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2013-06-18CITY OF OKEECHOBEE JUNE % 2013 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 14 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER - Mayor. June 18, 2013, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Mayor Kirk called the June 18, 2013, Regular City Council Meeting to order at 6:00 p.m. Invocation to be given by The Very Reverend Father Edward Weiss, Church III Council Member Williams offered the invocation due to Father Weiss' absence; of Our Saviour; Pledge of Allegiance led by Mayor. Mayor Kirk led the Pledge of Allegiance. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Mike O'Connor Council Member Devin Maxwell Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Five -Year Longevity Service Award to Ryan Holroyd City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present In recognition of Mr. Ryan Daniel Stephen Holroyd's five years of employment, Mayor Kirk gave a brief biography stating, he is originally from New Hampshire, a Ft. Pierce Central High School graduate, Class of 2003. Following graduation he became a Certified Pharmacy Technician, and earned his Associates of Science degree in Criminal Justice from IRSC, then later graduated from their Police Academy. He became a Florida Certified Law Enforcement Officer, and began his career at the Police Department on June 8, 2008, after having worked part-time for one year. During the last five years, Mr. Holroyd has successfully completed many educational courses and is a Certified Field Training Officer. In 2009 the Terrorist Screening Center Operations of the FBI commended him for his handling of a national security matter due to an arrest he made. He was named the 2011 City Police Officer of the Year. 67 68 .TUNE 18, 2013 - REGULAR MEETING - PAGE 2 of 14 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Present a Five -Year Longevity Service Award to Ryan Holroyd Mr. Holroyd exemplifies the selfless dedication it takes to serve the citizens of this community. It is an honor to continued, recognize his five years of service with a framed "Longevity Service Certificate" and an engraved Cross brand pen. Mr. Holroyd noted his appreciation for the opportunity to be of service to the public, commenting "it has been an interesting five years" and he looks forward to a long career with the department. B. Present a ten-year Longevity Service Award to Adam Crum. Due to the absence of Mr. Crum, they deferred the item until later in the meeting. They addressed the item during the Public Hearing section of the meeting between items A and B. In recognition of Mr. Adam Dean Crum's 10 years of employment, Mayor Kirk gave a brief biography stating, he is a long time Okeechobee resident and a 1999 OHS graduate. He is an Advanced Certified SCUBA Diver, Florida Certified EMT and Florida Certified Firefighter, having graduated from the iRSC Fire Academy in 2003. While attending the academy, Mr. Crum worked in Fire Safety for the Sebring international Raceway, and both the City of Okeechobee and Lorida Firefighter Volunteer Departments. He began his career at the City Fire Department on June 11, 2003. He has successfully completed many educational courses. Received praise for his assistance with repairs and maintenance on equipment and vehicles, which in tum helps the Department financially. Earlier this year the Pension Fund Members elected him to serve on the Board of Trustees which oversees the Firefighters Retirement Plan. It is an honor to recognize his 10 years of service with a framed "Longevity Service Certificate" and an embossed portfolio, In addition to this award, Mr. Crum's fringe benefits for accrued annual leave will increase, and he has met the retirement vestment requirement as well as the education reimbursement requirement. Mr. Crum, accompanied by his wife, Wendy, and their three children, thanked the Mayor and Council for the recognition, commenting "1 enjoy my job, most importantly where 1 work, the morale of the department is positive, and that makes coming to work even better." C. Proclaim the week of June 17 - 21, 2013 as "Small Business Mayor Kirk proclaimed Small Business Week, and read the following proclamation in its entirety: "Whereas, the City' Week." of Okeechobee was built on the dreams of entrepreneurs and adventurers, who dared to chart their own paths; and Whereas, staying true to this legacy of innovation, our local small businesses continue to blaze new trails of success; and Whereas, small businesses power our economy; and Whereas, the City of Okeechobee wishes to recognize small businesses for the key role they play in keeping our economy strong. Now, Therefore,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the week of June 17 through June 21, 2013 as `Small Business Week' in the City of Okeechobee and urge all citizens to join with us in this observance as we celebrate the accomplishments of small business owners and their employees and encourage the development of new small businesses. " Mr. ' John Gurney, Chair of the Business Advocacy Committee for the Chamber of Commerce, Okeechobee Main Street Executive Director, Ms. Shane Turgeon, Mr. John Creasman, and from the Small Business Development Center, Mr.' Duke Evans, Business Analyst was present to receive the proclamation. ,TUNE 18, 2013 - REGULAR MEETING - PAGE 3 OF 14 II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the May 21, 2013, Regular Meeting. May 21, 2013, Regular Meeting; seconded by Council Member Watford. There was no discussion on this item. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the May 2013 Warrant Register: General Fund ................................ $453,089.53 Public Facilities Improvement Fund ............... $ 73,847.68 Community Development Block Grant-HR Fund ..... $ 5,183.00 Community Development Block Grant-ED Fund ..... $ 1,265.10 Law Enforcement Special Fund .... ...... . .... . .. $ 135.00 Capital Improvement Projects Fund ............... $ 109.62 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 proposed Ordinance No,1098, Application No.13-001-SSA, submitted by owner, Okeechobee Asphalt & Ready Mix Concrete, Inc., for a small-scale amendment to the Future Land Use Map, from Single Family to Industrial - City Planning Consultant (Exhibit 1). Council Member Watford moved to approve the May 2013 Warrant Register in the amounts: General Fund, four hundred fifty-three thousand, eighty-nine dollars and fifty-three cents ($453,089.53); Public Facilities Improvement Fund, seventy-three thousand, eight hundred forty-seven dollars and sixty-eight cents ($73,847.68); Community Development Block Grant -Housing Rehabilitation Fund, five thousand, one hundred eighty-three dollars ($5,183.00); Community Development Block Grant -Economic Development Fund, one thousand, two hundred sixty-five dollars and ten cents ($1,265,10); Law Enforcement Special Fund, one hundred thirty-five dollars and zero cents ($135.00); and Capital Improvement Projects Fund, one hundred nine dollars and sixty-two cents ($109.62); seconded by Council Member Williams, There was no discussion on this item. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - 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 "D" was withdrawn and New Business Item "H" was added to receive an update from Gary Ritter. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:09 P.M. Council Member O'Connor moved to read by title only, proposed Ordinance No.1098, Application No. 13-001 -SSA, submitted by owner, Okeechobee Asphalt & Ready Mix Concrete, Inc., for a small-scale amendment to the Future Land Use (FLU) Map, from Single Family to Industrial; seconded by Council Member Watford. 70 JUNE 18, 2013 - REGULAR MEETING - PAGE 4 OF 14 II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. b) Vote on motion to read by title only, proposed Ordinance No.1098, Comprehensive Plan FLU Map Amendment No.13-001-SSA. c) City Attorney to read proposed Ordinance No.1098 by title only. 2. a) Motion to adopt proposed Ordinance No.1098. b) Public comments and discussion. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1098 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE: PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO INDUSTRIAL; PROVIDING FOR INCLUSION' OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." Council Member Williams moved to adopt proposed Ordinance No.1098; seconded by Council Member Watford. Mayor Kirk yielded the floor to City Planning Consultant Bill Brisson of LaRue Planning and Development Services to review the application and give the Planning Staff Report findings and recommendations. Application No. 13-001 -SSA as noted above, was submitted by the property owner to change the FLU classification on 1.493 acres, specifically being Lots 1 to 5 and 7 to 12, of Block 44, City of Okeechobee, Plat Book 1, Page 10, and a 0.413 acre unplatted parcel, East of Block 44, all located in the 700 and 800 blocks of Northwest 9t' Street and along the North boundary of the CSX Transportation Railroad. The same property owners currently own and operate an asphalt and concrete plant on Blocks 45 and 46, located to the East. The applicant purchased the subject property in 2011. Since the purchase they have been cleaning the property of overgrown vegetation, abandoned vehicles and trailers, and demolished a dilapidated commercial structure. However, in order for them to use the property for storage of industrial materials associated with the operation of the existing plant, they must change the land use and zoning as outside storage of these types of materials is not a permitted use, or special exception use, in any residential zoning districts. The Planning Staff Report findings are that the surrounding properties have the following FLU, Zoning and Existing use: To the North are Lots 7 to 10 of Block 41, with Single Family (SF) FLU and Residential Multiple Family (RMF) zoning. It is owned by the First Missionary Baptist Church of Deans Court and used for a parking lot. Then Lots 11 and 12 of Block 41, is Commercial (C) FLU with Commercial Professional Office (CPO) zoning and is vacant. The applicant purchased this property through a Tax Deed in 2008, and obtained a rezoning (No. 09-003-R) in 2009 to CPO to build an office for the asphalt/concrete plant. While the property is vacant, the previous use was a bar that burned down and never reopened. Okeechobee Asphalt demolished the structure, as it created a public nuisance. JUNE 18, 2013 - REGULAR MEETING - PAGE 5 OF 14 71 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE li Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2 b) Public comments and discussion on proposed Ordinance No,1098, Continuing with areas to the North, an unplatted 0.516 acre parcel is Multi -Family (MF) FLU, RMF zoning, and has Comprehensive Plan FLU Map Amendment No. 13-001 -SSA an existing home built in 1977. Still North and to the East, is the Florida Department of Transportation maintenance continued. yard and facility. Areas to the East have an Industrial FLU and zoning with an asphalt/concrete plant as the existing use. To the immediate South is the CSX railroad that runs East to West through the City, with a zoning of Industrial. Farther South of the railroad, is MF and SF FLU with RMF and Industrial zoning. The existing use is a home and six multi -family type residences all built in 1950 (historically occupied as migrant housing), and the CSX Railroad spur on the Industrial lands. To the immediate West (of Lot 5, Block 44) is SF FLU, RMF zoning and has a single family residence. Then farther to the West are MF FLU and RMF zoning with the existing use by the First Missionary Baptist Church of Deans Court. This is their former sanctuary and fellowship hall, now used as classrooms, offices and storage. Addressing the consistency with the Comprehensive Plan, Planning Staff found that Lots 7 to 12 should be reclassified to Industrial due to their adjacency to the railroad, and the depth of the lots (approximately 42 feet) make them unsuitable for residential use. In addition, the unplatted parcel should be reclassified to Industrial, as it is immediately next to the existing asphalt and concrete plant. There is a road (Northwest 7" Avenue) that separates this parcel from the RMF lots in Block 44. However, it is recommended that Lots 1 to 5, be reclassified from FLU SF to MF. The report further explains, while Industrial may be acceptable, it is not found to be the most appropriate, as the primary goal of the Future Land Use Element is to maintain a high quality living environment through a well -planned mix of compatible land uses and to preserve its distinctive natural and historic resources and to provide public services to its residents at a minimum cost. Except the narrow Lots (7-12 of Block 44) bordering the North side of the railroad, and the two Commercial lots (11-12 of Block 41) on the North side of Northwest V Street, all properties in this neighborhood have been designated for residential use, and most are zoned RMF. The property owners and residents have the right to expect some form of residential use on these properties. On findings relative to the consistency with other aspects of the Comprehensive Plan, the Planning Staff Report agreed with the applicant's statement, the requested changes, either in whole or part, will have no appreciable effects upon the projected population of the City; adjacent unincorporated areas; traffic levels, or provision of public facilities or services. The Planning Board considered the matter at their meeting of May 16, 2013, disagreeing with Planning Staff, and offered a recommendation to change the FLU to Industrial as requested on the application. The minutes were included in Exhibit One and reflect the motion was based on consistency with the longtime existing industrial type uses adjacent to the railroad. 72 JUNE 18, 2013 - REGULAR MEETING - PAGE 6 OF 14 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2 b) Public comments and discussion on proposed Ordinance No. 1098, Mayor Kirk opened the floor to hear from the public. Mr. Bruce Snell of 3078 Northwest 34`h Avenue, purchased the Comprehensive Plan FLU Map Amendment No. 13-001-SSA unplatted 0.516 acre parcel, at 701 Northwest 91h Street, North of the subject property approximately a year ago. He continued. asked that the FLU change be denied due to the impacts of the industrial activity on the surrounding residential area. ,,He further explained he is remodeling the home, and the dust from the asphalt plant is a problem. Mr. David Thomas, Jr., who identified himself as a neighbor and friend of Mr. Snell, offered support to the claim regarding the dust being a nuisance, and concerns for the neighborhood should expansion of the existing industrial activity be approved. Mr. Robert Gent, Vice President of Okeechobee Asphalt, addressed the Council stating he was unaware of the dust nuisance. He asked that the neighbors call him when there is a problem and offer him the opportunity to address it accurately. He explained the company has purchased many of the surrounding properties. Most had code violations due to the lack up upkeep or health/safety nuisances. Once purchased, they were cleaned up and brought into compliance. He elaborated further that the company had been storing materials on the subject property. Once the land was cleared, they began installing a concrete type of wall/fence around the perimeter. He was advised by Code Enforcement that he could not have that type of fencing/buffer, nor could he use the property for storing the company's aggregate due to the zoning permitted uses. This is the reason for both the FLU application and rezoning petition. Once these are finalized, he intends to "immediately complete the concrete wall/fence, and landscape the perimeter with Florida Cherry Shrubs, mulch and smaller plants." Attorney Cook asked Mr. Gent to elaborate on the definition of 'aggregate materials' He replied, it is rock, sand, and shell, it is used to make the concrete, and these would be the only materials stored on the property. Mayor Kirk began the Council discussion by disclosing Mr. Snell contacted him regarding the dust nuisance and objecting to the land use change. Several church members also contacted him concerning the dust. They explained that it coats them in the short distance to walk from the parking lot into the church building, as well as their cars. Further, he stated his concerns of the negative impact on the neighborhood by expanding the industrial activity. Several Council Members responded that industrial activity is expected along railroads. The church recently built the new sanctuary farther North, as the previous building was located next to the railroad. The discussion turned to whether the City had a mechanism to assure the residents that a buffer would be required to off -set potential impacts caused by expanding the industrial activity. Generally FLU nor rezonings can be approved with contingencies or conditions. Buffering requirements are not addressed in FLU Map amendment applications. It is however, addressed as a specific item on the Rezoning Petition, "The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance orhazard to the neighborhood." Planner Brisson elaborated further that since the property would be a change in use, the City can require the owner to submit for Site Plan Review under the Technical Review Committee, who could then enforce very specific types and sizes of buffers, constructed or installed. JUNE 18, 2013 - REGULAR MEETING - PAGE 7 OF 14 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2 b) Public comments and discussion on proposed Ordinance No. 1098, The discussion then turned to the concerns with property owners' rights. Should this be approved, due to the location Comprehensive Plan FLU Map Amendment No. 13-001-SSA of the subject property, industrial activities would be very close to both churches, not to mention all the homes. There continued. has to be a balance of consistency regarding decisions on land issues for this neighborhood, compounded by the complexity of a very active railroad, makes that difficult. The City wants businesses to flourish and grow, but when citizens offer legitimate concerns they should be addressed. The Council asked whether Staff could offer any information on the notices from Code Enforcement regarding the concrete fence, or other issues that may have been sent to Mr. Gent? At this time, nothing could be expounded on, except that it had not been an issue that went before the Code Enforcement Board. Council Member Maxwell offered that there are good arguments on both sides, however, he would rather have industrial over MF in his neighborhood due to the lack of demand for MF. There seems to be a disproportionate percentage of MF land uses within the City. Added to the fact that based on statistical data, multi- family development and associated activities can negatively impact an area worse than commercial or industrial activities. c) Vote on motion. Due to the number of concerns discussed, and the differences of recommendations between the Planning Staff and Planning Board, Council Member Watford moved to postpone the motion to adopt proposed Ordinance No. 1098, until a date certain of the July 16, 2013; seconded by Council Member O'Connor. There was no further discussion. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk temporarily suspended the Public Hearing items to recognize Mr. Crum and present his longevity service award. B.1. a) Motion to read by title only proposed Ordinance No. 1096, Rezoning Council Member Watford moved to read by title only, proposed Ordinance No.1096, Rezoning Petition No.13-001-R, Petition No. 13-001-R, submitted by owner, Okeechobee Asphalt & submitted by owner, Okeechobee Asphalt & Ready Mix Concrete, Inc., to rezone Lots 1 to 5 of Block 44, City of Ready Mix Concrete, Inc., to rezone Lots 1-5 of Block 44, City of Okeechobee from Residential Multiple Family to Industrial; seconded by Council Member O'Connor. Okeechobee from RMF to IND - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 73 :71J JUNE 18, 2013 - REGULAR MEETING - PAGE 8 OF 14 11 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. c) City Attorney to read proposed Ordinance No.1096 (Rezoning Attorney Cook read proposed Ordinance No. 1096 by title only as follows: "AN ORDINANCE OF THE CITY OF Petition No.13-001-R) by title only. OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILYZONING DISTRICT TO INDUSTRIAL ZONING DISTRICT; AMENDING THEZONING MAPACCORDINGL Y; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No.1096. 111 Council Member Watford moved to adopt proposed Ordinance No.1096; seconded by Council Member O'Connor. b) Public comments and discussion. Due to the action (on the previous item) regarding Future Land Use Application No.13-001-SSA being postponed, Rezoning Petition No. 13-001-R cannot be considered either. Council Member Watford moved to postpone adopting proposed Ordinance No.1096, until a date certain of July 16, 2013, seconded by Council Member O'Connor. There was no further discussion. c) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only proposed Ordinance No.1097, Council Member O'Connor moved to read by title only, proposed Ordinance No.1097, extending a moratorium on the extending a moratorium on the collection of the City's Public Works collection of the City's Public Works Impact Fees, Law Enforcement Facilities Impact Fees, and Fire Impact Fees; Impact Fees, Law Enforcement Facilities Impact Fees, and Fire seconded by Council Member Watford. Impact Fees - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1097 by title only VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1097 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING CODE BOOK CHAPTER 71 IMPACT FEES, SECTION 71-13 PUBLIC WORKS IMPACT FEE SCHEDULE, SECTION 71-23 LAW ENFORCEMENT FACILI TIES IMPAC TFEE SCHEDULE, AND SECTION 71-33 FIRE IMPACT FEE SCHEDULE; PROVIDING FOR AN EXTENSION OF A MORATORIUM FOR THE COLLECTION OFIMPACT FEES FROMJULY 1, 2013 TO JUNE30, 2014; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." .TUNE 18, 2013 - REGULAR MEETING - PAGE 9 OF 14 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. a) Motion to adopt proposed Ordinance No. 1097. 111 Council Member Watford moved to adopt proposed Ordinance No. 1097; seconded by Council Member O'Connor. b) Public comments and discussion. Mayor Kirk asked whether there were any public comments or questions. There were none. The Planning Board reviewed the proposed ordinance, acting as the Local Planning Agency, and offered a recommendation of adoption. Administrator Whitehall explained that nothing has changed with the economy since the approval of the moratorium last year. He would like the Council to consider a gauge of when to reconsider implementing impact fees again. The School Board voted to extend their moratorium another year as well. The County's remain in effect. c) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. 111 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:15 P.M. IX. NEW BUSINESS. A. Consider a request for approval of a remote parking lot to Mr. Steven Dobbs, of Steve Dobbs Engineering, presented a request from CRCO Properties, LLC. (Dr. Charles and accommodate parking for a new fitness center - Steven Dobbs, Rachel Bartels), to approve a remote parking lot on Lots 10 to 12 of Block 77, City of Okeechobee Subdivision, Plat CRCO Properties (Exhibit 4). Book 1, Page 10, (107 Northeast 61h Street), for a proposed new fitness center and nutrition store to be located on Lots 18 to 20 of Block 57, (704 North Parrott Avenue, formerly Rita's Furniture). The proposed development underwent Site Plan Review by the Technical Review Committee on May 16, 2013. The plan is to convert an existing 8,000 square foot retail building into a fitness center, a retail nutrition store, and a warehouse for storage. They reviewed and found the initial plans did not provide the required 40 parking spaces. The site can only accommodate approximately 20 spaces. Fitness centers have one of the highest number of parking space requirements. CRCO Properties recently purchased the property at 704 North Parrott Avenue, and own the majority of the property one block South (Block 77) where they built and operate Big Lake Eye Center. This is the same area where the proposed 44-space parking lot is to be constructed. The customers would walk thru the alleyway, cross Northeast 71h Street to the subject property. In an effort to address the concern of the fitness/nutrition customers traversing from the remote parking lot onto another's property located at 610 North Parrott Avenue, owned by David and Anita Nunez, a written agreement was provided to Attorney Cook at the TRC meeting. He is reviewing it for legal sufficiency. Signs indicating'No Parking' will have to be installed along 7" Street to keep customers from parking illegally along the right- of-way. 75 76 .TUNE 18, 2013 - REGULAR MEETING - PAGE 10 OF 14 AGENDA COUNCIL ACTION - DISCUSSION -VOTE IX. NEW BUSINESS CONTINUED. A. Consider a request for approval of a remote parking lot to The TRC offered a recommendation for the City Council to approve the concept for the remote parking lot with the accommodate parking for a new fitness center continued, condition that the development reappear (before the TRC) to address the construction details and compliance issues. The Council asked for clarification, and Mr. Dobbs responded yes, there will be clear, sufficient signage to the remote parking, and that they will require employees to park there. Mr. Dobbs added there was another issue to be resolved, which is a means of tying the properties together so that should one of them be sold the remote parking would have to remain as long as it is required for the use on the subject property. In addition, the Council requested the agreement between CRCO Properties and Mr. and Mrs. Nunez, be recorded in the public record so the provision stay with that property as well. The discussion briefly focused on using a portion of the right-of-way by installing a large culvert and expanding the on -site parking, that in reality created on -street parking, but only accessed through the parking lot, not from North Parrott or Northeast 7" Street. There is no provision in the Code to allow this. Permits would also have to be approved by both FDOT and South Florida Water Management District (SFWMD) and long term maintenance of the culvert assigned. Council Member Watford asked, should the remote parking only be approved, would that completely stop the project? Mr. Dobbs responded no, he then compared a large site plan drawing he brought with him to the smaller copy distributed in Exhibit 4. The copy of the site plan Mr. Dobbs showed Council Member Watford was obtained by the Clerk for public record. Council Member Watford moved to approve the remote parking lot only for CRCO Properties as presented for the above stated site and project, and that it does not include the on -street parking; seconded by Council Member Williams. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Discuss a proposed workshop recommended by the Planning Board The Planning Board requested a workshop with the City Council as a means to discuss how to proceed with to discuss Holding (H) Zoning category - City Planning Consultant addressing changes to the Holding Zoning and agricultural uses within the City. In an effort to clear up the (Exhibit 5). inconsistencies between the FLU Map, the Zoning Map and the actual use of properties, the Planning Board has been conducting workshops to review all these areas. Due to the number of properties that have to be addressed, Planner Brisson presented them by categories, the first being all with a Holding Zoning District. He offered a recommended zoning change that was based on consistency with the current FLU, or due to existing/surrounding uses, a recommendation to change both the FLU and zoning. JUNE 18, 2013 - REGULAR MEETING - PAGE 11 of 14 77 it AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. B. Discuss a proposed workshop recommended by the Planning Board to discuss H Zoning category continued, On September 20, 2012, the Planning Board offered a recommendation to the City Council regarding the proposed changes to these properties, which the City Council considered on October 16, 2012. However, they denied the majority with a request for the Planning Board to offer recommendations as to whether the City should recreate a Holding Zoning District. If yes, that they use the `orange zoning book' as a guide to draft proposed district regulations, and include light agriculture as one of the principle permitted uses. They also asked that they consider adding light agriculture uses in other permitted principle uses for other zoning districts and land use categories. Finally, once the City had all the amendments adopted, those effective property owners whose properties where denied rezonings at the October 16 meeting decide to keep the Holding zoning or rezone to what was being recommended by Planning Staff. At the February 21, 2013, Planning Board meeting a recommendation was offered to amend the Land Development Regulations by creating a Holding Zoning District and the specific regulations. Planner Brisson will be presenting this in ordinance format to the Council at a later date. However, Text Amendments to the Future Land Use Element of the Comprehensive Plan have to be approved first to allow these amendments. Due to an advertisement error, the proposed amendments considered on February 21, had to be reconsidered at the May 16, 2013 meeting as a public' hearing item. According to the discussion, the Planning Board was concerned that the Planning Staff's proposed' changes were not entirely the direction the Council had inferred. In an effort to understand how to proceed, the Board requested a workshop. Administrator Whitehall was instructed to coordinate a date and time that the majority of members from both boards could attend. Workshops are advertised as any type of meeting with a published agenda. The Council specifically noted that the discussion would only pertain to this subject. C. Motion to approve a Landscape Construction and Maintenance Council Member Watford moved to approve a Landscape Construction and Maintenance Memorandum of Agreement Agreement for the Florida Highway Beautification Council Grant - (between the City and Florida Department of Transportation) for a Florida Highway Beautification Council Grant (in City Administrator (Exhibit 6). coordination with Okeechobee Main Street [OKMS], in the amount of $100,000.00 for landscaping medians in Parrott Avenue, a/k/a/ State Road 15/US Highway 441); seconded by Council Member O'Connor, The City Council adopted Resolution No. 2012-08 on September 25, 2012, which authorized OKMS to apply for and accept a Highway Beautification Grant, and enter into a Highway Beautification Landscape Construction and Maintenance Agreement. The Grant was awarded as Project No. 433726-1, in the amount of $100,000.00.On April 3, 2013, the City committed to $17,000.00 matching funds (either monetary or in -kind services). Attorney Cook advised under paragraph seven of the proposed agreement, FDOT will pay the City for only costs allowed by Florida Statute 339.2405(11), explaining the grant shall provide for the costs of purchase and installation of a sprinkler system, the cost for plant materials and fertilizer. JUNE 18, 2013 - REGULAR MEETING - PAGE 12 OF 14 AGENDA COUNCIL ACTION - DISCUSSION -VOTE IX. NEW BUSINESS CONTINUED. C. Motion to approve a Landscape Construction and Maintenance Attorney Cook continued, the grant may provide for the costs for labor associated with the installation of the plantings Agreement for the Florida Highway Beautification Council Grant so long as it is specifically provided for in the grant. He recommended the City provide for these costs of labor in the continued. Landscaping Plan, which is a separate document, but an exhibit ("B") to this agreement. Council Member Watford moved to amend the motion on the floor to include that any costs for labor associated the installation of the plantings be addressed in the Landscaping Plan; seconded by Council Member Maxwell. VOTE ON MOTION TO AMEND KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED, D, Consider recommendation by the Code Enforcement Board for The item to consider a recommendation by the Code Enforcement Board for action to abate nuisance property located action to abate nuisance property located at 400 Southeast 10" at 400 Southeast 10" Avenue for demolition by Chief Smith (Exhibit 7), was deleted from the agenda. Avenue for demolition - Chief Smith (Exhibit 7). E. Motion to award a Street Sweeping Bid in the amount of $24,996,40 Council Member Watford moved to award a Street Sweeping Bid (No. PW-03-00-05-13, to the lowest bidder, for a five - annually, to Clean Sweep & Vac, LLC - Public Works Director year contract) in the amount of $24,996.40 annually, to Clean Sweep & Vac, LLC (of Stuart, as recommended by City (Exhibit 8). Staff); seconded by Council Member O'Connor. The City conducted the bid Opening on May 28, 2013, at 2:00 p.m. Other bidders and annual amounts for 1,086.8 curb miles, plus the City Hall parking lot were: All Seasons Landscape Contractors, Inc. of Ft. McCoy for $60,974.00; USA Services of Longwood for $64,252,52; and AmeriSweeps of Palm City for $26,007.12. Public Works Director Allen submitted a memorandum in Exhibit 8 which explained the current street sweeping contract was awarded to AmeriSweeps for the last seven years. In rebidding the services, he utilized Geographic Information System (GIS) tools that were not previously available, allowing staff to recalculate the actual curb miles being swept, which resulted in a reduction of $15,500 from the current annual contract. The references for Clean Sweep have been verified, the City of Stuart recently signed a second contract with them. The Mayor and Council received a copy of an email and letter from Mr. Craig Ahal, President of AmeriSweeps, in which he explained he could not attend the meeting tonight, and that their bid was an enhanced proposal to include special event sweeping and listed the community events. Administrator Whitehall explained that bids have to be compared on the same basis. The enhancements were not an option required by the City and therefore could not be a contributing factor in awarding the bid. .TUNE 18, 2013 - REGULAR MEETING - PAGE 13 of 14 79 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. E. Motion to award a Street Sweeping Bid in the amount of $24,996.40 VOTE annually, to Clean Sweep & Vac continued. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. F. Motion to approve a temporary change to the City's Housing Council Member Watford moved to approve a temporary change to the City's Housing Assistance Plan (HAP, adopted Assistance Plan to allow the City Administrator to temporarily by Resolution No. 2010-08) to allow the City Administrator to temporarily approve change orders for only code and/or approve change orders for only code and/or health/safety violations health/safety violations for the final three CDBG-HR projects (Contract No. 10DB-05-07-57-02-H08); seconded by for the final three (3) CDBG projects - City Administrator (Exhibit 9). Council Member O'Connor. City Grant Consultant Nancy Phillips is requesting the change in the current HAP, which allows the Grant and City Administrator's to approve change orders up to three thousand, five hundred dollars, to allow them to approve all change orders resulting from code, safety, or health violations only. The City currently has homeowners for the Ervin, Massey and Koger projects, staying in hotels while their homes are being completed, with efforts being made to return them home as quickly as possible. The CDBG funds cover the expenses for their temporary relocation. Due to the City Council summer meeting schedule, waiting to approve these potential change orders could delay the projects, causing further change orders for time allowance. All change orders approved under this temporary HAP change, will be presented to the City Council for final authorization. KIRK - YEA WATFORD - YEA VOTE MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. G. Motion to approve a change order for a CDBG Housing Applicant in Council Member Watford moved to approve a change order for a CDBG-HR (Contract No. 10DB-05-07-57-02-H08) the amount of $7,628.00 for the installation of a new roof - City Housing Applicant (Mattie Ervin) in the amount of $7,628.00 for the installation of a new roof (project at 920 Northwest Administrator (Exhibit 10). 111 9" Street); seconded by Council Member Williams. This project was originally awarded as Bid No. ADM-01-00-01-13 to Sinemark Construction, LLC, in the amount of $30,900.00. Ms. Phillips reported through a memorandum in Exhibit 10 that two other change orders were approved for this project. The first was in the amount of $877.00 to remove and install a new water heater and drain pan. The second was for $1,248.00 to remove and install a rear utility room door. Total for all three change orders is $9,753.00, and there are sufficient CDBG-HR funds to cover these items. JUNE 18, 2013 - REGULAR MEETING - PAGE 14 OF 14 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. G. Motion to approve a change order for a CDBG Housing Applicant in VOTE the amount of $7,628.00 for the installation of a new roof continued. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA ITEM ADDED: H. Update from South Florida Water Management District - Gary Ritter, Okeechobee Operations Center Director. X. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for thesote purpose of backup for official records of the Clerk, ATTEST: �} '"s E. i , Mayor `—, Dowling R. Watford, Jr., Mayor Pro=.e-fro Lane Gami6tea, *CW, City Clerk WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mr. Gary Ritter, Director for SFWMD Okeechobee Operations Center gave an update on the condition of Lake Okeechobee. Water discharges continue from the lake as it is currently 13.9 feet, and the ideal depth is 12.5 feet. The SFWMD Executive Director, Melissa Meeker, recently resigned and Mr. Ernie Barnett was appointed as Interim Executive Director, Council Member O'Connor asked how Mr. Barnett compared to Mr. Bob Brown, who was instrumental in helping Okeechobee during all the flooding with the storms. Mr. Ritter responded Mr. Barnett has always been very responsive, has always listened to concerns, he understands this area, and he and Mr. Brown graduated college together. Mr. Ritter also reminded everyone the June 71h meeting of the County Coalition for Responsible Management of Lake Okeechobee and the St. Lucie and Caloosahatchee Estuaries and Lake Worth Lagoon was postponed to this Friday. They are meeting at the Okeechobee County Court House. This Coalition is a multiple County based advisory group organized primarily for the purpose of providing the general public, the South Florida Water Management District, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, the Florida Legislature, and various groups and committees with a body which will present a variety of issues dealing with the health and welfare of the lakes, estuaries, and riverine systems consisting of Lake Okeechobee, the St. Lucie and Caloosahatchee Estuaries, and Lake Worth Lagoon, and all of the bodies of water connected to those. No official action was necessary on this item, the Mayor and Council noted their appreciation for the updates. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 8:23 p.m. The next regular scheduled meeting is July 16, 2013, at 6:00 p.m. CITY OF OKEECHOBEE DUNE 18, 2013 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF CALL TO ORDER - MAYOR: June 18, 2013, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor +i Council Member Dowling R. Watford, Jr. +� Council Member Clayton Williams L' City Administrator Brian Whitehall L--- City Attorney John R. Cook City Clerk Lane Gamiotea ;✓ Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith i — Public Works Director David Allen IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present a Five -Year Longevity Service Award to Ryan Holroyd. B. Present a Ten -Year Longevity Service Award to Adam Crum. C. Proclaim the week of June 17 - 21, 2013 as "Small Business Week.' �/�J' June 18, 2013 PAGE 2 of 4 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 21, 2013 Regular Meeting. W / , VI. WARRANT REGISTER - City Administrator. , A. Motion to approve the May 2013 Warrant Register. �� (JW .,0 General Fund $453,089.53 Public Facilities Improvement Fund $ 73,847.68 Community Development Block Grant Fund $ 5,183.00 Community Development Block - Economic Grant Fund $ 1,265.10 Law Enforcement Special Fund $ 135.00 Capital Improvement Projects Fund $ 109.62 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 106 Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION. A.1.a) Motion to read by title only proposed Ordinance No. 1098, Application No. 13-001-SSA, submitted by owner, Okeechobee Asphalt & Ready Mix Conrete, Inc., for a small-scale amendment to the Future Land Use Map, from Single Family to Industrial - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. 0 /5,AW / 111"_ c) City Attorney to read proposed Ordinance No. 1098 by title only. 2.a) Motion to adopt proposed Ordinance No, 1098. i b) Public comments and discussion. c) Vote on motion. June 18, 2013 PAGE 3 of 4 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED B.1.a) Motion to read by title only proposed Ordinance No. 1096, Rezoning Application No. 13-001-R, submitted by owner, Okeechobee Asphalt & Ready Mix Concrete, Inc., to rezone Lots 1-5 of Block 44, City of Okeechobee from RMF to IND - City Planning Consultant (Exhibit 2).� ` f� b) Vote on motion to read by title only. I-Aetk� eAAA-�, c) City Attorney to read proposed Ordinance No. 1096 by title only. 2.a) Motion to adopt proposed Ordinance No. 1096. b) Public comments and discussion. c) Vote on motion. / C CA.a). Motion to read by title only proposed Ordinance No. 1097, extending a moratorium on the collection of the City's Public Works Impact Fees, Law Enforcement Facilities Impact Fees, and Fire Impact Fees - City Attorney (Exhibit 3). b) Vote on motion to read by title only. A c) City Attorney to read proposed Ordinance No. 1097 by title only. 2.a) Motion to adopt proposed Ordinance No. 1097 b) Public comments and discussion. c) Vote on motion. aJ�u c CLOSE PUBLIC HEARING. 2,'1-5— IX. NEW BUSINESS. A. Consider a request for approval of a remote parking lot to accommodate parking for a new fitness center - Steven Dobbs, CRCO Properties (Exhibit 4) B. Discuss a proposed workshop recommended by the Planning Board to discuss Holding (H) Zoning category - City Planning Consultant (Exhibit 5). C. Motion to approve a Landscape Construction and Maintenance Agreement for theFloridaHighway Beautification Council Grant - City Administrator (Exhibit 6). ,: �i�%�� /,�!.d�t d�, �- i lrzk4 Q� /(l�t�i 6 U D. Consider recommendation by the Code Enforcement Board for action to abate nuisance property located at 400 SE 10`h Avenue for demolition - Chief Smith (Exhibit 7). E. Motion to award a Street weeping Bid in the a --mount m� ount of $24,996.40 annually to Clean Sweep & Vac, LLC - Public Works Director (Exhibit 8). F. Motion to approve a temporary change to the City's Housing Assistance Plan to allow the City Administrator to temporarily approve change orders for only codgg.�and/or health/safety violations for the final three (3) CDBG projects - City Administrator (Exhibit 9). /51 f c 1' / U",,,& -Jt4 ! b-� G Motion to approve a change order for a CDBG Housing Applicant in the amoun of $7,628.00 for the installation of a new roof - City Administrator (Exhibit 1(l). ")ia X. ADJOURN MEETIN . �`� /�^ ✓"�"�' q v� c �c"i 0/1 Jul �/J�-a-�iJ PLEASE TAKE NOTICE AND BE ADVISED that if aApersdesires to appeal any decision made by e City uncil with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk. June 18, 2013 PAGE 4 of 4 e4 �,� � ot7d _ . OAt lq� �F ? _ lid �" /-'V / -k j t -� L , ej-eoa� ' V--- - G� ule� _Get Jt-o f t 4,6� ��, (I - Lu Mvt 2 C "Jkf v 1��cam. c— )-L9tu' ,ca- C �1� l 4-4 v(.. .. C % 11/l/ ,,(�i�'j ft.X� C _ W_'� .V'.a4t' x-,�' '" Vey Otl Yl lm-e - I jutj PW til f�� w- 'RDEPENDENT _ _ -NEWSPAPERS OKFECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a—,�4iA�='._:_V� r in the matter of........- t in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of —— _ A.ffiant .further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the .first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. r f 1' Tom Byrd Sworn to and subscribed before me this ---day of -x -.. ._6L..1-;�AD Notary Public, State of Florida at Large (863) 763-3134 CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okee- )bee will meet in Regular Session on Tuesday, Tune 18, 2013 at 6,00 I., at Gty Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. Tie public rafted and encouraged to attend. 'LEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a Med court reporter will be made of the foregoing meeting. Accordingly, person who may seek to appeal any decision involving the matters no- sl herein will be responsible for making a verbatim record of the testimo- and evidence at said meeting upon which any appeal is to be based. ase contact C ty Administrat on at 863-763-3372, or website w c tvofok hob om to obtain a copy of the agenda. n accordance with the Americans with Disabilities Ad (ADA) of 1990 per- s needing special accommodation to participate in this proceeding uld con. the C ty Clerk's Otf ce at 863-763-3372 for assistance. Lane Gamiotea, CMC, Gty Clerk ANGIE BRIDGES +; AW+: MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 ' pf Bonded Thru Notary Public Underwriters -'1.eM•!plCS.i'A��"IN�i.S'.':'M::...�e'i'.s..M.w�✓nwwev�....w.�._.-._.. Presented To: RYAN D. HOLROYD In Recognition of Your Five Years of Service, Hard Work, and Dedication to the City of Okeechobee, its Citizens, and your fellow employees June 8, 2008 to June 8, 20I3 Presented on this 18"' day, of June, 2013 on behalf of the Mayor and City Council for the City of Okeechobee, Florida James F Kir Mayor Attest:-, G Lane Gamiote CMG, City Clerk Presented To: In Recognition of Your 10-Years of Service, Hard Work, and Dedication to the City of Okeechobee, its Citizens, and your fellow employees June 11., 2003 to June. .11., 2013 Presented on this 18'hday of June, 2013 on behalf of the Mayor and City Council for the City of Okeechobee, Florida James E. Kirk, mayor Attest: Lahe Gamiolt CMC, City Clerk Bio on Firefighter Adam Crum: Mr. Adam Dean Crum is a long time resident and an OHS graduate, Class of 1999. He is an Advanced Certified SCUBA Diver, Certified EMT and Firefighter, having graduated from the IRSC Fire Academy in 2003. Mr. Crum worked in Fire Safety for the Sebring International Raceway while attending the academy, as well as the City of Okeechobee and Lorida Firefighter Volunteer Departments. He began his career at the City Fire Department on June 11, 2003. During the last 10 years, he has successfully completed many educational courses and has received praise for his assistance with repairs and maintenance on equipment and vehicles, which in turn helps the Department financially. Earlier this year he was elected by the Pension Fund Members to serve on the Board of Trustees which oversees the Firefighters Retirement Plan. It is an honor to recognize his 10 years of service with a framed certificate of longevity and an engraved portfolio. t Office of the Mayor -4, Okeechobee, Florida WHEREAS, the City of Okeechobee was built on the dreams of entrepreneurs and adventurers who dared to chart their own paths; and WHEREAS, staying true to this legacy of innovation, our local small businesses continue to blaze new trails of success; and WHEREAS, small businesses power our economy; and WHEREAS, the City of Okeechobee wishes to recognize small businesses for the key role they play in keeping our economy strong. NOW THEREFORE, I, James E. Kirk., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the week of June 17 through June 21, 2013 as "Small Business Week" in the City of Okeechobee and urge all citizens to join with us in this observance as we celebrate the accomplishments of small business owners and their employees and encourage the development of new small businesses. In witness whereof I have hereunto set my hand and caused this seal to be affixed. ames E. Kirk, Mayor Attest Lane Gamibtea, City Clerk, CMC -F Date: June 18, CITY OF OKEECHOBEE PROCLAMATION Small Business Week WHEREAS, the City of Okeechobee was built on the dreams of entrepreneurs and adventurers who dared to chart their own paths; and WHEREAS, Staying true to this legacy of innovation, our local small businesses continue to blaze new trails of success; and WHEREAS, Small businesses power our economy; and WHEREAS, the City of Okeechobee wishes to recognize small businesses for the key role they play in keeping our economy strong; NOW, THEREFORE, the City Council of the City of Okeechobee, does hereby proclaim: June 17th — June 21st, 2013 as "Small Business Week" and proclaim June 21st, 2013, as "Small Business Day" in the City of Okeechobee We urge all our citizens to join with us in this observance as we celebrate the accomplishments of small business owners and their employees and encourage the development of new small businesses. Dated this 18th day of June, 2013. ATTEST: Name of Person(s) Group or Organizations Represented: Small Business Administration Small Business Development Center Chamber of Commerce of Okeechobee County Okeechobee Main Street Economic Council of Okeechobee County City Council- Small Business Week Proclamation- June 18, 2013 Names in attendance per support organization: Small Business Administration: Vincent Lopresti, Area Manager. Small Business Development Center: Duke Eva s, Business Analyst, and Cedric Gibson, Regional Director. Chamber of Commerce of Okeechobee County: John Gurney, Business Advocacy Committee Chairman, and Antoinette Rodriguez, Executive Director. 1/ Okeechobee Main Street: Maureen Burroughs, President, and Sharie Turgeon, Executive Director.9t,", �� '-, Exhibit 1 June 18, 2013 ORDINANCE NO. 1098 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO INDUSTRIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues provides for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 13-001-SSA), submitted by Robert Gent, Registered Agent for Okeechobee Asphalt and Ready Mixed Concrete, Inc., for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on May 16, 2013, which determined such application to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 1.493 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Ordinance No. 1098 - Page 1 of 2 a. Application No. 13-001-SSA, from Single Family to Industrial. The Legal Description of Subject Property is as follows: Lots 1 through 5 and the North 40 feet of Lots 7 through12, of Block 44, City of Okeechobee, Plat Bk 5, Pg 5, Okeechobee County Public Records; together with Beginning at the Northwest corner of Block 45 of said Plat, and run West 150 feet to the East line of Northwest 8th Street; thence South along the East line of Northwest 8th Street, 200 feet to the North line of Seaboard Air Line Railroad right-of-way; thence East along the North line of said railroad 150 feet to the Southwest corner of Lot 4 of said Block 45; thence North along the West line of said Block 45, 200 feet to the Point of Beginning; being a part of the former but now abandoned, Florida East Coast Railway right-of-way; Less the East 60 feet thereof; said land situate lying and being in Okeechobee County, Florida. SECTION 4. INCLUSION OF ORDINANCEAND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended March 3, 2009", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No.1098 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and final public hearing on this 18T" day of June, 2013. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 18" day of June, 2013. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Ordinance No. 1098 - Page 2 of 2 INDEPENDENT _ NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attache copy of advertisement being a _ _ t__ in the matter of (.,, ,': +,+..tip , ut'` > _ L' in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for --publication in the said newspaper. - r Toni Byrd Sworn to and subscribed before me this Y AD Notary Public, State of Florida at Large " «= ANGIE BRIDGES MY COMMISSION # EE 177653 q, as pFd ' EXPIRES: April 20, 2016 Bonded Thry Notary public Underwriters (863) 763-3134 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, pFFlplloosrrssida will on Tuesday, June 18,gg2013 at N to consider final readlr p6:00 p.m. or as soon thereafter lbleat on of the followinOrdinance intoHall, 55 SE 3rd Ave., Okeechobee, FL, conduct a PUBUC ollaw: No. .110 8: AN ORDInNANCE OF THE CITY OF OKEECHO EE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FU- TURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PAR- TICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO INDUSTRIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. The Ordinance is regarding Small Scale Comprehensive Plan Future Land iUse Map Amendment Application No. 13-001-SSA, submitted by property owner, Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixefod Concrpertoe, Inc., to 1.493 charge the Flocated uture Lann the d Use designation from SF toNW `9lhrST The pro tporysed use is to extend the rexisti70p ant and 800 blocks of LEGAL• Lots 1 through 5 and the North 40 feet of nnggLots 7 through 12, of Bock 44, City of Okeechobee, Plat Bk 5, Pg 5, Okeechobee County Public Records; together with Beginning at the Northwest comer of Block 45 of said Plat, and run West 150 feet to the East line of Northwest 8th Street; thence South along the East line of Northwest 8th Street, 200 feet to the North line of Seaboard Air Line Railroad right-of-way; thence East along the North line of said railroad 150 feet to the Southwest corner of Lot 4 of said Block 45; thence North along the West line of said Block 45, 200 feet to the Point of Beginning; be• ing a part of the former but now abandoned Florida East Coast Railway right-of-way; Less the East 60 feet thereof; said land situate lying and being All members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance may be inspected in its entirety by mem- bers of the public at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM4:30 PM, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, artyperson who may seek to appeal any decision Involving the matters no- ticed herein will be responsible for making a verbatim record of the testimo- ny and evidence at said meeting upon which any appeal is to be based. Please contact City Administration at 863-763-3372, or website w �w citvofokee nobee min. to obtain a copy of the agenda, In accordance with the Americans with Disabilides Act (ADA) of 1990 per- sons needing special accommodation to participate in this proceeding should contact the City Clerk's Office at 863-763-3372 for assistance. by: James E. Kirk, Mayor Lane Gamlotea, CMC, City Clerk [7 MAY 16, 2013 - PLANNING BOARD - PAGE 2 OF 9 AGENDA V. OPEN PUBLIC HEARING - Chairperson. A. Application No. 13-001-SSA submitted by Okeechobee Asphalt and Ready Mixed Concrete, Inc., is requesting to change the Future Land Use classification from Single Family to Industrial on Lots 1 through 5 and 7 through 12 of Block 44, City of Okeechobee, together with a 0.413 acre unplatted parcel, located in the 700 and 800 blocks of NW 9" Street (Exhibit 1). Hear from Planning Staff, ACTION - DISCUSSION - VOTE CHAIRPERSON PRO-TEM BRASS OPENED THE PUBLIC HEARING AT 6:03 P.M. Application No. 13-001-SSA, submitted by Okeechobee Asphalt and Ready Mixed Concrete, Inc., is requesting to change the Future Land Use (FLU) classification from Single Family to Industrial on Lots 1 through 5 and 7 through 12 of Block 44, City of Okeechobee, together with a 0.413 acre unplatted parcel, located in the 700 and 800 blocks of Northwest 9" Street. Chairperson Pro-Tem Brass yielded the floor to Planning Consultant Brisson who reviewed the application highlights and pointed out there had been a mapping error with the FLU and Zoning maps, and some copies may be incorrect. These parcels have been discussed as conflicts between the FLU and Zoning maps at a workshop held last year. The consensus of the Board at that time was to change the FLU and Zoning to Industrial for Lots 7 through 12 of Block 44, and the 0.413 acre parcel due to the contiguous proximity to the railroad and that the depth of the lots made them unsuitable for residential use. For Lots 1through 5 of Block 44, the consensus was to change the FLU to Multi -Family due to the long time resident and owner of Lot 6 having the right to expect that the other lots would be used for residential purposes. Planner Brisson explained that the Board should base their decision on the Planning Staff report, the application, their discussion, and what is presented during the Public Hearing, in addition to the fact that a Petition for a rezoning of these parcels is to follow. Board Member Ritter questioned the recommendation for Industrial on Lots 7 through 12 as these were located adjacent to the residential ones and suggested there should not be an encroachment to the residential area. Board Member Baughman questioned the fit of residential in this area, where there are so many Industrial uses and in trying to keep the consistency within our Land Use and Zoning. Since there are Industrial uses all around this area, in order to keep it consistent, it should be Industrial, adding there is a major intersection at Northwest 9" Street and 9" Avenue, with heavy truck traffic. Board Member Baughman then turned to the area that has been identified as the Commercial Corridor as an example and how this affects the residential area surrounding those property owners. Board Member Brass interjected the biggest difference between these Commercial and Industrial areas is a geographic need. Should a resident already be contending with Industrial properties, compounded by the railroad, with the perception that the industrial expansion has been held back until recently, they may feel like they have been sold down the road cause Industrial Zoning is much more invasive than the Commercial Zoning. MAY 16, 2013 - PLANNING BOARD - PAGE 3 OF 9 M II AGENDA III ACTION - DISCUSSION - VOTE II V. PUBLIC HEARING CONTINUED. A. 2. Hear from the property owner or designee/agent on Application No. 13-001-SSA. Public comments or questions from those in attendance, or submitted to the Board Secretary. Disclosure of Ex-Parte communications by the Board. 5. a) Consideration of a motion to recommend the City Council approve or deny application. Mr. Robert Gent, General Manager for Okeechobee Asphalt and Ready Mixed Concrete addressed the Board by first thanking Mr. Brisson and stating that even though he didn't agree with his recommendation, he did agree that should there be an empty lot present in a residential neighborhood, one would expect a home to be built upon it. However, Northwest 91" Street is around 90 percent Industrial activity, and the railroad borders to the South. He stated he thought his company had always been a "good neighbor" and they have tried to clean up the business. When he originally purchased Lots 1 through 5, there were three abandoned homes on it that were demolished. The lots are not really big enough to build anything other than a small single family home. Okeechobee Asphalt is trying to be more competitive and he is hoping to increase his personnel by next year. At the moment, his intent is to use this property for materials and supply storage. Member McCreary inquired as to whether the resident of Lot-6 would be inundated with dust and dirt. Mr. Gent replied that he is sensitive to the fact that there is a home adjacent to this property, so he plans to construct a small wall and landscaping to buffer the impact as well as beautification. Chairperson Pro -Tern Brass asked whether there were any comments or questions from those in attendance. There was none. Chairperson Pro-Tem Brass asked whether Board Members had ex-parte communications to disclose for the record. There was none. Planning Staffs findings are as follows: The primary goal of the FLU Element is to continue to maintain a high quality living environment through a well -planned mix of compatible land uses and to preserve its distinctive natural and historic resources, and to provide public services to its residents at a minimum cost. Even though the applicant purchased the property and has been using it for storage of materials, Planning Staff does not find the application to be consistent with the Goals, Objectives and Policies of the Comprehensive Plan. In regards to consistency of other aspects of the Comprehensive Plan, Planning Staff agrees there should be no appreciable effects on the projected population of the City, adjacent unincorporated areas, traffic levels, or public facilities and services. Board Member Baughman made a motion to recommend the City Council approve Application No. 13-001-SSA, submitted by Okeechobee Asphalt and Ready Mixed Concrete, Inc.,to change the Future Land Use classification from Single Family to Industrial on Lots 1 through 5 and 7 through 12 of Block 44, City of Okeechobee, together with a 0.413 acre unplatted parcel, located in the 700 and 800 blocks of Northwest 9t' Street, based on consistency and the Industrial activity surrounding the area along with the railroad; seconded by Board Member McCreary. MAY 16, 2013 - PLANNING BOARD - PAGE 4 OF 9 II AGENDA III ACTION - DISCUSSION - VOTE II V. PUBLIC HEARING CONTINUED, A. 5. b) Board discussion of a motion to recommend the City Council �� Chairperson Pro Tem Brass asked whether there was any further discussion. There was none. approve or deny Application No. 13-001 -SS A continued. c) Vote on motion. HOOVER -ABSENT BURROUGHIS-ABSENT BAUGHMAN-YEA BRASS -No KELLER-YEA McCoy - ABSENT RITTER - YEA CREASMAN - YEA MCCREARY - YEA MOTION CARRIED. The recommendation for Application No. 13-001-SSA will be forwarded to the City Council for consideration at a final Public Hearing on June 18, 2013 B. Petition No. 13-001-R submitted by Okeechobee Asphalt and Ready Petition No.13-001-R submitted by Okeechobee Asphalt and Ready Mixed Concrete, Inc, is requesting to rezone from Mixed Concrete, Inc. is requesting to rezone from Residential Multiple Residential Multiple Family and Residential Single Family -One (RSF-1) to Industrial on lots 1 through 5 of Block 44, City Family and Residential Single Family-1 to industrial on Lots 1 through of Okeechobee, together with a 0.413 acre unplatted parcel, located in the 700 and 800 blocks of Northwest 9" Street. 5 of Block 44, City of Okeechobee, together with a 0.413 acre unplatted parcel, located in the 700 and 800 blocks of NW Y' Street (Exhibit 2). 1. Hear from Planning Staff regarding Petition No. 13-001-R. Planning Consultant Brisson explained to the Board that in association with the previous application the applicant is requesting to rezone the property as well. As previously explained, the City maps were recently updated and the unplatted parcel was erroneously marked as RSF-1. It, along with Lots 7 through 12, are already Industrial. Since the recommendation is to change the FLU, then the rezoning should reflect the same. 2. Hear from the property owner or designee/agent. III The applicant was present and did not have anything further to add. 3. Public comments or questions from those in attendance, or Chairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There was submitted to the Board Secretary. III none. 4. Disclosure of Ex-Parte communications by the Board. Chairperson Pro-Tem Brass asked whether Board Members had ex -pane communications to disclose for the record. There was none. 5. a) Consideration of a motion to recommend the City Council Planning Staffs findings are as follows: This rezoning is being addressed concurrently with a Small Plan Amendment approve or deny petition. to the City's FLU Map. Staff has recommended denial of this request and has recommended it be changed to Multi - Family instead. Exhibit 1 City of Okeechobee Date: S-1 (—1g` _petition No. General Services Department 41tjl yee Paid: GE5140 f tte Y j risdiction: P i 55 S.E. P Avenue, Room 101 Okeechobee, Florida 39974-2903 tA Hearin — i - 12 Hearin --� —---' Publication Dates: _.. _ Phone: (863) 763-M72, ext.218 Fax: (863) 763-1686 !_ Notices Mailed - IV TtC) i,FOR, 'CC MPF fIENSIV CaE.AN MENE71ViENt TO BE COMPLETED BY CITY STAFF: Verified FLUlyi Verified Zoning Designation: C Plan Amendment Type: ❑ Large Scale (LSA) involving over 10 acres or text amendment Xf Small Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More than 10 but less than. 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages. high unemployment, instability of employment, and/or other indices of economically distressed communities. APrucANT ftFASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets_ The total number of sheets in your application is: `''PPjifie. t 11 1rt�cl. LI-XC"bd 4iw- 0.1413CL6 Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant- 1, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. Bate ram:_k �=%� Signature of Owner or Authorized Representative* *Attach Notarized Letter of 0wrier's Authorization For questions relating to this application packets call the General Services Dept. at (863)-763-3372, Ext. 218 Page 1 of 7 Applicaton for Comprehensive Plan Amendment (6/09) ' ' 1. , , ' IAPPLIGAN'CIr4GENT/C�'NNER NFCRMAT16N Bob Cent - Okeechobee Asphalt & Ready Mixed Concrete, Inc. Applicant: 503 NW 9th Street Address Okeechobee Florida 34972 City State Zip (863) 763-7373 (863) 763-7379 bgent@lynchpaving.com Telephone Number Fax Number E-Mail Jeffrey M. Sumner, PE - AECOM Technical Services, Inc. Agent* 3550 SW Corporate Parkway Address - Palm City Florida 34990 City State Zip (772) 219-2931 (772) 286-3925 jeff.sumner@aecom.com Telephone Number Fax Number E-Mail Same as applicant. Owner(s) of Record Address City State Zip Telephone Number Fax Number E-Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other profdssionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext., 218 Page 2 of 7 Applicaton for Comprehensive Plan Amendment (6/09) !i. - REtUEsTti etANt3E:Please�.see Setiont.e�ct�dut�} A. TYPE: (Check appropriate type) ❑ Text Amendment ® Future Land Use Map (FLUM) Amendment B. SUIMMARY of REQUEST (Brief explanation): Amend the Future Land Use designation of Lots 1-5 and 7-121, Block 44 from the existing Single Family to proposed Industrial. n vA i vini , . An `U, n if" d i'2 .AA I 1y f1 �5 -•- md • • ■ -�•- RIMMAKNIUMASMIA. PROPERTY LocATIOIV: 1. Site Address: NW 9th Street and NW 9th Avenue (see attached Figure A-1, Aerial Map) �tp �- 2. Property ID #(s): 3-15-37-35-0010-00440-0010, 3- 4-N _3 f '��-- '�-_ 3-15-37-35-0010-00440-0030, and .�•,N"37Al(� B. PROPERTY INFoRmAnoN (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) I . Total Area of Property: 1 acres 2. Total Area included in Request. 1- �`es; , cre s a. In each Future Land Use (FLGT) Category: (1) 1."Iacres - SINGLE-FAMILY (2) (3) (4) b. Total Uplands: 1."'acres C. Total Wetlands: 0 acres For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Current Zoning: IND / RMF / A F 1 4. Current FLU Category: SINGLE-FAMILY 5. Existing Land Use: VACANT ^ 6. RNuested FLU Caiegpn INDUSTRIAL D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU/Acre) 4 DU/ac Number of Units 4 Commercial (sq. ft.) Industrial (sq. ft.) 23,500 At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Depalunent of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. A. GENERAL INFORMATION AND MAPS Unless otherwise specified, the Applicant must provide the following materials .for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. NIP, I. Wording of any proposed text changes. Not applicable. /2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. See Figure F-1, tta led. 3. A map showing existing land uses (not designations) of t be subject property and surrounding properties. See Figure E-1,attached. ✓ 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. See attached Application Summary letter. ✓ 5, Kai) Myny ifrif zon r aoc clsubject property and surrounding properties. See,/b. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. Boundary survey, prepared by GSI, attached. For questions relating to this application packet, call the General Services Dept. at (863)-763-3312, Ext. 218 Page 4 of 7 Applicaton for Comprehensive Plan Amendment (6109) 7. A copy of the deed(s) for the property subject to the requested change. See attached. V 8. An aerial map showing the sub ,Aect groperty and surrounding properties. See Figu e A-1, atta he . a` 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. Not app 1 i c ab 1 e . B. PUBLIC FACILITIES IMPACTS See attached Public Facilities Impact Statement letter. Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Usc designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. C. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten-year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use, designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak. season population. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; b. Water and Sewer; C. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's U and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of Wetlands and aquifer recharge areas. Not applicable. 2. Soils posing severe limitations to development. Not applicable. Uniquehabitat. Not applicable. 4. Endangered species of wildlife and plants. Not applicable. S. Floodprone areas. Not applicable. A INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Discuss how the proposal affects established City of Okeechobee population projections. No impact on population projections. 2. List all goals and objectives of the Bonita Springs Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. Not applicable. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. No affect on County' s Plan. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevaht to this plan amendment. Not applicable. For questions relating to this application packet, call the General Services Dept, at (863)-763-3372, Ext. 218 Page 6 of 7 Applicawn for Comprehensive Plan Amendment (6/09) E. JUSTIFICATION OF PROPOSED AMENDMENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. see attached Application Summary letter. 1f; PEE SCHEDULE: Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) $850.00 plus $30.00 per acre Text Amendment Flat Fee $2,000.00 each + i+ I, Bob Gent certify that I am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enter upon the property during normal working hours for the purpose of investigating and evaluating therequestmade through this application. Signature of Owner or Authorized Agent Date *------ T Typed or Printed Name STATE OF_ (� r ► Cx i Cotes O The foregoing instrument was certifie ands scribed before me this day of [r AO k 20 , by , who is pto me or who has produced as identification. r JACQUELINE J PALMER MY.COMMISSION # EE02403' EXPIRES September 07, 2014 printed Nye of Notary Public r� Commission Expires on: k t �' 4 For questions rela ng to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 7 of 7 -41v5- 10 1? a 191 20 121 ?2 23, 24 25{ 261 t j is bi j 1u;1, 112' NW 11 TH STREET 11110 p 8 7 1 61 5 4 31 2, I 17 10 19F 20 !21 22122 24 25 ENA". 10 TI-I !STREET 7 4 3' 2 12 Lu ----------- MW 9 TH :STFEET 16 17 19 19 20 21 22 23 24 25 26 KA O 430 t NE It It) 9 9 7 fi 5 4 3 2 1 i 163 17 18 19 2P 21 22 Z3 24 75 2a. -r 6 5 4 311 L i L AS= AMU Isma'u'. soft'm me. Fm im. tw'- iew ~0&13,"�, uj :31 z ob s 4 3 211 1 w D z Lu 2: i— w SUBJECT PROPERTY i 5 4 3 2 1 F 6 9 10 Ii 12 LYNCH PAVING N.W. 9TH STREET 16 N. W. 8 TH 13 >1 14 ,,c 15 162 17 18 18 COMPREHENSIVE PLAN LAND USE 1 SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL FUTURE LAND USE DESIGNATIONS PUBLIC FACILITIES RESIDENTIAL MIXED USE AEC OM FIGURE PROjECT NO. I 6.102685% 1 F-1 4--o, tot-,SS4- -ffa) /ateLYNCH PAVING AECOM EXISTING LAND USES E-1 A 1-4 R A COM March 8, 2013 Mr. Bill Brisson Planning Consultant, City of Okeechobee AECOM 772 286 3883 tel 3550 S.W. Corporate Parkway 772 286 3925 fax Palm City, Florida 34990 www.aecom.com RE: Requested Comprehensive Plan Amendment Block 44, City of Okeechobee — Okeechobee Asphalt & Ready Mix Concrete, Inc. Summary and Public Facilities Impact Statement Dear Bill: This letter is intended to summarize the above -referenced application, and to provide a Public Facilities Impact Statement as required by the City. The application is concurrent with an application for rezoning of a portion of the same property. Application Summary Okeechobee Asphalt & Ready Mix Concrete, Inc. (Applicant) owns the property subject to this application: Lots 1-5 and 7-12, Block 44 in the City of Okeechobee. The property is currently vacant, �� t�j3ttC and is bounded to the west by mixed residential and institutional uses (church), on the south by a railroad right-of-way, on the north by a vacant parcel owned by a church and a vacant commercially - zoned parcel owned by the Applicant, and on the east by the existing asphalt and concrete plant owned by the Applicant. The subject parcel has a current FLU designation of SINGLE-FAMILY, as shown on the attached Figure F-1 — Future Land Use Designations. Lots 7-12 are currently zoned INDUSTRIAL (IND), and Lots 1-5 are currently zoned RESIDENTIAL MULTIPLE FAMILY (RMF)., WLL. CEO, pacc.� is lcwwd RSV 1 The Applicant requests amendment of the Comprehensive Plan to change the Land Use designation of the subject property from SINGLE-FAMILY to INDUSTRIAL. The Comprehensive Plan Amendment would make the existing zoning of Lotsg�-�2 cgis ent with the Comprehensive Plan, and would allow for proper re -zoning of Lots 1-5this � zo ing is being requested under a concurrent application). The requested change in FLU and zoning will allow for use of the subject property consistent with the operation of the existing plant. Specifically, the applicant intends to utilize the subject property for material storage. The use is consistent with the surrounding area, and makes appropriate use of the existing rail line on the south side of the property. Public Facilities Impact The Applicant intends to utilize the subject property for storage of materials associated with operation of the existing asphalt/concrete plant, and therefore impacts to public facilities are expected to be minimal. However, it is understood that the application must calculate impacts based on a "maximum development scenario". Therefore, utilizing a maximum building coverage of 50% (per City Land Development Regulations), it is assumed that the subject property could, at most, include 23,500 square feet of Industrial floor area. c:\documents and settings\sumnerj\desktop\lynch paving\summary and impact statement -flu amendment final 08-march-2013.docx A COM 1. Traffic Analysis Traffic anticipated for industrial property is widely variable in the ITE manual, and based on specific criteria for the development which cannot be known at this time (number of employees, etc.) Industrial use of the subject property is not anticipated to increase traffic flows above what would be expected with development of the subject property as single- family residential lots. A detailed Traffic Impact Analysis is not being provided. 2. Water, Sewer and Recreation/Open Space The existing residential lots, if developed, could conceivably generate 456 gallons per day (114 gallons per day per unit). The proposed use could generate up to 3,525 gallons per day (0.15 gallons per day per square foot). Recreation / Open Space analysis is not applicable. 3. Adequacy of Existing Public Facilities The proposed use is consistent with surrounding development, and it is anticipated that, even in the maximum -development scenario, the proposed Land Use change would not be burdensome to existing public facilities for solid waste and water/sewer. The proposed use would decrease the potential burden on public schools compared to the existing land use. All other questions are addressed directly in the application. If you require any further information, please do not hesitate to contact me at your earliest convenience at 772-219-2931, or jeff.sumner@aecom.com. Thank you in advance for your assistance. Sincerely, AECOM Technical Services, Inc. Jeffrey M. Su her, PE Managing Engineer Cc: Bob Gent, Owner 6documents and settings\sumnerj\desktop\lynch paving\summary and impact statement -flu amendment final 08-march-2013.docx 1 16 I } 8 19 20 ; 21 42 23 _ 25 N.'W_ 11 TH STREETlot •rrr 1 13 11 10 8 7 5 5 4 1 3^ Z 1 a 2 i{ 2 } 11 16 17 1 191. 20 f 22 j23 24 25 26 • � ttt t t) ti er Kw. 11 TH s- s8 1; 20 21 22 N.W- 19 TH STREET L�+` ,.�'` — tS_13+1_ 10 TH S- Lu W r, .r Y• 2 12 10 9 fl 8 5'-- 13 V_. tf fl P: 1'3 2. td 63 3 'C QO it 12 g t5 iT 18 +9 20 21 22 N.W. 9 TH STREET PROPERTY N_W 9 TH S 2 d ,2 10 9 4 7 4 5 45 46 -14 . "M- .Zc- 2i� : 4 's 18 19 20 21 z 5 12 2 + 13 3 3 1' +3 1a 4 O to .i W } 1g 67 ( 1r :j _ t= 13 #z � 20 to �t-3 ii £� ., fi T.�° 3r''" 2,� { i 5 4 3 2 69 �11 18 a '7 8 9 to 1, 12 f3 12 f1Y 11Y 9 8 7 6 5 4 f 3 i} F c t ?MJW1P Tisdtaiodi 'Salvoes„ tn� .3TJ0 'Sal' Melusa2a`e he}iruay - �_+ 3?2:.335i F 7. 2.$56.3}?P5 6 5 ♦ 3 2or + O tY LYNCH PAVING EXISTING ZONING 2 70 } 4 8 07 a f+l. W. 12 2 12 � 13 3 :D � 13 f Z ZC NING Wt CJ-`JI-f3t..G1T.gp;L C17-:SGXS 3i%�tE: cL'iYi. :�C CZ3B1wfi?T:�FFiFIOGq.,r,F� Ule �-rumwr, - pm-Fw AECW) PRQJtC-I NU W2,68 J.M f Z-1 i I t. F Aqpqw_-�_ g A� t Ell Wig - Sam 44 I It R, IA s° A N37. S' Parcel ID Number. 3-15-37-35-0010-00440-0010 Prepared by and return to: SUSIE BURK Okee Tande Title Company, IM. 105 NW 6111 Street Okeechobee, Florida 34972 FRB NO.31414 Warranty Deed This indenture, Executed this Inne 6, 2011 A.D. Between FILE NUM 2011005545 OR BK 00701 P6 1614 SHARON ROSERTSOHr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FLORIDA RECORDED 06/07/2011 03103333 PH AhT 62r500.00 RECORDING FEES $18.30 DEED DOC s437.50 RECORDED BY H Pleon Pas 1614 — 1615; (2oss) DAN BUCHANAN aWa DANNY R. BUCHANAN, AN UNMARRIED MAN, whose address is 801 NW nU AVE, OKEECHOBEE, FL 34972, hereinafter called the grantor, to OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida Corporation, whose post office address is: P. O. BOX 1994, OKEECHOBEE, FL 34973, hereinafter called the grantee: (whenever need bends the term "granwe *0 "grantee" include as the pubs to this instrument and the heirs, legal representatives and assigns of individuals, and the moccswra and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, romises, releases, conveys and confirms unto the grantee, all that certain land situate in OKEECHOBEE County, Florida, viz: Legal Description as Exhibit "A" Parcel ED Number: 3-15-37-35-0010-00440-0010 Subject to covenants, restrictions, easements of record and taxes for the current year. 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 grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is Gee of all encumbrances except taxes accruing subsequent to December 31, 201 A In Witness Whereof, the said grantor has signed and scaled these presents the day and year first above written Signed, sealed an del' ed In our presence: XQU (Seal) Sylvia E. BurX D UCHAM a DANNY R. BUCHANAN VAtnesa Printed Na710 • 801 NW TH AVE, OKEECHOBEE, FL 34972 State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this June 6, 2011, by DAN BUC a/k/a ANNY R BUCHANAN, AN UNMARMD MAN, who is/am personally known to me or who has produced a dui entification SYLVIA L BURK MY COMMI8310N tt SE062620 No u tc Sylvia E. Burk EXPIRES February 13, 2016 Fri time �o sreatsl mom �^ My Commission Expires Book701/Pagel614 CFN#2011005545 Page 1 of 2 Exhibit "A" PARCEL I: LOTS 1 AND 2 OF BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA PARCEL # 3-15-37-35-0010-00440-0010 PARCEL II: LOT 3, BLOCK 41, CITY OF OKEECHOBEE, ACORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA PARCEL43-15-37-35-0010-00410-0030 UM PARCEL III: THE NORTH 40 FEET OF LOT •11 AND 12, BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, ALSO BEING RECORDED PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (ss/rc'11) PARCEL# 3-15-37-35-0010-00440-0110 File Number: 31414 Legal Description with Non Homestead Closers Choice Book701/Pagel615 CFN#2011005545 Page 2 of 2 This instrument prepared by and return to: United Title Agencies i Inc. 1315 N. Dixie Highway, Lako Worth Florida, 33460 W.C. File # 11-4-0-218 Tax folio #: 3.15-37-35-0010-0440-0030 Warranty Deed F I I_E HUM 2011004416 OR ESK 00700 PG 1.330 SHARON ROSERTSOHr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 05/05/2011 12114:05 Ph ANT 60r000.00 RECORDING FEES $10.00 DEED DOC $420.00 RECORDED BY S Creech Ps 13301 Ups) This Indenture, made this 27th., day of April, 2011, Between Curtis Parks, a single man, and Alma Grace, a single woman, grumtori, Whose post office address is: 3924 N.W. 7& Street, Okeechobee, Florida 34972 and Okeechobee Asphalt and Ready Mixed Concrete, Inc„ a Florida Corporation, grantee'. whose post office address is P.O. Box 1994, Okeechobee, Florida 34973 Witnesseth: That said grantor, for and in consideration of the sum of $10.00 (Tea dollars) and other good sad valuable considerations to. said grantor in hard paid by said grantee, the recelpt whercof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forover, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit: Lots 3, 4, S,Block 44, And the North 40 feet of Lots 7, 8, 9 and 10, Block 44, Okeechobee, according to the plat thereof, recorded in Plat Book 2, Page 11, Public Records of St. Lucie County, Florida and Plat Book 5, Pages) 5, of the Public Records of Okeechobee County, Florida. TO HAVE AND TOHOLD the sawtogetherwithallandsingulartheTenements,hereditaments,andappuftenancea there unto belonging or in anywise appertaining, and all the estate, right title, interest, lien, equity and claim whatsoever ofthe said Grantor, either in law or equity, to the only proper use, benefit andbehoof of the said Gramteo in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantorhas good right sod lawful authorityto sell and convey said land; that the grantorhemby fully warrants the title to said had and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2010. Subject to restrictions, reservations, easements and limitations of record, if any, provided that this shall not serve to reimpose sane, zoning ordinances, and taxes for the current year and subsequent years. •"Grantor", "person", "he", "she", "it ;"they", and "grantee" or the liko shall include singular, plural, past and future tense without distingeishmem and shall be considered in its proper tense, time,k gender as text may require or admit In Witness Wherco4 Grantor has hereunto set grantors hand and seal the day and year first above written. Signed, sealed and delivered in our resence. r _.(SEAL) L-, SEAL) ( Witness: Grace C A--,h4 E. l✓arli,�rs>�ah S� STATE OF Florida COUNTY OF Okeechobee The foregoing instrument was acknowledged before me this 27dL day of April, 2011, by Curtis Parka, a single man, and Alma Grace, a single woman, who is personally known to me or who bas produced a drivers license as identification and who did take an oath. 0 — - No ublic My Commission expires: Book70O/Page1330 CFN#2011004416 4 G This instrument prepared by and return to: Nicole A. Davis United Title Agencies I Inc. 1315 North Dixie Highway. Lake Worth, Florida. 33460 File # 11.4-0-246 Tax folio #: 2-16-37-3"A00-00003-0000 Warranty Deed This Indemure, made this 1".. day of August, 2011. Between FILE NUM 2011007806 OR BK 00704 PG 0635 �E ` SHARON ROSERTSONe CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FLORIDA RECORDED 08/10/2011 11142r19 Ali ANT 60►000.00 RECORDING FEES $10.00 DEED DOC $420.00 RECORDED BY N Pinon Ps 0633; (1as) Betty Joan Hayes, A Single Woman, granw. Whose post office address is: 1801 North West 3rd. Land, Unit #109, Okeechobee. Florida 34912 and Okeechobee Asphalt and Ready Mix Concrete, Ino., a Florida Corporation, grautce�. whose post office address is 503 North weal 9th. Street, Okeechobee. Florida 34973 Wimesseth: That said grantor, for n of the sum of S10.00 (Ten dollars) and other good and valuable wnsidemtioru to said gran by said grantee, the receipt whereof u hereby aclatowledged, has granted, bargained and sold to rho and granteds heirs and assigns forever, the following described land, situate, lying and being in Okee So Florida. to -wit: Beginning at the Northvrestcoma ofB Okeechobee, according to the plat thcseofrecorded inPlat Book 2, Page 17, Public Record: of St Lucie da, sad run Wes1150 feet m the East line o£Tascalooss Street; theme South along the East lino 00fed tothe Noah tine ofSeaboard Air Una Ratlroad right ofway; thanes East along theNorth ' foot to the Southwest comerofLot 4 ofsaid Block 45; thence North along the Wort lino of said Poi ofBeginning; being a part oft!» former but now abandoned. Florid* EwtCoast Rat7way right of MY. East 60 feet thereof; said land situate lying and being in Okeahobeo County, Florida TOHAVEAND TO HOLD the same togetherwith all andsiagulartheTenementshereditamont%andappurteaeaces then unto belonging or In anywise appmuming, and all the estate, right title. interest, hen, equity and claim whatsoever of the slid Grantor, either in law or equity, to the onlyproper use, benefit and bahoofof the said Grantee in fee simple forever. AND dw grantor banby covenants with said grantee that the grantor is lawfully seized of said land in fee simply that ihograntor ban good right and lavaV authorityto sell and convey said land; that the granmr hereby"wwants the title to said land and will defend the same against the lawful claims of allpersons whomsoover; and thatsaid land is free of all encumbrancca, except taxes accruing subsequent to December 31. 2010. Subject to restrictions, resotvations, easements and limitations ofrecord, if erg, provided that dim shall not serve to reimpose same, zoning ordinances, and taxes for We current year and subsequent years. *"Grantor". "person", "lto", "she". "rt", they". and "grantee" or the Mw shall include singular plural, past and Mare tenaewitioutdistinguislanentandshallbe considered in itspropertense, time & gender as text may require or admit. In Witness Whom& Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and de m presence. 6 (SEAL) Wim K-0iWd-1— Betty Jean Rayes —(SEAL) witness c �ta,•/pJ ilf Ilea !r STATE OF Florida COUNTY OF Okeechobee nwfongoingiasnvmeatwaaacknowlelgedboforemod& 1".dayofAugust.2011,byBetty leaaHayea ASingle Woman, who is personally known to me or who has produced a drivers license as identification and who did take an oath. My Commission expires: Notary o pY/Mt:A1000tIHl WOOWaOBlt'aIIDD! M e °art�+t>w arwrr" e. Book704/Page635 CFN#2011007806 Page 1 of 1 AEiCC*A 9-GURF LYNCH PAVING DROJFCT NO, AFC�U Sx. �Ovmww Aevww imm �7 Tp—me.-Sm AERIAL MAP Staff Report Small Scale Comprehensive Plan Amendment Prepared for The City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete, Inc Petition No.: 13-001-SSA II., Itt "��,Planning ,%& Management Services, Inc, U6, .1 2#75 Jackson Street, Suitv. 206 I . Forl Myem, Florida M 239 334- 3366 Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment (General Information Owner/ Applicant Applicant Address Site Address Applicant Phone Number Applicant Email Contact Person Contact Phone Number Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No. 13-001-SSA Bob Gent - Okeechobee Asphalt & Ready Mixed Concrete, Inc 503 NW 9ll' Street Okeechobee, FL 34972 805 and 811 NW 9"' Street 801 NW 8lh Avenue 863-763-7373 bgent@lynchpaving.com Amy Eason, AECOM 772-286-3883 Existing Proposed Future Land Use Map Classification Single Family Industrial RMF (lots 1 — 5); Zoning District IND (lots 7 — 12) IND IND (FEC r/w parcel) Storage of Use of Property Vacant asphalt/concrete materials Acreage 1.493 1.493 Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Legal Description of Subject Properties Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No. 13-001-SSA LOTS 1 AND 2 OF BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 3, 4, AND 5 AND THE NORTH 40 FEET OF LOTS 7, 8, 9 AND 10, BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, AND PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THE NORTH 40 FEET OF LOT 11 AND 12, BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, ALSO BEING RECORDED PLAT BOOK 1 PAGE 10 PUBIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. BEGINNING AT THE NORTHWEST CORNER OF BLOCK 45, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND RUN WEST 150 FEET TO THE EAST LINE OF TUSCALOOSA STREET; THENCE SOUTH ALONG THE EAST LINE OF TUSCALOOSA STREET 200 FEET TO THE NORTH LINE OF SEABOARD AIR LINE RAILROAD RIGHT OF WAY; THENCE EAST ALONG THE NORTH LINE OF SAID RAILROAD 150 FEET TO THE SOUTHWEST CORNER OF LOT 4 OF SAID BLOCK 45; THENCE NORTH ALONG THE WEST LINE OF SAID BLOCK 45, 200 FEET TO POINT OF BEGINNING; BEING A PART OF THE FORMER BUT NOW ABANDONED, FLORIDA EAST COAST RAILWAY RIGHT OF WAY;LESS THE EAST 60 FEET THEREOF; SAID LANDS SITUATE LYING AND BEING IN OKEECHOBEE COUNTY, FLORIDA Parcel Identification Numbers: 3-15-37-35-0010-00440-0010, 3-15-37-35-0010-00440-0030, 3-15-37-35-0010-00440-0070, 3-15-37-35-0010-00440-0110, 2-16-37-35-OOAO-00003-0000 __q . The Applicant is requesting to amend the Future Land Use Map from Single Family to Industrial. Based on the size of the property (1.493 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan because the State Statutes allow up to 20 acres under the Small Scale Plan Amendment procedures in a County designated as Economically Distressed. '-' 2 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Small Scale Comprehensive Plan Amendment Petition No. 13-001-SSA Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Classification: Single -Family, Commercial and Multi -Family (see map) Zoning District: RMF and CPO (see map) Existing Land Use: Vacant except for single family homes on Lot 6 and north of the FEC r/w parcel (see map) East: Future Land Use Map Classification: Industrial Zoning District: IND Existing Land Use: Okeechobee Asphalt and Ready Mixed Concrete facilities South: Future Land Use Map Classification: Single -Family and Multi - Family south of railroad Zoning District: RSF 1 south of railroad and NW 8th Street Existing Land Use: Residential apartments and vacant West: Future Land Use Map Classification: West of Lot 5 is Single - Family; beyond that is Multi - Family; West of Lot 7 is Single - Family Zoning District: West of Lot 5 is RMF; West of Lot 7 is IND Existing Land Use: West of Lot 5 is a Single- family home then a Church; West of Lot 7 is vacant (see map) i 3 Sening Florida Local Governments since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No. 13-001-SSA The Applicant is proposing to amend the Future Land Use Map to allow industrial uses on the subject property. It is our understanding that Lots 7 — 12 have been used for storage of industrial materials. The Application states that the intended use of the properties is for storage of industrial materials, but if the requested change is approved, use of the property will not be limited only to storage. Internal Consistency with the Comprehensive Plan A. Consistency with Goals, Objectives and Policies of the Plan The primary goal of the Future Land Use Element is to continue to maintain a high quality living environment through a well -planned mix of compatible land uses [emphasis added] and to preserve its distinctive natural and historic resources and to provide public services to its residents at a minimum cost. The Applicant is requesting to amend the Future Land Use Map from Single Family to Industrial. As some of you will recall, each of the properties contained within this Application were the subject of discussion during a work session held in May of 2012. At that time the following materials were presented to the Board: LOTS 7 — 12: We recognized that the property is owned by Okeechobee Asphalt and Ready Mixed Concrete. While there was what appeared to be a small single-family house and an RV, it was considered vacant in the Property Appraiser's records. It is our understanding that the property has been used to some extent for the storage of industrial materials associated with Okeechobee Asphalt and Ready Mixed Concrete operations. At that time our recommendation was to change the Future Land Use Category of these lots from Single-family to Industrial. The basis for this recommendation was to recognize its adjacency to the railroad and that the depth of the lots (about 42 feet) make the lots largely unsuitable for residential use. We still believe Industrial is the most appropriate Future Land Use Category for these lots. l,.. 4 mom, Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No. 13-001-SSA THE ABANDONED FEC R/W PARCEL: Originally this property was thought to have no Future Land Use Designation. However, since that time, it was determined that an error had been made some time ago and research showed that the property carries a Single Family designation. This property is also owned by Okeechobee Asphalt and is immediately adjacent to existing facilities and operations associated with its ready mixed concrete operations. This and the parcels separation by roadways from residential uses and residentially zoned properties served as the basis for our recommendation to change the Future Land Use category to Industrial. We still believe Industrial is the most appropriate Future Land Use Category for this parcel. LOTS 1 — 5: These properties are all vacant and are also designated Single -Family on the Future Land Use Map (FLUM). Immediately to the west is a single-family home. To the north is a vacant commercially designated lot which, as we understand it, is likely to be used as office for Okeechobee Asphalt. The other vacant parcels on the north side of NW 9th Street are owned by the Missionary Baptist Church which has its physical location at the southwest corner of the intersection of NW 9th Street and NW 9th Avenue. While an Industrial designation may be acceptable, the more appropriate Future Land Use designation would be Multi -Family. This designation would be consistent with the aforementioned goal in the Future Land Use Element. Specifically, except for the narrow lots bordering the north side of the railroad, and the one commercial lot, all properties in this neighborhood have been designated for residential use, and all are zoned RMF. Clearly all property owners and residents in the neighborhood have the right to have expected one form or another of residential use on these properties. At that time we stated "We believe a Multi -Family FLU designation is the most appropriate..." We still believe Multi -Family is the most appropriate Future Land Use Category for these properties. B. Consistency with Other Aspects of the Comprehensive Plan We agree with the Applicant that the requested changes to the Future Land Use Map, either in whole or in part, will have no appreciable effects upon the projected population of the City; adjacent unincorporated areas; traffic levels, or provision of public facilities or services. ML 31.Eiu 5 Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name. Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No. 13-001-SSA Recommendation Based on the foregoing materials and analysis, the Staff recommends that the Planning Board recommend to the City Council to: Deny the Applicant's request to amend the Future Land Use Map from Single - Family to Industrial for Lots 1 — 5 of Block 44. Rather, we recommend changing the Future Land Use Designation to Multi -family. 2. Approve the Applicant's request to amend the Future Land Use Map from Single - Family to Industrial for Lots 7 — 12 of Block 44 and the FEC r/w property in Block 45. Submitted by: Wm. F. Brisson, AICP May 3, 2013 Planning Board Hearing: May 16, 2013 Council Hearing: June 4, 2013 Attachments: Future Land Use Map, Zoning Map, and aerial photograph 6 Sensing Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment N-W. 8 TH STREET .4 6 WW TTH COURT ------ F-1 j TZ T-3 COINMEHENSWE PLAN LAND USE WtJLn -FAmiu, WUMERCIAL 1. INIMSTRIAL rACIUT(Er. RES*F MIXG-0 USE Applicant's Name.- Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No. 13-001-SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS �Illnl N.W. 10 TH STREET it t% 41 di 31C 30 21 25 2A N W I H S1 RE;L T Pro 615 lei 274 z Lu __.__ to 7 %"ving, Mwids LINC31 GovemnWom Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Small Scale Comprehensive Plan Amendment Petition No. 13-001-SSA ZONING SUBJECT SITE AND ENVIRONS 12 010"M 67 IZONING FL,—Ya3 H.Uf fdLY�iESlf�, 3- 127 9th Ar%1 1 f-4 63 i"-� Florida L -C31 %incL- 14" Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Small Scale Comprehensive Plan Amendment Petition No. 13-001-SSA EXISTING LAND USE SUBJECT SITE AND ENVIRONS R F KA "W Im STREET I mmomonow LMCH 09FE. wz_.Lq 9 Exhibit 2 ORDINANCE NO. 1096 June 18, 2013 AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILYZONING DISTRICT TO INDUSTRIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the property owners, Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc., has heretofore filed Petition No. 13-001-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.803 acres from Residential Multiple Family to Industrial Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is not consistent with the Comprehensive Plan and does not consider such to be appropriate with the zoning uses within the City; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised meeting held on May 16, 2013, determined that based on additional findings that such petition is consistent with the Comprehensive Plan and considers such to be appropriate with the zoning uses within the City; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land consisting of approximately 0.803 acres, as the subject property, located in the City of Okeechobee, to -wit: LOTS 1 THROUGH 5 OF BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Residential Multiple Family to Industrial. Ordinance No. 1096 - Page 1 of 2 5 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 21" day of May, 2013. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18" day of June, 2013. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1096 - Page 2 of 2 AGENDA V. PUBLIC HEARING CONTINUED, A. 5. b) Board discussion of a motion to recommend the City Council approve or deny Application No,13-001-SSA continued. c) Vote on motion. B. Petition No. 13-001-R submitted by Okeechobee Asphalt and Ready Mixed Concrete, Inc. is requesting to rezone from Residential Multiple Family and Residential Single Family-1 to Industrial on Lots 1 through 5 of Block 44, City of Okeechobee, together with a 0.413 acre unplatted parcel, located in the 700 and 800 blocks of NW 9P Street (Exhibit 2). 1. Hear from Planning Staff regarding Petition No. 13-001-R. 2. Hear from the property owner or designee/agent. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary, 4. Disclosure of Ex-Parte communications by the Board 5. a) Consideration of a motion to recommend the City Council approve or deny petition. MAY 16, 2013 - PLANNING BOARD - PAGE 4 Of 9 ACTION - DISCUSSION - VOTE Chairperson Pro Tem Brass asked whether there was any further discussion. There was none. VOTE HOOVER -ABSENT BURROUGHS-ABSENT BAUGHMAN-YEA BRASS -No KELLER-YEA McCoy - ABSENT RITTER - YEA CREASMAN - YEA MCCREARY - YEA MOTION CARRIED. The recommendation for Application No.13-001-SSA will be forwarded to the City Council for consideration at a final' Public Hearing on June 18, 2013 Petition No. 13-001-R submitted by Okeechobee Asphalt and Ready Mixed Concrete, Inc. is requesting to rezone from Residential Multiple Family and Residential Single Family -One (RSF-1) to Industrial on Lots 1 through 5 of Block 44, City of Okeechobee, together with a 0.413 acre unplatted parcel, located in the 700 and 800 blocks of Northwest 9' Street. Planning Consultant Brisson explained to the Board that in association with the previous application the applicant is requesting to rezone the property as well. As previously explained, the City maps were recently updated and the unplatted parcel was erroneously marked as RSF-1. It, along with Lots 7 through 12, are already Industrial. Since the recommendation is to change the FLU, then the rezoning should reflect the same, The applicant was present and did not have anything further to add. Chairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There was none. Chairperson Pro-Tem Brass asked whether Board Members had ex-parte communications to disclose for the record. There was none. Planning Staffs findings are as follows: This rezoning is being addressed concurrently with a Small Plan Amendment to the City's FLU Map. Staff has recommended denial of this request and has recommended it be changed to Multi - Family instead. MAY 16, 2013 - PLANNING BOARD - PAGE 5 OF 9 11 AGENDA 111 ACTION - DISCUSSION - VOTE 11 V. PUBLIC HEARING CONTINUED. B. 5. a) Consideration of a motion to recommend the City Council approve or deny Petition No. 13-001-R continued. b) Board discussion. c) Vote on motion to approve or deny Petition No. 13-001-R. C. Consider Comprehensive Plan Future Land Use Element Text Amendment to accommodate the inclusion of limited agriculture uses in all Future Land Use categories, provided the property is zoned Holding - Senior Planner (Exhibit 3, Attachment A, Page A-1 through Page A-7). 1. Hear from Planning Staff, Board Member Baughman moved to recommend the City Council approve Petition No. 13-001-R submitted by Okeechobee Asphalt and Ready Mixed Concrete, Inc. to rezone from Residential Multiple Family to Industrial on Lots 1 through 5 of Block 44, City of Okeechobee; seconded by Board Member Ritter. Chairperson Pro-Tem Brass asked whether there was any further discussion. There was none. VOTE HOOVER -ABSENT BURROUGHS-ABSENT BAUGHMAN-YEA BRASS -NO KELLER-YEA McCoy - ABSENT RITTER - YEA CREASMAN - YEA MCCREARY - YEA MOTION CARRIED. The recommendation for Petition No. 13-001-R will be forwarded to the City Council for consideration at a final Public Hearing on June 18, 2013 Consider Comprehensive Plan Future Land Use Element Text Amendment to accommodate the inclusion of limited agriculture uses in all Future Land Use categories, provided the property is zoned Holding. Planner Brisson referenced his memorandum dated April 10 regarding proposed changes to accommodate the inclusion of limited agriculture in all Future Land Use categories provided the lands are zoned Holding. This matter was previously heard before this Board in February, though was not advertised as a public hearing, which is a state requirement. The Planning Board has already made a recommendation that the City Council re-create/adopt a Holding Zoning Category. Owners will be allowed to have Limited Agriculture uses as long as properties are zoned Holding. He further explained that the definition of Limited Agriculture is a non-commercial business that allows grazing, boarding or raising of livestock. The main concern is regarding lands zoned as RSF-1. Board Members Ritter and McCreary were concerned with the property owners who have something other than Holding Zoning and children who are raising animals for 4H and FFA. Board Member McCreary had grave concerns that the recommended changes, as presented in the Planner's memorandum, would cause problems with being allowed to keep 4H and FFA animals on their property. He did not want to tamper with what was already allowed as this then could cause misinterpretations. Discussion ensued as to how the Board should proceed. NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, -who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of -(� i:. i..t ii. r' �.. t i y...c__ . <....": 1 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further s saY�' that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for.publication.ha.-the said newspaper. i Tor1i Byrd Sworn to and subscribed before me this ---- day of �.�.�.-_�,_I_-�.-._._..' �_. -- AD Notary Public, State of Florida at Large Ntv n�, '' E„ti ..... +; i r ANGIE BRIDGES MY COMMISSION # EE 177653 € EXPIRES. April 20, 2016 cF � Bonded Thru Notary Public Underwriters (863) 763-3134 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, June 18 2013 at 6:00 p m., or as soon thereafter possible, at City Hall, 55 SE 3ra Ave., Okeechobee, FL, conduct a PUBLIC HEARING to consider final reading for adoption of the following Ordinance Into law: No. 1096: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHO- BEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICU- LARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT TO INDUSTRIAL ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY• PROVIDING FOIE pCONFr�LIICTS, SEVERABILITTgY AND AN EFFECTIVE GATE.The ordinance Is by ReaPetition No. 13-001-R, submitted dyy Mixeded Concrete, IncGen., t Registered Ao M District, onfor bae�phaa & ly 0.803 acres, from RMF to IND for pptrrhooepe located in the 800 Block of NW 9th St, Legal: Lots 1-5, Block 44, Ctty of Okeechobee, Plat Book 5 Page 5, Public Records of Okeechobee County, Florida. The proposed use is to extend the existing plant. All members of the public are encouraged to attend and partlripate in saki Hearing. The proposed ordinance may be Inspected in Its entirety by mem- bers of the pubic at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM4:30 PM, except for holidays PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record byy a certltied court reporter will be made of the foregoing meetlng. Accordirtgty, any person who may seek to appeal arty derision involving the matters no' ticed herein will be responsible for makingg a verbatim record of the tesbmo• ny and evidence at said meeting upon whkh any appeal Is to be based. In accordance with the Americans with Disabilities Act (ADA) of 1990 per- sons needing special accommodation to particlpato in this proceeding should contact the City Clerk's Office at 863-763-3372 for assistance. by: James E. Kirk, Mayor Lane Gamiotea, CIVIC, City Clerk 445222 ON 6/7/2013 MEMORANDUM TO: Mayor, Council, Administrator FROM: Planning Board Secretary Bumette j DATE: May 17, 2013 SUBJECT: Planning Board Recommendation on Rezoning Petition No. 13-001-R The Planning Board met Thursday, May 16, 2013 and offered the following recommendation: Planning Staff did not recommend Industrial, but did recommend Residential Multiple Family. After a lengthy discussion, the following motion passed: Board Member Baughman made a motion to recommend the City Council approve Petition No. 13-001-R submitted by Okeechobee Asphalt and Ready Mixed Concrete, Inc. to rezone from Residential Multiple Family to Industrial on Lots 1 to 5, Block 44, City of Okeechobee, located in the 800 block of NW 9t' Street; seconded by Board Member Ritter. The attached is the information that was provided to the Board. Thank you. Exhibit 2 City of Okeechobee Date: Petition No. General Services Department Wafl Fee ftd•,Q%�r Jurisdiction: f? 55 S.E. 3td Avenue, Room 101 I a Hearing: _ t (D_ 2 Hearing: ` �?'1 - Okeechobee, Florida 34974-2903 Publication Dates: Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Nameof property owner(s): Okeechobee Asphalt & Ready Mixed Concrete, Inc. 2 Owner mailing address; 503 NW 9th Street, Okeechobee, FL 34.972 3 Name of applicants) if other than owner Same as owner. 4 Applicant mailing address: Same = .. :..: 4a e-mailaddress: bgent@lynchpaving.com 5 Name of contact person (state relationship): Bob Gent. (owner) 6 Contact person daytime phone(s): (863) 763-7373 PROPERTY INFORMATION Property address/directions to property: 7 Lots 1-5, Block 44, City of Okeechobee (NW 9th Street: at NW 8th Ave.) land 6XIB aC t (bl (AhandoIled PW4 oP Fee, hW "J) , Describe current use of property. Vacant. 8 Describe improvements on property (numberltype buildings, dwelling units , occupied or vacant, etc. None 9 Source of potable qte : N/A Method of sewage disposal: N/A 10 Approx. acreage: acres Is property in a platted subdivision? No for FCCQP Parr OL, F5 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe. No. 11 12 Is a pending sale of the property subject to this application being granted? No. - Describe uses on adjoining propertyto the North: ludustrial - aspha:..t: FJant. residential and 13 North:vacant East:b p t cant. Commercial parcels. Y f' i south:vacant industrial -zoned lots West: ,angle -family residence. xby applicant. 14 Existing zoning: RMF ity L_-�Wuy Future Land Use classification SINGLE-FAMILY Have there been nY pnor rezoning, special exception, variance, or site plan approvals on the 16 property? (2 j No (_ j Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (2 } Rezone (___) Special Exception (__j Variance 17 Parcel Identification Number: 3-15-37-35-0010-00440-0010, 3-15-37-35-00440-0030, Etn Li Fee_Rk E H13ac, ;J o' , r-,I. ." . (Rev 01/12) Page 1 off I �-r(&Wv 44 REQUIRED ATTACHMENTS Applicants statement of Interest in property: 18 Owner wishes to re -zone and utilize as support for existing plant. Non-refundable application fee: Rezoning: $850 plus $301acre; Special Exception. $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges 8 When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent"from ptbperty owner (if applicant is diffeeerit frorim property owner) N %A Three property surveys (one no larger than 11f x 17j) containing: See attached survey. a. certified boundary survey, date of survey, surveyors name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraisers Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked In line 15 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 denial of this application. Signature Printed Name Date For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 213 a (Rev 01112) Page 2 of 1 { 131. arcelID Number. 3-15-37-35-0010-00440-0010 hgnmd by and mhwn to: SUSHIBURK Okeo-Tantie Title Compaey.Inc. IDS NW 6th suitor ....... Okeechobeo. Plaids 34M FMA NO.31414 Warranty Deed This Indenture. Executed this June 6, 2011 A.D. Between FILE MUM 2011005545 OR BK 00701 PG 1614 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE CWHTYe FLORIDA RECORDED 06/07/2011 03103133 Pit ALIT 62a500.00 RECORDING FEES $18.30 DEED DOC $437.50 RECORDED BY 11 P 1 amn Psi 1614 : WW Qossl DAN BUCHANAN a/Wa DANNY IL BUCHANAN, AN UNMARRIED MAN, whose address is $01 NW 8TH AVE. OKEECHOBEE, FL 34972, hereinafter called the grantor, to OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida Corporation, whose post oilice address is: P.O. BOX 1994, OKEECHOBEE, FL 34973, hereinafter called the grantee: (Whawva used herein rho tens *SMWs" sad "aranta" ImIuds a0 the Varna to Us ianunxat and the bobs, lead xpmmta4va and assiam of Individuals, and the suaasors and assitttu of eotpastiont) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in OKEECHOBEE County, Florida, vir Legal Description as Exhibit "A" Parcel ID Ntmober. 3-15.37 3S-0010-00440-0010 Subject to covenants, restrictions, easements of record and taxes for the current year. Together with all the tenements, hereditament and appurtenances O=cto belonging or in anywise appertaining. . To Have and to Hold, the same in fee simple forever. And the grantor hereby covenant with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convoy said land; that the grantor hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 201 D. In Witness Whereof, the said grantor bas signed and sealed these present the day and year first above written. Signers; sealed an del ed in our presence: . (Seal) Sylvia E. ur *Ad- *THA1;�=XUVCPH0I BUCHANANwildest Printed Nam EE, FL 34972 10 41 =)—%A State of Floridi County of Okeechobee The foregoing instrument was acknowledged before its this June 6, 2011. by DAMNXdri#wo NNY R. BUCHANAN, AN UNMARRIED MAN. who Ware personally hewn to me or who has producedtication. ;,p'"r��3Yl.VfA �' KURK ?' MY COt:NiOt9slpN A HE062o2o PrI a amer c Sylvia E. Burk EXPIRHS fabruery 13, Y015 s, My Comadsaton Expires 0--Ir-7n4 in.... —4 C4 A ^r_k14&'1n4 4 flf%CCA C rl..-- 4 —9 r1 Exhibit "A" PARCEL I: LOTS 1 AND 2 OF BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA PARCEL # 3-15-37-35-0010-00440-0010 FAME PARCEL II: LOT 3, BLOCK 41, CITY OF OKEECHOBEE, ACORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA PARCEL43-15-37-35-0010-00410-0030 AND PARCEL III: THE NORTH 40 FEET OF LOT i 1 AND 12, BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA. ALSO BEING RECORDED PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (ss/ra'11) PARCEL# 3-15-37-35-0010-00440-0110 File Number: 31414 Legal Description with Non HommtM Ciosele Choice Re%n47l14 /Donc4 G24 F 10%MK[4'N14 4 nnAr,A r, D,,-- 7 ^F 7 • Fzl_E NUM 2011004416 OR BK 00700 PG 1330 SHARON ROSERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FLORIDA RECORDED 05f03J2011 12114.03 PH AHT 6Or000.00 RECORDING FEES $10.00 DEED DOC $420.00 RECORDED BY"S Credch. ....... This instrument prepared by and mum to: Ps 13301 UPS) United Title Agencies I Inc. 1315 N. Dixie Highway. Lsks Werth.. Florida, 33460 W.C. File # 114-0-218 Tax folio t): 3-15-37-35-0010-0440-0030 Warranty Deed This Indenture, mado this 271b., day of April, 2011, Between Curds Parks, a single man, and Alma Grace. a single woman, grantor+'. Whose post offrco address is: 3824 N.W. 7dL Street, Okeechobee, Florida 34972 and Okeechobee Asphalt and Ready Mixed Concrete, Inc., a Florida Corporation, granteeo. whose post office address is P.O. Box 1994.Okeechobee, Florida 34973 Witnesseth That add grantor, for and in consideration of the sum of $10.00 (Ten dollars) and other good and valuable considerations to said grantor In hand paid by said grantee, the receipt whereofis hereby acknowledged, has gtantod, bargained andsold to the said grantee, and grantee's heirs and odgus forever, the following described land, aituate, lying and being in Okeechobee County, Flodda, to -wit: Lots 3, 4, 5, Block 44, And the North 40 feet of Lots7, 8.9 and 106 Block 44.Okeechobee, according to the plat thereof, recorded In Plat Book 2, Page 17, Public Records of St. Lucre County, Florida and Plat Book 3, Page(s)5 of the Public Records of Okeechobee County, Florida. TO HAV H AND TO HOLD the same together with all and singular the Tenements, hemditaments. and appurtenauces there unto belonging or In anywise appertaining. and all the estate, right title, interest, lien, equity and claim whatsoever of the said Gra&or, either in law or equity, to the only proper use, benefit and behoof ofthe saidGtantea in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantorbas good right and lawful authorityto sell and convey said land; that the grantor hereby Mywamwtr. the title to said land and will defend the same against the tawtd claims of all persons whomsoever, andthat said land is freo of all encumbrances, except taxes accruing subsequent to December 31, 2010. Subject to restrictions, reservations, casements and limitations ofrocord. if any, provided that this shall not serve to reimpose same, zoning ordinances, and taxes for the current year and subsequent years. "Grantor", "person", "he", "she", "it ,"they", and "grantee" or the Me shall include singular, plural, past and Rrturo tense without distingaishment and aball be considered in its propertense, time dt gender as textmayroquiro or admit. In Witness Whereof Grantor has hereunto set grantor's band and seal rho day and year first above written. Signed, sealed and delivered in our r"ence. ON s A.� a %- (sl?nL) M✓ F w�� lemma Grace wee (sl?AL) e A ..' STATB OF Florida COUNTY OF Okeechobee The foregoing instrument was acknowledged before me this 27th. day of April, 2011. by Curtis Parks, a single man. and Alma Grace, a single woman, who is personally known to me or who has produced a drivers license as identification and who did take an oath. of My Commission expires: No blia C1nnL7lltl/�nr�40'2!1 4AAA A4a n...... 4 —9 4 FILE NUM 2011007806 OR SK 00704 PG 0635 SHARON ROBERTSOHP CLERK Of CIRCUIT COURT OKEECHOBEE COUNTYr FLORIDA RECORDED 08/l0/2011 11342319 AN ANT 60r000.00 RECORDING FEES $10.00 Ilds instrument prepared by and return to. DEED DOC $420.00 Nicole A. Davis RECORDED BY N P 1 ooa United Title Agedeies I inti 1315 North Dixie Highway, Lake Worth, Florida, 33460 File # 114-0-246 Tax folio #: 2-16-37-35AA00-00003-M Warranty Deed This Indenture, made this 1", day of August, 2011. Between Betty lean Hayes, A Single Woman, gr'aotor'. Whose post office address is: 1801 North West 3rd. Land, Unit #108, Okee:bobo% Florida 34972 and Okeechobee Asphalt and Ready Mix Concrete, Im. a Florida Corporation, gradeoa. whose poet office address is 503 North West M. Street, Okeechobee, Florida 34973 witnessetk That gala grantor, for lion of the sun of S10.00 (Tea dollars) and otht« good and valuable consddentiorus to said gran aid by said grantee, the receipt wlrenoaf is hereby acknowledged, has Wanted, bargained aad sold to Ore and gramco'a hods and assigns Forever, the following descnbod land, situate, lying and being in Okceeha Florida, to-wie Beginoing at theNorthwestcomer ofBl Okemhobe%wtwdingto dwphMthereof recorded inPlat Book 2, Page 17, Public Records of St LWand rut West 150 feet to the Fast firm ofTeacalooss Street; thence South along theFastlineoOfeet tothe NorOtline otSeaboardAir L'meRailroad rightofway;thenceEastalongtheNorih50foettotbeSouthwestcomeroflot4ofsaidBlock 45; thence North along the West line ofsPoint ofBogianing; being a part of" former but now abandoned, Florida Fast Coast Rs7way right of way East 60 feet tbamt,, avid land situate lying and being in Okeechobee County, Florids. TO HAVE AND TO HOLD the soma together with aU and singular the Tonements, hereditaments, and appurtenances them unto belonging or in anywise appertaiaiu& and all the estate; right title, interest, lien, equity and claim whatsoever oftheaid Grantor, either In law or equity, to the only proper use, benefit and bohoofofthe said Grantee in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that tbagrantorhas good right andlawfal authority to sell and convey said land; that the grantorhoreby " warrants the title to aid land and will dofencl dA same againstthe lswfidclafmsof all personawbomsoeva , and that 3aid land is fee of all encumbrances, except taxes accruing subsequent to December 31. 2010. Subject to restrictions, reservations, easements and limitations ofreeord, If any. provided that this shall not serve to reimpose same, zoning ordinances, and taxes for the current year and subsequent years. -Grantor", "person", "he", "she", "it","they". and "Wantee" or the like shall include singular. plural, last and future tense without distiaguishmentand shell be considered in itsproper tense, time gender as text may require of Admit In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above written 3igaed, sealed and dalivere�Preatnca Wits O„(�EiOu►d...t_ Bottylean ayes l �/t/� / (SEAI) Witness:CAu.-%S.t-1.N,,ro= STATE OF Florida COUDTI'Y OF Okeechobee 'ILefxWinginsbuwvawasacknowledgedbeforemothis 1•.dayofAugust, 2011.byBettyJesnHnyea,ASingie Woman, who is personalty known to me or who has produced a driven licence as identification and who did talon an oath. My Commission expires: NotaryP o NYflIF.tA0D01MB1. WIF fta910NIg0 ZM4 e trawargrADMtMdswaea Book704/Page635 CFN#2011007806 Page 1 of 1 31S/MAPPING DEPARTMENT ���Se000 14 11 16 1 17 1 1{ 70 11 n u u n OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE 1 { 4 4 f i 1 r1 LL 4 7 i Nw 11TH ST it ,f 10 i i 7 I { 1 4 f 1 1 u w 16 -Its ti 20 21 nouns 1f 1 S t7 12 1 11 W [ 7 • f 4 f 2 1 f f A f 2 1 - 12 10 • 0 1 f 0 4 3 2 1 - i w ? is >♦4 4aN•W4 14 1 fi 1r to 20 21 22 n 1� 26 7Lffmm NW : 10TH ST �meeem 14 16 1• 17 U so Zt n n s1 n n u s if • 14 u f IT 7 fi i u { ,Q NW:7TH 5T 4 14 3 _ 0 If 17 1{ 14 m 21 n a 24 u a z tj i itfO/.fta1.001fpf11{ 1{ - YAW 1401•twKAPT40' {L411AfiH fL ama4 : a ,f417a -.. - 44. 0�11•AMf00G71r.11a ;. NW 9TH ST nf»aela• 4 n118 MAP NAe UM CO1APLID FROM THE MWITAUU"TIC. WOR149M - 6"AND THE OKEEOHOSi WWM PROPOTYAPPRA"" OFACrt DOES NOT kNUW RESPONSISI RY FOR ERRORS OR"DYNIUCNE OONU24ED HEREON i r i • 10 W.C.'BILLi SHERMAN. PROPERTY APPRAISER IS u 41 10 • 4 7 f• 4 1 2 I % is If 1r ,f 1f w 0 n n u s m i 10 { • 7 10 f 4 31 1 U 16 10 17 is 71 20 2, n n 2t n n NW 10TH ST ave, ws �• 39. 1 12-. 1210f IF f 4 1 1 1 �- f ►1 " a Oli{01f0{•2 . C{ 1ti17M0ti0 n 1 N t n f 1{ • 14 4 M 4 1• { It i 1• f 1! 17 ,f Legend " SUBJECT PROPERTY �] WITHIN 100' AN!!LA J0W"0W^ SW PIN DSP OWNER NAME ADDRESS 1 ADDRESS 2 ADDRESS 3 CITY NAME ST ZIPCODE 2-16-37-35-0A00.00001.0000 IVAN D DOVERSPIKE TRUST 9501 CONNER DETROIT MI 48213 2-16-37-35-WO-00002-0000 SNELL BRUCE & PAMELA 3078 NW 34TH AVE OKEECHOBEE FL 34972 2-1637-35-0A00-00003-0000 OKEECHOBEE ASPHALT & READY MIX 503 NW 9TH STREET OKEECHOBEE FL 34972 2-16-37-3 SALRY RR ASSESSED BY DOR C/O CSX CORP 500 WATER STREET J910 JACKSONVILLE FL 332020000 2-16-37-35.OA00-00011-0000 OKEECHOBEE COUNTY 304 NW 2ND ST OKEEHCOBEE FL 1349TZWOO 3-15-37-3 10-00380-0070 TANGLEWOOD LTD C/O A & M PROPERTIES INC PO BOX 5252 LAKELAND FL 1338076252 3-15-37-35-0010-00390-0010 ABNEY SELINA H 8272 SW 78TH LN GAINESVILLE FL 32608 3-15-37-35-0010.00390-0170 ABNEY SE INA H 8272 SW 78TH LN GAINESVILLE FL 32608 3-15-37-354010-00400-0070 TIITF/DOT SUBMAINTENANCE YARD % DNR DOUGLAS BLDG 3900 COMMONWEALTH BLVD TALLAHASSEE FL 323996575 3-1537-35-0010-00410-0010 LANE SAM 1702 NE 3RD ST OKEECHOBEE FL 349720000 3-15-37-35-0010-00410-0030 OKEECHOBEE ASPHALT & READY MIX PO BOX 1994 OKEECHOBEE FL 349731994 3-15.3735-0010-00410-0070 FIRST MISSIONARY BAPTISTCHURCH OF DEANS COURT, INC P 0 BOX 2400 OKEECHOBEE FL 349732400 3-15-37-35-0010-00410-0110 OKEECHOBEE ASPHALT & READY MLX PO BOX 1994 OKEECHOBEE FL 349731994 3-15.37-35-0010-00440-0010 OKEECHOBEE ASPHALT & READY MIX PO BOX 1994 OKEECHOBEE FL 349731994 3-15-37-35-0010-00440-0030 OKEECHOBEE ASPHALT & READY MIX PO BOX 1994 OKEECHOBEE FL 349731994 3-1537-3"0104)0440-0070 OKEECHOBEE ASPHALT & READY MIX PO BOX 19" OKEECHOBEE FL 349731994 3-15.3735-0010-00440-0110 OKEECHOBEE ASPHALT & READY MIX PO BOX 1994 OKEECHOBEE FL 349731994 3-1537-35-0010-00450-0010 OKEECHOBEE ASPHALT & READY MIX . 503 NW 9TH STREET OKEECHOBEE FL 34972 315-37-35.0010-00460.0220 SEABOARD COAST LINE RAILROAD %WALPOLE FEED & SUPPLY CO 2595 NW 8TH STREET OKEECHOBEE FL 34974 3-153735-0010-00470-0010 WALPOLE KEITH A 28W SW 16TH ST OKEECHOBEE FL 34972 3-15-3735-0010-00470-0100 WALPOLE FEED AND SUPPLY CO 2595 NW 8TH STREET OKEECHOBEE FLI 34972 3-1537-35-0010-00610-0110 UNITED FEED CO-OP, INC P 0 BOX 485 OKEECHOBEE FL 1349730485 3-15-373 10.00620-0010 SWEAT JAMES JR PO BOX 1908 OKEECHOBEE FL 1349731908 3-1537-35-0010-00620-0110 SWEAT JAMES JR PO BOX 1908 OKEECHOBEE FL 349731908 3-15-37-35-0010-00630-0010 SWEAT JAMES JR PO BOX 1908 OKEECHOBEE FL 349731908 3-15-37-35-0010-00630-0110 SWEAT JAMES JR PO BOX 1908 OKEECHOBEE FL 349731908 3-15-37-35-0010-00650-0010 IEVERGLADES FARM EQUIPMENT IPQ BOX 910 IBELLE GLADE FL 334300910 3-1537-35-0010-00650-0110 JWHEELER BROTHERS INC JPQ BOX 1396 IWINTER HAVEN FL 338820000 ADDITIONAL. INFORMATION RE UIRED FOR A REZONING A ......Current zoning classification; . RMF. � RSCA..._......__ Requested zoning a lassifieation.. IN D..................................... ................ . Describe the desired permitted use and intended nature of activities and development of the property? s Material storage associated with existing asphalt plant. 1s a Special Exception necessary for your intended use? (-?5j No (--J Yes If yes, briefly describe: C Is a Variance necessary for your intended use? (-2�j No (. _J Yes ifyes. briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation tactors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TiA must identify the number of net new external trips, pass -bay calculations. intgrilal capture calculations, a.m. and pan. peak hour trips and level orservice on all adjacent roadM links with and without the project. Not applicable. p. Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicants responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. This application is concurrent with an application requesting change of Future Land Use from SINGLE-FAMILY to INDUSTRIAL. The proposed use is consistent with the surrounding area. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use is a normal and permitted customary use in Industrial zoning per the City Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. The proposed use is consistent with the surrounding area, and will not have an adverse impact on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent uses, and is not contrary to urbanizing land use patterns. 5. The proposed use will not adversely affect prolicrty values or living conditions, or be a deterrent to Idle improvement or development of adjacent property. The proposed use is not expected to adversely affect property values or living conditions. (Rev 01/)2) Page 6 of I 1 Findings required for rezoning or change In land development regulations (coot.) 6. The Of600sed use ci i be suitAbly buil'eiid froin surrounding uses, so iXs to reduce Elie impact of any auisance wr hazard to the neighborhood If required, the proposed use can be suitably buffered from surrounding uses. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services The proposed use will not create a density pattern that could be expected to overburden any public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety, The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has of been inordinat ly burdened by un Coess rest ich Tie proposed use has no been inorcinat�ly our tined by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. (Rev 01112) Page 9 of 1 i Rezolit.o -11 13-1)01-IQ M Cam; '• _z - w,ea 1 D1 STREET ,, a ; x ,,} p .' � t. . Y _ k e li W If , , - " . PROPERTY Ill ': . 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I RW MONUMENT 672.56_--. t r I ` .fl, LOCATION MAP NO SCALE DESCRIPTION AD of Lots 3. 11 and 12, Block 41, All of Lots 1 through 5 and the North 40 feet of Lots 7 ttwough 12. Block 44, Okeechobee. OCI r g to the plot thereof, os recorded kt Plot Book 5. Page 5, of the Public RaeoIds, of Okeechobee County, Florida. TOGETHER WITH THE FOLLOWING PARCEL, (/T I C3 ."r�`f' 1--'•' Beglrl at the Northwest comer, of Block 45, of sold plat; thence South 89'50',37` West, o distance Of 150,00 feet, to the East right of way the of TuseWooso Street (NW eth Avenue), a 70 toot wideaFight of way, thence South 00'09'23" East along the East right of way line, of sold Tuscaloosa Street, a distance of 200.D0 feet, to the North right of way line of Seaboard Air Line Railroad,, thence North 89'50'37` East, along said North right of way line, a distance of 150.00 feet to the Southwest comer of Lot 4 of sold Stock 45; thence North 00'09'23" West, along the West line of sold Block 45, o distance of 200.00 feet, to Point of Beginning, being o part of the former, but now nbondonsd, Florida East Coast Railway, LESS and EXCEPTING the East 60 feet thereof, said land situate lying and being in Okeechobee County, Florida. Said lands contain 1.973 Acres, more or less LEGEND (P PLAT DATA CCNC CONCRETE (C CALCULATED FROM FIELD MEASURCJ,"TS CAN CABLE TELEVISION (0) DEED SO. SQUARE P.O.C. POINT OF COMMENCEMENT FT. FEET P.00.B_ P.O.T. PENT OF BESGLR4N0 POINT OF TANGENCY 1NF0, 709 ITFORMATON TOP OF BANK L.D. LICENSED BUSINESS OHu OVERHEAD UTUTEs PRM PERMANENT REFERENCE MONUMENT Sy SANITARY VALVE IR/c 5/8" IRON ROD & CAP STAMPED iB7673 IN GAS VALVE C.M. CONCRETE MONUMENT WV *ATM VALVE IR Q.R.& IRON ROD RECORDS BOOK PLAT IR N IRRICATRM VALVE PPC D PUT BOOK yY FIRE HYDRANT PAGE VIELL A ANGLE WATER METER RRAMM ARC d1R LENGTH WATER DACKFLOW PREVENTOR Co CHORD DRAINAGE MANHOLE GO CHORD SAWTARY MANHOLE LICE UO AT&T VNIDERCROOND ELECTRIC UNDERGROUND AT&T NA&M HOLE FIBER CPTTq ,UNCIIDN BOX it RIGHT RIGHT OF WAY ElEC7RICAL .UNCTION DOx GONGS 11ONING TV AINCIIOI Box CBS M/ T%J' k STRUCTURE WATER MAIN WOOD POWER POE P.U. PUBIJC UTUTY EASEMENT CONCRETE POWER Paz D.E U.E DRANACE EASEMENT UTILITY EASEMENT SIGN CLEAN OJT ( � � N NIXtTTiDW (oR NaRiN) Ater T) N NUMBER RAINNA )C.7 CE $TRIURE (f"AT)31R8 ET) DRAINAGE W-k NORM ANICRICAN VERTICAL DAITAR CHAIN LINK FENCE EL C.L F.E.C. EliVAIKM CHAIN UHI ADRIDA EAST COAST X-- H00 MRE FENCE AREA CALCUL477ONS LOT 3, BLOCK 41 0.161E ACRES LOTS 11-12, BLOCK 41 0.321E ACRES LOTS 1-5, BLOCK 44 0.803* ACRES< NORTH 40 LOTS 7-12, BLOCK 44 0.275E ACRES FORMERLY' F.E.C. RAILWAY (ABANDONDED) 0.4(3t ACRES i' OTAL 1.973t ACRES NOTES t) NOT VALID WITHOUT THE SIGNATURE ARID THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2) ADOITIOH$ OF, DELETIONS TO SURVEY MAPS OR REPORTS, BY OTHER THAN THE SIGNING SURVEYOR ISPRO OTED. WITHOUT CONSENT QF THE SIGNING SURVEYOR. 3) DESCRIPTION -446M1 HEREON WRITTEN BY OEOMATICS SERVICES, NC, 4) THE LAST. DATE OF FIELD WORK WAS JANUARYD 1Z 201Z THIS OFFICE RM AIGHT-OF-WAM SEMpy1%raECORD. SV(H INFORW71DN�5= DE OBTAINED AND C0*1RNED RY OTHERS IHROIGH APPROPRIATE RiljOR VERIFICATION. e) BEARING$ SHOWN HEREON ARE RELATIVE TO THE NORTH LINE OF NW 91h STREET HAVING A BEARING OF N.I9'S0'37- E. (ASSUMED) T) UNDERGROEIkD UTIUFTM V1UTY SERVICES fOUW 71CHS AND MPROVEMI ITS WERE NOT LOCATED AS A PART OF THIS SURVEY, D)) TOTAL PARCEL CONTAINS 4.50E ACRE$, MC$E OR IiSS. 9) TD MANE THE NAP tAI NSI4 THE SYMBOLS SHO"q HEREON AND AS DESCREIED N THE LEGEND ARE NOT ALWAYS TO SC" BUT NGLCAIE THE gI1RYEIET LLJCATa.. 11) NORTHINCAASTING CODRDNAIES SHOWN BASED ON HAD 93 STATE PLANE DATUM (FLORIDA EAST 204EI 'a 4 Gas MICHAEL T. OWEN PROFESSIONAL SURVEYOR AND MAPPER SIGNATU DATE: FLORIDA REGISTRATION M56 JOB / 7f-121.2 SHEET NO., OF J vl 1 1 VI vf\1_L=VI-IVDCC OFFICE OF THE CITY CLERK RECORDS RESEARCH AND/OR REQUEST FORM Today's Date: 4([� t-f%/ Date Required: 5� Contact Name: Phone: ✓J Email: Fax Number(s): U IRF RACK nF FnPAA IF MnPF .4PAn% 1 Q A/gj=nPn1 6,Aq7eq Objective of Research/Records being requested: at" ir)a 0 y N t:v a o o S �ll`C i21ehL. �eS Results of Research: Records Room Location: RESEARCH TIME & COPY FEES PER RES NO. 09-05: Research Start Time: Stop Time: Total Hrs: (x) $ /hour $ -Research time over 15 minutes considered extensive & must be charged for No. of pages (single sided): x 150 each $ No. of pages (double sided): x 200 each $ Other: $ []If request is for building plans/permits, include notation for them to follow up with County Planning & Development, as records prior to 1996 are housed there. Exception: we have some commercial plans only, review inventory first. Response reviewed by Clerk priorto release: ❑Yes []No Clerk's Notes: Research Completed by: Date: Receipt No. Total Cost $ Request to Check Out Record(s): •Records cannot be checked out PAST close of business day & require approval of Clerk. If not an employee, a copy of drivers license must be attached. Out/Signature: Date: Returned/Signature: Date: Update Records Management/Laser Fiche Files: Was record(s) in LF: []Yes. If []No, initials/date now scanned: ❑Prior to refiling the records, add the original request and response to LF file only ❑Add note to outside of the record, date & initials "Records Request Scanned" Verified Records Content & Refiled by: Date: Staff Report Rezoning Request Prepared for The City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete, Inc Petition No.: 13-001-R Planning Management. Services, Inc. B75 Jackson Street, Suite 206 IfflIlEftworl hfyers, Flud 239-334-3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc Rezoning Request Petition No. 13-001-R 'General Information - _ Bob Gent Okeeckiobe sphalt &Reddy Owners Applicant 1 Mixed Concre 503 NW 91" Street A Applicant Address Okeechobee, FL 34972 811 NW O strut Applicant Phone Number 863-763-7373 Applicant Ema$l bg gcfipvir�g. ant__._._. - .._. ,._ion?.__....__.-......_ _ . _.. _....._. Contact Person Amy Eason, AECOM Contact Phone, Number 1 772-286-3883 Future Land Use Map Cisssification Zoning District Use of Property Acreage Existing Proposed gie Familt Industra_ RMF IND Material storage. Vacant ` associated with existing asphalt �_ ' plant..._. .................. .._ .. ,_......_._.. _......._ ....... _... 0.803 - .... _ 0.803 Legal Description of Subject Property LOTS 1 AND 2 OF BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 3, 4, AND 5, BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, AND PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Parcel Identification Number: 3-15-37-35-0010-00440-0010, 3-15-37-35-0010-00440-0030, WL �k Serting Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc Rezoning Request Petition No. 13-001-R In association with his application to amend the Future Land Use Map from Single Family to Industrial, the Applicant is requesting to rezone Lots 1 — 5 of Lot 44 (0.803 acres) from RMF to IND (Industrial). Adjacent Future Land Use Map Classifications and2oning Districts: North: Future"Land Use Map Classification: Single Family and Commperciel_.__...... Zoning District: RMF and CPO i Existing Land Use: Vacant East: {Future Land Use Map Classification: South: Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single -Family, but Applicant has submitted a SSA to change this :.property to Industrial IND Vacant Single -Family, but Applicant has submitted a SSA to change this property to Industrial IND Vacant West of Lot 5 is Single - Family; beyond that is Multi -Family West of Lot 5 is RMF West of Lot 5 is a Single-family home then a Church 2 Cam Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc Rezoning Request Petition No. 93-001-R Analysis Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided comment to each of the required findings. These are repeated below. However, in this instance ... 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "This application is concurrent with an application requesting change of Future Land Use from SINGLE-FAMILY to INDUSTRIAL. The proposed use is consistent with the surrounding area." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Plan Amendment to the City's Future Land Use Map (FLUM) to change the Future Land Use Designation from Single -Family to Industrial. Staff has recommended denial of the request to change the Future Land Use designation to Industrial, and has recommended it be changed to Multi -Family instead. If the Applicant's request for an Industrial designation on the FLUM is approved, the only zoning district that is consistent with the Industrial Future Land Use category is IND, Industrial, and the Applicant's requested rezoning would have to be approved. On the other hand, If the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and could not be approved. In that case, a rezoning to Multi -Family would be most appropriate. In any case, while the balance of the findings of Sec. 70-340 (items 2 through 9) would be applicable in most rezonings, they are not in this case and the Staff has provided no comments on the Applicant's responses to those findings. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The proposed use is a normal and permitted customary use in Industrial zoning per the City Land Development Regulations." 3. The proposed use will not have an adverse effect on the public interest. "The proposed use is consistent with the surrounding area, and will not have an adverse impact on the public interest." 3 Serving rlorida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc Rezoning Request Petition No. 13-001-R 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent uses, and is not contrary to urbanizing land use patterns." 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "The proposed use is not expected to adversely affect property values or living conditions." 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood "If required, the proposed use can be suitable buffered from surrounding uses." 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The proposed use will not create a density pattern that could be expected to overburden any public facilities." 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety." 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use has not been inordinately burdened by unnecessary restrictions." 4 Sensing Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc Rezoning Request Petition No. 13-001-R Recommendation, i If the City approves the requested amendment to change the Future Land Use Category of Lots 1 — 5 of Block 44 to Industrial, Staff recommends approval of the rezoning to Industrial. On the other hand, if the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and could not be approved. In that case, Staff recommends rezoning the property to Multi -Family. Submitted by: Wm. F. Brisson, AICP May 6, 2013 Planning Board Hearing: May 16, 2013 Council Hearing: June 4, 2013 and June 18, 2013 Attachments: Future Land Use Map Zoning Map Aerial photograph 5 Sowing Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc Rezoning Request Petition No. 13-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS 1111- 111 L 1 ii If 1 al a Y 2 41 t la : , , • a a ; '; I IT ■ 1 1 16 0 ir)' ;• :: 2. 24 21. 2t% I/ a 1. 110 -' . , f 5 I I .Ka N.W. 10 TH STREET - 7 • 11 ---1-1D D Z Z Z al 6 G 4 3 2 i sti, 2 •11. - 1 . ..,. ____. _ _, ... ii .... 4 ■ OS I 1 CO ...- . 56 OS AS 14,19 ,aC 21 4 aa 24 25 26 , 7 111,1to n . 2. 1—.„ 1 Z' Z Z I I . IIIIIIIIIII I E I I I . IA 13 9 1 ii 0 6 • 3 2 i 1 .1 5 5 4 5 1 •NM _. 1/1,1119PPrinr Se • * 7 I r 7 ji lc= =1 —1 ' ...,,, MCI "iW F4 R ' ' RO. • i __ ..____________ . _________.. —Subject NW. 8TH STREET Property .._ . to 5,-- l - - 71 3 . 1 2 :, ; 2 1_____, , , pi 12 us ! 12 ' 2 : .... r ■ 1 13 a = i , i i 3 1 = 111 a 12, 44 OS 112 7 112 4 39 i 5 „ (4,-,, : 4 .I. 64 65_-__i, kW. 7 TH 0OURT x .-; IS. -a, 16 rf$4 I— : X u• 1; I 1 1 , II ,, *a *1 a ,„1,_ 3 • IS Er . s • • 12 1 I 7 . i 1 41 I; ilj 1 e l II „, . • ,X : 49 9 1 1111 O. r3 et VS 1€ EZ 11 2.., o) 26 to ... COMPREHENSIVE PLAN LAND USE _- SttIGLE-PAItTLY alli IN1.11j1.FAMILY , • KX2/.11471117.3,4_ . INIITiAd. . _ I . ' . = PUBLIC.FACILfTle3 z itESnakITIALKOX:F..-.0 WIE ' 6 spin*.iikvrictx 7.,.....1-1■,,,,r;.ro,-pv-sin,,, ios,s Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc Rezoning Request Petition No. 13-O01-R ZONING SUBJECT SITE AND ENVIRONS I }r * .• 1 __ 1. bti a. 11 I 1.--kiL i 1 EN 1 ...."."-r—r 40 1 12 — Filigliiii I s •III 5 SI Subject , 1 ¶7 , _ > 11-C 1 ZONING sr— ® s 31-.XI SrWYxltf rte:to Cr aCii_ .: 1 ._ a,a-WIT A Rai-Sal,xi'V -a.7.. Fi%!a? 72m >t3+11.3e^,w3ttlACE4.3V!_ ,......^ Mi-r...S10031.11.41:iiR _19gx1r, rta=s-m=_aus;144 awa:ESS,VIP_n 4 ...,- FFzxtidx T-v_xt t;:wPaVefx 4itket..I'Va" Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc Rezoning Request Petition No. 13-001-R SUBJECT SITE AND ENVIRONS x „ , ' . al vit 4 s i NW 10TH STREET x 4 • ,i VAa}Vi 4 ., 4 , , . } •T, :. s� Y'., { w FI•3. t 'a - li W) CEP x ° u € _ �' ro �.. ,'T * 01.4011 Pk ... ". t , . F. 1..,, Sukject Pr-peg - CSK,Iii -RIYI FII7YiD .,- ti p„t K� a r e ub t. / ... wit Ar ' ti �Bcs}:a.s I- _ , _ ; , Jr w. El 8 Sonia.MasW Iowa.Goreraireems Since 6 Mis Exhibit 3 June 18, 2013 ORDINANCE NO. 1097 AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING CODE BOOK CHAPTER 71 IMPACT FEES, SECTION 71-13 PUBLIC WORKS IMPACT FEE SCHEDULE, SECTION 71-23 LAW ENFORCEMENT FACILITIES IMPACT FEE SCHEDULE, AND SECTION 71-33 FIRE IMPACT FEE SCHEDULE; PROVIDING FOR AN EXTENSION OF A MORATORIUM FOR THE COLLECTION OF IMPACT FEES FROM JULY 1, 2013 TO JUNE 30, 2014; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, Ordinance No. 985 adopted by the City Council on June 5, 2007, providing for impact fees, codified in Chapter 71 of the City of Okeechobee Code of Ordinances; and WHEREAS, the City Council has enacted a moratorium on the collection of impact fees as outlined in Code Book Sections 71-13, 71-23, and 71-33, by Ordinance No. 1071, adopted May 17, 2011, from July 1, 2011 to June 30, 2012, and Ordinance No. 1086, adopted July 17, 2013, extending the moratorium from July 1, 2012 to June 30, 2013; and WHEREAS, the City's Planning Board, acting as the Local Planning Agency, has reviewed the proposed amendment, at a duly advertised meeting held on May 16, 2013 and hereby recommends the extension of the moratorium suspending the collection of impact fees for an additional year, July 1, 2013 to June 30, 2014; and WHEREAS, the City Council agrees with the Planning Board's recommendation and finds enacting such moratorium to be in the best interest of the inhabitants of said City as hereinafter set forth. NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. Amendment and Adoption. Sections 71-13 Public Works Impact Fee Schedule, 71-23 Law Enforcement Facilities Impact Fee Schedule, and 71-33 Fire Impact Fee Schedule, of Chapter 71 of the Code of Ordinances of the City of Okeechobee, are hereby amended and adopted to read as follows: The Impact Fee Collection Schedules imposed pursuant to Sections 71-13, 71-23, and 71-33 herein were suspended from July 1, 2011 through June 30, 3012; from July 1, 2012 through June 30, 2013; and shall continue for the period beginning July 1, 2013 and ending June 30, 2013. SECTION 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. Severability. If any provision or portion of this ordinance is declared by a 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. Ordinance No. 1097 - Page 1 of 2 AGENDA VI. NEW BUSINESS CONTINUED. A. 1. a) Consider a recommendation to extend the Impact Fee Moratorium for another year, July 1, 2013 to June 30, 2014 (Exhibit 4). b) Board discussion. c) Vote on motion. 2. Consider any other proposed LDR's amendments VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that d any person desires to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceedings, such interested person will reed a record of the prongs, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. ATTEST: Patty M. Burnette, Secretary Dawn T. Hoover, Chairperson MAY 16, 2013 - PLANNING BOARD - PAGE 9 OF 9 ACTION - DISCUSSION - VOTE The City Council along with the Board of County Commissioners and School Board adopted the collection of Impact Fees. The City's fees are outlined in Code Book Section 71-13 for Public Works, 71-23 for Law Enforcement, and 71-33 for Fire Facilities. Due to recent economic issues, the City Council has suspended the collection of City Impact Fees from July 1, 2011, on an annual basis, The School Board suspended the collection of their impact Fees as well since October, 11, 2011. As the Local Planning Agency, the Planning Board has been requested to review the matter and offer a!, recommendation to the City Council, either to adopt or not adopt the extension of the moratorium to collect City Impact', Fees for an additional year, July 1, 2013 to June 30, 20% Chairperson Pro-Tem Brass asked whether there was any further discussion. There was none. Board Member Baughman made a motion to recommend the City Council extend the Impact Fee Moratorium for another year, July 1, 2013 to June 30, 2014; seconded by Board Member Creasman. VOTE HOOVER -ABSENT BURROUGHS-ABSENT BAUGHMAN-YEA BRASS -YEA KELLER-YEA McCoy - ABSENT RITTER - YEA CREASMAN - YEA MCCREARY - YEA MOTION CARRIED, Chairperson Pro-Tem Brass asked whether there were any requests for amendments to the Land Development Regulations. There were none offered. There being no further items on the agenda, Chairperson Pro Tem Brass adjourned the meeting at 8:43 p.m. Chairperson Pro-Tem Brass filed Form 8B Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers. 1NDEPErgDENT NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three tunes a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of . _ in the 1.9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of i Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. I f,r r. Toi11 Byrd Sworn to and subscribed before me this ' -day of ` ,' � " ' � AD Notary Public, State of Florida at Large f _ rr°'• 4; ; ITINGiE QRIDGES +; = MY COMMISSION # EE 177653 r o EXPIRES: April 20 2016 e +F OF Fl"�a`�• Bonded Thnf Notary Public Underwriters (863) 763-3I34 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CM ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Oker Florida will on Tuesday, June 18, 2013 at 6:00 p.m. or as soon It possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL, conduct a HEARING to consider final reading for adoNCE Fption of the following 0 OF OKETII Into nnma NamF�nnTNG CRODDE�BOOK CHAPTTHE ER 71 IM ACI AND SECTION 71-33 FIRE IMPACT FEE SCHEDULE; PRUVIUMS FOR AN EICTENSION'OF A MORATORIUM FOR THE COLLECTION OF EMPACT FEES FROM IULY 1 2013 TO TUNE 30 2014• PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABIIF*; ANd PROVIDING FOR AN EFFECTIVE DATE All membbers ofthepublic are encouraged gged to attend and participate in said members of the publk�atsed theoOffice of theaGty Clebe rk during normal busiected in its ness hours, Mon -Fri, 8:00 AM-4:30 PM, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, anyperson who may seek to appeal any decision imrohdng the matters fro_ ticed herein will be responsible for making a verbatim record of the testirho ny and evidence at said meeting upon which any appeal is to be based. Please contact City Administration at 863-763-3372, or website •ti, UW41wechobee.com. to obtain a copy of the agenda. In accordance with the Americans with DisabilitiesAct(ADA) of 1990 per- houldns neontact theeCCtty Clerk's Office at 8fi-7accommodation to 633372te in this for assistance. by: James E. Kirk, Mayor Lane Gamlotea, CMC, City Clerk 445224 ON 6/7/2013 Superintendent Board Chairperson: Ken Kenworthy n�,PeeYeobee David Williams School Distric County Board Vice Chairperson: " 863462-5000 700 S. W. Second Avenue Fax 863-462-5151 India Riedel Board Members: Okeechobee, Florida 34974 Joe Arnold Gay Carlton Malissa Morgan Rc ego► June 12, 2013 Ms. Robbie Chartier County Administrator Board of County Commissioners 304 NW 2"d Street Okeechobee, FL 34972 Re: Public Education Impact Fees Dear Ms. Chartier: The School Board of Okeechobee County, at its meeting on June 11, 2013, approved recommending to the Board of County Commissioners of Okeechobee County the continuation of suspension and waiver of the imposition and collection of Public Education Impact Fees. This is in accordance with a resolution (copy enclosed) adopted by the School Board on October 11, 2013. Please call me if you have any questions. Sincerely, 1�"' Ken Kenworthy Superintendent /ga Enclosure cc: Mr. Brian Whitehall, City Administrator, City of Okeechobee, Florida School Board Members Okeechobee County Schools: Achieving Excellencel RESOLUTION RECOMMENDING THE SUSPENSION END WArvER OF THE IMPOSITION AND COLLECTION OF THE PUBLIC EDUCATIONAL FACILITIES IMPACT FEE WHEREAS, the School Board of Okeechobee County, Florida, adopted its Impact Fee Resolution dated November 21, 2006, in reliance upon an impact fee study prepared by Walter H. Keller, Inc., requesting the Board of County Commissioners to adopt a public educational facilities impact fee in compliance with the provisions of Section 235.193, Florida Statutes, and WHerteAS, current student enrollment for the 2011-12 school year is M students less than was projected, and future projected student enrollment through school year 2021-22 is expected to continue to decline,. and WHEREAS, based upon the present decline in student enrolment and future projections of the continued decline in student enrollment, the anticipated need for new school constriction due to population growth is minimal: Now, THEREFORE, be it hereby resolved by the School Board of Okeechobee'County, Florida, that the Board of County Commissioners of Okeechobee County, Florida, is hereby requested to suspend and waive the imposition and collection of the public education impact fee until June 30, 2012, and thereafter to annually continue the waiver and suspension of such fee pending receipt of a new impact fee study recommending the re -imposition and collection thereof. Adopted this 11th day of October, 2011. ATTEST: VV, Ben Benworthy NJ Superintendent and Secretary to the Board OEMZCROsa CovHTz §ooL Boann , 02=01osssycsftOAhWL Seii owe , Chairman Exhibit 4 June 18, 2013 CITY OF OKEECHOBEE ($63) 76.,�­ 337-' FAX (863) 76--1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY ADMINISTRATOVS OFFICE 55 SE 3''D AVENUE CiKEECHOBEEj FLORIDA 34974 NAME.- Steven L. Dobbs ADDRESS: 1062 Jakes Way Okeechobee, FL 34974 TELEPHONE: 863-824-7644 FAX: MEETING: REGULAR ® SPECIAL C3 WORKSHOP ❑ DATE: 6/18/2013____ PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THECITY COUNCIL AGENDA: CRCO Properties - Remote Parkingl arking on City Right of Way approval PLEASE STATE WHAT DEPARTMENTiS) YOU HAVE. WORKED W ITH: City Administrator, Ci fbli Puc Works Director and the City Technical Review --- Committee______--- PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: To approve. remote parking as shown on the attached exhibit. PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUM ENTS: The current property_ was originally constructed as a furniture store_and_it proposed to be -converted -to afitness_facility._ Due_ to_th.e_Sncrease _in required__. parking, it cannot all be met onsite and a remote location will be required. IF A PRESENTATION I5 TO BE MADE, PLEASE LIMIT THE TIME TO TEN AIM INUTES UNLESS OTH F.RWISE APPROVED BY THE MAYOR. .f SIGNED BY: -- __ ��TT _L- - DATE:..._ ii Staff Report Site Plan Review Prepared for. - Applicant: Petition No.: "I 1planca'rng r' 11,375 Jackson Street, Suite 2066, 6 Fort Myers, Ooridi 239.334-3366 Serving Florida Local Governments Since 1988 The City of Okeechobee CRCO Properties, LLC (Fitness Ctr., Nutrition Store) 13-002- TRC (Revised to include remote parking lot) i& Management Services, Inc. `* Staff Report Site Plan Review Applicant: CRCO Properties, LLC Petition No.: 13-002-TRC General Information Owner: - ; CRCO Propkrties, LLC 364 NW 116"' Street Owner Address: Okeechobee, FL 34972 Applicant: CRCO Properties, LLC 364 NW115th Street Applicant Address: Okeechobee, FL 34972 Site Address: ; 704 North. Parrott Avenue Okeechobee, FL 34972 Contact Person: Steven L. Dobbs, P.E., Engineer Appllcant/Contact Phone Number: 8637824-7644 LOTS 18, 19, AND 20, BLOCK 57, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. The Applicant is converting an existing 8,000 square foot retail furniture store to a 5,000 square foot fitness center, 1,500 square foot retail nutrition store and 1,500 square feet of warehouse space. All functions will take place inside the building with 3 — 5 employees and the hours of operation will be from 6:00 AM until 8:00 PM. The Applicant is proposing to provide parking at a remote lot behind the Big Lake Eye Care building, as provided for under Sec. 90-511(a)(2). Following is the Staff analysis of the project's consistency with the various City requirements and regulations. Instances where the Staff believes the submission to be deficient are highlighted. Future Land Use Map Classification Zoning District Use of Property Land Area Existing Commercial CHV Former furniture store 20,909 sq ft (0.48 acres) Proposed Commercial CHV Fitness center & nutrition store with warehouse space 20,909 sq ft (0.48 acres) � 1 Serving Florida Local Governments Since 1988 Staff Report Site Plan Review Applicant: CRCO Properties, LLC Petition No.: 13-002-TRC North: Future Land Use Nlap Claassification:ornmercial - i Zoning District: - - - ::-- Exiistin-_9 -~- Land Use: --.._...._.__- ..... _..._._...___.._ ._ _ _ --wick Change oil . & lube service - -- ._ ._ East Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Mini -storage & towing service South ---, Future Land Use Map_Classification Commercial Zoning District:_ _ -:- ; CHV _-.. _. Existing Land Use: - - - -- - - . Offices West: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Building & open storage of Public Potable Water and Sanitary Sewer: Since the demand for potable water and sewer service associated with a 5,000 square foot fitness center and other uses proposed for the existing building will significantly exceed that which would normally be associated with a furniture store, the Applicant should obtain a letter from the Okeechobee Utility Authority (OUA) stating that it has adequate capacity to serve the proposed use. Solid Waste Disposal: On a number of occasions the County has confirmed a consi- derable level of excess capacity available to serve the solid waste disposal needs of other developments in the City. It appears reasonable that the volume of solid waste associated with a development of this size can also be accommodated within the capacity of the County's Solid Waste Facility. Traffic: According to the 7th Edition, ITE Tripp Generation Manual, the proposed mix of uses is likely to generate about 28 vehicle trips during the weekday PM peak hour. While this is considerably more than the most recent use as a furniture store (which only generated slightly less than four trips), it is not significant with respect to the available capacity of the adjacent roadways. Serving Florida Local Governments Since 1988 Staff Report Applicant: CRCO Properties, LLC Site Plan Review Petition No.: 13-002-TRC Drainage: In the event of any increase in the amount of impervious surface on the site will require that the Applicant meet all standards required by the City of Okeechobee and the South Florida Water Management District. Regulation Required Provided Minimum Parcel 6,250 square feet; 50' 20,909 square feet; 147' width Size width Minimum Front 20 feet for buildings, Yard Setback 10 feet forparking 50+ feet for building. Minimum Side Yard Setback 8 feet 23 feet on the east and west sides Minimum Rear 10 feet Existing rear setback is nonconforming at Yard Setback about nine feet. Maximum Lot 50% 38.6% Coverage Maximum Lot Coverage and Other Impervious 85% 80.8% (est.) Surfaces one space per 150 sf of fitness center (5000/150) = 33.3; one space per 1,000 sf of Off- street Parking warehouse There are now ten (10) parking spaces (1500/1000) = 1.5; located in front of the building. More discussion is provided on the following page. one space per 300 sf of retail (1,5001300) = 5; total required = 40 spaces Serving Florida Local Governments Since 1988 Staff Report Site Plan Review Applicant: CRCO Properties, LLC Petition No.: 13-002-TRC DISCUSSION REGARDING USE OF REMOTE PARKING BEHIND BIG LAKE EYE CARE The Applicant has suggested using the unimproved area behind Big Lake Eye Care, a property also owned by the Applicant to augment the ten spaces presently located on the subject site. Staff has visited the site and nearby properties and explored the viability of using this property as a remote parking lot to serve the proposed use under the provisions of §90-511(a)(2). This visit indicated that the only likely pedestrian route to be utilized by patrons of the proposed use(s) to go to and from the proposed off -site parking area would be crossing NE 7`h Street into and through the parking lot behind the property located at 610 N. Parrott Avenue. The Applicant has submitted a preliminary drawing of the proposed remote parking lot. This drawing indicates to us that the walking distance between the front door of the subject property and the nearest parking space in the remote lot will be about 370 feet. At a common pace of 3 to 3.5 mph, it would take one about somewhat under 1 '/ minutes to go from the closest parking space to the door of the fitness center. If one is at the most remote parking space, the walking distance would be about 600 feet and would take between 2 and 2.3 minutes. Having traversed this route a couple of times during my site visit, I did not find it inconvenient. I did not walk the longer route to the most remote space at that time. Even though the distance between the remote parking lot and the fitness center may be acceptable, parking will most likely occur along the right-of-way on the south side of NE 7"' Street before patrons will use the remote lot, unless no parking signs are erected and rigorously enforced. Since the property between the remote parking lot and NE 7`h Street is not owned by the Applicant, it would be necessary to obtain a written agreement with the owner of 610 N. Parrott Avenue to allow pedestrian access across this private property to access the remote parking area behind Big Lake Eye Care. Without such an agreement, safe and convenient access to the remote lot could not be guaranteed and therefore the remote lot could not be considered to adequately serve the proposed use, as required under §90-511(a)(2). The Applicant has submitted an agreement with Ms. Anita Nunez, owner of the property at 610 North Parrot Avenue. If the agreement is deemed by the City Attorney to be legally acceptable, this would satisfy this concern. One required for 5,000 to None provided. If the remote parking lot is Off-street Loading 25,000 square feet of approved, we would recommend that the commercial floor space. required loading zone be located in the on - site parking lot. If the remote lot is approved, all location and Parking Space dimensional requirements will need to be Dimensions and met. For example, to avoid conflicts the first Locations parking space should be located 20 feet from the east property line. Minimum Driveway 24-feet for 90 degree This will have to be addressed when the site Width parking plan for the remote lot is reviewed. ML 4 Serving Florida Local Governmems Since 1988 Staff Report Site Plan Review Applicant: CRCO Properties, LLC Petition No.: 13-002-TRC Regulation Required Provided Landscaping Requirements for Assuming that no additional parking is parking and provided on site, and no other physical vehicular use areas changes are made to the subject site, the (Sec 90-533) property can be considered grandfathered with respect to any need for landscaping and buffering. However, the Applicant will ultimately need Required landscape buffer areas Sec. 90eas to submit a landscape plan for the remote parking lot that meets all of the applicable Landscape design and plan. landscape requirements_ Sec. 90-538 Requirements Sidewalks: There are no sidewalks anywhere along the north side of NE 7th Street. There is a sidewalk along the south side of the street between Parrott Avenue and NE P Avenue. Lighting Plan: if the remote lot is approved, the Applicant will need to submit a photometric lighting plan showing an average of one-half horizontal foot candle, per Sec. 78-71. Dumpster Location: We could find no dumpster location indicated on the site plan. I:! ItL'�7 Oak: Serving Florida Local Governments Since 3988 5 Staff Report Site Plan Review Applicant: CRCO Properties, LLC Petition No.: 13-002-TRC ,'Recommendation: Based on the foregoing information and analysis, we believe that a remote parking lot in the location proposed by the Applicant could be considered to adequately serve the proposed uses provided the following conditions are met: The City Commission approves the Applicant's request for the use of off -site parking facilities. 2. A legally acceptable agreement, which provides for access through the property at 610 North Parrott Avenue and/or along the public alleyway between NE 7tn Street and the proposed remote parking lot, is executed between or among the appropriate parties. 3. The Applicant submits to the City a written agreement ensuring the continued availability of the off -site parking facility for parking use as required under Sec. 90-511(a)(2). 4. The applicant submits a site plan for the remote parking lot which, together with the on - site parking spaces, provides for at least 40 off-street parking spaces as required by the LDC. The site plan must also meet all other applicable requirements of the LDC as relates to access, size and location of parking spaces, buffering, landscaping and lighting, including the submission of the required landscape and photometric lighting plans. 5. Suitable locations for a dumpster and loading zone are provided on the subject property (704 North Parrott Avenue). 6. Should the City determine that parking signs are needed along the north side of NE 7th Street, between Parrott Avenue and NE 2"d Avenue, the Applicant will be responsible for the cost of the signs and their placement in the right-of-way. Submitted by. - Wm. F. Brisson, AICP Planning Consultant April 26, 2013 TRC Hearing date: May 16, 2013 Attachments: Future Land 'Use Map Zoning Map Aerial showing subject property, remote parking lot, and pedestrian route U Staff Report Applicant: CRCO Properties, LLC Site Plan Review Petition No.: 13-002-TRC FUTURE LAND USE MAP N Subject • 56 Property COMPREHENSIVE PLAN LAND USE 171_ SINGLE FArnitILY at MULTI-FAMILY COMMERCIAL INDUSTRIAL PUELIC FACILITIES Hi]RESIDIalTIAL MIM )USE .1: 3 7 Serving Florida Local Governments Since 1988 ... - Staff Report Applicant: CRCO Properties, LLC , Site Plan Review Petition No.: 13-002-TRC ZONING MAP H . _ 1 f 51111Mplim_ N "sr ...... ■ • _ Subject wr Property 1 1 1 i "II , I ■ i up 1 1 1 1 ! -7145 , 1 i 11111 . , ., . o 1111 ., , ZONING as ZES :0Vt0...S.J.f..1.1Er."- .^...r•Lt-Wr.^.0tiv,,r).o. _ 1;.0-toWn.' :,/,If--,-ryzige M.:3-f=11e_k:M:l -re .11C-r. (...f. pv-ap•SESO4V+Tv_t crli.TFAX1.2e MVP-nsicet TKI.WOE_E rr..)k".! •!:..F-.•1 ErT.351,:7 k.e`,14C,LF Fkt'IL.' . ,.: i 8 Serving ing Florida LOC21 Governments Since 1988 Staff Report Applicant: CRCO Properties, LLC Site Plan Review Petition No.: 13-002-TRC AERIAL VIEW OF SUBJECT PROPERTY AND PROPOSED REMOTE LOT AND PEDESTRIAN ROUTE a► .._ _ 0 - i t' rM ,ti1 7# .i i& . - __ Ni. . .sj. stir t♦..•i Wes' 4 ,_,_ ,.� ,, 8 ,e t t J Subject gr 1 ,' �,.Prspet M 'i. ,,.-; , rn *1,N °3 AMrV'1� . S '"� 41;M' � 4.1�l71uff'` `,... ,; ',<• . t � t i. Lake - I i :,,'--;:-.7.. .�1 Cn m s{.: { +.e , � U a ' �'t l" .^ � � r �i c i 1".. 7 ^∎. '. . ', • u a {.,1 ./JM `Y' . tea C ,IL\ - _ ... t . — Pedestrian Route IN Nearest Parking Space 1 Farthest Parking Space liCl'a---' _ 9 Serving Florida ore Governments Since 1988 I MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, MAY 169 2013,10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 Page 1 of 3 CALL TO ORDER — Chairperson. The meeting was called to order at 10:00 a.m. by Chairperson Whitehall. II. STAFF ATTENDANCE — Secretary. City Administrator Brian Whitehall - Present Building Official Jeffrey Newell - Present Police Chief Denny Davis - Present Fire Chief Herb Smith - Present Public Works Director David Allen - Present City Engineer -Position is vacant at this time Non -Voting Ex-Officio Members: City Attorney John R. Cook - Present (arrived at 10:07 a.m.) City Planning Consultant Bill Brisson - Present OUA Executive Director John Hayford - Present County Environmental Health Department Representative - Present School District Representative - Absent Board Secretary Patty Burnette - Present III. MINUTES — Secretary. A. Police Chief Davis moved to dispense with the reading and approve the February 21, 2013 Technical Review Committee regular meeting minutes; seconded by Fire Chief Smith. Motion carried unanimously. IV. NEW BUSINESS — Chairperson. A. CRCO Properties, LLC. 13-002-TRC. Application was submitted by Steven Dobbs, P.E., on behalf of the property owner, CRCO Properties, LLC, in regards to converting an existing 8,000 sq. ft. retail furniture store to a 5,000 sq. ft. fitness center, a 1,500 sq. ft. retail nutrition store and a 1,500 sq. ft. of warehouse space located at 704 North Parrott Avenue, Okeechobee, FL. and to include remote parking lot — Senior Planner. City Planning Consultant Brisson explained to the Board that the applicant is proposing to convert an existing commercial building as stated above. The legal description is Lots 18 to 20 of Block 57, City of Okeechobee. Plans were originally reviewed and found the project did not provide the adequate required parking, and included parking along the right-of-way on Northeast 7th Street. The City's Land Development Regulations do not allow private, off-street parking to be located in the public right-of-way. TRC - May 16, 2013 - Page 2 of 3 IV. NEW BUSINESS CONTINUED. A. CRCO Properties, LLC. 13-002-TRC continued. In an effort to address the 10 additional parking spaces required, but cannot be constructed on the subject property, the applicant is requesting to utilize a remote parking lot on additional property they own, located one block south (behind Big Lake Eye Care). Discussion then turned to pedestrian safety, and concerns that customers would park illegally along the right-of-way, regardless of the remote parking area. Then the fact that customers would be crossing another owner's property, located at 610 North Parrott Avenue was a concern. Should the remote parking be approved,. Planner Brisson suggested "No Parking" signs be erected along 7th Street and rigorously enforced and the two property owners enter into a written agreement, giving consent for the customers to traverse across each other's property. The agreement would need to be reviewed for legal sufficiency by Attorney Cook prior to execution. A proposed agreement was then distributed, should it be deemed legally acceptable by Attorney Cook, this would adequately address the safety concerns. For the record, and to clarify, Administrator Whitehall, confirmed with the Board that parking on the right-of- way was not up for discussion as this was not the prerogative of the TRC to propose to the City Council. However, should the City Council decide to address it as a means to approve a parking reduction, they could. All Board members were in agreement. Engineer Steven Dobbs, addressed the Board by first stating that he did not have an updated site plan to provide at this time, as he was trying to satisfy all the parking requirements before having the applicant expend additional costs on the project, once approval is obtained for the remote parking, revised proposed construction plans would be submitted. Following a lengthy discussion, the consensus of the TRC was to recommend the applicant seek approval from the City Council for the off-street parking arrangement (remote parking), then return for the Board to address the construction conditions and details. A full site plan would be required showing 40 parking spaces, based on the City Council's decision, as well as addressing a solid waste dumpster location and loading zone on the subject property. Comments from the Departments: County Environmental Health Department: Mr. McCoy commented the current septic system was constructed and designed for two bathrooms. Should the applicant propose installing showers or using a Jacuzzi, the system would most likely need to be upgraded. The applicant responded he was proposing to abandon the current septic system and install a lift station. QUA: Mr. Hayford's comments reflected there is a fire hydrant on the site, and a force main is located one- half a block to the south within the alleyway. He confirmed the property is utilizing septic, not sewer. Finally, should the applicant propose each of the three types of businesses have individual addresses, the meter will need to be changed to one for each business address. Building Official: Mr. Newell's main concern was with a change of ownership and whether the remote parking lot would be tied to the subject property, and how it could continue legally, should the applicant decide to sell either property. Public Works: Mr. Allen was concerned with parking as well and providing a safe route for pedestrians crossing Northeast 7th Street. Police Department: Chief Davis noted his concerns with potential illegal parking on the right-of-way and that his department would be enforcing the no parking along 71h Street. He further gave an example of another fitness center with a parking agreement and the patrons continue to park illegally on the right-of-way. TRC - May 16, 2013 - Page 3 of 3 IV. NEW BUSINESS CONTINUED. A. CRCO Properties, LLC.13-002-TRC continued. Fire Department: No issues were received. Fire Chief Smith moved to recommend to the City Council to approve the concept of the remote parking lot with the condition that the construction details and compliance issues be addressed by the Technical Review Board regarding Application No. 13-002-TRC; seconded by Public Works Director Allen. Motion carried unanimously. V. ADJOURNMENT— Chairperson. There being no further items on the agenda, Chairperson Whitehall adjourned the Technical Review Committee meeting at 11:02 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose of backup for official records of the Department. Brian Whitehall, Chairperson ATTEST: Patty M. Burnette, Secretary --------------------------------------------- — LLs MOgPIr A¢ NI-PARpIt AKM4 _ i x i rtR t i i i 1r i I F I r o R VVI ---------- A, in v o p m ' i 0@' I t yR i ... YD+ m I '; i x --- - ---- ---------------------------� I - ----1--------1=----- ----------------------------------------------------------------- ------ TNBDOOULBlT,TOOETHERY TII!CONOlPTf ANODEf MPREflNTlDHMM,Af ANWfTRD WflR E,Ef!TlNOEDONLYFORTIEfPE MPMMSEANDOLENTF WHIOHRWAf PREPARED.REUSEWANDBIPROPERRELWNOEON"MDOCU TWDHONTWRITTM!AOTHOROA ANDADOPTIONfYfTEVENLD 83,P.4 EMAIL f!YATNOIR WfILRY TO 6TlVdlLDOBE!lNODElPINO, LLG. SCALE Dare: fa-IDU ��CRCO PROPERTIES, LLC11 DRAWN BY: 8LD �, Steven L. Dobbs m VERIFICATION F T MAY 16, 2013 - PLANNING BOARD - PAGE 5 OF 9 ACTION -DISCUSSION --VOTE. . V. PUBLIC HEARING CONTINUED. C. . Consider Comprehensive Plan Future Land Use Element Text Consider Comprehensive Plan Future Land Use Element Text Amendment to accommodate the inclusion of limited Amendmentto accommodate the inclusion of limited agriculture uses agriculture uses in all Future Land Use categories, provided the property is zoned Holding. in all Future Land Use categories, provided the property is zoned Holding - Senior Planner (Exhibit 3, Attachment A, Page A 1 through Page A-7). 1. Hear from Planning Staff. Planner Brissson referenced his memorandum dated April 10 regarding proposed changes to accommodate the inclusion of limited agriculture in all Future Land Upecategorles provided the lands arezoned Holding. This matterwas previously heard before this Board in February, though was not advertised as a public hearing, which is a state requirement The Planning Board has already made a recommendation that the City Council re-createladopta Holding Zoning Category. Owners wilt be allowed to have Limited Agriculture uses as long as properties are zoned Holding. He further explained that the definition of Limited Agriculture is a non-commercial business that allows grazing, boarding or raising of livestock. The main concern is regarding lands zoned as RSF -1. Board Members Ritter and McCreary were concerned with the property owners who have something other than Holding Zoning and children who are raising animals for 4H and FFA. Board Member McCreary had grave concerns that the recommended changes, as presented in the Planner's memorandum, would cause problems with being allowed to keep 4H and FFA animals on their property. He did notwantto tamperwith whatwas already allowed as this then could cause misinterpretations. discussion ensued as to how the Board should proceed. MAY 16, 2013 - PLANNING BOARD - PAGE 6 of 9 V. PUBLIC HEARING CONTINUED. C. 2. Public comments or questions from those in attendance, or Chairperson Pro-Tem Brass asked whether there were any comments orquestions from those in attendance. There was submitted to the Board Secretary. none. N 3. Disclosure of Ex Pade communications by the Board. Chairperson ProTern Brass asked whether Board Members had ex parte communications to disclose for the record. There was none, 4, a} Consideration of a motion to recommend the City Council Board Member Baughman made a motion to create the category Holding. This motion died for a lack of a second. approve or deny Text Amendment. Board MemberMcCreary made a motion regarding the Comprehensive Plan Future Land Use EtementTextAmendment to accommodate the inclusion of limiteu agriculture uses in all Future Land Use categories, provided the property Is zoned Holding, to withhold any decisions tonight and to plan a session with the City Council and the public In Public', Hearing format to further appropriately resolve the matter, seconded by Board Member Ritter. b) Board discussion. Chairperson Pro-Tem Brass asked whetherthere was any furtherdiscussion. Board MemberBaughman was concerned that nothing would come from having this session with the City Council and the public, as the public did not show up the last time and it was advertised as a Public Hearing. Board Member Ritter pointed out that the majority of the Board was not present at the City Council meeting when this topic was up fordiscusslon and he really wanted to sit down and be eye to eye with the Council, as they had struggled with this issue as well. c) Vote on motion VOTE HOOVER -ABSENT BURROUGHS ABSENT BAUGHMAN-YEA BRASS -YEA KELLER-YEA McCoy - ASSENT RriTER - YEA CREASMAN - YEA MCCREARY • YEA MOTION CARRIED, The recommendation will be forwarded to the City Council for consideration at a final Public Hearing on a date to be determined, Exhibit 6 June 18, 2013 FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component AGENCY of the State of Florida, hereinafter called the "DEPARTMENT" and the City of Okeechobee, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY." WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 15/SR 700, (US 98/ US 44 1) as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscaping within the unpaved areas within the right of way of State Road 15/SR 700, (US 98/ US 441); and WHEREAS, the DEPARTMENT agrees that landscaping should be installed and maintained as proposed by AGENCY and has, through the Florida Highway Beautification Council, awarded AGENCY a beautification grant for installing such landscaping; and WHEREAS, the parties hereto mutually recognize the need for entering into an AGREEMENT designating and setting forth the responsibilities of each party; and WHEREAS, AGENCY, by Resolution No. 12-08, dated September 251h, 2012, and attached hereto as Exhibit "A," has accepted said grant and authorized its officers to execute this AGREEMENT on its behalf. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: N 1. The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in the Landscape Plan(s) included as Exhibit "B." Such installation shall be pursuant to Rule 14- 40.003, Florida Administrative Code, as it may be amended from time to time. The AGENCY shall not nn change or deviate from said plan(s) without written approval of the DEPARTMENT. 2. The AGENCY agrees to maintain the landscaping within the median and areas outside the travel way within the right of way pursuant to the Landscape Maintenance Plan(s) included as Exhibit "C", and Rule 14-40.003, Florida Administrative Code, as it may be amended from time to time. The above named functions to be performed by the AGENCY shall be subject to periodic inspections by the DEPARTMENT. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 3. All landscape installation and maintenance activities undertaken by AGENCY shall be pursuant to the Work Zone Traffic Control Plan(s) included as Exhibit "D", and Rule 14-40.003, Florida Administrative Code. 4. If at any time after the AGENCY has assumed the landscaping installation or maintenance responsibility above -mentioned, it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly installed or maintained pursuant to the terms of this AGREEMENT, the District Secretary or his designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: a. If installation is not completed pursuant to the plans in paragraph 1, the DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's personnel, and deduct the reasonable cost thereof from the money otherwise due the AGENCY under this AGREEMENT. If installation has been properly completed or if the DEPARTMENT elects not to complete the landscaping under (a) above, and maintenance by AGENCY is not in compliance with paragraphs 2 or 3, the DEPARTMENT may take action to maintain the landscaping or a part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, or C. The DEPARTMENT may terminate the AGREEMENT, in which case the AGENCY shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the right-of-way to its original condition. The AGENCY will own such materials as it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion, remove, relocate or adjust the landscaping materials, with the AGENCY being responsible for the cost of any removal. Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, AGENCY shall cease installation and maintenance activities under this AGREEMENT. 5. It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order that the state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after which time the DEPARTMENT may remove the same. 6. AGENCY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 2 or 3; however, AGENCY remains responsible for proper performance under this AGREEMENT and shall take all steps necessary to ensure that its employees or third parties perform as required under this AGREEMENT. 7. The DEPARTMENT hereby agrees that, upon satisfaction of the conditions of paragraph 8 of this AGREEMENT, the DEPARTMENT will pay the AGENCY the amount of $100.000.00 of such installation may only include costs which are allowed by Section 339.2405(11), Florida Statutes. 8. Payment shall be made to the AGENCY by the DEPARTMENT under the following conditions. a. This AGREEMENT has not been terminated pursuant paragraph 4. b. The grant award has not lapsed pursuant to paragraph 11. C. Written certification of the completion of the installation and acceptance by the AGENCY is provided to the DEPARTMENT. d. The Highway Beautification Council has inspected and issued written approval of the work or has issued a written waiver of its inspection rights pursuant to this AGREEMENT. e. A DEPARTMENT Landscape Architect has inspected the work and has issued a written determination that the AGENCY has completed the installation of the landscaping pursuant to the terms of this AGREEMENT. 9. Payment under paragraph 8 of this AGREEMENT is also subject to the following conditions. a. Proof of receipt and approval of goods and services must be available upon request by the DEPARTMENT or the State Comptroller pursuant to Section 215.42, Florida Statutes. b. Bills for fees or other compensation for services or expenses that are recovered pursuant to this AGREEMENT shall contain detail sufficient for a proper preaudit or postaudit thereof. Records of costs incurred under the terms of this AGREEMENT shall be maintained by the AGENCY and made available upon request to the DEPARTMENT at all times during the period of this AGREEMENT and for three years after final payment is made. Copies of these documents shall be provided to the DEPARTMENT upon request. Records of the costs incurred include the AGENCY'S general accounting records, together with supporting documents and records of the City of Okeechobee, FL and all subcontractors performing work, and all other records considered necessary by the DEPARTMENT for a proper audit of costs. 10. The administration of funds awarded by the DEPARTMENT to the AGENCY may be subject to audits and/or monitoring by the DEPARTMENT as described in this section. a. In addition to reviews of audits conducted in accordance with OMB A-133 monitoring procedures may include, but not be limited to, on -site visits by DEPARTMENT staff, limited scope audits as defined by OMB A-133, and/or other procedures. By entering into this AGREEMENT, the AGENCY agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited scope or project -specific audit of the AGENCY is appropriate, the AGENCY agrees to comply with any additional instructions provided by the DEPARTMENT to the AGENCY regarding such audit. The AGENCY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. In the event that the AGENCY expends a total amount of State awards (i.e., State financial assistance provided to the AGENCY to carry out a State project) equal to or in excess of $300,000 in the AGENCY's fiscal year, the AGENCY must have the State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapters 10.550 and 10.650, rules of the Auditor General. Paragraph 7 to this AGREEMENT indicates State funds awarded through the DEPARTMENT by this AGREEMENT. In determining the State awards expended in its fiscal year, the AGENCY shall consider all sources of State awards, including State funds received from the DEPARTMENT, except that State awards received by a non -State entity for Federal program matching requirements shall be excluded from consideration. C. In connection with the audit requirements addressed in paragraph 10.c. above, the AGENCY shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 and 10.650, Rules of the Auditor General. d. If the AGENCY expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the AGENCY expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from the AGENCY's funds obtained from other than State entities). e. Copies of the financial reporting packages required by paragraph 10 of this AGREEMENT shall be submitted by or on behalf of the AGENCY directly to each of the following: FDOT District Highway Beautification Council Grant Coordinator Michael Schulte, RLA 801 North Broadway Avenue Post Office Box 1249 Bartow, FL 33831 michae1.schulte@dot.state.fl.us State of Florida Auditor General Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 f. Any reports, management letters, or other information required to be submitted to the DEPARTMENT pursuant to this AGREEMENT shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapters 10.550 and 10.650, Rules of the Auditor General, as applicable. When submitting financial reporting package to the DEPARTMENT for audits, AGENCY should indicate the date that the financial reporting package is delivered to the DEPARTMENT in correspondence accompanying the financial reporting package. 11. The beautification grant awarded pursuant to this AGREEMENT shall be effective and continue for a period of one (1) year from the date of this AGREEMENT. 12. The term of this AGREEMENT commences upon execution. 13. The AGENCY shall indemnify, defend, and hold harmless the DEPARTMENT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission or negligent act by the AGENCY, its agents, or employees, during the performance of the AGREEMENT, except that neither the AGENCY, its agents, nor its employees will be liable pursuant to this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents, or employees during the performance of the AGREEMENT. 14. When the DEPARTMENT receives a notice of claim for damages that may have been caused by the AGENCY in the performance of services pursuant to this AGREEMENT, the DEPARTMENT will immediately forward the claim to AGENCY, and the DEPARTMENT will evaluate the claim and report their findings to each other within seven working days and will jointly discuss options in defending the claim. After reviewing the claim, the DEPARTMENT will determine whether to require the participation of the AGENCY in the defense of the claim or to require that the AGENCY defend the DEPARTMENT in such claim pursuant to this section. The DEPARTMENT's failure to notify the AGENCY of a claim shall not release the AGENCY from any of the requirements of this section. The DEPARTMENT and the AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, but if the verdict determines that there is joint responsibility, the costs and liability for damages will be shared in the same percentage as that judicially established. 15. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are no other AGREEMENTs and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 16. This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 17. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the AGREEMENT and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. By: City of Okeechobee. FL (AGENCY) Mayor Attest: (SEAL) Clerk/Director Legal Approval Catalog of State Financial Assistance (CSFA) Number - 55003 CSFA Title - Florida Highway Beautification Council Object Code — 750003 Category - 088850 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: District Secretary Attest: (SEAL) Executive Secretary Legal Approval District Landscape Architect EXHIBIT "A" RESOLUTION BY LOCAL GOVERNYWENTAL ENTITYACCEPTING GRANT. AND AUTHORIZING ITS OFFICERS TO EXECUTE THIS AGREEiVIENT ON ITS BEHALF EXHIBIT "C" LANDSCAPE YLIAINTENANCE PLAN APPROVED BY DISTRICT LANDSCAPE ARCHITECT RESOLUTION NO. 12-08 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING OKEECHOBEE MAIN STREET TO APPLY AND ACCEPT A HIGHWAY BEAUTIFICATION GRANT, AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, many roadside areas and median strips within the Florida Department of Transportation rights -of -way must be maintained and attractively landscaped; and WHEREAS, the City Council of the City of Okeechobee beautifies and improves various rights -of -way by landscaping within the City of Okeechobee; and WHEREAS, the City Council of the City of Okeechobee wishes to authorize Okeechobee Main Street to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant, and enter into a Highway Beautification Grant, Landscape Construction, and acknowledge the Maintenance Memorandum of Agreement between the City of Okeechobee and the Florida Department of Transportation. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by.majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. The City Council of the City of Okeechobee hereby authorizes Okeechobee Main Street to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant, and enter into a Highway Beautification Grant, Landscape Construction, and acknowledge the Maintenance Memorandum of Agreement between the City of Okeechobee and the Florida Department of Transportation. SECTION 2. The City Clerk of the City of Okeechobee is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the City Council for the City of Okeechobee. SECTION 3. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODt10EC? AND ADOPTED in regular sessio "r 2 m day of September, 2012. garl $TJames E. Kirk, Mayor Gamiotea, G City Clerk REVIEWED FOR L L 1S FFICIENCY: John R. Cook, City Attorney Resolution No. 12-08 Page 1 of 1 VII. NEW BUSINESS CONTINUED. Consider change to Council Meeting date for October 2012 through January 2013 - City Clerk (Exhibit 2). ITEM ADDED TO THE AGENDA: C, Motion to adopt proposed Resolution No.12-08 supporting Okeechobee Main Street's application for a Florida Department of Transportation Highway Beautification Grant - City Administrator (Exhibit 2a). Vill. OPEN FINAL BUDGET PUBLIC HEARING - Mayor. A. Mayor announces that the purpose of this public hearing is to consider the final reading of ordinances for the proposed millage rate levy and proposed budget for Fiscal Year 2012-2013. SEPTEMBER 25, 2012 - REGULAR MEETING & FINAL BUDGET HEARING - PAGE 3 OF 6 Council Member Watford moved to approve the Council Meeting date changes as presented (cancel the October 2, 2012, November 20, 2012, December 18, 2012 and January 1, 2013 Regular Meetings, and postpone the November 6 Regular Meeting to November 13; seconded by Council Member Williams. Clerk Gamlotea was instructed to schedule the Investiture Ceremony to coordinate with Judge Hendry's schedule. VOTE KIRK -YEA MAXWELL-YEA O'CoNNGR-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED, Council Member Watford moved to adopt proposed Resolution No. 12-08 authorizing Okeechobee Main Street (OKMS) to apply for and accept a Florida Department of Transportation Highway Beautification Grans; seconded by Council Member O'Connor. Council MemberWaiford read proposed Resolution No.12-08 by title only as follows: "A RESOLUTION OFTHECITY OF OKEECHOBEE, FLORIDA AUTHORIZING OKEECHOBEE MAIN STREET TO APPLY AND ACCEPT A HIGHWAY BEAUTIFICATION GRANT, AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE." Mr. John Creasman, Vice President of OKMS, thanked the Mayor and Council for adding the resolution to the agenda at the last minute. They just learned today that the grant application has to be mailed by Thursday. There will be additional items to settle with the City should the grant be awarded, such as a maintenance agreement. Mr. Creasman confirmed the grant will come to OKMS, not the City, and there is no obligation on the City's behalf, KIRK - YEA WATFORD-YEA MAXWELL-YEA O'GONNOR-YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK OPENED THE BUDGET FINAL PUBLIC HEARING AT 6:18 P.M. Mayor Kirk announced that the purpose of this public hearing is to consider the final reading of ordinances for the proposed miilage rate levy and proposed budget for Fiscal Year 2012-2013. Exhibit 7 Robin Brock June 18, 2013 From: Sue Christopher <schristopher@cityofokeechobee.com> Sent: Wednesday, June 12, 2013 2:44 PM To: 'Robin Brock' Subject: City Council Agenda Item Case #12-128 Marguerite Donofrio 400 SE 101h Avenue Lot: 1 Blk:4 Parcel #3 22-37-35-0230-00040-0010 At the June 11, 2013 meeting of the Code Enforcement Board Case #12-128 Marguerite Donofrio of 400 SE 101h Avenue was found in violation of Ch 30 Sec 30-43 Public nuisance due to a dilapidated & derelict house. The Code Board is recommending City Council take action to abate the nuisance. The consensus among the Code Board was the house needs to be demolished. Bid Tabulation Sheet Street Sweeping Bid Opening Bid No. PW-03-00-05-13 Bid Opening: May 28, 2013 at 2:00 p.m. Company Name Clean Sweep & Vac, Inc. 2201 SE Indian Street Stuart, FL 34997 772-349-9311 Exhibit 8 June 18, 2013 Unit price Bid Amount (1086.8 curb miles Plus City Hall Pkg lot) $23.00 $24,996.40 Annually (incl Parking lot) All Seasons Landscape Contractors, Inc. $55.00 PO Box 358 Ft. McCoy, FL 32134 352-236-4294 USA Services PO Box 520580 Longwood, FL 32752 407-339-1800 Ameri Sweeps 2740 SW Martin Downs Blvd. Palm City, FL 34990 772-221-8040 Posted on May 28, 2013 at 3:15 p.m. To be Removed on June 4, 2013 at 3:15 p.m. $58.90 $60,974.00 Annually (incl $1200/yr Pkg lot) $64,252.52 Annually (incl $240/yr Pkg lot) $23.93 $26,007.12 Annually (incl Parking lot) note: multiplication error on bid reflected $25,576.38 CITY OF OKEECHBEE David Allen, Public Works Director To: Brian Whitehall, City Administrator From: David Allen, DPWks Date: For June 18, 2013 City Council meeting Re: Street sweeping contract bid results and recommendation The results of the request for proposals for our annual street sweeping contract are listed below. I am recommending that the City award the contract to the lowest bidder, Clean Sweep & Vac, from Stuart in the amount of $24,996.40 annually. There were no bids submitted by local contractors for the street sweeping contract. The City received bids from four vendors including the vendor that is currently being utilized by the city. The current contract has been in place for seven years and it was felt that it was in the best interest of the City to re -bid the contract. An additional benefit in re -bidding the contract is that by utilizing GIS tools that were not previously available, we were able to recalculate the actual curb miles being swept which may have resulted in a reduction of $15,500 in the annual contract. References for Clean Sweep have been verified, all three of the references have spoken well for the company and Stuart has signed a second contract with them. Let me know if you want me to proceed or if you have any questions. PW 03-00-05-13 Street sweeping Bid Tabulation Company Unit Price Bid Amount (Incl City Hall (Curb Mile) Parking Lot) Clean Sweep & Vac, Inc. 2201 SE Indian Street $23.00 $24,996.40 Annually Stuart, FL 34997 772-349-9311 Ameri Sweeps $26,007.12 Annually 2740 SW Martin Downs Blvd $23'93 note: multiplication Palm City, FL 34990 error on bid reflected 772-221-8040 $25,576.38 All Seasons Landscape Contractors, Inc PO Box 358 $55.00 $60,974.00 Annually Ft. McCoy, FL 32134 352-236-4294 USA Services PO Box 520580 $58.90 $64,252.52 Annually Longwood, FL 32752 407-339-1800 Devin Maxwell From: Craig R. Ahal <craiga@amerisweeps.com> Sent: Tuesday, June 18, 2013 3:23 PM To: 'Brian Whitehall' Cc: jkirk@cityofokeechobee.com; dwatford@cityofokeechobee.com; dmaxwell@cityofokeechobee.com; moconnor@cityofokeechobee.com; cwilliams@cityofokeechobee.com Subject: Sweeping contract Attachments: City of Okeechobee - Proposal Letter - May 2013.doc Good Afternoon Brian, Unfortunately I cannot attend tonight's city council meeting as I am out of town on a college tour with my son. I have reviewed your staffs recommendation for the street sweeping contract. I wanted to thank you for the opportunity to participate in the process and also to be of service to the city for the last 7 years. I did want to point out a few things that I would like you to consider before tonight's vote. Amerisweeps has been a service provider for the City of Okeechobee for the last seven years. year original agreement with 2 contract extensions. Amerisweeps has had one service issue communicated to them within the last 12 months which was in December of 2012 and less than 7 within the entire 7 year period. All of which were immediately responded to and resolved. Amerisweeps bid is $84.23 per month more than the low bidder, making our proposal very competitive. Amerisweeps original bid included an enhanced service proposal that is attached to this email. The enhancements are for additional sweeping for the 6 special events held within the city. We have been doing this for this for several years, but it was not requested in the bid. Based on the items listed above, I believe Amerisweeps is the better choice for The City of Okeechobee. If you should decide to move forward without Amerisweeps as your partner, I understand and thank you again for the opportunity to be of service to you. Craig R. Ahal President http://www.amerisweeps.com Office 1-888-221-8040 Cell - 772-285-7617 Street and Parking lot Sweeping May 28, 2013 RE: Street Sweeping David David Allen, LEEDO AP O+M Public Works Director City of Okeechobee 55 SE Third Avenue Okeechobee, Florida 34974 Dear Mr. Allen: Thank you for the opportunity to submit a proposal to provide street sweeping for The City of Okeechobee. I have attached all of the required bid documents and an enhanced proposal to include special event sweeping. Included in our pricing for this bid, Amerisweeps will provide additional special event sweeping service. This enhancement will be for the defined weekly sweeping area the week prior and the week after the following events to ensure a clean roadway and area for these events. • Martin Luther King Parade - January • Top of the Lake Art Festival - February • Speckled Perch Festival and Parade - March • Labor Day Festival and Parade - September • Homecoming Parade - October • Christmas Festival and Parade - December If you have any questions regarding the aforementioned, please contact me at 772- 221-8040. 1 look forward to hearing from you and continuing to be your long-term maintenance company. Sincerely, Craig R. Ahal President Exhibit 9 MEMORANDUM June18,2013 NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 June 13, 2013 TRANSMITTED VIA EMAIL TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: CDBG Housing Program CDBG Contract No.: 1 ODB-05-07-57-02-H08 The City is currently completing the final three (3) housing rehabilitation projects. Due to the change in the City Council's summer meeting schedule, I would like to propose a temporary change to the language in the City's Housing Assistance Plan (HAP) as it pertains to the approval of change orders. In the City's HAP, it states: "Change orders up to Three Thousand Five Hundred Dollars ($3,500.00) may be authorized by the CDBG program administrator and City Administrator. All change orders exceeding this amount shall require the authorization of the City Council." I would like to propose that this language be changed to allow the City Administrator to temporarily approve change orders for only code and/or health/safety violations in an effort to keep the housing construction moving forward in a timely manner. All change orders will be presented to the City Council at their next scheduled meeting for final authorization. The City currently has homeowners staying in hotels while their homes are being completed and efforts are being made to return the homeowners to their homes as quickly as possible. The CDBG grant does pay for the temporary relocation of the homeowners while they are in the hotels. Action Proposed: Approve a temporary change to the City's Housing Assistance Plan to allow the City Administrator to temporarily approve change orders for only code and/or health/safety violations for the final three (3) CDBG projects (Ervan, Massey and Koger). This action is being taken to not delay the construction work on each project due to the change in the City Council's summer meeting schedule. All change orders approved by the City Administrator will be presented to the City Council for final authorization. Thank you very much for considering this request. Please do not hesitate to contact me if you have any further questions and/or comments. /nsp Exhibit 10 MEMORANDUM June 18,2013 NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 May 29, 2013 TRANSMITTED VIA EMAIL TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: Approval of Change Order for CDBG Housing Applicant — Mattie Ervan CDBG Contract No.: IODB-05-07-57-02-H08 Several months ago the City approved the rehabilitation of the Mattie Ervan project at 920 NW 91h Street. The work is almost completed on this house. At the time on initial inspection with the contractor, the defective roofing system was discussed and it has been decided it would be best to install a new roof. This change order will involve the removal of two layers of existing asphalt shingle roofing, re -nail existing plywood sheathing, install new 30# roof felt, galvanized drip flashing, lead plumbing vent flashings, and asphalt shingle roof. The cost of this change order is $7,628.00. In the City's Housing Assistance Plan, it states: "Change orders up to Three Thousand Five Hundred Dollars ($3,500.00) may be authorized by the CDBG program administrator and City Administrator. All change orders exceeding this amount shall require the authorization of the City Council." For your information, there have been two other change orders already approved for this project: (1) Removal and installation of new hot water heater and drain pan - $877.00; and (2) Removal and installation of rear utility room door - $1,248.00 for a total of $2,125.00. The work is currently being completed. The total for all three change orders would be $9,753.00. There are amply CDBG funds to cover these expenses. Therefore, I would like your approval of this Change Order for the Mattie Ervan project in the amount of $7,628.00 for the installation of a new roof. Thank you very much for considering this request. Please do not hesitate to contact me if you have any further questions and/or comments. /nsp Attachment 5WMaw. Con SfY-U0 .ex $301990. The Updates! F• k from the City Administrator's Desk SS SE 3rd Av., Okeechobee, FL 34974 City Council meeting of June 18, 2013 Grant funding approved!!! — The Governor's Office allowed the funding for the canal cleanup project ($250k) grant. I wanted Senator Grimsley and CAS to be present when the City announces the grant award and Ms. Grimsley is not avail until the July 16th meeting, so we've scheduled it for then. Dale Milita advised the both Sen Grimsley and Rep Pigman were instrumental in pushing the project funding through. Milita will also give a legislative summary at the July meeting. You will notice that a match was incorporated this year and in order to move on the project the City will have to budget accordingly (from the Public Facilities Fund). Earlier in the year the City submitted two grant requests to our Legislators — One for the Commerce park for continued lake maintenance and the other for "storm water retrofit" (essentially canal cleanup). The City submitted these last year and the Governor eventually vetoed both. CDBG Housing program — On the Agenda is a memo from Grant Consultant Nancy Phillips requesting that the City Administrator be given temporary authority to approve change orders for the three last outstanding houses, including: Mattie Ervan, 902 NW 91h St. (Sinemark Const) You will notice a separate Agenda memo request on this project to cover the roof installation but we are concerned about other unanticipated costs. ))Mary Massey, 504 NW 17th St (Mehaffey Const) »Mary Koger, 915 NW 12th St (Platinum Perf Bldrs) While we won't have final change order information for each of these by next Tuesday's meeting, we don't want to be in a position to delay construction until after the July City Council meeting. S. Parrott Av landscaping project (Main St grant) — The City approved a September 25th, 2012, Resolution (#12-08) committing the City to enter into an Agreement and Memo of Maintenance and now it's been added to the Agenda to affirm. Helicopter meeting — we met on 6/4/13 to discuss the installation of the helicopter at the park. The Huey will be painted and trailered and ready for a ceremony on July 4th at the park and at the Okee tanie in connection w/ a fireworks project. Amtrak - CSX Depot — Councilman Watford and 1 met w/Amtrak reps, Todd Stennis and Anella Popo on 4124113. Amtrak still supports the City's efforts to refurbish the depot and pledged to contact State Legislators to express same. They indicated that the new kiosk should only strengthen the City's position and be nothing but compatible. As you recall, CSX had a contingency that Amtrak had to be a principal in any restoration/occupancy efforts. Page 1 6118113 Activity Rpt Cont'd Building Dept / General Services: • Impact fees (Ord 1097,2"d Rdg) — 1st Rdg was 5/21/13 and Planning Bd recommendation - 5/16/13 to continue the impact fee moratorium for another year. Attached find updated comparisons of neighboring governmental agencies, City building permit history and estimated impact fee loss due to the moratorium. Note: on 5/30/13 the City rec'd the radio invoice ($114,834.95 vs original estimate of $112,642.85). The City has waited for the billing in order to exhaust Impact fees on same... amounting to $31,003 (Police) and $18,750 (Fire) = $49,753 total. The total billing for the radios should be about $114,000 incl General fund expense. I say "about" because we found an error in the billing we are trying to resolve. The original estimate was $112,643, but the City did add some equipment incl a cpl of spares, batteries and battery chargers. • A/C for City hall 2"d Floor — After having coolant added several times and after malfunctions, we were advised that the AC is shot and in need of replacement. We've taken quotes and are having Cooling Refrigeration Services replace same as indicated on the quotes below (we solicited all AC businesses for a quote) Council Room/City Admin AC replacement quotes Contractor Amount SEER Rating Capacity Note $2,800.00 13.5 2.5 Ton Capacity less than existing system $3,600.00 16 2.5 Ton Capacity less than existing system Cooling refrigeration Services $3,200.00 13 3.5 Ton Recommended Oation Emory Walker $4,100.00 13 3.5 Ton $4,500.00 14 3.5 Ton $3,597.00 13 3.5 Ton Price increase of $542 is greater than $4,139.00 14 3.5 Ton expected lifecycle energy savings of Glades Air Conditioning $400 Price increase of $1923 is greater $5,520.00 16 3.5 Ton than expected lifecycle energy savings of $1200 Fitness Center at former Rita Furniture location — The biggest obstacle that confronted the 5/16/13 TRC was the lack of parking on the site plan. According to the staff report, 40 spaces are required but there are only 10 at the site. The TRC recommended to the City Council to approve the installation of an alternate parking lot to satisfy the parking requirements for the fitness center project, owned by CRCO Properties (Dr Bartel) but not without some reservations and contingencies. Steve Dobbs is Page 2 6118113 Activity Rpt Cont'd (Fitness Center, former Rita's Furniture) scheduled on the Agenda and the Staff Report is included as an Exhibit. Furthermore, Steve sent me an email that he wanted me to forward to the City Council... it's enclosed in the packet w/ my cover memo. Okeechobee Asphalt rezone - On the Council Agenda (Ord 1096, Zoning 2 Rdg), Okeechobee Asphalt is requesting a change to Industrial ZoninW and Future Land Use of properties west of their current facility on NW 9Street. Mr. Brisson is recommending Multi -Family as the highest (buffer) use for the northwest parcels zoning, incl lots 1-5, acted upon at the last meeting for a 1st Reading. I spoke to Bob Gent, owner and he assured me that they plan to provide a landscape barrier at the property line. Ord 1098 is on the Agenda - to change the Future Land Use from Single Family to Industrial for all the Okeechobee Asphalt parcels shown below: Holding (H) Zoning category — You'll notice the Agenda Exhibit wherein the Planning Board proposed having a workshop /w the City Council to discuss the `H' Zoning. It will be elaborated on at the meeting. Commercial Corridor/Transitional overlay - The Planning Board discussed creating a commercial corridor and transitional overlay area... as the City briefly discussed back in 2010 in connection w/ the Comp Plan Evaluation and Appraisal Report (EAR). I distributed the map w/ my last report. The Board recommended the 'corridor' but rejected the transitional areas which appeared to cause those residents in attendance much heartburn. Next Planning Board June 20th — looks pretty innocent, including two required Comp Plan 'element' changes incl compatibility of land uses near an airport and providing a School Board 'non -voting' member to the Board for input to Comp Plan and Zoning issues relating to residential density. Page 3 6118113 Activity Rpt Cont'd Finance: Pension General Employees — At the last meeting the f/y/e 2012 audit reflected the pension reports for the Police and Fire but not the 'component unit' General Employees which includes the OUA. I've copied the corresponding audit page from the General Employees audit and attached it along with the info from the City's audit for comparison purposes. If you want a copy of the 35 +/- page audit, please just ask. FEMA closes TS Fay docs — Just tho't it was interesting that the 'new' FEMA has finally closed out the 2008 tropical storm Fay reporting. FYI — the City rec'd $18,902 in reimbursable expenses. Budpet/Capital Improvements — Each Dept head has completed a preliminary C/1 listing. We will be using the spreadsheets as part of our budget preparation/planning but also with the C/l element of the Comp Plan. Budget calendar (draft): 7/1/13 Rec certification from Property Appraiser 7/16/13 Set date/time for public hearings and set tent millage 8/20/13 Budget Workshop 5:OOPM 8/27/13 2"d budget Workshop 5:OOPM (if needed) 9/3/13 1 St Pub Hearing (possible if Appraiser sends Cert 7/1) 9�1 M 1St Pub Hearing (alternate, if we don't red the Appraiser certification on 7/1/13) 9/17/13 Final Public Hearing arin 6:OOPM 913 Final Pu /24/ . , .g 6:OOPM alternate if.,.) , bli c He Fire and code Enforcement: • Code mtq 6/11/13 — fines and condemnation of Marguerite D'onofrio's 2- story dilapidated house at 400 SE 1 Oth Av. The consensus of the Code Board was that the nuisance needed to be abated by demolition and it's on the Agenda. Police: • April 2013 activity includes: Calls - 604; traffic warnings - 134; traffic citations - 109; arrests - 40 • May 2013 activity includes: Calls — 556; traffic warnings — 110; traffic citations — 96; arrests — 4 Public Works: • Activity Report June 2013— Enclosed herewith please find same. • Roundabout replacing signal at SW 5th Av and S Park St — Culpepper and Terpening, has designed the artist's rendition of the roundabout proposed for SW Park & 5t" Av., enclosed in the packet. Page 4 6118113 Activity Rpt Cont'd (Public Works) • Street Sweeping bids — On the Agenda are the bids rec'd 5/28/13 for street sweeping services. The 5-yr contract has been renewed annually for two additional years. For comparison purposes, the existing contract (Amerisweeps, bid in 2006) was for $40,500/yr, the low bid at the time. We're recommending award to Clean Sweep & Vac at $24,996.40/yr. • SR 70 (Applebee's) turn lane project — The City finally rec'd (6/6/13) approval of the construction Agreement. I noticed that there is a stipulation that all work has to be done after 8:OOPM and before 6:OOAM. Which could have a negative impact on the bid, but I think the grant estimate is adequate. Attached is the Notice, published 6/12/13, bids to be opened 7/10/13. • 441170 intersection proiect — Atty Cook, DPWks Allen & 1 met w/ FDOT ROW acquisitions rep to discuss the ROW involved and the fact they've met w/ the Hamrick Trust. He presented a spreadsheet reflecting a `cost to cure' various construction related items not previously included in the intersection contract. / was a bit taken back at DDT's approach of moving the `cost to cure' to the City vs assuring that all costs are borne directly by the inevitable contractor. No wonder they were a bit evasive on direct questions on how they intended to replace the Chamber sign, for example... estimated at $18, 000. Other items include `reimbursement' for tree replacement, concrete, electrical, irrigation work, driveway and sod replacement. • SW 11th Street 200-block retention area — finally appears to be getting underway. You may recall it's a CDBG categorized under `disaster relief — 2008' storm event, Tropical Storm Fay, I believe. There's $25, 000 allotted to the dry retention project, administered by the County and it appears the advertising will commence 515113 w/a bid opening date of 614113. Enviro Tech Systems, 2800 S Parrott was the successful bidder on County projects amounting to some 787,000 of which the 11th St project is one of. At first glance it appears to that the City project is less than $10,000, but we need to decipher some of the many line items to determine if any of those were combined and part of the City project. • Park at Taylor creek, SE 7" St — Met w/ Don Fox, on 6/4/13, 9am, to discuss grant possibilities and fund from the Florida Fish & Wildlife (FFW) Conservat'n. A formal application would be required in March 2014, but he mentioned FFW may have some funding avail w/out a formal grant ap, such as trees/other domestic landscape. Attached is a rendition I rec'd from Culpepper & Terpening that also incl a v-ball court that s/b removed. Mr. Fox had some indigestion about the splash park... not from a grant perspective but a const/maint opinion. • Airboat — we've done some work on the engine but it still isn't functioning and the airboat is crucial to spraying the canals. Investigating alternatives End.... Page 5 May 23, 2013 CITY OF OKEECHOBEE IMPACT FEES COMPARISON STUDY Ft. Pierce Impact fees are in place Sebring No impact fees LaBelle Moratorium for past 2 years, up for review next year Clewiston No building impact fee Belle Glade No impact fees Daytona Beach (I called twice and LM, waiting for return call) Indian River Shores (I was referred to Indian River County) Vero Beach (I was referred to Indian River County) Indian River County Impact Fees for 9 categories, 3 of those categories are suspended possible implementation of an 18 month moratorium for all categories to be decided within the next few months St. Lucie County Hendry County Highlands County Impact Fees are in place in all categories Moratorium in place Moratorium in place indefinitely Okeechobee County Impact Fees in place YEARLY PERMIT TOTALS COMPARISON 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 January 45 32 95 69 42 26 35 28 35 24 42 Februa 44 27 125 60 67 43 35 32 30 40 33 March 39 55 97 76 55 32 23 60 52 39 35 April 48 44 117 43 42 41 43 30 36 40 34 May 42 50 87 91 61 29 38 58 55 44 22 June 31 33 106 60 67 47 50 49 40 46 July 54 53 80 60 48 56 36 32 40 52 August 30 55 80 39 52 32 33 31 30 33 Septembe 47 35 76 39 33 39 40 37 36 28 October 48 127 51 41 35 26 45 36 46 48 Novernbet 35 85 53 36 28 21 25 36 39 29 December 17 125 53 24 25 23 36 36 21 18 Total 1 480 721 1020 638 555 415 439 465 460 441 166 1200 1000 800 600 400 200 Building Permits Issued 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 City of Okeechobee Loss of Impact Fee Revenue Analysis July 1, 2012 to May 22, 2013 Month/Year Project Use Police Fire Public Works 3% Admin Fee Total Impact Fee Jul-12 T-Pro Residential $ 356.00 $ 405.00 $ 745.00 $ 45.18 $ 1,551.18 Aug-12 New American Physical T Medical Offic $ 30.00 $ 67.00 $ 125.00 $ 6.66 $ 228.66 Jan-13 Owner Builder Residential $ 356.00 $ 405.00 $ 745.00 $ 45.18 $ 1,551.18 Jan-13 Owner Builder Residential $ 356.00 $ 405.00 $ 745.00 $ 45.18 $ 1,551.18 Totals $ 1,098.00 $ 1,282.00 $ 2,360.00 $ 142.20 $ 4,882.20 5/22/2013 11:30 AMUsers\Brian\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\MSZNE05L\Impact Fees - not recvd 2012 and 2013 Impact Fees Collected as of Sept 30th, 2011 Law Name Admin Fee Enforcement Fire Protection Transportation State Farm $ 105.45 $ 114.00 $ 254.60 $ 475.00 Jersey Mikes $ 139.44 $ 127.40 $ 107.80 $ 72.80 Southeast Milk $ 58.22 $ 64.80 $ 234.00 $ 637.20 Southeast Milk $ 19.40 $ 21.60 $ 78.00 $ 212.40 Park Place (Hampton Im $ 4,126.80 $ 15,330.00 $ 28,220.00 $ 15,045.00 FY 2007/2008 $ 4,449.31 $ 15,657.80 $ 28,894.40 $ 16,442.40 Blaine Ellison $ 195.30 $ 356.00 $ 405.00 $ 745.00 Shoppes on Boardwalk $ 199.80 $ 216.00 $ 482.40 $ 900.00 Smith, Rosa $ 195.30 $ 356.00 $ 405.00 $ 745.00 Shoppes on Boardwalk $ 87.52 $ 798.60 $ 950.40. $ 1,168.20 Shoppes on Boardwalk $ 9.99 $ 45.00 $ 100.50 $ 187.50 New American Physical $ 38.63 $ 174.00 $ 388.60 $ 725.00 FY 2008/2009 $ 726.53 $ 1,945.60 $ 2,731.90 $ 4,470.70 ALF/VNA $ 283.18 $ 754.00 $ 4,368.00 $ 4,317.20 AMSA Holdings $ 109.16 $ 244.00 $ 1,219.70 $ 2,175.00 Shoppes on Boardwalk $ 31.12 $ 114.00 $ 490.20 $ 433.20 Neal Long Duplexes $ 372.00 $ 1,120.00 $ 3,160.00 $ 8,120.00 BOCC-EOC $ 70.60 $ 318.00 $ 710.20 $ 1,325.00 Shoppes on Boardwalk $ 17.16 $ 236.60 $ 200.20 $ 135.20 Walpole Inc. $ 27.03 $ 61.20 $ 238.00 $ 601.80 Big Lake Eye Care $ 53.84 $ 395.00 $ 492.10 $ 907.50 Family Heritage $ 13.32 $ 60.00 $ 134.00 $ 250.00 Loumax Dev-Warehousf $ 56.94 $ 131.40 $ 474.50 $ 1,292.10 FY 2009/2010 $ 1,034.34 $ 3,434.20 $ 11,486.90 $ 19,557.00 United Feed -Warehouse $ 93.60 $ 216.00 $ 780.00 $ 2,124.00 Mossel, Roland $ 111.60 $ 336.00 $ 948.00 $ 2,436.00 KST $ 62.40 $ 144.00 $ 520.00 $ 1,416.00 FY 2010/2011 YTD $ 267.60 $ 696.00 $ 2,248.00 $ 5,976.00 Total each Dept. $ 6,477.79 $ 21,733.60 $ 45,361.20 $ 46,446.10 Grand Total (not including admin fees) $ 113,540.90 ,,;elf I, C, 44!5 15 GASB STATEMENT NO.25 SCHEDULE OF FUNDING PROGRESS Entry Age Actuarial [Actuarial Actuarial Accrued UAALAs % Value Liability Unfunded AAL Funded Covered of Covered Valuation of Assets (AAL) (UAAL) Ratio Payroll Payroll Date a b b-a alb c b-a /c 10/1/12 $7,944,172 $9,058,179 $1,114,007 87.7 % $3,023,756 36.8 % 10/1/11 7,247,383 8,630,615 1,383,232 84.0 3,098,116 44.6 10/1/10 6,964,794 8,229,125 1,264,331 84.6 3,266,478 .38.7 1011109 6,431,001 7,882,255 1,451,254 81.6 3,279,829 44.2 10/1/08 5,998,631 7,128,391 1,129,760 84.2 3,209,747 35.2 10/l/07 5,546,642 6,471,299 924,657 85.7 3,066,152 30.2 10/1/06 4,924,260 5,678,734 754,474 86.7 2,749,183 27.4 1011105 4,370,291 5,024,716 654,425 87.0 2,397,261 27.3 10/1/04 4,025,555 4,688,862 663,307 85.9 2,415,380 27.5 10/1/03 3,927,627 4,313,550 385,923 91.1 2,333,505 16.5 GRS CITY OF OKEECHOBEE, FLORIDA Required Pension Supplementary Information - Schedule of Funding Progress Last Six Fiscal Years Police Officers' Pension Plan Actuarial Unfunded Accrued (Assets in UAAL as a % Actuarial Actuarial Liability excess of) AAL Funded of Covered Valuation Value of AAL (UAAL) Ratio Covered Payroll Date Assets (a) Entry Age (b) (b-a) (a/b) Payroll (c) ((b-a)/c) 2012 $ 6,044,391 $ 6,187,990 $ 143,599 97.68% $ 928,285 15.5% 2011. 5,71.2,560 5,886,480 173,920 97.05% 936,580 18.6% 2010 5,666,207 5,659,633 (6,574) 100.12% 967,957 -0.7% 2009 5,424,146 5,201,828 (222,318) 104.27% 947,296 -23.5% 2008 5,253,380 4,966,790 (286,590) 105.77% 917,647 -31.2% 2007 4,973,343 4,722,755 (250,588) 105.31% 896,164 -28.0% Firefighters' Pension Plan Actuarial Unfunded Accrued (Assets in UAAL as a % Actuarial Actuarial Liability excess of) AAL Funded of Covered Valuation Value of AAL (UAAL) Ratio Covered Payroll Date Assets (a) Entry Age (b) (b-a) (alb) Payroll (c) ((b-a)/c) 2012 $ 2,595,508 $ 2,556,559 $ (38,949) 101.52% $ 429,008 -9.1% 2011 2,428,618 2,318,524 (110,094) 104.75% 457,776 -24.0% 2010 2,417,688 2,215,619 (202,069) 109.12% 438,787 -46.1% 2009 2,330,746 2,104,641 (226,105) 110.74% 456,742 -49.5% 2008 2,255,117 1,898,670 (356,447) 118.77% 461,494 -77.2% 2007 2,123,157 1,705,380 (417,777) 124.50% 450,792 -92.7% * The annual required contribution (ARC) is calculated using the aggregate actuarial cost method. Information in this schedule is calculated using the entry age actuarial cost method as a surrogate for the funding progress of the Plan. PUBLIC NOTICE REQUEST FOR PROPOSALS NO. PW-02-00-06-13 CITY OF OKEECHOBEE LIMITED ROADWAY IMPROVEMENTS TO SR 70 Opening Date and Time: July 10, 2013 at 2:00 p.m. The City of Okeechobee City Council is seeking proposals for limited roadway improvements consisting of turn lanes on SR 70 on behalf of Applebee's Neighborhood Grill & Bar. These improvements are funded through the City's Community Development Block Grant (CDBG) project 12DB-E08. Firms properly registered in the State of Florida are encouraged to submit their proposal for consideration. In order to be considered, bids must be received by the City of Okeechobee, General Services Dept., 55 SE 3rd Avenue, Okeechobee, Florida 34974 by 2:00 p.m., Wednesday, July 10, 2013 at which time all responses to this request will be recorded in the presence of one or more witnesses. Any proposals received after the above noted time and date will not be opened or considered. Bids should be submitted in a separate sealed envelope marked "LIMITED ROADWAY IMPROVEMENTS TO SR 70 BID NO. PW-02-00-06-13" and may be mailed, hand -delivered or express mailed to the address listed above. Facsimile or emailed bids will not be accepted. A MANDATORY pre -bid meeting will be held on Tuesday, June 18, 2013 at 1:00 p.m. in the City of Okeechobee City Council Chambers at 55 SE Td Avenue, Okeechobee, Florida. You must attend this meeting in order to submit a response to this RFP. Please note that bonding requirements apply to this bid opportunity. This solicitation does not commit the City of Okeechobee to award any contracts, to pay any costs incurred in the preparation of a response to this Bid, or to contract for any services. The City reserves the right to reject any or all submittals received as a result of this solicitation, or to cancel in part or in its entirety this Bid, if it is in the best interest of the City to do so. City of Okeechobee is an Equal Opportunity Employer and Drug/Smoke Free Work Place. James E. Kirk, Mayor TO: Mayor Kirk, Council Members and Administrator Whitehall FROM: Lane Gamiotea, City Clerk/Personnel Administrator DATE: June 13, 2013 In addition to our daily routine work, here are items of notable interest: Citizen Boards - •There is a vacancy on the Code Enforcement Board for an Alternate Member. Notice is on the bulletin board, as well as emailed to all citizen board members and OKMS to add to their bi-weekly clip board email. Personnel - •Monthly Accrued Annual, Sick and Personal Leave Reports and notifications distributed to employees. -Processed applications for PW Director Allen to interview for Temporary Part -Time Maintenance Operators. -We have one OHS student working in our office under the Workforce Solutions Work Experience Program. -Created a form for employees to process when returning from extended sick leave or surgery, but not related to Worker's Comp or FMLA Leave (we had these for FMLA & WC leave but not for normal circumstances). Advertisements - from May 20 to June 13: - 8 Legal Notices were/will be published in the Okeechobee News for Ord #1096, #1097, & #1098, 6/18 Council Mtg, 6/11 Code Bd Mtg, 6/20 Planning Board Mtg, & Comp Plan Text Amendments. -2 Classified/Employment notices were published in the Okeechobee News for a Temporary Part -Time Maintenance Operator. • All above items were posted on the City Hall Bulletin Board and web site. In addition the Pension Board 8/5 mtg, and all meetings of Boards/Committees the Mayor and Council serve as liaisons were posted. • There is also a Special Pension Board of Trustees' Meeting (all 3 boards) scheduled for 6/20 at 10 am. The investment firm handling our accounts has issued a letter of resignation. Melisa will be sending a copy of the letter and notice to all General Fund members, the Police and Fire Pension Board Secretaries will be notifying their appropriate members as well. The Grove Community Development District - the annual proposed budget for FY 2013-14 was received as required, please advise if you'd like a copy. Education & Training - - Melisa and I attended the FACC Summer Academy from Sat., June 8 - Wed., June 12. 1 would add that in addition to attending class, in order for us to receive any points we have to submit written short -essay Page 1 of 4 type responses of specific questions on each class, and turn them in before we leave the academy. These are the classes we attended, and possible changes/follow up to be done based on information learned at these classes: Athenian Dialogue: "Leadership the Eleanor Roosevelt Way" required us to read the 12 chapter book written by Robin Gerber prior to the academy, then attend a 6-hour class where we utilized a workbook created by the class facilitator, Mark Abels (former City Manager, current UCF professor) to make correlations between the information in the book and finding resources/tools to help us in being better leaders for our cities. New Trends in Public Records Requests was taught by Bob Guthrie, Dana Crosby & Daniel Mantzaris, Attorneys of deBeaubien, Knight, Simmons, Mantzaris & Neal (this firm is the "City Attorney" for the City of Clermont and St. Cloud). In addition to reviewing the basics of F.S. 119, they reviewed recent cases within surrounding emails, text messages and voice mails, which seem to be the biggest problems as most people do not realize these too are PUBLIC RECORD and have RETENTION PERIODS. The majority of cities (us included) do not have specific detailed polices on these issues with using advance technology. In addition to the records created by technology, the class covered how to help clerks to be ready to shield their cities and avoid being a target for aggressive individuals who use the law as a sword. ■Information Gained & Alarming Issues reviewed: ■There are two brothers who are specifically targeting cities on these issues and filing law suits. ■Elected Officials personal home computers will and have been seized in order to extract all public records from their emails. ■Elected Officials, hired consultants, and employees cell phones will and have been seized to extract all public records from their text messages and voice mails. ■Public records don't have to be granted in hard copy or email, if the person wants to take a picture of the public records using their smart phone they are now allowed to but have to be permitted to do so in a separate room, and the city can charge for the use of the room. ■lf you lease or rent city owned buildings/property/facilities, that organization is now subject to the open public records law - an Attorney General Opinion has just been requested to clarify this issue. (Clermont has it built into their lease agreements that if you lease/rent any building you understand that you are now subject to the open records law and should a request be made they have to produce that record to the clerks office). ■Anything shown at a public meeting is a public record that is in any manner relevant to the topic of discussion, the City is required to retain it - including boards and committees (even if it is a preliminary document, a draft or unfinished version of a picture, drawing, etc, a huge sign a business wanted to show off, even if its `the only one we have', if it is held up at the podium or passed around, it now belongs to the City for public record). -Mixing city and personal business on devices is very dangerous, you can and will loose all privacy. ■What needs to be done: ■Compare our current records management and copies policy with the City of Clermont and Orlando (both recently won court battles), draft a new policy for the Attorney Cook to review, forward to Council for consideration to adopt and implement. Educate employees on what to do and how to handle records requests, as those "targeting" city's are purposely going to other city buildings or even stopping employees out in the field to request a particular public record, or asking the employee offering the public record their opinion or interpretation of the record. ■The City needs to decide whether to have separate 'City only' devices for emails, text messages or voice mails. Leon and Manatee County's recently adopted policies that all county business has to be conducted through county issued devices (computers/ipads/cell phones) and county accounts for email, etc, if they use their personal device to receive any county business they are on their own to legally defend themselves. We are currently waiting on the case law regarding how Page 2 of 4 protected you are by receiving city/county business on your personal device and then forwarding it to your city/county device/account. ■The City should consider adding language to the Agenda Item Request forms and all Agendas (including citizen boards) warning/advising that if you show something, pass it around, etc, it must be left with the city clerk/board secretary and is now a public record. Body Language was taught by Trina Pulliam of Trainnovations, Inc., on the magic of communicating without speaking by sending messages using body posture, gestures, facial expressions and eye movements. The purpose of the class was to identify our own unconscious gestures that are aggressive behaviors, learn the meaning of and use other behaviors to be better and effective communicators. Records Preservation was taught by Dennis Curran of Kofile Preservation and JoAnn Constantini of Constantini & Associates on the best practices and approaches for preserving historical documents, and reproducing them for public records. Analog verses digital of various media forms, shredding documents, storage environments for long and short term, and the development of new media forms. Researching the F.S. & Legislative Update was taught by Attorney Christy Goddeau of the Law Office of Glen Torcivia and FLC Legislative Director Scott Dudley reviewed changes in interpretations of existing F.S., and new F.S. ■What needs to be done & Insights Gained: ■If the City Attorney is not required to review the entire chapter 166 then each department head should be doing so, this is the chapter where the legislature puts things that they have no idea where else to put it. ■Elected Officials cannot serve on a political committee. ■S.B. 50 passed which will completely change bidding and negotiation procedures (the City will need to compare the current adopted procedures and code for conflicts). ■Defined Benefit Retirement Plans now have to send in financial report information to the State. ■Changes were made to mortgage foreclosures and lien laws (this might assist in resolving Code Enforcement issues). ■Major changes to Alarm System Contractors (this might require changes to our building permits). ■The Public Testimony law that passed requires local gov't to provide the public an opportunity to be heard, the final version allows exemptions listed for certain emergency situations and when acting in quasi-judicial capacity; the public comment does not have to be held at the same meeting when the action is taken, there will be more on this topic as case law and interpretation arise. The irony noted was that the "public testimony law" was adopted "without taking any public testimony." ■Employee benefits law final version created an 11-member task force to review the impact of the State's preemption of these changes. However, the local government will not have a representative on this committee. ■SB 1106 passed which preempts local governments from adopting any ordinance, regulation or rule or policy that restricts or otherwise limits agri-tourism activity on land classified as agricultural. (This may affect how we move forward with changes to our LDR's and comp plan with Holding zoning and agriculture uses.) ■Finance Directors are to now complete a Financial Disclosure Form 1. ■There is now a grace period to amend financial forms. ■Prohibits gifts over $100 from a vendor doing business with the City. ■Ethics complaints against a candidate now have to be filed 30 days prior to the election (it used to be 5 days) for investigation to begin. -Neither an Elected Official nor Candidate can accept public employment if they know the position is being offered to gain influence or give an advantage based on office/candidacy. ■Early vote now has to begin 10 days prior and end 3 days prior to the election, SOE's can extend it from the 15t'' to 11t'' day before and end 2"d day prior to election. ■Early voting sites are required to be open a minimum of 8 hours and maximum of 12 hours per day. ■Campaign Treasurer Reports. The law now requires 15 reports (from the current 9). However, the Division of Elections offered Opinion #98-03 in that if a City that has by ordinance/charter adopted the FL Election Code and does not have a primary election, they can stay with the current 9 reporting dates. (I will verify our code meets this requirement). ■Changes where made to SOE deadlines, dates of primary's and deadlines for ballots being submitted to the State for approval. Once Mrs. Hagan has returned from her annual conference (held this week) we'll be reviewing the City's Page 3 of 4 qualifying and election time line. I believe we will be having to move ours up to either early August or late July to meet the new requirements. Parliamentary Procedures was taught by Professional Registered Parliamentarian Patricia McDougle as an interactive class where the participants had to work through different scenarios during meetings to figure out the correct parliamentarian procedure of handling the situation. Employment and Labor Law was taught by Attorney Lara Donlon of the Law Office of Glen Torcivia reviewed best practices for personnel records and HR records as they relate to the State records retention and destruction policy, and the variables that temporary and/or part-time employees bring to the equation. EEOC, FMLA, ADA, ADEA, GINA, FLSA, & Employee litigation highlights and best practices. ■What needs to be done & Insights gained: ■The City's Employee Personnel Policy & Procedures needs a complete overhaul. Happiness at Work was taught by Dr. Tippy Amick of the Florida Institute of Government to give us effective strategies and simple tips to manage the stresses and setbacks we encounter and focus on healthy paths to happiness, even when feeling our most overwhelmed. Planning & Zoning Items - - Assisted in reviewing the comprehensive plan text amendment information going to the Planning Board from Mr. Brisson for the June meeting • Happy Birthday's wishes being sent to: Name Month/Date Department Lt. Hagan 6/25 Police Chief Davis 7/6 Police Mitch Brydebell 7/18 Fire • Happy Anniversary wishes being sent to: Names No. Yrs - Month/Date Ted & Jean Denisk 29 - 6/23 The Newells 29 - 6/28 Brian & Diane Whitehall 38 - 6/28 Adam & Wendy Crum 5 - 6/28 Marvin & Camela Roberts 13 - 7/1 Donald & Jeannie Hagan 13 - 7/1 India & Bob Riedel 30 - 7/16 Dates to Note - 0 Jun 11: Code Board Meeting 4 Jun 18: City Council Meeting 4 Jun 20 @ 6 pm: Planning Board Meeting (D Jun 24-Jul 9: Melisa out of the office Name Phil Conroy Jack Boon Department CEB Building Official Administration Fire Public Works Police Finance Month/Date Department 6/27 Police 7/15 Police 4 Jun 16: Fathers Day 4 Jun 20 @ 10 am: Special Pension Mtgs 4 Jul 4: Holiday City Hall closed Pending Items & Projects on the Horizon - ew Creating a Committee to review the applications for the recipient of the Paragon Award. uw Revising/Updating the Citizen Board Handbook. uw Upgrading the City's web site provider to be able to utilize the Laser Fiche web portal for records management, allowing citizens to view public records from their computers. Page 4 of 4 • t I s Y di V i w M — SAND TRAIL FOR 41111' i 0.'*'" �,"" '4 i °r ; �► I SIGNAGE "+ - •11* —CAR PULL- OFF AREA 3 'ri4, V �„ ~ �. : : = $"CKEE" P , • i . . • . " -OPEN GRASS LAWN = ' T, w row ri '.E..`'.. .- STREET — PAVILION , `' .M . i I ' 4:' w — -� ' J jL.'.. IL 1, U — FLOATING DOCKS IP 11 r ct 01 ,,.i r }� to — BATHROOMS & STORA.GE �� �*a — PLAYGROUND 1111ill , V.,. - , #, . 1 —'`SPLASH PLAY'' AREA ,w. 'f — PERGOLA �, -_ x ' ) A � r �,�,- a� °,, M„ — BIOSWALE ■ . »4 1111* I s FINGER CA A L N i i. ., y It I. Taylor Creek Park DESIGN Scale: = so, _,/ ` " ''' 1 %.' Concept Plan Date: 6-12-13 I F M D S C♦! f i o C M,I E C i U ll t CITY OF OKEECHOBEE, PUBLIC WORKS To: Brian Whitehall, City Administrator From: David Allen, Public Works Director Date: 6/13/2013 Re: Public Works Activity Report In addition to the normal ongoing nativities such as mowing, reviewing business tax receipts and other normal projects, the Public Works Department has completed the following: • Drainage Issues. t�, In response to a storm event on May 1st which caused some minor flooding in the vicinity of South park street and SW 6th Avenue. To mitigate future problems in the area, two projects were completed. The first was to replace an existing culvert on the West side of SW 6th Avenue that was crushed and restricting flow from the area. As seen in the picture to the left, the water was approximately hub cap deep in some of the areas just to the South of South Park Street. An additional project was completed on the South East corner of the above mentioned intersection to alleviate problems associated with similar rain events for the business on that corner. The issues were the result of having an undersized drain channel between the sidewalk and curb which caused water to pool on the north and east side which caused flooding issues near the entrance to the business. As seen in the photo to the left, a new concrete channel with approximately twice the drainage capacity was poured along with a new metal cover to allow safe pedestrian passage over the drain. In response to ongoing drainage concerns along the North side of South Park between SW 10th and 11th Avenue, a new culvert was installed under SW 11th Avenue on the North side of the intersection. This new culvert gives water a second path to move to the West and South F pw, of the intersection. 4 • Other Storm response As a result of a wind storm, a large tree was blown down on the north side of SW 6th street between SW 2"d and 3`d Avenues. The tree was very old and had suffered significant decay in the trunk and a large amount of concrete had previously been placed in the trunk to try to stabilize the tree. The tree was located on both public right of way as well as the adjoining lot. The owner of the lot contracted with a tree service to remove the tree and the Public Works department removed the tree stump because of it's impact on the adjacent sidewalk as well as removing the large concrete block from the stump. Additionally, Public works utilized a backhoe to help to the tree removal company safely push a large segment of the tree that had become lodged several feet above the ground during the cutting process. In addition to the stump removal effort, Public works also repaired the section of sidewalk damaged by the removal of the tree along with additional areas of the adjoining sidewalk that were in need of repair. E , 4, • Sidewalk repair and maintenance Handicap Access ramps were replaced on Six corners along the North side of South Park Street to allow improved handicap access. • Street Light Maintenance Public Works staff contracted with a local electrical contractor to perform maintenance on the �r t 6- street lights on Park and Parrot streets. The contractor was necessary due to the height of the lights which is beyond the reach of the Public Works lift truck. In addition to changing multiple light bulbs in the light heads, a potentially hazardous problem was identified and repaired by the electrical contractor. Fortunately the problem was identified during the maintenance process. As shown in the pictures above, a short in the base of the one of the light poles was an accident waiting to happen. When the electrician went to remove the access cover, an electrical arc was created which could have caused serious harm or possibly death to an untrained person. • Street Repair and Maintenance A small sink hole located just to the west of the boat ramp on SE 4th Street is currently under repair. The hoe shown below was the result of water slowly infiltrating into the adjacent manhole which caused erosion of the underlying surface. The surfaces of the wall inside the manhole have been sealed and the hole has been filled. Final parching of the hole will occur as soon as we are certain that the leak has been stopped. Y . i RS .°m"n"rr�cri:v.�opw '.,vMA MINI 1 ]]66 777,77� air! oanwua f,atur�a �W ww � � � � r E �vs SfNCi l OB f PRA�� A i s e+ ?�iL`µ��Y '��Cz"y�.,�`� .trV�t" t�.M1.'til(���ii�r{'U'ser • � .. a4 y.�r-<#� Yt`�.,x�4Sirt�^�kLF� };+i•�� �iaj_���;�j�: