LDR Amendment so he removed it from the Agenda to allow Semitrailers and Commercial Vehicles to park within Residential Zoning Districts upon the receipt of a Special Exception. The Board discussed the amendment at length at their September 21, 2006 meeting. The Board advised Attorney Cook to review the LDR and rework the existing verbage. The Board felt that the LDR was not specific enough to cover an area large enough to turn the large vehicles around without using easement and City property. Attorney Cook advised that, based on the discussion, he would explain to the City Council that the Board does not recommend making any changes to the Code at this time. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:07 P.M. Notation regarding Application No. 06 -012 -SSA. Due to confusion as to whom was and was not a voting member on this issue, a second was made by an alternate member prior to him being removed from regular voting status. Mr. Maxwell entered the chambers during the discussion of this item. Mr. O'Connor had been moved to a voting member position at the beginning of the meeting. The Board Secretary called the error to the Chairs attention that an alternate was seconding a motion when the voting member, he was sitting in for, had arrived, and therefore should be placed back as a non-voting member. Since the Chair had not officially noted that the alternate was no longer a voting member and second to the motion was not called for by another member, the second will remain by Mr. O'Connor. The clarification was made prior to the vote being taken, therefore Mr. Maxwell was now a voting member, but remained silent during the vote. A silent vote is a yea vote due to the method in which the votes are cast for this board. The motion to recommend approval remains the same as the majority of the votes were cast and the motion was carried. • • • • 1375 Tar.kgon Street, Suite 206 Fort--��;;-- Florida 33901-2845 2. Phone: iy-334-3366 Fax: 239-334-6384 Email: larue-planning a,att.net LaRue Plannirg & Management Services, Inc.. Staff Report- Small Scale Comprehensive Plan Amendment Prepared for • The City of Okeechobee Applicant: FrankAltobello c/o Jeff Sumner Petition No. 06 -012 -SSA 4m/isiejelsaiPat Staff Report Small -Scale Comprehensive Plan Amendment Applicak Altobello c/o Jeff Sumner Petition No. 06 -012 -SSA General Information... Applica ` Applicant Address: AN -G.186 Owner Address: Future Land Use Map Classification Use of Property Apr;ge Legal Description: Not provided `Fid, Altobello Box 417 Okeechobee, Fl. 34973 n Single Family Vacant ropos Multi -Family Multi family housing An unplatted parcel of land, shown as the railroad grounds, lying within the plat of the City of Okeechobee, as recorded in Plat 5 Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as followed: Commence a the southwest corner of that parcel of land described in OR Book 452 Page 1439, Public Records of Okeechobee County, Florida and bear S 89°53'11" W along the north right-of-way line of SW 6`t' Street, to the intersection with the east line of Block 202, City of Okeechobee, a distance of 1010.82 feet; Thence bear N 00°04'58" W, along the east line of Block 202, a distance of 547.44 feet to the point of beginning; Thence continue N 00°04'58", a distance of 547.44 feet to the northeast corner of Lot 3, Block 202, City of Okeechobee; Thence bear N 89°54'50" E to the Southeast corner of that parcel of land described in OR Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of 704.88 feet; Thence bear N 00°04'58" W, a distance of 398.57 feet to the intersection with a curve in the southerly right-of-way of Southwest 2"d Avenue; said curve concaving to the northwest, having a radius pf 402.71 feet, a delta angle on 11°11'52" and a long chord bearing N 62°11'52" and a long chord bearing N 62°53'33" E, a distance of 78.58 feet; Thence along arc of said curve a distance of 78.71 feet; Thence bear S 00°04'58" E, a distance of 534.67 feet; Thence bear S 89°54'50" W, a distance of 49.69 feet; Thence bear S 00°06'02" E, a distance of 447.26 feet to the point of beginning. 1 Staff Report Small -Scale Comprehensive Plan Amendment ApplicaE k Altobello c/o Jeff Sumner Petition No. 06 -012 -SSA Request::: The matter for consideration is for an Amendment to the City of Okeechobee's Future Land Use Map from Single Family to Multi -Family to allow a multi -family housing development on the subject property. Based on the size of the property (9.89 acres), this application qualifies under Chapter 163, F.S., as a Small -Scale Amendment to the Comprehensive Plan. This application was heard before you in May of this year. Concurrent with the request, the applicant is also requesting a rezoning for the subject property from Holding to RMF. Adjacent Future Land Use Map classifications and. Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family, RSF-1 Single family East: Future Land Use Map ,Classification: Multi -Family <, R-3 Vacant Zoning District: Existing Land Use: South: ` Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: Vacant West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family RSF-1 Single family and, Vacant Summary: This property is located next to property on the eastern border that was changed to Multi -Family Future Land Use. As can be seen above, the surrounding properties are designated Single Family on the Future Land Use Map. The applicant is requesting the Multi -Family Future Land Use Future Land Use category to develop 9.89 acres of land as a multi -family development. The entire parcel consists of 18.640 acres. The subject property was divided out and proposed for the Multi -Family category which would allow apartments, duplexes, and condominiums at a maximum density of 10 units per acre. In other words, this could allow the applicant to develop up to 99 units on the property. In August, Staff met with the applicant's representatives to determine the best possible use of the land. It did appear that the applicant is contemplating combining the subject property (18.640 acres) with the property which we granted a Future Land Use Map change to Multi -Family Last year (10.240 acres) for a total of 28.88 acres. As an alternative, this site could be developed as a stand alone multi -family development. 2 Staff Report Small -Scale Comprehensive Plan Amendment Applicai ik Altobello c/o Jeff Sumner Petition No. 06 -012 -SSA Comprehensive Plan; Analysis A. Consistency with the Land Use Categories and Plan Policies. The applicant's request is not consistent with the Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. This is a location with inadequate traffic flow capability especially if the parcel stands alone. The applicant still has not provided an analysis of the traffic impacts and potential incompatibility with the other Single Family uses in the area. B. Concurrency of Adequate Public Facilities Water is available to the subject property and sewer availability has been confirmed verbally. It is still unclear as to whether plant expansion improvements would be needed. Also, impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby Land Uses The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi -Family residential use at this time. There is no population "needs" analysis indicating that the city needs further multi -family development, especially at this location. Impacts should be analyzed before the applicant is allowed continue. Analysis and Conclusions This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statutes. Staff does not recommend approval to amend the Future Land Use Map from Single -Family to Multi -Family based on the above comments and the application's inconsistency with the City's Comprehensive Plan. Maps or Diagrams Submitted by: James G. LaRue, AICP October 11, 2006 3 July 14, 2006 Jeff Sumner LBGH 763-8999 Spoke with Jeff Sumner of LBFH regarding 06 -012 -SSA and rezoning for 06-010-R for Frank Altobello, Trustee. He is waiting confirmation with his customer and will give me written determination of the two petitions. Betty zoo V. CONSIDER LAND DEVELOPMENT REGULATION (LDR) AMENDMENTS CONTINUED. A. Consider amending Section 90, Division 6, Commercial Professional and Office (CPO) District regarding Section 90-222 permitted uses to broaden the truck weight limitation continued. B. Requests for any amendments to the City's LDR's - Chairperson. VI. OPEN PUBLIC HEARING TO CONSIDER SMALL SCALE FUTURE LAND USE MAP AMENDMENTS - Chairperson. A. Comprehensive Plan Future Land Use Map Amendment Application No. 06 -012 -SSA. Consider a recommendation to the City Council to change the land use designation for an unplatted parcel of land shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, from Single Family (SF) to Multi -Family (MF). The subject property is located between Southwest 2" and 6's Streets. The application was submitted by Jeff Sumner and/or Ken Treadwell on behalf of property owner Frank Altobello, Trustee - City Planning Consultant. MAY 23, 2006 - LAND PLANNING AGENCY - PAGE 4 OF 15 VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA JUAREZ - YEA BURROUGHS - YEA JOHNS - YEA MOTION CARRIED. Chairperson Ledferd asked whether there were any requests for amendments to the City's LDR's. There were none. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING TO CONSIDER SMALL SCALE FUTURE LAND USE MAP AMENDMENTS AT 7:05 P.M. Mr. LaRue briefly reviewed the Staff Report as follows: Planning Staff Report Summary: The applicant is requesting the Multi -Family Future Land Use Future Land .Use category to develop 9.89 acres of land as a multi -family development. The Multi - Family category would allow apartments, duplexes, and condominiums at a maximum density of 10 units per acre. This could allow up to 99 units on the subject property. The only access for this property seems to be on 2nd Street. This location and narrow access outlet is not a desirable opportunity to convert this property to Multi -Family. Planning Staff Report Comprehensive Plan Analysis: (A) As proposed, the applicant's request is not consistent with the Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. This is a location with inadequate traffic flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. (B) Water is available to the subject property but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. (C) The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. (D) The City's Comprehensive Plan Goals, Objectives and Policies, as they are • May 23, 2006 - Land Planning Agency VL SMALL SCALE AMENDMENT PUBLIC HEARING CONTINUED. A. Comprehensive Plan Future Land Use Map Amendment Application No. 06 -012 -SSA continued. Page 5 of 15 Planning Staff Report Comprehensive Plan Analysis: (D) continued: intended, do not support change to Multi -Family residential use at this time. Nearby vacant Multi -Family lands should t absorbed prior to further expansion of apartments at this location. a e Planning Staff Report Analysis and Conclusions: This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statutes. Staff does not recommend approval to amend the Future Land Use Map from Single -Family to Multi -Family based on the above comments and the application's inconsistency with the City's Comprehensive Plan. Mr. LaRue explained that the Department of Community of Affairs (DCA) limits one owner per under 10 acre parcel considered for Comprehensive Plan Future Land Use Small Scale Map Amendments, and this property is contiguous with another property which had already been approved for the Comprehensive Plan Future Land Use Small Scale Amendment by the same owner. Attorney Cook clarified that the limitations by DCA are to prevent large land owners from piecing the property into under 10 acre parcels to have the Small Scale Map Amendments approved. Mr. LaRue suggested that this property be considered as a Large Scale Amendment. Mr. Haynes Williams represented Mr. Altobelio, and requested this item be tabled so the applicant can confer with Mr. LaRue in regards to considering a Planned Unit Development (PUD). There was no further discussion. Agency Member Burroughs moved to table Comprehensive Plan Future Land Use Map Amendment Application No. 06 -012 -SSA until the June 27, 2006 meeting; seconded by Agency Member Hoover. ti VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA JUAREZ - YEA BURROUGHS - YEA JOHNS - YEA MOTION CARRIED. Re pr -e a-;4 t u� \C, acO10 Ptc.no LnC) ` Ct 137 — Ison St- Suite 206 Forkikiers, Florft:± 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net LaRue Planning & Mana:ement Services, Inc. Staif Report - Small Scale Comprehensive Plan Amendment Preparedfor: Applicant: Petition No. The City of Okeechobee FrankAltobello c/o JeffSumner 06 -012 -SSA Staff Report Small -Scale Comprehensive Plan Amendment ApplicaffL:frank AlttfUt;Mo c/o Jeff Sumner Petition No. 06 -012 -SSA General Information Applicant Address: '.Applicant, , ' e Owner Address: Not provided Box 417 Okeechobee, FL 34973 Future Land Use Map Classification Use of Property Single Family Vacant Multi -Family Multi family housing Legal Description: An unplatted parcel of land, shown as the railroad grounds, lying within the plat of the City of Okeechobee, as recorded in Plat 5 Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as followed: Commence a the southwest corner of that parcel of land described in OR Book 452 Page 1439, Public Records of Okeechobee County, Florida and bear S 89°53'11" W along the north right-of-way line of SW 6`" Street, to the intersection with the east line of Block 202, City of Okeechobee, a distance of 1010.82 feet; Thence bear N 00004'58" W, along the east line of Block 202, a distance of 547.44 feet to the point of beginning; Thence continue N 00°04'58", a distance of 547.44 feet to the northeast corner of Lot 3, Block 202, City of Okeechobee; Thence bear N 89°54'50" E to the Southeast corner of that parcel of land described in OR Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of 704.88 feet; Thence bear N 00°04'58" W, a distance of 398.57 feet to the intersection with a curve in the southerly right-of-way of Southwest 2°d Avenue; said curve concaving to the northwest, having a radius pf 402.71 feet, a delta angle on 11°11'52" and a long chord bearing N 62°11'52" and a long chord bearing N 62°53'33" E, a distance of 78.58 feet; Thence along arc of said curve a distance of 78.71 feet; Thence bear S 00°04'58" E, a distance of 534.67 feet; Thence bear S 89°54'50" W, a distance of 49.69 feet; Thence bear S 00°06'02" E, a distance of 447.26 feet to the point of beginning. 1 Staff Report Small -Scale Comprehensive Plan Amendment Applicant! Frank AhUU!llo c/o Jeff Sumner Petition No. 06 -012 -SSA Re • uest: The matter for consideration is for an Amendment to the City of Okeechobee's Future Land Use Map from Single Family to Multi -Family to allow a multi -family housing development on the subject property. Based on the size of the property (9.89 acres), this application qualifies under Chapter 163, F.S., as a Small -Scale Amendment to the Comprehensive Plan. This property is located next to property on the eastern border that recently was changed to Multi -Family Future Land Use. Other surrounding properties designated are Single Family. Concurrent with the request, the applicant is also requesting a rezoning for the subject property from Holding to RMF. Fi •'-L. •U -M.� Zn •D t' Zoning District: RSF-1 Zoning District: R-3 p Clasfcat Zoning District: Holding Ing"' Zoning District: RSF-1 Summary: The applicant is requesting the Multi -Family Future Land Use Future Land Use category to develop 9.89 acres of land as a multi -family development. The Multi -Family category would allow apartments, duplexes, and condominiums at a maximum density of 10 units per acre. This could allow up to 99 units on the subject property. The only access for this property seems to be on Second Street. This location and narrow access outlet is not a desirable opportunity to convert this property to Multi -Family. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request is not consistent with the Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. 2 Staff Report Applicant: Frank AlttttWIlo c/o Jeff Sumner Small -Scale Comprehensive Plan Amendment Petition No. 06 -012 -SSA This is a location with inadequate traffic flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. B. Concurrency of Adequate Public Facilities Water is available to the subject property but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby Land Uses The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi -Family residential use at this time. Nearby vacant Multi -Family lands should be absorbed prior to further expansion of apartments at this location. Anal sis and Conclusions This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statutes. Staff does not recommend approval to amend the Future Land Use Map from Single -Family to Multi -Family based on the above comments and the application's inconsistency with the City's Comprehensive Plan. Maps or Diagrams Submitted by: James G. LaRue, AICP May 16, 2006 3 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: 44 I P,4 ! 0 L, Petition No. Qp -• 01 " ',L °. Fee Paid: 5 yap , 00 Jurisdiction: L,rA a C C. 1st Hearing: 5 I.P., j o „, 2nd Hearing: (4 / Co 1 (F' Publication Dates: Lpk 9 s, 1 MD CC, : 5/2 Notices Mailed: ) `: Contact person daytime phone(s): 513.763. $'iqq/54 / .71 • Oq O l Fax: gb3.?43.64,9Z Comprehensive Plan Map Amendment Application /S.mall Please Check One: Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) V Name of property owner(s): t=jt,anJ K A L-ro R C c 2.D 1 R K$ rt E. A P Ic Owner mailing address: "Bo x Il d rett,Ho�6aF, l=c. 3-14173-0417 IA Name of applicant(s) if other than owner (state relationship): Applicant mailingaddress: _ A lc T --' Name of contact person (state relationship): JEFF SuMAJE.RZ / f j I efA ,AL1. Contact person daytime phone(s): 513.763. $'iqq/54 / .71 • Oq O l Fax: gb3.?43.64,9Z ;fie 6 '1p3-croq�) • 54,1.796.480 ✓ Property address / directions to property: 0 5. Id 2. - STletz Er Parcel Identification Number: -.21- 37 -35- 0A00-00006- 00 00 Size of the Property (in acres): 9. g 9 ACRES - Alt4 ff/1/V4'5 -RA/ M air - Current Zoning Designation: ok.;N14 R O, P E R. T yMui.; Current Future Land Use Designation: 5F 1 At►'L Le-C(ztnLl Existing Use of the Property: \ / n/ j Vi�1 CFE Proposed Future Land Use Designation: M F I'`( uLasi - (:;o-m(� Proposed Use of the Property: ; F./iv/AY FE s; Z,e tin'ht. Description of Surrounding Properties: M r1 1.7 ; h ; L.Y t CaM M G ke ;AL, ZNSTiM1es, &JRL CON" 01) A -Wb RES1 hF-AJ77A4 Legal Description of the Property (Lengthy Description May be Attached): SEE ArrACHEb tXNi'Rli Uniform Land Use Application (rev. 12/03) Page 1 of 2 Required Attachments Survey of Property (11" x 14", 20" Scale) Letter Outlining Request t Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. ' y(' t ' i ?,44/e /42..-flidE&Lo 11/7---1/(' Signature Printed Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 April 21, 2006 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, FI 34974-2903 Re: Comp Plan Amendment and Rezoning Request Northwesternmost 9.9+/- Acres of Parce #2-21-37-35-0A00-00006-0000 To Whom It May Concern: This letter hereby outlines the my request as property owner to rezone the above referenced parcel from Holding to RMF, and amend the comprehensive plan map from SF -1 to MF as outlined in the attached applications. Please contact me if you should have any questions, or require any additional information. Thank you for your consideration of this request. Sincerely, Frank Altobello Trustee (Owner) 18.64 RC Okeechobee County Property Appraiser - Map Printed on 4/20/2006 3:57:13 PM Page 1 of 1 6 17 18 9 20 50 I14 5° 15 6 17 18 19 20 121 22 23 24 50 70 1!)) 16117 18119 20 53.8 5 4 3I 2 1 16 E 17 18 19 20 50 52.5 16 17 18 19 20 5061.4 3 4 5 6 7 8 9 10 11 12 12-1 14 15 16 17 OF 85 80 8 89 25 26 50 10 98 88 11 4i5 7 A00-00006-0000 FRANK TRUSTEE 18 19 20 21 22 23 150 24 1- 744 -r) (6C) 4 it I 1 215,20 1.1\1 1, 18 97 .285 R 1R 2.42 RC .C.L. RR (PAR. 3) 24].113 5 1.64 AC 10.24 RC (CRLC.) 5.13 Okeechobee County Property Appraiser W.C. "Bill" Sherman. CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 2-21-37-35-0A00-00006-0000 - NON AG ACR (009900) THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF THE NORTH RIGHT-OF-WAY OF Name:ALTOBELLO FRANK TRUSTEE LandVal $458,940.00 Site: 0 SW 2ND ST, Okeechobee BldgVal $0.00 Mail: BOX 417 ApprVal $458,940.00 OKEECHOBEE, FL 349730417 JustVal $458,940.00 Sales 4/16/2003 $0.00 V / U Assd $458,940.00 Info 4/16/2003 $0.00 V / U Exmpt $0.00 Taxable $458,940.00 110 220 330 ft This information, Last Updated: 4/10/2006, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.com/GIS/Print_Map.asp?pjboiibchhjbnligcafceelbjemnolkjkaibfepfga... 4/20/2006 LEGEND RBF - Rebar' Found RBS - Rebar W/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument (P) - As per the plat of (F) - Field Measurement (D1 - As per the deed (C) - Calculation NOTES: 1. Basis bearing SW 6TH STREET 2. Bearings ASSUMED 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4. NO DESCRIPTION EXIST STREET ADDRESS: N/A CERTIFIED TO: ROYAL PROFESSIONAL BUILDERS. INC. DESCRIPTION: AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE. AS RECORDED IN PLAT 5 PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21 TOWNSHIP 37 SOUTH RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OR BOOK 452 PAGE 1439, PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA AND BEAR S89°53°11"1,1 ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6TH STREET. TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET ; THENCE BEAR NOO°04'58W,ALONG THE EAST LINR OF BLOCK 202,A DISTANCE OF 547.44 FEET. TO THE POINT OF BEGINNING; THENCE CONTINUE N00°04'58", A DISTANCE OF 547. 44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; THENCE BEAR N89°54'50'E, TO THE SE CORNER OF THAT PARCEL OF LAND DESCRIBED IN OR BOOK 293 PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 704. 88 FEET; THENCE BEAR NOO°O4'58"W, A DISTANCE OF 398.57 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY OF SOUTHWEST 2ND AVENUE: SAID CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402. 71 FEET, A DELTA ANGLE OF 11°11'52" AND A LONG CHORD BEARING N62°53'33'E, A DISTANCE OF 78.58 FEET; THENCE ALONG ARC OF SAID CURVE A DISTANCE OF 78. 71 FEET; THENCE BEAR SOO°04'58"E, A DISTANCE OF 534.67 FEET; THENCE BEAR S89°54'50'W, A DISTANCE OF 49.69 FEET; THENCE BEAR SDO°06'02°E, A DISTANCE OF 447.26 FEET; THENCE BEAR S89°53'58°W, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGINNING. - 4 f e de. LELAND OYALS. RLS 2084 • U J Q — Z to LU c W CD Q CC CL CO 0 N&T 0 0 SOUTH PARK STREET BLOCK 200 SOUTHWEST 2ND AVENB 150' 2 3 4 10 6 O 7 Q Q 8 9 5 0 21, $ 22 35 m 23 NST RBF CNF N00°04'58'N 547. 44 889' 54' 50' E 704. 88' AREA= 9. 89 ACRES POINT OF BEGINNING Res S89°53'58'8 725 33' 01 Fl RBS 589'54' RBS T I ,i T / QiT i T QPM � T I T i I S89°53'11'8 725. 50' 989'53' 11' W 1495. 69' SW 6TH STREET CENTERLINE 70' 0'X 49. 69' RBS 905 ▪ t 3t of o f 2t S89° 51' 52' N 249. 91' 589.53'11.8 205. 32' OR BOOK 452 PGE 1439 11. POINT OF COMMENCEMENT ABF 0 SPIKE kg 01 O CU V 9 F a/Pg.: 81/49 a STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Thaddeus L. Cohen, AIA Govemor Secretary December 6, 2006 Mr. James G. LaRue, AICP, Planning & Zoning Official LaRue & Management Serices, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Dear Mr. LaRue: PLE Thank you for submitting copies of the City of Okeechobee Small Scale Development Plan Amendment, adopted by Ordinance No(s) 961 on 11/7/06 for our records. The reference number for this amendment package is 06SO4. The Department will not conduct a compliance review or issue a Notice of Intent regarding the adopted small scale development plan amendment in accordance with procedures contained in Section 163.3187(3)(a), Florida Statutes. If you have any questions, please contact Debi Johnson at (850) 922-1769. DRE/ts cc: Patricia M. Steed, AICP, Executive Director Central Florida RPC Lane Gamiotea, City Clerk Sincerely, 0,4 D. Ray Eubanks Plan Review & Processing Administrator OIN 1d-n-9.o01p a P. :FWois ier., . 40 ahuudnu,r4 QSk 0(0- R©20pata. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fi.us FLORIDA KEYS Area of Critical State Concern Field Office 2796 Overseas Highway, Suite 212 IAerulf..., CI., i4 Q'211G4 ^erf7 -55/1 LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 FILE COPY e-mail: larue-planning@att.net November 30, 2006 Mr. D. Ray Eubanks, Plan Processing Administrator Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Subject: City of Okeechobee Small Scale Comprehensive Plan Amendment #06 -012 -SSA Dear Mr. Eubanks: In accordance with §163.3187(1)(c) 2., F.S, the City of Okeechobee is pleased to submit a Small Scale Comprehensive Plan Amendment adopted by the City of Okeechobee City Council. The City Council passed Ordinance No. 961 during its meeting of November 7, 2006. Additionally, the Local Planning Agency received this amendment and recommended it for approval on October 19, 2006. As acreage for this parcel is less than ten acres (Ordinance No. 961 = 9.89 acres) this information is being transmitted for informational purposes only, and does not require review by your agency. Please contact us if further information is required. Sincerel O James G. LaRue, AICP Planning and Zoning Official JGL:glp cc: Patricia Steed, CFRPC William Royce, Okeechobee County Planning Director John Cook, City Attorney Lane Gamiotea, City Clerk \\Laruel\document\Okeechobee-city\2006\Correspondence\11-06 Eubanks (06-012-SSA).doc SMALL SCALE DEVELOPMENT AMENDMENT SUBMITTAL FORM 1. Name of Local Government City of Okeechobee Person completing this form James G. LaRue Phone No. 239-334-3366 Name of Newspaper that notice of small scale development amendment was published The Okeechobee News Date Publication Noticed May 15, October 4, 5, and 27, 2006 (Please attach copy of notice) 2. Number of acres of small scale development amendments contained in package: a. Within Urban Infill, Urban Redevelopment or Downtown Revitalization as defined by Section 163.3164, FS b. Within Transportation Concurrency Exception Area pursuant to Section 163.3180(5), FS c. Within Regional Activity Centers or Urban Central Business Districts pursuant to Section 380.06(2)(e), FS d. Outside categories a., b. and c. 9.89 3. Cumulative total number of acres of small scale development amendments for the calendar year: a. Categories listed in Item 2 a, b, and c. above b. Categories listed in Item 2 d above 25.4816 4. Total number of acres of small scale development amendments in this package that are located within a coastal high hazard area as identified in the comprehensive plan Pursuant to Rule 9J-11.015(2), Florida Administrative code, this form must be mailed with all small scale development amendments as defined by Section 163.3187(1)(c), Florida Statues to: DEPARTMENT OF COMMUNITY AFFAIRS PLAN PROCESSING SECTION 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 488-4925 C:\DOCUMENT\ADMIN\FORMS\Comp Plan\SMALL SCALE DEVELOPMENT AMENDMENT.doc Prepared By and Return To: J. Richard Harris, Esquire Scott, Harris, Bryan, Barra & Jorgensen, P.A. 4400 PGA Boulevard, Suite 800 Palm Beach Gardens, Florida 33410 Our File No. 43011 111111111111IIIII11111IIIIIIIIIIIIIIIIIIIIIIII1111111111 III FILE NUM 20106 OR B1: 00617 P SHARON ROBERTSON, CLERK 0 OKEECHOBEE COUNTY, FL RECORDED 11/30/2006 12:46 RECORDING FEES 35.50 DEED DOC 5,334.40 RECORDED BY R Parrish P95 0635 - 6331 (4p95) tefirr°,1,4"-' -----====--===--- Property Control No. R 2-21-37-35-OA00-00006-0000 WARRANTY DEED II'' THIS WARRANTY DEED, made this o?ar/V ei day of ofe.N2 , 2006, between Frank Alto1 ;� rustee of the Frank Altobello Charitable Remainder Trust III datedl 1 003, as to a 2/3 interest; and Mildred Frances Altobello, as to a 1/3 inter hereinafter called the Grantors, whose mailing address is est 9f' ce Box 417 e, Florida 34973 to Royal Professional hereinafter called the Grantee, whose mailing address is 8120 Belvedere Road, Suite 3 West Palm Beach, Florida 33411 Florida corporation (Wherever used herein the terms "Grantors" and "Grantee" are used for singular or plural, as context requires and include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) ''19797 063'5 F CIRCUIT COURT WITNESSETH, that the said Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in the County of Okeechobee, State of Florida, to -wit: ALL THAT PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. XL1IBIT.' :21 PTI Book617/Page635 CFN#2006019797 Page 1 of 4 THE SUBJECT PROPERTY IS NOT THE HOMESTEAD OF THE GRANTORS, NOR IS IT CONTIGUOUS 'THERETO AND BOTH OF THE GRANTORS RESIDE AT 1105 SOUTH PARROT AVENUE, OKEECHOBEE, FLORIDA 34974. SUBJECT TO restrictions, reservations, covenants, conditions and easements of record; taxes for the year 2007 and the years subsequent thereto; and all applicable laws, ordinances, and governmental regulations, including without limitation, zoning and building codes and ordinances. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the said Grantors do hereby fully warrant title to said land, and will defend the same against the lawful claims of g11-ptrsons whomsoever. IN WITNESS W1 1 R and year first above writte Signed, sealed and delivered in the pres nce of: A be, ...—.4.takei ''' 411464.0.111. W.tne'as/Frank • Itobello Gly" i % lams (print name of witness) the said Grantors have signed and sealed these presents the day Witness as to F,ranli Altobello 3& a i Wl /Ii t ii (print nam of witness) (print ✓oMlldre C3 ame of witnes Frances Altobello Wness as to 4IMi ld ed Frances Altobello 1,4 JL a r 1]i'1vu-3 (print name of witness) r i rank Altobello, as Trustee of the Frank Altobello Charitable Remainder Trust 'III dated April 16, 2003 Mildred Frances Aitobello Book6171Page636 CFN#2006019797 Page 2 of 4 STATE OF FLO UDA COUNTY OF O1eec� Thee foregoing instrument was acknowledged before me this; /day ofAi /ewiko', 2006, by Frank Altobello, as Trustee of the Frank Altobello Charitable Remainder Trust III dated April 16, 2003. s\SANOw ..< 44.1CV 587035: Personally Type of Id STATE OF FLe,DDA wrt NOT: RY PUBLIC 5L(Sa N M)//x9 (Print Name) My Commission Expi es: //'/t -/D Commission No.: 7d3s- OR Produced Identification n(ifica ':n Produced COUNTY OF /1< The foregoing instrume �o I 2006`` 11410 Rid Frances Altobello. � Spit a/ ... s' . :4 o. dged before me thisoZiei day of itioverkfirr Y PUBLIC 3L&2 Williu /46 (Print Name) My Commission Expires: 11"1 "it) Commission No.: 5,5763-- Personally 87 33 -- Personally Known X OR Produced Identification Type of Identification Produced Book617/Page637 CFN#2006019797 Page 3 of 4 EXHIBIT "A" LEGAL DESCRIPTION AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS 'FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORID AND BEAR SOUTH INTERSECTION LONG THE NORTH WITH THE EAST ILINET-OF-WAY OF BLOCK 202, LINE 6202, CITY OF STREET, TO THE OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH ►,1°•, :" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FE , T t HE POINT OF BEGINNING; THENCE CONTINUE NORT 10°0. 58" WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF L• :.' •CK 202, CITY OF OKEECHOBEE; THENCE BEAR NORTH 89°5'.64T • THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R.: • b9 -, " • GE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 7 : FEET; THENCE BEAR NORTH 00°04' : it ST, A DISTANCE OF 398.67 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY OF SOUTHWEST 2ND STEET; SAID CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11°11'52" AND A LONG CHORD BEARING NORTH 62°53'33" EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00°04'58" EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89°54'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89°53'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGINNING. CONTAINING 9.90 ACRES, MORE OR LESS. Book617/Page638 CFN#2006019797 Page 4of4 Citi of Okeechobee Office of the City Clerk November 8, 2006 Honorable Celeste Watford Okeechobee County Tax Collector's Office 307 Northwest 5th Avenue Okeechobee, Florida 34972 (1_,L4Sk Dear Mrs. lam: Enclosed herewith please find a copy of adopted Ordinance No. 961, approving Comprehensive Plan Future Land Use Map Small Scale Amendment Application No. 06 -012 -SSA, re -designating 9.89 acres of vacant property located between Southwest 2"d and 6th Streets, City of Okeechobee Subdivision, from Single Family (SF) to Multi - Family (MF). This copy is for your records. Should you require any additional information please contact my office at 863-763-3372 ext. 215. With best regards, I am Sincerely, Ca_ Lane otea, CMC City Clerk Enclosure LG/me 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 City of Okeechobee Office of the City Clerk November 8, 2006 Honorable W.C. Sherman Okeechobee County Property Appraiser's Office 307 Northwest 5th Avenue Okeechobee, Florida 34972 Dear Mr. • - an Enclosed herewith please find a copy of adopted Ordinance No. 961, approving Comprehensive Plan Future Land Use Map Small Scale Amendment Application No. 06 -012 -SSA, re -designating 9.89 acres of vacant property located between Southwest 2nd and 6th Streets, City of Okeechobee Subdivision, from Single Family (SF) to Multi - Family (MF). This copy is for your records. Should you require any additional information please contact my office at 863-763-3372 ext. 215. With best regards, I am Sincerely, r; Lane iotea, CMC City Clerk Enclosure LG/me 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 City of Okeechobee Office of the City Clerk November 8, 2006 Mr. Jim LaRue LaRue Planning and Management Services, Inc. Tidewater Building 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 Dear Mr. LaRue: Enclosed herewith please find a certified copy of the following (in order for you to forward to the Department of Community Affairs): Ordinance No. 961 adopting Small Scale Amendment Application No. 06 -012 -SSA, the October 19, 2006 Planning Board/Board of Adjustment and Appeals minutes and the proof of publications. Also, included is a copy of each of the above documents for your records. As soon as the November 7, 2006 City Council minutes are completed a copy will be forwarded to you. With best regards, 1 am Sincerely, Lane miotea, CMC City Clerk Enclosures LG/me cc w/enclosures: Frank Altobello 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 ?c1x goVeR MCCT Name: Jeff Sumner Organization: LBFH Fax: 763-6692 Phone : 763-8999 From: Lane Gamiotea Date: November 7, 2006 Subject: Altobello's SSA & Rezoning - today's agenda Pages: 5, including this page Comments: Jeff, I thought it might help if you had a copy of the agenda for today- remember the meeting starts at 2:00 p.m. Your items are "VIII. A." Ord 961 for the small scale amendment and "IX. B." Ord 962 for the Rezoning. A copy of the ordinances were mailed to Mr. Altobello for review, I'm not sure if you got them, if you want to review a copy before the meeting, call and I can either email them, fax them or give you a copy at the meeting. One change i will be making is a typo on Ord 961, the third "whereas" paragraph has a reference to the Land Planning Agency, this is old language that did not get changed to Planning Board. Thanks and we look forward to seeing you today! From the desk of... Lane Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 (863) 763-3372 ext. 215 (863) 763-1686 Fax Igamiotea@cityofokeechobee.com www.cityofokeechobee.com Citi of Okeechobee Office of the City Clerk October 31, 2006 Mr. Frank Altobello, Trustee Post Office Box 417 Okeechobee, Florida 34973-0417 Dear Mr. Altobello: Please be advised that the City Council of the City of Okeechobee will conduct a Final Hearing regarding the Comprehensive Plan Future Land Use Map Amendment Application No. 06 -012 -SSA submitted by you. The Public Hearing is scheduled for Tuesday, November 7, 2006, 2:00 p.m. Enclosed herewith please find a copy of the proposed Ordinance No. 961. I ask that you review the document thoroughly and call me with any questions you may have. A final signed copy will be forwarded to you after the adoption process. If you or a representative cannot attend this hearing please contact my office at (863) 763-3372 ext. 215. With best regards, I am Sincerely, Ctia rinZlOt- Lane Gamiotea, CMC City Clerk LG/me Enclosure Return Receipt Requested CMR #70060100000665511066 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Frank Altotello, Trustee Post Office Box 417 Oceectiee, Florida 34973-0417 COMPLETE THIS SECTION ON DELIVERY A. Signature „,{sya__.._ Addressee D❑U Agent ` h. — '.'C.• Received by (Printed Name) C. Date of Delivery CBd x)�i / L_o D. Is delivery address different`frona:iten--19 .1:3 Yes If YES, enter delivery add5s§(below: 3. Se ice Type Fid Certified Mail O Registered ❑ Insured Mail O ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. C6 -6y677_ A. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, August 2001 'Nip 0/Old Dt:%/ 1,55/ IN4 Domestic Return Receipt 102595-02-M-1540 suollonalsul a0a asaanaa a0S ZOOZ aunt'009E wand Sd - 60- 962 f +dIZ •aa a$ '40 'oN Xoa Od Jo 1)N 7dv 'law s 01,1(10$ aaaH Naewlsod saad 8 a6visod leaol (paalnbab luewasaopug) aed AJe iiaa moppet] (pannbad luewasaopug) ead ldlaoaa wnlod 004 palllu03 e6e4sod ewoo•sdsn•MMM le e1lsgeM mo lls!A uoeewjolul (JaAllap Jo4 (papino.rd e5eJano0 aoueJnsul oN MluQ II&AJ of;sewoa) 1d13338 1N1lIVIAI a31311a33 Wkeal'AMOs ie}sod •s•fl 00TO 900L 990T 2559 9000 Public Notice 5005 1 ne Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a r_T in the matter of 1 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of fcla77r 6 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 further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement fot,publication in the said newspaper. Sworn/o day of d subscrib d before me this rX A.D. 20 C t.Z/1; 1/ft _4.__ AL Notary ' blic, State of Florida at Large Public Notice 5005 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, November 7, 2006 at 2:00 p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and thereafter to consider final reading of the following Ordinance into law: N0. 961: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE N0.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTIFAMILYMF ; PROVIDING FOR INCLUSION OF ORDINANCE AND RE- ' VISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. The Ordinance pertains to Application (Na. 06 -012 -SSA) requesting to amend a por- tion of the Comprehensive Plan Future Land Use map, submitted by property owner Frank Altobello, Trustee. The request is to change Future Land Use desig- nation from Single Family to Mulit-Family, for unplatted vacant property located between Southwest 2nd and 6th Streets. The property is approximately 9.89 acres. All members 01 the public are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in its entirety by members of the pub- lic -in the Office of the City Clerk during regular business hours, Mon -Fri 8am-4:30pm, except for holidays. 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 hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days prior to the proceeding at 863-763-3372 x215; If hearing or voice impaired, call TDD 1-800-222.3448 (voice)or 1-888-447-5620 (TTY). Lane Gamiotea, CMC, CITY CLRK 171682 ON 10/27/06 „r , ,,,, �... F Karmen R. Brown Commission #DD2721 18 _3;•. ?.P� Expires: Jan l7, 2008 '94i4 iI•c¢i` Bonded Thru '"'' Atlantic Bonding Co., Inc To: PURCHASE REQUISITION CITY OF OKEECHOBEE 55 S.E. THIRD AVENUE OKEECHOBEE, FLORIDA 34974-2903 Tel 863/763-3372 Fax: 863/763-1686 Okeechobee News C/O Independent Newspapers of FL PO Box 7013 Dover, DE 19903 THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. 013324 IMPORTANT: THIS NUMBER MUST BE SHOWN ON ALL INVOICES. PACKAGES. CASES. TICKETS AND CORRESPONDENCE. SHIP TO: Lane Gamiotea, CMC, City Clerk City of Okeechobee 55 Southeast 3rd Avenue INVOICE IN DUPLICATE: Okeechobee, Florida City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 L DATE .0/25/06 VENDOR NO n/a DELIVERY DATESHIP VIA BEST WAY n/a I nia F O B. DESTINATION Ne.rr t S QUANTITY UNIT DESCRIPTION UNIT AMOUNT ITEM NO. ACCT. NUMBER 1 2512-4900 aach Ord No. 961 06-012-55A Altobello Publish: 10/27/06 (Fri) TOTAL Proof of Publication CITY OF OKEECHOBEE IS EXEMPT FROM FEUEKAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST. STATE SALES TAX EXEMPTION NO.57-03-004145-54C FEDERAL I.D. NO 59-60000-393. axe. NAP AUTHORED SIGNATURE RECEIVING RECORD _0 . /-,.((c,Z) PARTIAL ❑ FINAL Citi of Okeechobee October 12, 2006 Mr. Frank Altobello, Trustee Post Office Box 417 Okeechobee, FL 34973-0417 Dear Mr. Altobello, Please be advised that the Land Planning Agency of the City of Okeechobee will be considering your Comprehensive Plan Future Land Use Map Amendment Application 06- 012 -SSA on Thursday October 19, 2006 at 6:00 p.m. in the City Council Chambers. The Final Public Hearing on this matter will be held on Tuesday, November 7, 2006 at 6:00 p.m. in the City Council Chambers. A copy of the Land Planning Agency Agenda is enclosed, along with a copy of the Staff Report. If you, or a representative, cannot attend this meeting please contact my office at (863) 763-3372 ext. 218. Sincerely, eitt >1( Betty J. Clement General Services Coordinator Enclosures cc w/enclosures: Jeff Sumner Ken Treadwell 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee. News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a �— /4‘ 413 in the matter of ocr/Fi „leo in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of L.f "4- ! -? 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 further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or .refund for the purpose of securing this advertisement f publication in the said newspaper. day of ubs ibed before this %.,? A.D. 20 e 6 CRAirn - State of Florida af Large Notary Public, • PUBLIC HEARING NOTICE 411016 BOARD/BOARD OF ADJUSTMENT AND APPEALS NOTICE2 bauurmningg Board/Board of Adjustment and Appealsof the City of Okee- cheh��, r �uua w 11 meet on Thursday, October 19; 2006 at 6:00.p.m. or as soon ti(ereattei aspossible..The:meeting will be held at:City Hall, 55 Southeast 3rd Avenue, In'the CouncitChambers; Room 200 Okeechobee, Florida: • The items of consideration atthls meetingare; ' _; Conduct a Public Heanng;10 Cotsider Comprehensive 'Plan 'Small Scale Future Land Use Map Amendment Application No. 06 -012 -SSA. Frank Altobello is the applicant and property owner; .The application is to change the -Future Land Use designation from Single Farmly. (SF) to Multi -Family (MF) for .property located be- tween,Southwest 6th and 2nd Streets.: Legal descnptiom An unplatted parcel of land"shown as the. Railroad Grounds,Tying within the Plat of the City efOkeecho- bee,'as regarded In Plat Book5,.Page 5, Public Records of Okeechobee County, Florida 'Sectionr21 Township 37 South. Range 35 East -Okeechobee County, Flon- da,ibeing nide, particularly described'as follows Commence at the Southwest corner of that; parcel of land described in OR Book452 Page 1439; Public Records of Okeechobee. County; Florida and bear ;South 89 degrees 53 feet 11 Inches West along the Noith right-ef-wayy line df Southwest 601 Street, to the in- tersection with the' East line of Block 202, 01d19y of Okeechobee, a distance of 1010.82 Leet; thence bear North 00 degrees 04 -feet 58 Inches West, along the East line of Block 202,'a distance of 547.44 feet, to the Point of Beginning; thence continue North 00 degrees 04 feet 58 inches, a distance of 547.44 feet to the Northeast comer of Lot 3, Block202, City of Okeechobee; thence bear North 89 degrees 54 feet 50 inches East, to the Southeast Corner of that parcel of land de- scnbedin OR Book 293 Page 257, Pubic Records of.Okeechobee County, Flori- da, a distance of 704.88 feet thence bear North.03 degrees 04 feet 58 inches West, a distance. of 39857 feet to the.lntersection with.a curve in the Southerly right -of -Way of Southwest 2nd Avenuesaid.curve°concaving to the Northwest, having a radius of 402.71 feet a delta;angle bf11 degrees 11 feet 52 inches and a long chord bearing North 62 degrees 53;feet 33' Inches East, a distance of 78.58 feet thence along arc of said curve'adistance of 78.71 feet:thence bear South 00 degrees 04 feet 58 inches. East, adistairce of 534.67 feet thence bear South 89'degrees 54 feet 50 inches -West; a distanceof49.69 feet: thence bear South 00 degrees 06 feet 02 inches East a distance of 447.26 feet thence bear South 89 degrees 53 feet 58 inches West a distance of 725.33 feetto the paint of beginning, and is approximately 9.89 acre(s): The proposed use of the proper- ty is for Multi -Family dwellings. Conduct a Public Hearing to Consider Rezoning Application No. 06-010-R. Frank Attobello is the applicant and property owner. The application Is to change the zoning designation from Holding (H) to Residential Multiple Family. (RMF) for property located between Southwest 2nd and 6th Sheets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5.. Pubic Records of OkeechobeeCoumy, Florida, Section 21, Township 37, South Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Com- mence at the Southwest comer of that parcel of land described in OR Book 452 Page 1439, Public Records of Okeechobee County, Florida and bear South 89 de- grees 53 feet°11 inches West along the North nght-of-way line of Southwest 6th Street, to the intersection with the East line of Block 202, City of Okeechobee, a distance of,1010.82 feet thence bear North 00 degrees 04 feet 58 Inches West, along the East line of Block 202, a distance of 547.44 feet, to the point of begin- ning; thence continue North 00 degrees 04 feet 58 inches, a distance of 547.44 feet to the Northeast corner of Lot 3, Block 202, City of Okeechobee; thence bear North 89 degrees 54 feet 50 inches East to the Southeast Corner of that parcel of land described in OR Book 293 Page 257, Pubic Records of Okeechobee County. Florida a distance of 704.88 feet thence bear North 00 degrees 04 feet 58 inch- es West, a distance of 39857 feet to the intersection with a curve in the Southerly right -of -Way of Southwest 2nd Avenue; said curve concaving to the Northwest having a radius of 402.71 feet, a deka angle of 11 degrees 11 feet 52 inches and a long chord beano North 62 degrees 53 feet 33 inches East. a distance of 78.58 feet thence along arc of said curve a distance of 78.71 Leet thence bear South 00 degrees 04 feet 58 inches East, a distance at 534.67 feet thence bear South 89 degrees 54 feet 50 inches West. a distance of 49.69 feet; thence bear South 00 degrees 06 feet 02 inches East a distance of 447.26 feet thence bear South 89 degrees 53 feet 58 inches West a distance of 725.33 feet to the point of beginning, and is approximately 9.89 acre(s). Conduct a Public Hearing to consider a SPECIAL EXCEPTION to allow an enclosed warehouse and storage within a Heavy Commercial (CHV) Zoning District (ref. LDH's Sec. 90.283(4)) submitted by property owner John -Janes,. dba C 8 J In= vestment Enterprises, lnc. The subjecfproperty Is located 1301 North Parrott Avenue and 1307 North Parrott Avenue. Legal description: Lots 4, 5,6 and 26 of Block 3, City of Okeechobee Subdivision, Plat Book 5,Page 5; Okeechebee, County, Florida is approximately 0.672 acrets). Petition No. 0066-00 Consider any proposed amendments, submitted by City Staff or citizens, to the Comprehensive Plan, which include the Land Development Regulations (IDR=s) and render a recommendation to the City Council for consideration and final adoption. A copy of the entire application(s) and agenda are available in the General Services Office, Rm 101 at City Hall or by rating Betty Clement at (863) 763-3372 x 218. Please be advised that the Board of Adjustment and,Appea s will serve.as the de- cision making body (quasi-judicial), on behalf of the -City, to approve or deny Spe- cial Exceptions er Variance Application(s), The Planning Board wrll make recommendations tote City Council fir, consideration and firialadoption of Corn- pprehensive Plan Amendments,. Rezoning Applications and Land Development Regulations (LOR=s) Amendments. PLEASE TAKE 80110E AND BE ADVISED that 0 any person desires to appeal any decision made by the Planning Board/Board of Adjustments and Appeals with re- spect to any matter considered at this meeting, or hearing will 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. Tapes are used for the sale purpose of back-up for the Clerk=s Office. In accordance with the Americans with Disabilities Act (ADA) and, -Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Betty Clement no later than two (2) working days prior to the proceeding at 863-763.3372 x 218; if you are heanng or voice im- paired. call TOD 1-800-222-3448 (voice) or 1.888-447-5620 (TA. By: Brian Whitehall, Zoning Administrator 166483 ON 10/4,13/06 1 To: L_ y PURCHASE REQUISITION CITY OF OKEECHOBEE 55 S.E. THIRD AVENUE OKEECHOBEE, FLORIDA 34974-2903 Tel: 863/763-3372 Fax: 863/763-1686 Okeechobee News c/o Independent Newspapers of FL Post Office Box 7013 Dover, Delaware 19903 THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. 013318 IMPORTANT: THIS NUMBER MUST BE SHOWN ON ALL INVOICES. PACKAGES, CASES. TICKETS AND CORRESPONDENCE SHIP TO: F Lane Gamiotea, CMC, City Clerk City of Okeechobee 55 Southeast 3rd Avenue INVOICE IN DUPLICATE: Okeechobee, Florida City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 L_ 1 DATE 10/ ,' ITEM NO. • . 2512-4900 VENDOR NO , a DELIVERY DATE n/a SHIP VIA BEST WAY n/a F.O.B. DESTINATION n/a TERMS Net 30 ACCT. NUMBER QUANTITY UNIT each DESCRIPTION Legal Ad PB/BOA Altobello 06 -012 -SSA Altobello 06-010-R Jones C & J 06 -011 -SE Publish: 10/04/06 (WED) Publish: 10/13/06 (FRI) Proof of Publication 1o)ij 4 k'd.0,Q, )0/13 4 ko i. 03..E'Ls. TOTAL UNIT AMOUNT 0Liu /6 t id `/b 1 CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST. STATIE SALES TAX EXEMPTION NO.57-03-004145-54C FEDERAL I.D. NO 59-60000-393. Ott (17/1-Ldfa AUTHO ` IZED SIGNATURE RECEIVING RECORD PARTIAL ❑ FINAL City of Okeechobee May 18, 2006 Mr. Frank Altobello, Trustee Post Office Box 417 Okeechobee, FL 34973-0417 Dear Mr. Altobello, Please be advised that the Land Planning Agency of the City of Okeechobee will be considering your Comprehensive Plan Future Land Use Map Amendment Application 06- 012 -SSA on Tuesday, May 23, 2006 at 6:30 p.m. in the City Council Chambers. The Final Public Hearing on this matter will be held on Tuesday, June 6, 2006 at 6:00 p.m. in the City Council Chambers. A copy of the Land Planning Agency Agenda is enclosed, along with a copy of the Staff Report. If you, or a representative, cannot attend this meeting please contact my office at (863) 763-3372 ext. 218. Sincerely, (7, Katrina Cook General Services Coordinator Enclosures cc w/enclosures: Jeff Sumner Ken Treadwell 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 City of Okeechobee LANE GAMIOTEA, City Clerk E-mail: lgamiotea@cityofokeechobee.com Melisa Eddings, Deputy Clerk, ext. 215 E-mail: meddings@cityofokeechobee.com Office of the City Clerk FACSIMILE TRANSMITTAL SHEET �o �1;.,�,�a<,M �w.av F TO: t COMPANY: FAX NUMBER: 6) 3 -6 (o 9,2 PHONE NUMBER: DATE: 4/ffig� TOTAL NO. OF PAGES !/ 1. VQ/AtA 4,e,imiP'Apsti 514 /L14, (� C)l -ss4 RE: NOTES/COMMENTS: 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 The u=:eechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a /he=6.,ce 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 further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn t.an. subscribe before me this day of r/ OM1,,/ Notary ' blic, State of Flori . a at Large A.D. 20 11/ PUBLIC HEARING NOTICE LSMALL SCALE MAP AMENDMEN SD PLANNINGAAND 168 AMENDMENTS NOTICE: The Land Planning Agency of the City of Okeechobee, Florida will meet on Tuesday, May 23, 2006 at 6:30 p.m. or as soon thereafter as possible, following the Board of Adjustment meeting!. The meeting will be held at City Hall, 55 Southeast items of consideration atinin the oat this sl Emeetingr& Room wit be to address Small Scale Future Land The Use Map Amendments and LDR Amendments. They are as follows: Conduct a Public Hearing to Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 06 -012 -SSA. Frank Atobello•is the from SinnglewFamily (SF)The toMulti-Family (MF) ication is to for propee the rure Land Use ty located between Soh - west 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as re- corded in Plat Book 5, Page 5, Records of Okeechobee County, Florida, Section 21 Township 37 South Range 35 East, Okeechobee County, Florida, be- ing more particularly described as follows: Commence at the Southwest corner of that parcel of land described In OR Book 452 Page 1439, Public Records of Okeechobee County, Floridrth aandbear South 89 degrees 53 feet 11 inches West thealong the with East line n of yck 202, City of lineOkeec obee, a distaSouthwest 6th nce of 1010.82 feet,thenceet, to the bear North 00 degrees 04 feet 58 Inches West, along the East line of Block 202, a grees distance of 547.44 feet, to the Paint of Beginning; thence continue North 00 de- feea distance of 547.44 feet to the Northeast coer of Lot 3, BI k4202, City of Ok58 e chobee; thence bear North 89 degrees 54 f et 50 inch- es East, to the Southeast Corner of that parcel of land described in OR Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of 704.88 feet; thence bear North 00 degrees 04 feet 58 inches West, a distance of 398.57 feet to the intersection with as curve in the Southerly right -of -Way of Southwest 2 Avenue; said curve delta angle of 11 degrees11 feet to h52 inchese eand having log cho d beana radius of Ong North feet,2.71 2 degrees 53 feet 33 inches East, a distance of 78.58 feet; thence along arc of said curve a distance of 78.71 feet; thence bear South 00 degrees 04 feet 58 inches East, a distance of 534.67 feet; thence bear South 89 degrees 54 feet 50 inches West,' a distance of 49.69 feet; thence bear South 00 degrees 06 feet 02 inches East, a distance of 447.26 feet; thence bear South 89 degrees 53 feet 58 inches West, a distance of 725.33 feet to the point of beginning, and is approximately 9.89 acre(s). The proposed use of the property is for Muti-Family dwellings. Conduct a Public Hearing to Consider Comprehensive Plan Small Scale Future Land Use Amendment Application No. 06 -013 -SSA. Stven Dobs is the applicant ono behalf of owner InSite Development Groupe The application is to change the Future Land Use designation from Single Family (SF) to Multi -Family (MF) for vacant property located between Northwest 12th and 13th Streets and hie Lots 1, 2West andh9 lesnd s the AEast 32.50 feet ofegal nsaid Lot 9, and Loion: Lots 1 to ts 10 to 26of Block 1 of Book Black 21; Lgots 1 to 6, of Block 22, Okeechobee, Plat .Book 1, Page 10, and Plat mately 9.159 ace re(s). The Records, proposed use of he property iFlorida for Muti-Familand is y dwell- ings. The LPA will consider amending Section 90, Division 6, Commercial Professional and Office (CPO) District regarding Section 90-222 permitted uses to broaden the truck weight limitation. The LPA will also consider any proposed amendments, submitted by City Staff or citizens, to the Comprehensive Plan, which include the Land Development Regula- tions (LDR's) and render a recommendation to the City Council for consideration and final adoption. A copy of the entire applications) and agenda are available in the General Services Office, 218Room . Please01 at ebe advised Hall or thatth calling boa d serves asna Cook at ( a6 recommendation board. All Comprehensive Plan Small Scale Future Land Use Map Amendment Applications considered are forwarded with their recommendation to the City Councillor final PUBLIC HEARING on Tuesday, June 6, 2006. ALL INTERESTED PARTIES SHALL HAVE THE OPPORTUNITY TO BE HEARD AT THIS PUBLIC HEARING. Any person deciding to appeal any decision by the Land Planning Agency with respect to anyy e matter considered at this hearing will need to ensure that a verbatim record roedings is made and ththe record includes hetestimony and evidence uponwhichtheappealwil be based. General Services Department tapes are for the sole purpose of backup for official records of the department. In accordance with the Americans with ersons with disabilities Disabilities (ADA) and Florida tie Ieeding special accommodation to participate pane n t6, his proceeding should contact Katrina Cook no later than two (2)working days prior to the proceeding at(863) 763.3372 x 218 for assistance; ihearing is impaired telephone the Florida Relay Service Number 1-800-955-8771 (TDD) or 1-800-955.8770 (VOICE) for assistance. BY: Brian Whitehall, Zoning Administrator 132608 ON 5/5,15/2006 R. F- .yve V". Commission 0DD272 i I ;.,1f f 7, 2 To: PURCHASE REQUISITION CITY OF OKEECHOBEE 55 S.E. THIRD AVENUE OKEECHOBEE, FLORIDA 34974-2903 Tel: 863/763-3372 Fax: 863/763-1686 Okeechobee News C/O Independent Newspapers of FL PO Box 7013 Dover, DE 19903 THIS ORDER SUBJECT TO CONDITIONS ON FACE NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. IMPORTANT: THIS NUMBER MUST BE SHOWN ON ALL INVOICES, PACKAGES, CASES, TICKETS AND CORRESPONDENCE. SHIP TO: L Lane Gamiotea, CMC, City Clerk City of Okeechobee 55 Southeast 3rd il,v,nue INVOICE IN DUPLICATE: r Okeechobee, Florida City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 L_ CITY OF OKEECHOBEE IS EXEMPT FROM rtutw4L EXCiaE ANo i FCA TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST. STATE SALES TAX EXEMPTION N0.57 -03-004145-54C FEDERAL I.D. NO 59-60000-393. TOTAL :.(\ AUTHOR! 3&9 /1'_-o ED SIGNATURE RECEIVING RECORD 4Aw3 We(' PARTIAL 0 FINAL I DKERY DATE I Ig VIA BEST WAY Fnm. DESTINATION NeTEMS 05Ah-rkb VENDOR NO ITEM NO. ACCT. NUMBER QUANTITY UNIT DESCRIPTION UNIT AMOUNT 1 2 3 :.s 369-1000 369-1000 369-1000 369-10009 each each each Legal 06-004-V Publish: Proof Legal 06-012-55A 06-013-55A Publish: Ing l 06-01-001 06 -CI Publish: Legal L e 06-009-R 06-010-R 06-011-R Publish: Ad - BOA 5 f 3IOO(p r3a /3aur 0 7.--- - Janet and Rohit Dave Mo 5/5/06 (Fri) & 5/15/06 n : �[ I. ` �/r gl. /AA / 6 ceC 7Y ! �t•'' • TM1 c;05 -: d i 5� 3V c.2.:-?/ 5J , 3 / o�lS. 3` of Publication Ad - LPA 5Ia310 o /:-5;Z - Altobello Insite 5/5/06- Fri & 5/15/06 Ad. -- LPA L rge Scale 51 -. Nolc ngs, L -W2 - C3C/Altobe110 5/5/06 Fri & 5/15/06 Ad PB 0r.9 - 005- 8 AAA() - Nooruddin - Altobello - Insite 5/5/06 Fri & 5/15/06 (riL S Mon a 31 v'o /3,2 Id Mon / :2Cp 1� Rol rtsp (Mon) NSPC7F TATION t, , -- , 1 r... - CITY OF OKEECHOBEE IS EXEMPT FROM rtutw4L EXCiaE ANo i FCA TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST. STATE SALES TAX EXEMPTION N0.57 -03-004145-54C FEDERAL I.D. NO 59-60000-393. TOTAL :.(\ AUTHOR! 3&9 /1'_-o ED SIGNATURE RECEIVING RECORD 4Aw3 We(' PARTIAL 0 FINAL fftx coveR elieecr Name: Jeff Sumner Organization: LBFH, Inc. filla COPY Fax: 763-6692 Phone: 763-8999 From: Lane Date: May 2, 2006 Subject: Survey for Altobello's small scale map amendment Pages: 2 Comments: Jeff, I am notifying you of this information since you are the local contact listed on Mr. Altobello's small scale future land use map amendment. While preparing the application for advertisement, my office staff discovered some typographical errors in the written version of the legal description on the survey and wanted to bring those to your attention in case someone from the title company uses that as the legal description for deeds, if and when the property is purchased by Royal Builders, Inc. The typo's are in the "degrees, feet, and inches" indicators, they are either incorrect (ie: feet symbol used where inches symbol should be used or vice versa) or not there at all. I have enlarged just that portion of the survey and marked the errors for easy reference for you. Just wanted to call this to your attention - just in case! If you do end up getting a revised survey, please forward a copy to the city to retain in our files. Thank you, and as always, if you have any questions, don't hesitate to call me! From the desk of... Lane Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 (863) 763-3372 ext. 215 (863) 763-1686 Fax Igamiotea@cityofokeechobee.com www.cityofokeechobee.com /1 ti rfiL rmurto. r urvAL tsv r LUtH.7, DESCR I PT I ON: AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING W I TH IN THE PLAT OF THE C I TY OF OKEECHOBEE, AS RECORDED I N PLAT 5 PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21 TOWNSHIP 37 SOUTH RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED 1N OR BOOK 452 PAG, 1439, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA SAND BEAR S89°5.3✓11° W ALONG THE NORTH RIGHT -OF - WAY LINE OF SW 6TH STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A D 1 STANCE OF 1010. 82 FEET ; ▪ THENCE BEAR N00° 04' 58N, ALONG THE EAST L ltJ OF BLOCK 202, A D 1 STANCE OF 547. 44 FEET, TO THE PO 1 NT OF BEG I NN I NG; THENCE CONT I NUE N00° 04' 58" , A D I STANCE OF 547. 44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, C1 TY OF OKEECHOBEE; • THENCE BEAR N89° 54' 5LJE, TO THE SE CORNER OF THAT PARCEL OF LAND DESCRIBED IN OR BOOK 293 PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 704. 88 FEET; THENCE BEAR NOO° 04' 58" W, A D 1 STANCE OF 398. 57 FEET TO THE INTERSECTION WITH A CURVE I N THE SOUTHERLY RIGHT -OF -HAY OF SOUTHWEST 2ND AVENUE; SAID CURVE CONCAV 1 NG TO THE NORTHWEST, HAVING A RADIUS OF 402),71 FEET,4‹._ A DELTA ANGLE OF 11° 11' 52" AND A LONG CHORD BEARING N62° 53' 33')E, A DISTANCE OF 78. 58 FEET; THENCE ALONG ARC OF SA 1 D CURVE A D I STANCE OF 78. 71 FEET; THENCE BEAR S00° 04' 58" E, A D I STANCE OF 534. 67 FEET; THENCE BEAR S89° 54' SO=W, A D 1 STANCE OF 49. 69 FEET; THENCE BEAR SOD° 06' 02" E, A D I STANCE OF 447. 26 FEET; THENCE BEAR S89° 53'58° W, A D I STANCE OF 725. 33 FEET TO THE POINT OF BEGINNING. L ELAND DYAI S. P1 S PnAd Petition No.D(, -01 5S City of Okeechobee Checklist for Comprehensive Plan Amendment applications 1 2 3 4a Completed and signed application Applicants letter outlining request r -- Notarized letter of consent from owner * Property survey certified boundary survey, date of survey, surveyor's name, address and phone number 4b Legal description on survey 4c Computation of total acreage to nearest tenth of an acre on survey 4d Drawing size 11 x 17, if larger size, submit 13 copies 5 City location map within 100 feet of subject property 6 Application fee (non-refundable) - $ 500.00 * Necessary only when the applicant is different from the property owner. Revised 12/27/04 KC 1970 RECEIVED fro (// ,-7( !. ijoo E b j -Dollars CITY OKEECHOBEE, IJRIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34972-2932 (863) 763.3372 o477 20 2 $ ( ( ,«-- ./ CLERK Lf r'