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2014-04-01212 CITY OF OKEECHOBEE APRIL 1, 2014 REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION AGENDA I. CALL TO ORDER - Mayor. April 1, 2014, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. 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. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of April 2014 as "Water Conservation Month." PAGE 1OF11 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the April 1, 2014, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by the Very Reverend Father Edward Weiss, of the Church of Our Saviour; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Absent Present Present Present Present Present Mr. Gary Ritter, Intergovernmental and Outreach Representative for South Florida Water Management District (SFWMD) received the Water Conservation Month Proclamation presented by Mayor Kirk, and read into the record as follows: "WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, the State of Florida, Water Management Districts and the City of Okeechobee are working together to increase awareness about the importance of water conservation; and WHEREAS, April, typically a dry month when water demands are highest, is annually designated as Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and WHEREAS, the City of Okeechobee encourages and supports water conservation, through various educational programs and special events; and (continued) AGENDA IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim the month of April 2014 as "Water Conservation Month" continued. B. Proclaim the month of April 2014 as "Fair Housing Month." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 18, 2014, Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. APRIL 1, 2014 - REGULAR MEETING - PAGE 2 OF 11 213 COUNCIL ACTION - DISCUSSION - VOTE WHEREAS, every business, industry, school and citizen can make a difference and help by efficiently using water, thus promoting a healthy economy and community. 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 month of April 2014 as "WATER CONSERVATION MONTH" in the City of Okeechobee." Mutual gratitude was expressed between Mr. Ritter and Administrator Whitehall for each of their entities supporting the other on recent endeavors surrounding water quality improvements. On behalf of the City, Mayor Kirk read into the record, the following proclamation as follows: "WHEREAS, April 11, 2014 marks the 46' anniversary of the passage of the U.S. Fair Housing Law, Title VIII of the Civil Rights Act of 1968, as amended, which enunciates a national policy of Fair Housing without regard to race, color, creed, national origin, sex, familial status, and handicap, and encourages fair housing opportunities for all citizens; and WHEREAS, the City of Okeechobee is committed to highlight the Fair Housing Law, Title Vlll of the Civil Rights Act of 1968, by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities, and to plan partnership efforts with other organizations to help assure every American of their right to fair housing. 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 month of April 2014 as "FAIR HOUSING MONTH'; and urges all citizens to celebrate Fair Housing throughout the year." Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the March 18, 2014, Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - 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 added. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:11 P.M. 214 AGENDA VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. a) Motion to read by title only, proposed Ordinance No. 1109, regarding Comprehensive Plan Small Scale Future Land Use Map Amendment, Application No. 14- 001 -SSA, to reclassify a 2.565 acre unplatted parcel, from Single Family Residential to Commercial, located at East North Park Street and Southeast 10th Avenue, submitted by property owner(s) CSW 13, LLC. Planning Board recommends approval - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1109 by title only. 2. a) Motion to adopt proposed Ordinance No. 1109. b) Public comments and discussion. APRIL 1, 2014 - REGULAR MEETING - PAGE 3 OF 11 COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford moved to read by title only, proposed Ordinance No. 1109, regarding Comprehensive Plan Small Scale Future Land Use Map Amendment, Application No. 14- 001 -SSA, to reclassify a 2.565 acre unplatted parcel, from Single Family Residential to Commercial, located at East North Park Street and Southeast 10`h Avenue, submitted by property owner(s) CSW 13, LLC; seconded by Council Member O'Connor. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. In the absence of Attorney Cook, Council Member Watford read proposed Ordinance No. 1109, by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member O'Connor moved to adopt proposed Ordinance No. 1109; seconded by Council Member Williams. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Mayor Kirk asked whether there were any comments or questions from the Public. There were none. The floor was yielded to City Planning Consultant, Mr. Bill Brisson of LaRue Planning and Management Services, 1375 Jackson Street, Suite 206, Fort Myers, Florida, to review Application No. 14- 001 -SSA, submitted by Attorney Sneider of the Law Office of Glenn J. Sneider, L.C., located at 200 Southwest 9th Street, Okeechobee, on behalf of Mr. Carrol Word, Registered Agent, for CSW 13, LLC, of 1080 Southeast 23rd Street, Okeechobee. The property was purchased in December of last year. It was occupied as a Mobile Home Park for many years. Mr. Word is in the process of relocating some of the mobile home units, most do not meet requirements due to their age, and are having to be demolished. AGENDA VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion for Ordinance No. 1109, (No. 14- 001 -SSA), continued. APRIL 1, 2014 - REGULAR MEETING - PAGE 4 OF 11 21 5 COUNCIL ACTION - DISCUSSION - VOTE According to the application, the owner envisions to develop the property for commercial uses such as a mix of retail and a restaurant. Additionally, the Council will be considering a concurrent Rezoning Petition No. 14- 001 -R, for Heavy Commercial. Attorney Sneider and Mr. Word were present to respond to questions. Mr. Brisson's recommendation for approval, as well as the Planning Board's unanimous recommendation of approval, are based on the findings within the Planning Staff Report: Due to the requested Commercial land use classification, and the property being located along East North Park Street (State Road 70), which falls within the area that is considered part of the City's commercial corridor, the application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the Future Land Use Element. Additionally, it is found to be consistent with State and Regional Policy Plans as it is a proposed use on previously developed urban land. The applicant addressed adequacy of public facilities. A letter was provided from the Okeechobee Utility Authority (OUA) to confirm potable water and wastewater could be provided for a commercial development. Based on the approved traffic analysis for nearby commercial development, it appears the level of traffic generated by the proposed development will have a minimal impact on North Park Street and Parrott Avenue (U.S. Highway 441). Both roadways are operating at a level of service "F" which is the lowest level rating, their adopted level of service standard is a "C." However, Planner Brisson noted in the findings that the applicant will need to provide a traffic impact analysis at the time of site plan review. The analysis will need to include the impact to Southeast 10th Avenue in addition to the State and Federal roadways. The results of this analysis may limit the intensity of the commercial development for this property. Regarding solid waste, the County recently confirmed a considerable level of excess capacity to serve the solid waste disposal needs in the City. The proposed development will be required to address, during site plan review, that it meets all drainage standards required by the City and SFWMD. The property contains no environmentally sensitive areas or other physical attributes that would limit development. The application is found to be compatible with adjacent and nearby land uses which are, to the North (across Park Street) the existing use is vacant, with a Commercial Future Land Use, and Heavy Commercial zoning. The existing use to the East is the Post Office, with a Commercial Future Land Use, and a zoning of Heavy Commercial and Residential Multiple Family. To the South is a mobile home park with approximately 20 units, with a Single - Family Residential Future Land Use, and Residential Mobile Home Zoning. Finally, to the West is a retail shopping center, with a Future Land Use of Commercial and Heavy Commercial zoning. 216 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion for Ordinance No. 1109, (No. 14- 001 -SSA), continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. APRIL 1, 2014 - REGULAR MEETING - PAGE 5 OF 11 COUNCIL ACTION - DISCUSSION - VOTE The full Legal Description for the unplatted parcel is: A parcel of land lying in and comprising a part of Government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right -of -way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; Thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest corner of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street); thence run North along said West right -of -way for a distance of 315 feet, more or less, to the Point of Beginning. Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, Florida. Council Member Watford asked for clarification as to the procedure for Small Scale Amendments require one reading before the Council, and then to be forwarded to the State for approval. Mr. Brisson responded, yes. Council Member Watford also asked whether there were any entrances or curb cuts along North Park Street for this property. Mr. Brisson replied, yes, there is one at this time, and the Department of Transportation will regulate, whether it can remain when re- developed. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:17 P.M. O'CONNOR - YEA MOTION CARRIED. i 1 AGENDA VIII. NEW BUSINESS. A. 1. a) Motion to read by title only, and set April 15, 2014, as a final public hearing date for proposed Ordinance No. 1110, regarding Rezoning Petition No. 14- 001 -R, submitted by property owner(s) CSW 13, LLC, to rezone a 2.565 acre unplatted parcel, located at East North Park Street and Southeast 10th Avenue, from Residential Mobile Home to Heavy Commercial - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only, and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1110, by title only. 2. a) Motion to approve first reading of proposed Ordinance No. 1110. b) Discussion. APRIL 1, 2014 - REGULAR MEETING - PAGE 6 OF 11 217 COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford moved to read by title only, and set April 15, 2014, as a final public hearing date for proposed Ordinance No. 1110, regarding Rezoning Petition No. 14- 001 -R, submitted by property owner(s) CSW 13, LLC, to rezone a 2.565 acre unplatted parcel, located at East North Park Street and Southeast 10th Avenue, from Residential Mobile Home to Heavy Commercial; seconded by Council Member O'Connor. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. In the absence of Attorney Cook, Council Member Watford read proposed Ordinance No. 1110, by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME TO HEAVY COMMERCIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE" Council Member O'Connor moved to approve first reading of proposed Ordinance No. 1110; seconded by Council Member Williams. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Mr. Brisson reviewed Rezoning Petition No. 14- 001 -R, submitted by Attorney Sneider of the Law Office of Glenn J. Sneider, L.C., located at 200 Southwest 9th Street, Okeechobee, on behalf of Mr. Carrot Word, Registered Agent, for CSW 13, LLC, 1080 Southeast 23rd Street, both were in attendance. This petition is for the same property previously considered during the Public Hearing, Comprehensive Plan Amendment Application No. 14- 001 -SSA. Mr. Brisson is recommending approval, as well as a unanimous recommendation of approval by the Planning Board, based on the findings within the Planning Staff Report: The proposed rezoning would be consistent with the Comprehensive Plan, with the adoption of Application No. 14- 001 -SSA. 218 AGENDA VIII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued for Ordinance No. 1110, (No. 14- 001 -R). APRIL 1, 2014 - REGULAR MEETING - PAGE 7 OF 11 COUNCIL ACTION - DISCUSSION - VOTE The proposed use is specifically authorized under the zoning district, and will not have an adverse effect on the public interest as the surrounding uses are commercial in nature. The proposed use is appropriate for the location, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. To the North (across Park Street) the existing use is vacant, with a Commercial Future Land Use, and Heavy Commercial zoning. The existing use to the East is the Post Office, with a Commercial Future Land Use, and a zoning of Heavy Commercial and Residential Multiple Family. To the South is a mobile home park with approximately 20 units, with a Single - Family Residential Future Land Use, and Residential Mobile Home Zoning. Finally, to the West is a retail shopping center, with a Future Land Use of Commercial and Heavy Commercial zoning. 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 replacement of a nonconforming mobile home park will act to improve the likelihood that property values will be beneficially affected and improve the potential of redevelopment of adjacent properties. In regards to the proposed use being able to be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood, need will be determined and addressed during site plan review. Preliminary, it would appear that the only area likely to require buffering would be the mobile home park to the South. The proposed commercial uses should not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Noting however there are several issues that will have to be adequately addressed during site plan review. A letter was provided from the OUA to confirm potable water and wastewater could be provided for a commercial development. Based on the approved traffic analysis for nearby commercial development, it appears the level of traffic generated by the proposed development will have a minimal impact on North Park Street and Parrott Avenue (U.S. Highway 441). Both are presently operating at a level of service "F" which is the lowest level rating, their adopted level of service standard is a "C." However, Planner Brisson noted in the findings that the applicant will need to provide a traffic impact analysis at the time of site plan review. The analysis will need to include the impact to Southeast 10th Avenue in addition to the State and Federal roadways. The results of this analysis may limit the intensity of the commercial development for this property. Regarding solid waste, the County recently confirmed a considerable level of excess capacity to serve the solid waste disposal needs in the City. The proposed development will be required to address, during site plan review, that it meets all drainage standards required by the City and SFWMD. The proposed use has not been inordinately burdened by unnecessary restrictions. i 1 VIII. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued for Ordinance No. 1110, (No. 14- 001 -R). c) Vote on motion. C. Report regarding Public Protection Classification Ratings submitted by Insurance Services Office (ISO) - Chief Smith. APRIL 1, 2014 - REGULAR MEETING - PAGE 8 OF 11 219 COUNCIL ACTION - DISCUSSION - VOTE The full Legal Description for the unplatted parcel is: A parcel of land lying in and comprising a part of Government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right -of -way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; Thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest corner of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street); thence run North along said West right -of -way for a distance of 315 feet, more or less, to the Point of Beginning. Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, Florida. Council Member Maxwell commented he would prefer to have something more definite such as a preliminary site plan, or prospective commercial tenants to review. He supports the request as it will most likely upgrade the area that has become somewhat of a blight. The Council and Mr. Brisson conveyed their confidence in the Technical Review Committee to appropriately address all regulations during the site plan review and enforce compliance. There were no comments from the public. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Fire Chief Smith distributed copies of a Summary Analysis of the Public Protection Classification Program Survey (PPC) conducted by the Insurance Service Office (ISO), on July 1, 2013, and enthusiastically announced that on June 1, 2014, the City's PPC will be upgraded to a Class /Level 3 rating from a Class /Level 4. The ISO is the leading supplier of data and analytics for the property and casualty insurance industry. The rating plays an important role for insurance companies to use for marketing, underwriting, and establish fair premiums for homeowners and commercial fire insurance. Generally, communities with a substantially low rating, are offered lower premiums. The PPC also provides fire department's with a valuable benchmark tool for planning, budgeting and justifying fire protection improvements. 220 AGENDA VIII. NEW BUSINESS CONTINUED. C. Report regarding Public Protection Classification Ratings submitted by Insurance Services Office (ISO) continued. APRIL 1, 2014 - REGULAR MEETING - PAGE 9 OF 11 COUNCIL ACTION - DISCUSSION - VOTE A collective team effort between the City and the OUA resulted in the improved ranking to a Class /Level 3 (scores from 70.00 to 79.99). The City's final score of 71 points, was configured on a 100 -point scale. The rating is assigned to a community upon analyzing data using uniform criteria developed by the National Fire Protection Association and the American Water Works Association. The areas analyzed by ISO field representatives, the City's points earned, followed by total points allowed are: Emergency Communication: 10 percent of the overall score is based on how well the communications center receives and dispatches fire alarms. Specifically reviewed were communications facilities provided for the general public to report structure fires, Enhanced 911 telephone service including wireless, computer -aided dispatch facilities (CAD), alarm receipt and processing at the communication center, training and certification of City Dispatchers and facilities used to dispatch fire department companies to reported structure fires (dispatch area of Police Department). Emergency Reporting: 2.40/3 points, Telecommunicators: 4/4 points, Dispatch Circuits: 1.57/3 points, for a total of 7.97 out of 10 points. Fire Department: 50 percent of the overall score is based upon the department's structure fire suppression system, staffing, training, geographic distribution of fire companies, operations, and community risk reduction. Engine Companies: 4.76/6 points, Reserve Pumpers: 0.41/0.50 points, Pump Capacity: 3/3 points, Ladder /Service Companies: 3.55/4 points, Reserve Ladder /Serve Trucks: 0/0.50 points, Deployment Analysis: 7.79/10 points, Company Personnel: 4.83/15 points, Training: 2.46/9 points, Operational Consideration: 2/2 points, for a total of 28.80 out of 50 points. Water Supply System: 40 percent of the overall score is based on the adequacy of the water supply system, alternate water supply operations, and ability to distribute water to meet the needed fire flows at selected locations of up to 3500 gallons per minute. Supply System: 27.60/30 points, Hydrants (size /type /installation): 3/3 points, Inspection and Flow Testing: 6.40/7 points, for a total of 37 out of 40 points. The Divergence Factor, which recognized disparity between the effectiveness of the fire department and the water supply is -6.98 points. The Community risk reduction scored 4.21 out of 5.50 points and covers Fire prevention and Code Enforcement: 1.61/2.2 points, Public Fire Safety Education: 1.83/2.2 points, and Fire Investigation Programs: 0.77/1.1 points. Chief Smith elaborated that his department received two other ISO evaluations over the past 20 years. In 2003 the rating was at a Class /Level 4, with the knowledge that it was close to being lowered to a Class /Level 5, one main factor being the amount of quick growth and development in the community, with the department personnel and equipment AGENDA VIII. NEW BUSINESS CONTINUED. C. Report regarding Public Protection Classification Ratings submitted by Insurance Services Office (ISO) continued. ITEM ADDED: D. Consider an increase from the estimated cost of $72,112.00 to the bid award of $110,208.54, for 12 Patterned Crosswalks within the Florida Department of Transportation (FDOT) State Road 70 /Highway 441 Improvements Project, Resolution No. 2013 -12 - Administrator (Exhibit 3). APRIL 1, 2014 - REGULAR MEETING - PAGE 10 OF 11 221 COUNCIL ACTION - DISCUSSION - VOTE (Continued from page 9) remaining status quo. The previous evaluation to that was completed in the mid 1990's, with the City barely receiving a Class /Level 4 rating. Mayor Kirk and the Council commended Chief Smith and his staff on their efforts. He added that his department has been diligent in meeting many of the requirements set by the ISO for specific areas such as testing of fire hose; testing maintenance and replacement of equipment; and testing and scheduled maintenance of engines. He was proud of the improvements and progress, such as: the City being awarded the Ladder Truck Grant, better response times, upgrades to the Dispatch CAD system, and the improved water services from the OUA. In response to Council Member O'Connor's question, as to whether he could send a copy of the report to his insurance company, Chief Smith responded yes, and it would be in the best interest of all citizens to do the same. There was no official action necessary for this item. Administrator Whitehall began by explaining he was notified via email on March 31, 2014, by the Florida Department of Transportation (FDOT) that they awarded the State Road 70/441 Improvements /Widening Project to Ranger Construction. Included within the full project scope are the twelve Patterned Crosswalks, with the amount increasing to $110,208.54 (or $159.72 per square yard). This is $38,000.00 more than the original estimate of $104.51 per square yard (or $72,112.00 based on 690 square yards). FDOT is requesting the difference be deposited in the escrow account before April 7, 2014. Direction on how to proceed is being requested. Administrator Whitehall asked FDOT whether the line item for the crosswalks could be rebid separately, to possibly reduce the cost. Further stating that the City's interest, as the entity responsible for the cost, was not represented due to the bidding methods. FDOT responded that it could not be separated out and rebid. The only accommodations they could make would be to revise the limits of the work to reduce the cost, or remove it entirely. In an effort to provide the Council with budgetary information, Administrator Whitehall presented information from Finance which shows the Public Facilities Improvement Fund Summary with Proposed Revenues of $641,551.00, Expenditures of $675,500.00, and Transfer to General Fund of $398,000.00, with an outline of items and bids not purchased or bid out to date. No portion of the crosswalk project is included within this budget. He recommended that should the Council decide to continue with this project, that the funds from reserves in the Capital Improvements Project Fund be utilized. A mid -year budget amendment is planned for May. Council discussed at length their concern by FDOT's handling of the project, how it has exceeded their threshold, and that their disappointment is justifiable when reflecting to the beginning, as pointed out by Council Member Maxwell, the crosswalks were originally promised at no expense to the City. FDOT then changed their policy, without notification, requiring local governments to pay for aesthetic enhancements. 222 AGENDA VIII. NEW BUSINESS CONTINUED. ITEM ADDED: D. Consider an increase from the estimated cost of $72,112.00 to the bid award of $110,208.54, for 12 Patterned Crosswalks within the Florida Department of Transportation (FDOT) State Road 70 /Highway 441 Improvements Project, Resolution No. 2013 -12 continued. IX. 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 the sole purpose of backup for official record the Clerk. ATTEST: . James E. Kirk, Mayor Lane Gamiotea, CMC, - ity Clerk APRIL 1, 2014 - REGULAR MEETING - PAGE 11 OF 11 COUNCIL ACTION - DISCUSSION - VOTE The scope of the project was greatly decreased. When the original plans are compared to current ones, it can be documented to show significant differences. The Council adopted Resolution No. 2013 -10 (October 1, 2013) as requested by FDOT, agreeing to pay $68,036.00 for the crosswalks. Then, presented with another request by FDOT, to adopt Resolution No. 2013 -12 (action taken on November 5, 2013), increasing the amount to $72,112.00, as the crosswalk at West North Park Street and Northwest 2' Avenue was excluded from the first request, and added a requirement that the City deposit the funds in an escrow account. Now, they are requesting a 50 percent increase. The position FDOT has taken is simply not reasonable, nor one that any government entity can tolerate as a policy standpoint. The City should be able to express a desire for improvements and be granted a workable mechanism at a price certain, or at the least have some control over the bidding methods. Council Members Watford and Williams, suggested the project be deleted and request the funds be returned. However, upon further discussion, the consensus of the Council was to notify FDOT that the funds within escrow are all that are available for the project, and the City has high expectations that FDOT and the contractor can negotiate within that cost to complete the project. Further, discussed and agreed upon, as recommended by Council Member Watford, that a letter be sent to the Legislative Delegation Representatives, Senator Denise Grimsley and Florida House Representative Cary Pigman, outlining the situation, the flawed policies and procedures from FDOT, and how the City has been treated unfairly. Council Member Maxwell will assist Administrator Whitehall with writing the letter, since he has been involved with the project from the onset. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 7:12 p.m. The next regular scheduled meeting is April 15, 2014. EPENDENT_ NEWSPAPERS OKEECHOBEE NEWS 10)S.N NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, Ft 34974 J J 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 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 advertisementi'or publication in the said newspaper. Tom Byrd Sworn to and subscribed before me this day of Notary Public, State of Florida at Large AD ANGIE BRIDGES MY COMMISSION # EE 177653 Ail Bonded Thiru Notary pr Notary (863) 763-3134 PUBLIC NOTICE: CITY COUNCIL MEETING NOTICE I5 HEREBY GIVEN that the City Council for the City of Okeecho- bee, will meet in Regular Session on Tuesday, April 1, 2014, 6:00 p.m., or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend. Con- tact Oty Administration at 863- 763 -3372, or website 0 0 fnke dgbee com. to obtain a copy of the agenda. ANY PERSON DECIDING TO APPEAL any derision made by the City' Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record Includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863 -763 -3372: BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. By: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk 464403 ON 3/28/2014 CITY OF OKEECHOBEE APRIL 1, 2014 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA I. CALL TO ORDER - MAYOR: II. OPENING CEREMONIES: April 1, 2014, City Council Regular Meeting, 6:00 p.m. Invocation given by Rev. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of April 2014 as "Water Conservation Month." B. Proclaim the month of April 2014 as "Fair Housing Month." April 1, 2014 PAGE 2 of 3 V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the March 18, 2014 Regular Meeting. VI. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only and adopt proposed Ordinance No. 1109 regarding Comprehensive Plan Small Scale Future Land Use Map Amendment, Application No. 14-001-SSA, to reclassify a 2.565 acre unplatted parcel, from Single Family Residential to Commercial, located at East North Park Street and Southeast 10'h Avenue, submitted by property owner(s) CSW 13, LLC. Planning Board recommends approval - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1109 by title only. B.2.a) Motion to adopt proposed Ordinance No. 1109. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. A.1.a) Motion to read by title only and set April 15, 2014 as a final public hearing date for proposed Ordinance No. 1110 regarding Rezoning Petition No. 14- 001 -R, submitted by property owner(s) CSW 13, LLC to rezone a 2.565 acre unplatted parcel, located at East North Park Street and Southeast 10'h Avenue, from Residential Mobile Home to Heavy Commercial - City Planning Consultant (Exhibit 2). April 1, 2014 PAGE 3 of 3 VIII. NEW BUSINESS CONTINUED. A.1.b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1110 by title only. B.2.a) Motion to approve first reading of proposed Ordinance No. 1110. b) Discussion. c) Vote on motion. C. Report regarding Public Protection Classification Ratings submitted by Insurance Services Office (ISO) - Chief Smith IX. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure 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 tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. City of Okeechobee - April 1, 2014 - Regular City Council Meeting 55 SE 3`d Avenue * Council Chambers * Okeechobee, FL 34974 I. CALL TO ORDER - MAYOR: Kirk, April 1, 2014, City Council Regular Meeting, at 6:00 p.m. II. OPENING CEREMONIES: Invocation given by the Very Reverend Father Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor Kirk, III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Present - Absent Mayor James E. Kirk;/ Council Member Devin Maxwell ✓ Council Member Mike O'Connor✓ Council Member Dowling R. Watford, Jr. Council Member Clayton Williams/' City Administrator Brian Whitehall ✓ City Attorney John R. Cook d,- �'� City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner ✓ Police Chief Denny Davis Fire Chief Herb Smith ✓ Public Works Director David Allen IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of April 2014 as "Water Conservation Month." Mayor Kirk presented a Proclamation to Mr. Gary Ritter, of South Florida Water Management District, declaring April 2014 as Water Conservation Month, and rea sa follows: "WHEREAS, water is a basic and essential need — of every living creature; and WHEREAS, the State of Florida, Water Management Districts and the City of Okeechobee are working together to increase awareness about the importance of water conservation; and WHEREAS, April, typically a dry month when water demands are highest, is annually designated as Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and WHEREAS, the City of Okeechobee encourages and supports water conservation, through various educational programs and special events; and WHEREAS, every business, industry, school and citizen can make a difference and help by efficiently using water, thus promoting a healthy economy and community. 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 month of April 014 as "WATER CONSERVATION MONTH" in the City of Okeechobee." /1-e ��C, e--: 6f �� /�� �1 d s( LL 2� u i <t. PIi ri l f Ll.� rY1c ei 7 a !�% k�'1 CAO `1�.�',�, (2,c 41<:- 1/ -tGn? Lr i t 0)40 Gdi t /'�C/i 'rv�Xl 41', "(-' B. Proc aim the mo th of April 014 as "Fir Housing Month." `/CL'` �� u 1 �� Mayor Kirk presented a Proclamation to City Clerk Gamiotea declaring April 2014 as Fair Housing Month, and read as follows: "WHEREAS, April 11, 20, arks the 46th anniversary of the passage of the U.S. Fair Housing ; ` «Sdu1 Law, Title VIII of the Civil Rights A f 1968, as amended, which enunciates a national policy of Fair ale r 1-, Housing without regard to race, color, creed, national origin, sex, familial status, and handicap, and 1 encourages fair housing opportunities for all citizens; and WHEREAS, The City of Okeechobee is committed to to highlight the Fair Housing Law, Title VIII of the Civil Rights Act of 1968, by continuing to " address discrimination in our community, to support programs that will educate the public about the right - to equal housing opportunities, and to plan partnership efforts with other organizations to help assure s <; every American of their right to fair housing. 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 month of April 20 4 as J`V "Fair Housing Month"; and urges all citizens to celebrate Fair Housing throughout the year." !4+''` "ie V. MINUTES - City Clerk. A. Council Member uz moved; seconded by Council Member . Motion to dispense with the reading and approve the Summary of Council Action for the March 18, 20r4egular Meeting. ill- discussion: % VOTE KIRK - YEA WATFORD - YEA Page 1 of 7 MAXWELL - YEA WILLIAMS - YEA O'CON.NOR -YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any. Requests for the addition, deferral or withdrawal of items on today's agenda. Add New Business item DE p _b eA4 ) Lk) VII. OPEN PUBLIC HEAR \GFOR ORDINANCE ADOPTION - Mayor Kirk AT o' •// P.M. A.1.a) Council Member Pt, moved; seconded by Council Member .O . Motion to read by title only and adopt proposed Ordinance No. 1109 regarding Comprehensive Plan Small Scale Future Land Use Map Amendment, Application No. 14- 001 -SSA, to reclassify a 2.565 acre unplatted parcel, from Single Family Residential to Commercial, located at East North Park Street and Southeast 10th Avenue, submitted by property owner(s) CSW 13, LLC. Planning Board recommends approval - City Planning Consultant (Exhibit 1). '716 (4.,occe ,2!Ltt, b) Vote on motion to read by title only. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA , MOTION CARRIED. c) Cit otrto read proposed Ordinance No. 1109 by title only, as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member hit moved; seconded by Council Member /,f v ,. Motion to adopt proposed Ordinance No. 1109. b) Public comments and discussion. Mayor Kirk asked whether there were any /Y', -A� Planning Consultant Brisson reviewed Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 14- 001 -SSA, was submitted by Attorney Sneider of the Law Office of Glenn J. Sneider, L.C., on behalf of the property owner, Mr. Carrol Word, Registered Agent, for CSW 13, LLC. They are requesting to change the Future Land Use classification from Single Family Residential to Commercial on an unplatted 2.565 acre parcel, located at 100 Southeast 10th Avenue. Legal description as follows: A parcel of land lying in and comprising a part of Government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right -of -way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; Thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest corner of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street); thence run North along said West right -of -way for a distance of 315 feet, more or less, to the Point of Beginning. Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, Florida. CSW 13 purchased the property in December of last year. It was occupied as a Mobile Home Park for many years. Mr. Word is in the process of relocating some of the mobile home units, most do not meet the requirements due to their age, and are having to be demolished. According to the application, the owner envisions to develop the property for commercial uses such as a mix of retail and a restaurant. Additionally, they submitted Rezoning Petition No. 14- 001 -R, for Heavy Commercial. Mr. Brissions recommendation for approval, as well as the Planning Boards unanimous recommendation of approval, are based on the findings within the Planning Staff Report: Due to the requested Commercial land use classification, and the property being located along East North Park Street (State Road 70), which falls within the area that is considered part of the City's commercial corridor, the application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the Future Land Use Element. Additionally, it's found to be consistent with State and Regional Policy Plans as it is a proposed use on previously developed urban land. Page 2 of 7 Pi_ /Ltd C{ cl "14 a (lad u n tiF= It <' �;�' G ,'fit _4, ty(c Aix A The applicant addressed adequacy of public facilities. A letter was provided from the Okeechobee Utility Authority to confirm potable water and wastewater could be provided for a commercial development. Based on the approved traffic analysis for nearby commercial development, it appears the level of traffic generated by the proposed development will have a minimal impact on North Park Street and Parrott Avenue (U.S. Highway 441). Both State Road 70, and Highway 441 South are presently operating at a level of service "F" which is the lowest level rating, their adopted level of service standard is a "C." However, Planner Brisson noted in the findings that the applicant will need to provide a traffic impact analysis at the time of site plan review. The analysis will need to include the impact to Southeast 10th Avenue in addition to the State and Federal roadways. The results of this analysis may limit the intensity of the commercial development for this property. Regarding solid waste, the County recently confirmed a considerable level of excess capacity to serve the solid waste disposal needs in the City. The proposed development will be required to address, during site plan review, that it meets all drainage standards required by the City and South Florida Water Management District (SFWMD). The property contains no environmentally sensitive areas or other physical attributes that would limit development. The application is found to be compatible with adjacent and nearby land uses which are, to the North (across Park Street) the existing use is vacant, with a Commercial Future Land Use, and Heavy Commercial zoning. The existing use to the East is the Post Office, with a Commercial Future Land Use, and a zoning of Heavy Commercial and Residential Multiple Family. To the South is a mobile home park with approximately 20 units, with a Single - Family Residential Future Land Use, and Residential Mobile Home Zoning. Finally, to the West is a retail shopping center, with a Future Land Use of Commercial and Heavy Commercial zoning. Attorney Sneider, whose law office is located at 200 Southwest 9th Street, Okeechobee, was present to respond to questions, along with Mr. Word, of 1080 Southeast 23rd Street. Council to disclose, for the record, whether they had spoken to the applicant or anyone else regarding the application, as well as whether they had visited the site. )61,0- 0140k - 0;4 nor F .,Le J1) P- Q . mac — cytio — Za ,(,() j / K )J '. (a C1( t/t�� c.iJ 7P 1c) &-x 70 . c) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA WATFORD - YEA WILLIAMS - YEA CLOSE PUBLIC HEARING - Mayor Kirk AT .,1( � / 7 P.M. Page 3 of 7 O'CONNOR YEA MOTION CARRIED:— VIII. NEW BUSINESS. '11 A.1.a) Council Member f U moved; seconded by Council Member Motion to read by title only and set April 15, 2014 as a final public hearing date for proposed Ordinance No. 1110 regarding Rezoning Petition No. 14-001 - R, submitted by property owner(s) CSW 13, LLC to rezone a 2.565 acre unplatted parcel, located at East North Park Street and Southeast 10th Avenue, from Residential Mobile Home to Heavy Commercial - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. c) City Attorn - etr to read proposed Ordinance No. 1110 by title only as follows: "AN ORDINANCE OF THE CITY OF KEG ECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME TO HEAVY COMMERCIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." 2. a) Council Member moved; seconded by Council Member proposed Ordinance No. 1110. . Motion to approve first reading of b) Discussion. 71N trYlt p Bill Brisson, Senior Planner, LaRue Planning and Management,1375 Jackson Street, Suite 206, Fort Myers, Florida. reviewed Rezoning Petition No. 14- 001 -R, submitted by Attorney Sneider of the Law Office of Glenn J. Sneider, L.C., on behalf of the property owner, Mr. Carrot Word, Registered Agent, for CSW 13, LLC. They are requesting to rezone from Residential Mobile Home to Heavy Commercial on an unplatted 2.565 acre parcel, located at 100 Southeast 10'h Avenue. CSW 13, LLC purchased the property in December of last year. It was occupied as a Mobile Home Park for many years. According to the petition, the owner envisions to develop the property for commercial uses such as a mix of retail and a restaurant. This petition is for the same property previously considered during the Public Hearing, Comprehensive Plan Amendment Application No. 14- 001 -SSA. Mr. Brission is recommending for approval, as well as a unanimous recommendation to approve by the Planning Board, based on the findings within the Planning Staff Report: The proposed rezoning would be consistent with the Comprehensive Plan, since Application No. 14- 001 -SSA was adopted. The proposed use is specifically authorized under the zoning district, and will not have an adverse effect on the public interest as the surrounding uses are commercial in nature. The proposed use is appropriate for the location, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. To the North (across Park Street) the existing use is vacant, with a Commercial Future Land Use, and Heavy Commercial zoning. The existing use to the East is the Post Office, with a Commercial Future Land Use, and a zoning of Heavy Commercial and Residential Multiple Family. To the South is a mobile home park with approximately 20 units, with a Single - Family Residential Future Land Use, and Residential Mobile Home Zoning. Finally, to the West is a retail shopping center, with a Future Land Use of Commercial and Heavy Commercial zoning. 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 replacement of a nonconforming mobile home park will act to improve the likelihood that property values will be beneficially affected and improve the potential of redevelopment of adjacent properties. In regards to the proposed use being able to be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood will need to be determined and addressed during site plan review. Preliminary, it would appear that the only area likely to require buffering would be the mobile home park to the South. The proposed commercial uses should not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Noting however there are several issues that will have to be adequately addressed during site plan review. A letter was provided from the Okeechobee Utility Authority to confirm potable water and wastewater could be provided for a commercial development. Based on the approved traffic analysis for nearby commercial development, it appears the level of traffic generated by the proposed development will have a minimal impact on North Park Street and Parrott Avenue (U.S. Highway 441). Both the State Road 70, and Highway 441 South are presently operating at a level of service "F" which is the lowest level rating, their adopted level of service standard is a "C." However, Planner Brisson noted in the findings that the applicant will need to provide a traffic impact analysis at the tim of site plan revie e analysis will need to include the impact to Southeast 10th Avenue in addition to the State and Federal or Federal e results of this analysis may limit Page 4 of 7 the intensity of the commercial development for this property. Regarding solid waste, the County recently confirmed a considerable level of excess capacity to serve the solid waste disposal needs in the City. The proposed development will be required to address, during site plan review, that it meets all drainage standards required by the City and South Florida Water Management District (SFWMD). The proposed use has not been inordinately burdened by unnecessary restrictions. Attorney Sneider, whose law office is located at 200 Southwest 9th Street, Okeechobee, was present to respond to questions, along with Mr. Word, of 1080 Southeast 23`d Street. The petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to nine surrounding property owners. Disclose for the record whether they had spoken to the applicant or anyone else regarding the application as well as whether they had visited the site. 4 A.{ f-tit I: hi - Ate j& L' {Yl 4 1, iii , fi v e a It,: C a f'; , _ 11.4 — Ct1thti c ( L/ .}Al --A-, U , Z ---,,\) �� , / , A tf, I tic_ ,a ,c), 4kd-q c) Vote on motion. VOTE KIRK - YEA WATFORD - YEA Page 5 of 7 MAXWELL - YEA ' YEA WILLIAMS - YEA TION CARRIED. C. Report regarding Public Protection Classification Ratings submitted by Insurance Services Office (ISO) - Chief Smith. 1,5O / 3 - 167A/0-rw - ehe I/1-(f '21c 4( Et cv90 io.1.1)t_ OLA ,i\a,,i,41ii. I CA/JI:,, dal t.)0A-1- cl 0.t.d. fik,t (,1-: klitli (A-& / r C te-((-C) / C' Lc fp , .?„2. atc, 1C:6 Oe at j1ij 4j" cf). (-P( At ThL A-tritt 0-i=41---,IA,k, "Licit ij OfirL/nti,41 C 0 4 4- id( 0,1,2 71atit 12 /d71,(i- 7)toO Luc-y),1 1(4,v 9 /iy 1if ,C-Czt_e4oZ Lti 611/4 6 (1 ,6-te .0.3 /. /Lit /Lt-6-14.0 )1;1/nd LE-) ruzi - LL/ ;C 7h,4-k_e trYi /Lc c-y' /SO - j(, ,14) Aryt 00_4; M ,/fLO -- buLik LvLJ - /yLed fi 0_ ( g Opt.. ,j iji,d eL4 .1L) Page 6 of 7 ITEM ADDED TO AGENDA: D. October 1, 2013 Action: Council Members Watford and O'Connor moved to adopt proposed Resolution No. 2013 -10, approving and authorizing the Mayor to execute a Locally Funded Agreement with FDOT for Crosswalk Improvements in the amount of $68,036.00 within the State Road 70 Improvements. One of the amenities the City requested during discussion of the project was to have the crosswalks look like brick pavers located at the main intersection (four crosswalks at State Road (SR) 70 and U.S. Highway 441), at SR 70 West and 3rd Avenue (two crosswalks one for Northwest, the other for Southwest), at SR 70 West and 2nd Avenue (one for Southwest only), at SR 70 East and 2nd Avenue (two crosswalks, one for Northeast, the other for Southeast), and finally at SR 70 East and 3rd Avenue (two crosswalks, one for Northeast, the other for Southeast). This improvement will give the City a 'downtown' aesthetic appeal, with a red brick type color and pattern. The estimated $68,036.00 is a non - budgeted item and will be discussed during the mid -year budget review. November 5, 2013 Action: Council Members Watford and O'Connor moved to adopt proposed Resolution No. 2013 -12 rescinding Resolution No. 2013 -10 approving a revised Locally Funded Agreement (LFA) and adding a Memorandum of Agreement (MOA) with Florida Department of Transportation (FDOT). Administrator Whitehall explained that Resolution No. 2013 -10 adopted the LFA for the patterned crosswalks in the State Road 70 /Highway 441 Improvement Project, in the amount of sixty -eight thousand, thirty -six dollars ($68,036.00). However, it left out the crosswalk at Northwest 2 °d Avenue and State Road 70 West. The revised LFA now includes it, the estimated amount increased to seventy -two thousand, one hundred twelve dollars ($72,112.00). In addition, FDOT also requested the money be placed in an escrow account, as set out by the MOA. A concern of the Council was whether this was the final price and whether or not the City can retract from the deal should it escalate too high, as there is no cap on the LFA. Administrator Whitehall answered this amount is predicated on similar bid prices but is subject to change as with any bid. The project is scheduled to be bid in March 2014. rd,L+ ij it l: ' c? :. -cif 0 , Ilc, M' LL 4%1 nt..) 04 14 C,I-CtA4c-6-1. - / �u $WI//61)4_/(,/i- /ity-kt AP cYAL/t 6- Jua i, 1, /,l q- /rX i 0 ((C-6, C . cT� �, �, ., its �b 1'4 — 7ke1 (/ 3 / X7°0 ) d 9 , /Lf5W /thy. - eitdittcc �; � 7Lt j4.4:1,i(LUA ? - NJ, 610,,,,t. _yr F/ Lua A.A�-� � � � C2-4 ,d!. � T � -€�-✓ -✓,mac/ �,vJ ..� a. - ( / 4- - ut / - /60447 } I /6Y./. r;k,'i s e/ <' F1v 4 ,, 1'' � � ' � 7 i / d e...j /°--a �..L G''_`ee lAY . b!� /(J ('.nd �z, ��� ,�rx� - �� , ,� j d i / urn` 704 go t ' (� c ��v �� mot �` OTE a `azl plc MAXWELL - Y WILLIAMS - YEA KIRK - YEA 1EA r1 i' O'CQ Y OR - YEA L)- WATFORD - YEA MOTION CARRIED. -1 !r IX. ADJOURN MEETING - Mayor AT 1 *• P.M. Page7of 7 6)7` 44;1 C't^r a k - -r ' ii /Q d tip f1-4.A4 On: eil-Lf7 s-e 7 - iLdlj 9 (2)6 /L( & 2hdj -/ • e ./t- 6 1c1 6 paic Wi Ye m-/-12-e L4-e I ei 11-a .)-) 72.0y, aliz, fl, JA-V1-4-6-a A) (I Ce - e:71 I'L/J) quit - 'efibt-el Jit,,J/ke-7/- Ata,d-u-k,ez 4&,„ Wee--etY j716 p ,c4t L J v,) biyit h'L uizAt ctt, o-urYt 6)(12 92-4 Leif t;ts cryLc --r7C) e, J 0 N Jo, pc cyb ViLA 0.4,1c epQ 61- 7hk- 71Of_e_o-,AJA.1_ - FL4(-7144 A(4.1 Ae_ed a e u-dif p (,17f /f4A6 „1[44:- '7‘ ,tat2 /rktscz/r74_44' — uftei tut ptt,=4 ? 7)1-c-'/ oYi t 0.-&7 - 177 })--V 6`.- 1 7Y) t-)wzt lz-eALL z,e,f uf I 11, [Li uLdel _ Aj, 7O,Zrz", hie * freLy_ f tell j? (dal% p-xL,6-(7,-ke 1`‘ 4 1.0 fi - Lef—ap 6 fy ( 6( ite Icz-k_tc c 4_, 6'1 y ),c 1 cc) 61/1\LL tr'._V C.,trt-VI (7, tO 11- JJ id".4( 74,4 I-Lk( 1 rnt i-k-Le fiLAA A/144-61-4-ei d itA ahtL .7)1( 4,6-Y" (.4e4 Ws-ot. b3/ 11419- )\17 kft-u '1112,C4/1/( 4-47- 74f0:6-xi- (-4 ,y16,( Jlo .* dEr-7 l g t - 1 / 6 k I J J Lv..4 o 76-x ui_eil scia. ker/o. wt t pyd-- - 50/ ,60 Office of the Mayor Okeechobee, Florida WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, the State of Florida, Water Management Districts and the City of Okeechobee are working together to increase awareness about the importance of water. conservation; and WHEREAS, April, typically a dry month when water demands are highest, is annually designated as Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and WHEREAS the City of Okeechobee encourages and supports water conservation, through various educational programs and special events; and WHEREAS, every business, industry, school and citizen can make a difference and help by efficiently using water, thus promoting a healthy economy and community. 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 month of April 2014 as "WATER CONSERVATION MONTH" in the City of Okeechobee. In witness w' hand ' d caus ames :. Kirk, Mayor, Attest: l � ( Lane Gamiotea, MC, City Clerk Date: April 1, 2014 Office of the Mayor Okeechobee, Florida HEREAS, April 11, 2014 marks the 46th anniversary of the passage of the U.S. Fair Housing- Law, Title Vlll of the Civil Rights Act of 1968 , as amended, which enunciates a national policy of Fair Housing without regard to race, color, creed, national origin, sex, familial status, and handicap, and encourages fair housing opportunities for all citizens; and WHEREAS, The City of Okeechobee is committed to highlight the Fair Housing Law, Title VIII of the Civil Rights Act of 1968, by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities, and to plan partnership efforts with other organizations to help assure every American of their right to fair housing. 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 month of April 2014 as "Fair Housing Month ", and urges all citizens to celebrate Fair Housing throughout the year. In witness whereof I have hereunto set my hand an. ,. used this seal to be affixed. James E. Kirk, Mayor Attest: A / r a..,2 Lane Ga iotea, CMC, City Clerk Date: April 1, 2014 ORDINANCE NO. 1109 Exhibit 1 April 1, 2014 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FORSEVERABILITY; AND 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. 14- 001 -SSA), submitted by Attorney Glenn J. Sneider, on behalf of property owner(s), Mr. Carrol Word, Registered Agent for CSW 13, LLC, 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 Public Hearing held on March 20, 2014, 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(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed application(s) 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. Ordinance No.1109 - Page 1 of 3 SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 2.565 acre(s) is hereby re- designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 14 -001 -SSA, from Single Family Residential to Commercial. The Legal Description of Subject Property is as follows: LEGAL: A PARCEL OF LAND LYING IN AND COMPRISING A PART OF GOVERNMENT LOT 2 IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF S.E. 10' AVENUE (FORMERLY HANCOCK STREET) WITH THE SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 70, THENCE RUN WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 70 FOR A DISTANCE OF 365 FEET, MORE OR LESS, TO A POINT ON THE WEST BOUNDARY LINE OF GOVERNMENT LOT 2 IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST; THENCE RUN SOUTH ALONG SAID WEST LINE OF GOVERNMENT LOT 2 FOR A DISTANCE OF 315 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 209, PAGE 451, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN EAST, ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 209, PAGE 451, FOR A DISTANCE OF 365 FEET, MORE OR LESS, TO THE WEST RIGHT -OF -WAY LINE OF S.E. 10' AVENUE (FORMERLY HANCOCK STREET); THENCE RUN NORTH ALONG SAID WEST RIGHT -OF -WAY FOR A DISTANCE OF 315 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY DESCRIBED IN THOSE CERTAIN INSTRUMENTS RECORDED IN OFFICIAL RECORDS BOOK 209, PAGE 451; OFFICIAL RECORDS BOOK 224, PAGE 733 AND OFFICIAL RECORDS BOOK 239, PAGE 1391, ALL BEING IN THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LESS AND EXCEPT THAT PROPERTY SUBJECT TO THE ORDER OF TAKING IN FAVOR OF FLORIDA POWER AND LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK 391, PAGE 1874, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended March 3, 2009 ", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. 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 7. EFFECTIVE DATE. The effective date of this plan amendment shall be thirty -one (31) days after the adoption of this Ordinance, if not timely challenged. If timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or Ordinance No.1109 - Page 2 of 3 ■ land uses dependent on this amendment may be issued or commence before it has become effective. INTRODUCED for First Reading and Final Public Hearing on this 1St day of April, 2014. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after First Reading on the 1' day of April, 2014. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1109 - Page 3 of 3 James E. Kirk, Mayor AGENDA V. OPEN PUBLIC HEARING - Chairperson. A. Application No. 14 -001 -SSA submitted by Glenn J. Sneider, Agent on behalf of property owner, CSW 13, LLC, is requesting to change the Future Land Use classification from Single Family to Commercial on an unplatted 2.565 acre parcel, located at 100 SE 10`h Avenue (Exhibit 1). 1. Hear from Planning Staff. 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 application. MARCH 20, 2014 - PLANNING BOARD - PAGE 2 OF 7 ACTION • DISCUSSION - VOTE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:02 P.M. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 14- 001 -SSA, was submitted by Attorney Sneider of the Law Office of Glenn J. Sneider, L.C., on behalf of the property owner, Mr. Carrol Word, Registered Agent, for CSW 13, LLC. They are requesting to change the Future Land Use classification from Single Family Residential to Commercial on an unplatted 2.565 acre parcel, located at 100 Southeast 10`h Avenue. Chairperson Hoover yielded the floor to Planning Consultant Brisson who reviewed the application and his recommendation for approval, based on the findings within the Planning Staff Report. He elaborated, CSW 13, LLC purchased the property in December of last year. It was occupied as a Mobile Home Park for many years. Mr. Word is in the process of relocating some of the mobile home units, most do not meet the requirements due to their age, and are having to be demolished. According to the application, the owner envisions to develop the property for commercial uses such as a mix of retail and a restaurant. Additionally, they submitted Rezoning Petition No. 14- 001 -R, for Heavy Commercial. Attorney Sneider, whose law office is located at 200 Southwest 9`h Street, Okeechobee, was present to respond to questions, along with Mr. Word, of 1080 Southeast 23rd Street. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There was none. Chairperson Hoover asked Board Members to disclose, for the record, whether they had spoken to the applicant or anyone else regarding the application, as well as whether they had visited the site. Board Members Baughman and Creasman disclosed that they had visited the site of the subject property. Board Member Burroughs disclosed he spoke with Mr. Word regarding his development intentions for the property. Board Member McCoy disclosed that he spoke with Mr. McCoin, the contractor hired to conduct demolition work on the subject property. Their conversation was due to Mr. McCoy's employment duties with the County Health Department, and related to the process for obtaining permits to abandon the septic tanks. Planning Staff's findings are as follows: Due to the requested Commercial land use classification, and the property being located along East North Park Street (State Road 70), which falls within the area that is considered part of the City's commercial corridor, the application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the Future Land Use Element. Additionally, it's found to be consistent with State and Regional Policy Plans as it is a proposed use on previously developed urban land. AGENDA V. PUBLIC HEARING CONTINUED. A. 5. a) Consideration of a motion to recommend the City Council approve or deny Application No. 14- 001 -SSA continued. MARCH 20, 2014 - PLANNING BOARD - PAGE 3 OF 7 ACTION - DISCUSSION - VOTE Planning Staff Report Findings continued, the applicant addressed adequacy of public facilities. A letter was provided from the Okeechobee Utility Authority to confirm potable water and wastewater could be provided for a commercial development. Based on the approved traffic analysis for nearby commercial development, it appears the level of traffic generated by the proposed development will have a minimal impact on North Park Street and Parrott Avenue (U.S. Highway 441). Both State Road 70, and Highway 441 South are presently operating at a level of service "F" which is the lowest level rating, their adopted level of service standard is a "C." However, Planner Brisson noted in the findings that the applicant will need to provide a traffic impact analysis at the time of site plan review. The analysis will need to include the impact to Southeast 10`h Avenue in addition to the State and Federal roadways. The results of this analysis may limit the intensity of the commercial development for this property. Regarding solid waste, the County recently confirmed a considerable level of excess capacity to serve the solid waste disposal needs in the City. The proposed development will be required to address, during site plan review, that it meets all drainage standards required by the City and South Florida Water Management District (SFWMD). Board Member Ritter clarified in regards to drainage, this property would not fat under SFWMD's jurisdiction due to its size, (less than 10 acres, and less than two acres impervious). The Federal Department of Environmental Protection would be the organization to address the drainage. The property contains no environmentally sensitive areas or other physical attributes that would limit development. The application is found to be compatible with adjacent and nearby land uses which are, to the North (across Park Street) the existing use is vacant, with a Commercial Future Land Use, and Heavy Commercial zoning. The existing use to the East is the Post Office, with a Commercial Future Land Use, and a zoning of Heavy Commercial and Residential Multiple Family. To the South is a mobile home park with approximately 20 units, with a Single- Family Residential Future Land Use, and Residential Mobile Home Zoning. Finally, to the West is a retail shopping center, with a Future Land Use of Commercial and Heavy Commercial zoning. Board Member Burroughs made a motion, seconded by Board Member Baughman, based on Planning Staffs findings and recommendation, to recommend the City Council approve Application No. 14- 001 -SSA, submitted by Attorney Sneider, on behalf of property owner, CSW 13, LLC, to change the Future Land Use classification from Single Family to Commercial on an unplatted 2.565 acre parcel, located at 100 Southeast 10th Avenue. Legal description as follows: A parcel of and lying in and comprising a part of Government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right -of -way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; (continued) AGENDA V. PUBLIC HEARING CONTINUED. A. 5. a) Consideration of a motion to recommend the City Council approve or deny Application No. 14- 001 -SSA continued. b) Board discussion. c) Vote on motion. MARCH 20, 2014 - PLANNING BOARD - PAGE 4 OF 7 ACTION - DISCUSSION - VOTE Thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest corner of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street); thence run North along said West right -of -way for a distance of 315 feet, more or less, to the Point of Beginning. Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, Florida. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCREARY • YEA BURROUGHS -YEA BAUGHMAN - YEA RITTER - YEA CREASMAN - N/A BRASS - YEA MOTION CARRIED. The recommendation for Application No. 14- 001 -SSA will be forwarded in considered for Adoption on April 1, 2014 at a Public Hearing. MCCOY - YEA ordinance form, to the City Council to be City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 1-.A -1 4 Petition No. i-- (001 - SS is Fee Paid: 1 -31- -I q Jurisdiction: pp) J (' C_ 1st Hearing: 3. -,it), - ICJ 2nd Hearing: yzi 5 it-1 Publication Dates: Notices Mailed: 3_. - -I4 APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT To BE COMPLETED BY CITY STAFF: Verified FLUM Designation: Verified Zoning Designation: Plan Amendment Type: n Large Scale (LSA) involving over 10 acres or text amendment 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. APPLICANT PLEASE 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: Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. Date Sign r of Owner or Auth rized Representative* *Attach Notarized Letter of Owner's Authorization For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 1 of 7 RESPONSES TO APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT Applicant submits his responses to the Application for Comprehensive Plan Amendment and by reference to the numbered paragraphs in that document, states as follows: I. Applicant /Agent /Owner Information Applicant: Carrol Word Address: 1080 SE 23' Street Okeechobee, FL 34974 Phone: (863) 610 -0296 Agent: Law Office of Glenn J. Sneider, L.C. Address: 200 SW 9th Street Okeechobee, FL 34974 Phone: (863) 467 -6570 Fax: (863) 467 -1968 E -mail: glennjsneider @gmail.com frank @sneiderlaw.com Owner of Record: CSW 13, L.L.C. Address: 805 SE 3' Court Okeechobee, FL 34974 Phone: (863) 610 -0296 II. Requested Change A. Type: Future Land Use (FLUM) Amendment B. Summary of Request: Applicant is requesting change from Single Family Residential to Commercial for future retail restaurant and /or related commercial use. III. Property Size and Location of Affected Property A. Property Location: 1. Site Address: 100 SE 10th Avenue Okeechobee, FL 34974 2. Property ID #(s): 2- 22- 37- 35 -0A00- 00011 -0000 B. Property Information: 1. Total area of Property: 2.565 acres 1 2. Total area included in request: Same as above a. In each Future Land Use Category: Single Family to Commercial b. Total Uplands: All c. Total Wetlands: None 3. Current Zoning: RMH 4. Current FLU: Single Family 5. Existing Land Use: MH park 6. Requested FLU: Commercial D. Maximum Development Potential of the Subject property: Applicant proposes change from the existing FLU category of single family to a proposed FLU of commercial with the Density, number of units, commercial square footage and/or industrial square footage to be determined by the county planner. IV. Amendment Support Documentation A. General Information and Maps 1 There are no proposed text changes. 2 A map showing the boundaries of the subject property, surrounding street network and Future Land Use designations of the surrounding properties is attached. 3 A map showing existing land uses of the subject property and surrounding properties is attached and demonstrates that the FLU is consistent with the surrounding properties and is adjacent to each of them. 4 Written descriptions of the existing land use and how the proposed Lane Use designation is consistent with current uses and current Future Land Use designations is attached and shows that the proposed use is consistent with the surrounding and adjacent properties. 5 Map showing existing zoning of the subject property and surrounding properties is attached. 6 Certified property boundary survey with associated information is attached. 7 Copy of deed for the property subject to the requested change is attached. An aerial map is attached. Power of Attorney from property owner is attached. B. PUBLIC FACILITIES IMPACTS 1. Traffic Analysis 2 a. For Small Scale Amendments (SSA) An estimate of traffic volumes associated with the proposed change cannot be determined at this time as the use of the property is as yet undetermined. All other items under this subparagraph are not applicable. 2. Estimates of demand associated with maximum potential development of the subject property cannot be determined at this time as the use of the property is as yet undetermined. All other items under this subparagraph are not applicable. 3 A statement from the OUA substantiating the adequacy of the existing and proposed facilities is attached. C. ENVIRONMENTAL IMPACTS There are no environmental issues that impact the subject property. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. The current proposal does not affect established City of Okeechobee population projections. 2. N/A 3. N/A 4. There is no issues that would be inconsistent with the State Policy and regional Policy plan goals. 3 Applicaton 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. V. FEE SCHEDULE Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) $850.00 plus $30.00 per acre Text Amendment Flat Fee $2,000.00 each VI. AFFIDAVIT I, 61k- -- f .-c- r , 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 ente pon the property during normal working hours for the purpose of investigating and eval�jang the etsuest made through this application. Cto_tn 5 01 Typed or Printed Name STATE OF ct.z.t^ COUNTY OF n't( (- t. Date S-1°- The foregoing instrument was certified and subscribed before me this ),-,1 day of )c- v 'A 201,0 , by •.c Lk. 0. (3 2i. ho i��,nersonaffX own to me , or who has produced as identification. Notary Public Printed. Name of Notary Public Commission Expires on: 411.4( iJ dot o•PB�% FRANKLIN D. H ICKOX, JR. * Nc�) * MY COMMISSION # FF 007536 EXPIRES: April 14, 2017 fEOr F oe Bonded Thru Budget Notary Services For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 7 of 7 GIS / MAPPING DEPARTMENT OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE . - • • W.C. "BILL" SHERMAN, PROPERTY APPRAISER a Legend Q PARCEL BOUNDARY SURROUNDING PROPERTY • • THIS MAP HAS BEEN COMPILED FROM THE MOSTAUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON BOUNDARY OF SUBJECT AND SURROUNDING PARCELS 1 ANGELA JONES- FOWLER, GISP 1 inch = 200 feet H Date: 1/21/2014 IGIS / MAPPING DEPARTMENT 6 COMM SF NE 7TH AVE 148 HWY 70 E OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. "BILL" SHERMAN, PROPERTY APPRAISER HWY270 E 3 4 CRKSIDE SO 5 6 CRKSIDE SO 7 8 CRKStE SO 10 11 CRKSIDE SO CREEK LOT CREEK LOT T 11 CRE2K LOT O 0 y � �' 0 9ti. CREAK LOT 330 -74, 0�' HWY 70 E HWY70E r —1 12 G CITY LT – `, , \ ----/�,. ------ CRKSI SO f 0 1 I r .---- / I S CRKSIDE SO / ,l U = i�� r� F 3Rp 5T r ' JJ CRKS�DE SO S / CITY LT w I CITY3LT ° ! o / I K *y 1 CRKgIDE SO Lu I CITY LT t 644 I- CRKSfr)F SC) •IT1V , T iii FMH SITE S FMH SITE S 2 3 IMP INDS 4 5 6 7 IMPENDS 5E 10TH AVE THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON Existing Land Use HWY 70 E 9 CITY LT 8 HWY w CITY LT i s ! 28 3 r 15- 6 ; h 27 4 W 26 5 16 5 In I 25 TY LT 6 C �4 7 +/ - rlTV I T 23 8 Legend PARCEL BOUNDARY — SURROUNDING PROPERTY 31 .. IY LT HWY70E 6 v v 5 44 3 HWY 70 E 2 8 9 10 11 HWY 70 E COMM SF u_ 2 2 O 0 23 22 21 20 CITY 1Q ANGELA JONES - FOWLER, GISP 1 inch = 200 feet w' Date: 1/21/2014 arl& X11 City of Okeechobee Future Land Use 1105 ME IP -1 ■ NN ern 9 6 . 5 _ 6 J 1 P Q A • E F 3 7 1 4 b'a 7 101 1t 72 A 2 1 5i 6 2 6 12 11 10 9 13 11 15 16 II 21 b -. e o 2 6 14 13 5 16 16 COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL up INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE ON JULY 17, 3 CHANGES WERE MADE TO THE OFFICIAL FUTURE ND U. K STHROUGH ON CITY OF OKEECHOBEE CITY CLERIC LANE GAMIOTEA 0 ri 6 - 7 19 71 0.25 0.5 Miles General Notes'. Plleys shown hereon are 15 or 20 feel in width. See appropriate subdivision plat for specific alley widths. This map has been compiled from the most current data available. The City of Okeechobee is not responsible for any errors or omissions contained herein. ...... _ "7: 3// 34 67. ,-s _ 99 98 97 96 95 94 93 92 54 .53 Tr) af,WCr wwwwwwcwomm mum . i ... zj &di& 3013 C.NGES WERE MACE TOME OFFICAL ZIXIING 1W0.101101 No 1. 11001. OTT Of OKEECHOBEE. a OR CLEW LANE GNAW. ZONVOMOMINSTRATOP BRIM NNITENAL, General NM*. Alleys shown hereon are 15 or 20 feet in width. See appropriate subdivision plat for specific alley webs. This map has been compil, Porn the most current data available. The City 01 Okeechobee is not responsible for a, errors or omissions conOined herein. t.11y 01 VlieeClluuee 55 SE 3r`' Avenue Okeechobee, FL 34974 Tele: 863 -763 -3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): CS44 (3 / L ec, Mailing Address: C10 tc`. (' �-°' S 1 q, 2,;-, 5v i .34: (c' C.i lit.«_ti.rk r._ig- 19'Ili Home Telephone: CO ) 'yci -.(,5 70 Work: Cell: Property Address: 1 c) 0 SE 1 ( \_ 10 t: (, e(1,4 ci, 3 Li 5l,-) " Parcel ID Number: 0 0 0 „- 0 Name of Applicant: G C m . 5R,:4„,.- 14,r;Worlc: Cell: Home Telephone: 6 (2r, The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF DAY OF; O, ,c4- \ 2Oj1 THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS TFIIS'30'' . -L i. (2., li✓ C S' W /g 6 'OWNER - • ,,g /0107‘,,-N y1,4 0 WITNESS OWNER Before me the undersigned acknowledged before the that power of attorney fo the purpose t..,,s Notary Public: 1� 'ul„�I y a. _ WITNESS authority personally appeared the owner(s) named above who upon being duly sworn they are the owner(s) of the real property described above and that they executed the stated therein. Sworn and subscribed this'3of4'day of 3 ":el,∎..6 1 20I A. .0.'....ufe4, FRANKLIN D. HICKOX, JR. ,� , , j * MY COMMISSION # FF 001536 :April 14,2017 �" ,g1r „m,' \°F - °°° SEAL sadedmrrue udget Notary servkea eoF ro Commission Expires: 4 E c (Rev 01/12) Page 5ofll Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, Florida. Tax Folio No. 2.22- 37- 35 -OA00- 00011 -0000 SUBJECT TO: 1. Zoning and other governmental rules, regulations and ordinances. 2. Restrictions, covenants, conditions, easements and other matters of record. 3. Taxes and assessments subsequent to December 31, 2014. Together with all the•teriements, 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 to specially warrant title to the property hereby conveyed against any claim or action arising for the federal case styled United States of America v. Vincent Colangelo and Rachel Bass, Case No.11- 60033- CR- COOKE(s), decided in the United States District Court for the Southern District of Florida, the Final Order of Forfeiture dated August 24, 2012 and as and recorded January 28, 2013 in Official Records Book 725, Page 531 and Official Records Book 725, Page 542, Public Records of Okeechobee County, Florida. 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 only, and not any mobile homes, if any, and will defend the same against the lawful claims of all persons claiming by, through or under the grantors. In Witness Thereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: CORPORATE SEAL Special Warranty Deed - Page 2 Case No.11- 60033- CR- COOKE(s) Asset Forfeiture Unit Ooublollm*" Book741 /Page153 CFN #2014000234 Page 2 of 3 State of ,,,Gencv County of '14sst.- Before me, the undersigned authority , this otD day of 4,1e. , 2013, personally appeared, .g,As) o R rA , M . J1702.1 as the MtNr atbsr, on behalf of United States of America, he/she acknowledged to me that he/she executed the foregoing i strument for the purposes and consideration therein expressed. He/She is personally known to me Seal: Special Warmer Deed - Page 3 State of My Commission Expires: Doublelms` Book741 /Page154 CFN #2014000234 Page 3 of 3 Prepared by and return to: William J. Gardner, PA 7280 W Palmetto Park Rd Suite 208N Boca Raton, FL 33433 File Number 10644 MMR123726 Will Call No.: 11111111111111111111J 1111111111 11111 FILE NUM 014 �Cy2�4 OR BI( 741 PG 152 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 01/09/2014 01:13 :29 PM AMT $278,910.00 RECORDING FEES $27.00 DEED DOC $1r953.00 RECORDED BY M Pi non Pss 152 - 154; (3 pros) Consideration: $278,910.00 Case No.11- 60033- CR- COOKE(s) (Space Above This Line R3r Recording Data] United States Special Warranty Deed This Indenture, made this a7 day of November, 2013, between UNITED STATES OF AMERICA, whose post office address is c/o Matt Martin Real Estate Management, LLC, 2801 Network Boulevard, Suite 500, Frisco, Texas, 70534, grantor, having divested title pursuant to and hi accordance with the terms of the Final Order of Forfeiture entered on the 24th day of August, 2012, by the United States District Court for the Southern District of Florida, and filed January 28, 2013 in Official Records Book 725, Page 531 and, Official Records Book 725, Page 542, Public Records of Okeechobee County, Florida, in the case of UNITED STATES OF AMERICA v. Vincent Colangelo ,and United States of America v Rachel Bass Case No.11- 60033- CR- COOKE(S) and CSW 13, L.L.C., a Florida Limited Liability Company whose post office address is: 805 SE 314 Court, Okeechobee, Florida 34974, grantee: (Whenever used herein the leans grantor and grantee include all the parties to this instru ne nt and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to-wit A parcel of land lying in and comprising a part of government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S. E. 10th Avenue (formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right -of -Way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest corner of a parcel of and described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the West right-of-way line of S. E. 10th Avenue (formerly Hancock Street); thence run North along said West right -of -way line for a distance of 315 feet, more or less, to the Point of Beginning, Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Doubinm•" Book741 /Page152 CFN #2014000234 Page 1 of 3 OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974 -4221 January 30, 2014 RE: Address: 100 SE 10th Avenue Parcel ID: 2-22-37-35-0A00-00011-0000-12 To Whom it May Concern (863) 763 -9460 FAX: (863) 763 -9036 This letter will serve to verify that the OKEECHOBEE UTILITY AUTHORITY (OUA), services the above - referenced property with both water and sewer service. The mobile homes within the property are not individually metered but are serviced through a 2" master meter servicing the entire parcel. Please let me know should you have questions or require additional information. Sincerely, xv-n Lyn Lowe Office Manager, OUA BOUNDARY & TOPOGRAPHIC SURVEY PREPARED FOR CSW13, LLC DESCR/P77ON• (OFFICIAL RECORDS BOOM 682 PAGE 1131) A PARCEL OF LAND LYING IN AND CONPR/9NG A PART OF GOVERNMENT LOT 2 IN SECDCN 22 701WS71IP 37 50071, RANGE 35 EAST, OKEECHOBEE OpIN7Y, FLORIDA. BEING MORE PARJICULARLY DE-SCRIBED AS FOLLOWS BEGINNING AT I1/E /N7ERSEC770N OF 771E NEST RIGHT— Or—WAY UNE OF 5E. 1071, AVENUE (FORMERLY HANCOCK STREET) 44771 771E SOUTH RIGHT—OF—WAY UNE OF STATE ROAD 7O(• THENCE RUN NEST ALONG SAID SOU71 RIGHT— Or—WAY LAVE Or 57.47E ROAD 70, FOR A DISTANCE Or 365 FEET, MORE 0P LESS 70 4 FONT ON THE NEST BOUNDARY UNE Or GOVERNMENT LOT 2 IN SEC770/ 22 70NN.SHP 37 501774 RANEE 35 EASE, 771010E RUN 500771 ALONG SAND NEST UNE Or GOVERNMENT LOT 2 FOR A DISTANCE OF 315 FEET 70 7HE SOUTHI+EST CORNET OF A PARCEL Cr LAND DESCRIBED /N O.R. BOOR 209, PAGE 451, PUBLIC RECORDS OF CWO- CHOYEE moan FLORIDA; THENCE RUN EAST, ALONG 771E SOU771 BOUNDARY UNE Or SAID PARCEL OF LAN DESCRIBED IN O.R. 0001? 209, PAGE 457, FOR A DISTANCE Or 365 FEET, MORE OR LESS 70 THE *EST RIGHT— Or—WAY UNE OF SE 10711 AVENUE (FOIRA/ERLY HANCOC K 518((1)) 111ENCE RUN 140671/ ALONG SAID NEST RIGHT—OF—WAY LINE FOP A DISTANCE Cr 315 FEET, MORE OR LESS 70 7HE POINT Or BEGINNING BEING THE SAME PR:1.1377Y DESCRIBED IN 71405E CERTAW /115IRUMEN75 RECORDED /6 OR BOOK 205 PACE 451; O.R. BOOK 274, PAGE 733 AND 0.R. BOOK 239, PAGE 1391, ALL BEING IN 711£ PUBLIC RECORDS OF OKEEC7108EE COUNTY, FLORIDA LESS AND EXCEPT THAT PRODER7Y SUBJECT 10 711E ORDER Or TAA7NG IN FAIR OF FLORIDA POWER AND LIGHT COMPANY RECORDED IN OF7CIA0 RECORDS BOOK 391, PAGE 1874, PUBLIC RECORDS Or OY£ECHOBEE COUNTY, FLORIDA. PROECT SPEC /F7C NO7ES. 1) UNLESS SHORN 076£81/52 ALL DIMENSIONS ARE DEED(D) AND MEASURED(M) 2) SITE ADDRESS. 700 SE 10114 AVENUE 3) PARCEL 49 A5 2- 22 -37 -35 -0.400- 00011 -0000 4) F./.RM. 50NE2 ZONE UNDETERMINED, PARCEL LIES 477196 THE CIYEE0IOBEE CITY LIMOS 5) 711/5 SURVEY IS NOT IN7EUNDED TO DEPICT ,APISOICOONAL AREAS OR 0111(8 AREAS Or LOCAL CONCERN. 6) THE DE5O4/P1704 SHOW HEREON WAS PROVIDED BY 711E CLIENT OR 771E OJEN7'S RE7'RESENTA B6. 7) BEARING REFERENCE 171E NEST BOUNDARY LINE OF 711E EAST 1/2 Cr SEC770N 22 -37 -35 /S TAKEN 70 BEAR 50/711 007921' EAST. 8) 711E ELEYA77CN5 SHOW HEREON ARE BASED ON 711E NA770NAL GEODE 710 VE77CAL 0417.81 Or 7929 (NONE 29). 9) 4048 EYOP WAS NOT PROVIDED 4+7771 ANY 77771 INFORMA770N FOR 771/5 PARCEL SURVEYOR VEYOP ASSUMES NO RES.ONSIBIUTY 0P L1ABN7Y FOR 711E ACCURACY OF EASEMENT DIMENSIONS SHOWN HEREON, /F ANY THERE MAY BE 071138 EASEMEN75 OR RES7R /C77ONS THAT EFFECT THIS PARCEL 10) THE SURVEY DEP/C7ED MERE /5 NOT COVERED BY PROFSS/ONAL UABIUTY INSURANCE ADODONS OR DE2E770N5 70 SURVEY MAPS OR REPORTS BY OTHER THAN 711E SIGHING PARTY OR PARTIES /5 PRCIH1811ED N1TH0UT MR /T7EN CONSENT OF 711E SIGNING PARTY OR PAR77ES 11) DA7E OF LAST F1EL0 SURVEY: 01/17/14. PROJECT SP£C/F7C /EG£ND; CPP a CONCRETE P041E7? POLE F.0 m FENCE CORMS? EP a /0/ND IRON PIPE FR m FOUND 5/8' MO/ ROD /7RC /0WJD 5/8' IRON ROD 1/ CAP FNTT : FOUND NAIL dr 77N TAB 0..8.10 — OITOAL RECORDS BOOK TEL = 7EZEP110NE PEDESTAL NPP — WOOD POKER POLE WV a WAJER VALVE STATE ROAD No. 70 P.M w >or. n n.x nna m / PREPARED FOR 7HE FXC/ US/VE USE OF. Mal LLC ec mP 1 Nig N as Sazo w 17.06 Hi o 1000I I-0000 TOTAL PARCEL CONTAINS ±Z.70 ACRE S (EXISTING TRAILER PARK. INTERIOR IMPROVEMENTS WERE N LOCATED AS PART OE THIS SURVEY/ ,re..Nar� rae..,m..�.n mow` .m EAST 3.SS'�-I0)a'e9 SA'3B E 373.63 1,i ,w tun JANE. (UWATIES, mum ERNI O ere WN.SATrtD. Post (MOE) r BOUNDARY & TOPO SURVEY 01/20/14 298/87 WC \ KAB DESCRIPTION DWG. DATE PP/PC BY DT SCALE 1' _ 40' DRAWING NONBER: 28007 l .. .r~EET 1 0E 1 LEGEND 0-Set Icon Rod and 0.7 NAB LS 4420 10-FoundCM C (and Can) 0 -Gourd Pipe (one Cop) 0-4002 BBRENATIONS a STANDARD NOTES 1. Na search of the putlic retards 1« determination of ownership or restriction, affecting the lends sh . vas P,stamed ., the ,err oo/ 3. Th, af.ey depicted Men Is t assrad es by 10. wires, far Nor Raman noted. J. No responslisSity within or a eiN y u send ed DY Ne eal of for li by omen a sand mapper' r' #461 Net war . rat le ,ove pound d amem,rn seal c peas shown. d wr eyor and mapper' F1820. 5. No attempt a wm to cams deroavnd imp escort 1, nd/n. s. No suraw main ea locate underground YnprpAment, and/or ever «cnmenl, Or any) w van or MO survey. n ma / f was ww ..sea arse with 17 6, F technical ,tan « . ,)),, *72 e7 8e Florida Bond of Sumepa end Yappers (Gepter fi1C1] -fi, EAC.)nDur,umt bd5eclian 4 >20Z]. Fl «Wa Statute. TRADEWINDS SURVEYORS 200 S.W. 3rd Avenue Okeechobee. FL 34874 Tel: (863) 763 -2887 Fax: (863) 783 -4342 Email: keb.twps @yehoo.com Kenneth A. Breaux. Jr. (PSM 4820) BOUNDARY & TOPOGRAPHIC SURVEY PREPARED FOR C/SW171 3, LL C QESCRIPT/ON: (OFF7LYAL RECORDS BOOK 682 PAGE 1131) A PARCEL OF LAND LING IN AND COMPRISING A PART OF GOIAFRNMENT LOT 2 IN SECTION 22 TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BONG MORE PARTICULARLY DESCR /BED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE WEST RIGHT— OF—WAY LINE OF SE. 1O7H AVENUE (FORMERLY HANCOCK STREET) PATH THE SOUTH RIGHT—OF—WAY UNE OF STATE ROAD 70; THENCE RUN WEST ALONG SAID SOUTH RIGHT—OF—WAY UNE Cr STATE ROAD 70, FORA D /STANCE OF 365 FEET, MORE OR LESS TO A POINT ON THE WEST BOUNDARY LINE OF GOVERNMENT LOT 2 IN SEC770N 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, THENCE RUN SOUTH ALONG SA /D WEST UNE OF GOVERNMENT LOT 2, FORA DISTANCE OF 315 /-Lt/ 70 THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCR /BED IN O.R. BOOK 209, PAGE 451, PUBLIC RECORDS Cr OKEECHOBEE COUNTY, FLORIDA; THENCE RUN EAST, ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL OF LAN DESCRIBED IN O.R. BOOK 209, PAGE 451, FORA D /STANCE OF 365 FEET, MORE OR LESS 70 THE WEST RIGHT—OF— WAY UNE OF SE 10771 AVENUE (FORMERLY HANCOCK STREET); THENCE RUN NORTH ALONG SAID WEST RIGHT—OF—WAY UNE FOR A D /STANCE OF 315 FEET, MORE OR LESS 70 THE POINT OF BEGINNING BONG THE SAME PROPE7R7Y DESCRIBED IN THOSE CERTA /N INSTRUMENTS RECORDED IN 0.R. BOOK 209, PAGE- 451; O.R. BOOK 224, PAGE 733 AND O.R. BOOK 239, PAGE 1391, ALL BONG IN THE PUBLIC RECORDS OF 01(EFCHO9EE COUNTY, FLORIDA. LESS AND EXCEPT THAT PROPERTY SUBJECT 70 THE ORDER OF TAKING IN FAVOR OF FLORIDA POWER AND LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK 391, PAGE 1874, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPEC /fiC NOTES :: 1) UNLESS SHOWN O7HERWfSE, ALL D /MEVSIONS ARE DEED(D) AND MEASURE7(M). 2) 517E ADDRESS: 100 SE 10771 AVENUE. 3) PARCEL ID: 2- 22- 37- 35— OA00- 00011 -0000. 4) F./.R.A1. ZONE: ZONE UNDETERMINED, PARCEL LIES Wf7H /N THE OKEECHOBEE CITY LIMITS 5) THIS SURVEY IS NOT INTENDED 70 DEP /CT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) THE DESCRIPTION SHOWN HEREON WAS PROVIDED BY THE CLIENT OR THE CLIENT'S REPRESENTA77I0E. 7) BEARING REFERENCE: THE WEST BOUNDARY LINE OF THE EAST 1/2 OF SEC77ON 22 -37 -35 IS TAKEN 70 BEAR SOUTH 0079'21" EAST. 8) THE ELEVATIONS S7/OWN HEREON ARE BASED ON THE NAT7CNAL GEODE7IC VFACAL DATUM OF 1929 (NGVD 29). 9) SURVEYOR WAS NOT PROVIDED Wf7H ANY 777LE /NFORMA7IAV FOR 771/S PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS SHOW HEREON, IF ANY: THERE MAY BE OTHER EASEMENTS OR RESTRICTIONS THAT EFFECT THIS PARCEL. 10) THE SURVEY DEPICTED HERE /S NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE ADDI77ONS OR DELETIONS 70 SURVEY MAPS 014 REPORTS BY 0771E4 THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WR ITTEN CONSENT OF THE SIGNING PARTY OR PARTIES 11) DA7E OF LAST FIELD SURVEY 01/17/14. PROJECT SPEC /f7C LEGEND: CPP = CONCRETE POWER POLE F.G = FENCE CORNER F7P = FOUND IRON PIPE FIR = FOUND 5/8' /RON ROD F7RC = FOUND 5/8' IRON ROD & CAP FNTT = FOUND NA /L & 77N TAB O.R.B. a OFFICIAL RECORDS BOOK TEL = TELEPHONE PEDESTAL *PP = WOOD POWER POLE WV = WATER VALVE RICDIVM SCALE IN FEET MAP SCALE I INCJ1 - 40 FEET INTENDED DISPLAY SCALE SURVEY BA9E0INE -FOR S . NO. 70 AS PER F.D.D. T. R/w u0p SECTION: 91070 - 2514., SHEETS THROUGH 6 1790 STATE ROAD NO. 70 CRASS LEEDAN NORTH 1/4 su.n. 00-35. FWD OF SECTION 22- 37 -35, FWD "2064" ENO 0000 PRIVACY FENCE ENO CHAINLINN FENCE S 0019.21• F 23.01•(M) CURB W GUTTER) END WOOD PRIVACY FENCE CURB W GUTTER BENCHMARK F.NT. CONCRETE MONUMENT AND BRASS d5K STAMPED " 9U 203 ", EL 22.39' (NGVD 29) M1% MANHOLE (POSSIBLE DRAINAGE) P.O.B. ASPHALT DRIVE CONCRETE SDE NO w000 PRIVACY FENCE 0.1' 5 NEST 3653(D S 80521t w 37 '(C) OHM CPP nRL "2084 —_ CHAINLINN F OHv 2-22- 37- 35 -0A00- 00013 -A000 ROYALS 0 x LUNCH, INC (UNPLATTED, SHOPPING PLAZA) PREPARED FOR THE EXCLUS /VE USE OF. CSW1.4 LLC CE END W000 PRIVACY 9ENC'. END CHAINLINN FENCE .1' ANCHOR D 0000 PRIVACY FENCE END 009209WK FENCE CY FE" 0.3' S P 1 `°09 =905211 W 351.421(M) LIFT STATION 0HARKENK FENCE EET CROSSNC• SIGN 714C "20B4- F.C. 0.6' W 0.3' N 44054'270W SITARY MANHOLE (1RI� F0L 7.❑51(M) END CHAINLINN FENCE CATCH BAS RIGHT 0E WAY LINE FOR S.R. 0. 70 AS PER 19.D.O.T. R/0 DAP SECTION: 91070-2514, S,EETS 1 GIROUGH 6 WEST BOUNDARY UNE OF GOVERNMENT LOT 2 WEST UNE OF EAST 1/2 OF SECTION 0 a 22 -3 -.35 0 O I �. E 0 r 'L\ W. CORNER Of `WPP O.R.B. 209, PG. 451 nR (NO I.D.) MIT 0.6' S 02' 0. 2-22-37-35-0A00-00011-0000 TOTAL PARCEL CONTAINS ±2.73 ACRES (EXISTING TRAILER PARK, INTERIOR IMPROVEMENTS WERE NOT LOCATED AS PART OF THIS SURVEY) SOUTH BOUNDARY LINE OF O.R.B. 209. PG. 451 END W000 PRIVACY FENCE oNv ID 0 40007100 PREVENIER END WOOD PRIVACT FENCE END CHAINLINN FENCE END W000 PRIVACY FENCE ENO CHAWUN0 FENCE EAST 365 —(0) N 89054'319' E 373.63IN/ 2- 22- 37- 35 -0A00- 00012 -0000 MAYS, JANET (UNPLATTED, TRAILER PARK) 0.7' N. MAIN „ fENC ❑ m N 0 0 z OHV T BOUNDARY & TOPO SURVEY 01/20/14 296/87 WC KAB DESCRIPTION DWG. DATE FB /PC BY CK SCALE = 40' DRAWING WUNDER:7 ` SOD/ SHEET / OF 1 1 LEGS END 0 —Set iron Rod and Cap "KAB LS 4820" 0—Found CM 0—Found Iron Rod (and Cap) O —Found Pipe (and Cop) ABBREVIATIONS Et= Bosel,ne; BM =Benchmark; =Centerline; C =Calculated; CAN =Coble N; CM= Concrete Monument: CONC =Concrete; D =Deed: A =Delta or Central Angle: E =East: E'LY=Losterly, E/P =Edge of Pavement: ESMT= Easement: F.9,7,07 =Flood Insurance Rate Map: END- Found: IP =Iron Pipe; IR &(C) =Iron Rod (and ID Cap); L =(Arc) Length; M =Measured: MH- Manhole; 0 =North; N'LY= Northerly, NGV(D) =National Geodetic Vertical (Datum) of 1929; NTS =Not to Scale; OHM-Overhead Wires; R =Properly Line; P =Plot; PC =Point of Curvature; PCC =Point of Compound Curvature: PCP= Permanent Control Point; POB =Point of Beginning; POC =Point of Commencement; PRC =Point of Reverse Curvature: PRM= Permanent Reference Monument; PT =Point of Tangency, PU &D= Public Utilitiy and Drainage; R =Radius: R/W= Right -of -Way. S =South; S'LY =Southerly, 9- Tangent; TEL= Telephone Splice or Switch Box: W =West; WLY= Westerly, UTIL =Utility(ies); jOL =Spat Elevation based on indicated Datum. STANDARD NOTES: 1. No search of the putlic records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. 2. The survey depicted Here Is prepared exclusively for those parties noted. 3. No responsibility or liability is assumed by the surveyor for use by others not speciflcally named. 4. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper' 14820. 5. There are no visible above ground encroachments except as shown. 6. No attempt was made to locate underground improvements and /or encroachments (if any) as part of this survey. 7. This survey was prepr,red in accordance with minimum technical standards established by the Florida Board of Surveyors old Mappers (Chapter 61017 -6, F.A.C.) pursuant to Section 472027, Florida Statutes. nRC '2064 - TIP 1/2" (NO I.O.) D5' N. w 2- 22- 37- 35 -0A00 -00009 -0000 UNITED STATES POSTAL SERMCE (UNPLATIED, POST a'FlCE) TRADEWINDS SURVEYORS 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763 -2887 Fax: (863) 763 -4342 Email: kab.twps @yahoo.com Kenneth A. Breaux, Jr. (PSM 4820) Staff Report Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Carrot Word Petition No.: 14-001-SSA l'fanrling NI‘mal.1,(4»cnt S('n 4*...) k,on "arca `miiv 21;o I km \klk.k. r 2 i9 3366 Ser\ ing Florida 1.0(31 Gmerniiwnic Since 1 98S Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Carrot Word Petition No. 14 -001 -SSA Genera[ Information Owner Applicant Site Address Contact Person Contact Phone Number Contact Email Address Future Land Use Map Classification Zoning District Use of Property Acreage CSW 13, LLC 805 SE 3rd Court Okeechobee, FL 34974 Carrol Word 1080 SE 23rd Street Okeechobee, FL 34974 100 SE 10th Avenue Law Office of Glenn J. Sneider, L.0 863 - 467 -6570 frank @sneiderlaw.com Existing Single Family Residential RMH Mobile Home Park 2.565 acres , ega mes ri trori o Su eai Parcel Identification Number: 2- 22- 37- 35 -0A00- 00011 -0000 Proposed Commercial CHV Mixed Commercial uses 2.565 Acres Legal Description: A parcel of land lying in and comprising a part of government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S. E. 10th Avenue (formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right -of -Way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest center of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in the Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the West right -of -way line of S. E. 10th Avenue (formerly Hancock Street); thence run North along said West right -of -way line for a distance of 315 feet, more or less, to the Point of Beginning. Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Iloi ■,11,11 -r�t� tiin�_ti 1 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Carrol Word Petition No. 14- 001 -SSA Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, FL Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map from Single - Family Residential to Commercial for a 2.565 acre property located at 100 SE 10th Avenue. The property is concurrently being considered for rezoning from RMH to CHV. The property is and has been occupied by a Mobile Home Park for many years. The owner is requesting this Small Scale Plan Amendment (SSA) to allow the property to be developed in commercial use. While the specific mix and scale of uses has not as yet been determined, the rezoning application envisions the possibility of some mix of retail and a restaurant. Adjacent Future, Land Use IVra •x Crass ifications andZanin • Districts . North: Future Land Use Map Classification Zoning District Existing Land Use East: Future Land Use Map Classification Zoning District Existing Land Use: South: Future Land Use Map Classification Zoning District Existing Land Use West: Future Land Use Map Classification Zoning District: Existing Land Use: tint�:uu: Ilcaricia I.:ua1 ,,It rrktr nt• tiinn, I ti Commercial CHV Vacant Commercial CHV and RMF U. S. Post Office Single - Family Residential RMH Mobile Home Park Commercial CHV Shopping Center 2 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Carrol Word Petition No. 14 -001 -SSA 'General, Analysis anct Staff Comments A Qualification for Amendment Based on the size of the property (2.565 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. B. Current Use and Development Potential The property is now used as a mobile home park which, under its current Future Land Use designation, would be permitted to have up to 15 mobile homes. At one time the development was nonconforming by virtue of having considerably more than 15 mobile homes being located on the property. The numbers have been dwindling in recent years and the current owner is in the process of relocating the remaining units. C. Development Potential as Commercial The maximum FAR permissible under the Comprehensive Plan is 3.00. Given the fact that the CHV zoning district limits coverage to 50% and height to 45 feet (four stories), FAR is limited to 2.00 unless a special exception is granted. However, an FAR of even 2.00 is greater than that which could practically be achieved when parking, drainage, and other development requirements are considered. Commercial development in Okeechobee is much more likely to run in the range of an FAR of 0.25 to 0.50. For example, the shopping center to the immediate west is on about 5.5 acres and probably has about 60,000 square foot of net floor area. This represents an FAR of about 0.25. Comprehensive Plar.AnaF sis A. Consistency with the Comprehensive Plan and State and Regional Policy Plans The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. A Goal of the City, as set forth on page 1 of the Future Land Use Element, is to "...maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost." Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property ... ". Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The requested Commercial future land use designation is consistent with the general pattern of commercial uses fronting along SR 70. This location falls within the area 5rYGalt( fknida I 1 taxi -rr ill a ST �in.v N'a5'S 3 Staff Report Applicant's Name: Carrol Word Small Scale Comprehensive Plan Amendment Petition No. 14 -001 -SSA along SR 70 that is considered part of the City's commercial corridor. As such, Staff believes the requested amendment is consistent with the Comprehensive Plan. This is a standard proposal to allow commercial development in an urban location on previously developed urban land and is not inconsistent with State or Regional Policy Plans. B. Adequacy of Public Facilities Potable Water and Wastewater The Applicant has provided a letter from the Okeechobee Utility Authority (OUA) confirming that the Authority serves the property with both water and sewer. While some level of commercial development can certainly be served by the current water and sewer facilities available to the site, because the type and intensity of the uses to be developed on the parcel have not been determined, concurrency for full development of property cannot be guaranteed. When a site plan is submitted for review it will only be approved if OUA has the capacity to provide the needed level of water and sewer services. Roadways The City's adopted level of service standard (LOSS) for SR 70 and US 441/SR 7 is "C" and for local roads is "D ". Based on traffic analyses for nearby commercial development approved in recent years, it would appear that the level of traffic generated by development of the subject property is likely to impact both SR 70 and US 441/SR 7 to only a minor degree, perhaps as little as 5% of the traffic volume associated with level of service "C" for these roadways. SR 70, and US 441 south of SR 70 are presently operating at LOS "F ", the lowest LOS rating and far below the adopted LOSS of "C ". While the additional traffic generated onto these roadways by the proposed project may be insignificant, the Applicant will need to provide a traffic impact analysis at the time of site plan review the results of which may limit the intensity of development. The project will also affect SE 10th Avenue, the impact of which will need to be assessed by the applicant in its site plan submission. Solid Waste The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other major 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. Drainage The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. tier cin:� Ileliiel:r 4 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Carrol Word Petition No. 14 -001 -SSA March C. Environmental Impacts The property has been developed to urban usage and contains no environmentally sensitive areas or other physical attributes that would limit development as a result of environmental concerns. D. Compatibility with Adjacent and Nearby Land Uses The property to the immediate east is the Post Office and the land to the immediate west is a retail shopping center, both of which are compatible with an likely uses to be placed on the property under a Commercial Future Land Use designation. The property to the north is vacant but carries a Future Land use designation of Commercial and is zoned CHV. Commercial use is also certainly compatible with this property. The property to the immediate south is presently a mobile home park with about 20 single - wide mobile homes. The property is also within the commercial corridor and, as with the subject parcel, the current use could be expected to convert to a more intensive use in the future, and either a Multi- Family or Commercial Future Land Use designation would be appropriate. Recammeridattart Given the property's frontage on SR 70; ability to be compatible with surrounding uses; assessment of the availability of public services and facilities, Staff believes the requested amendment to designate the subject property Commercial on the FLUM is consistent with the City's Comprehensive Plan. Consequently, the Staff recommends approval. Submitted by: Wm. F. Brisson, AICP Planning Consultant March 6, 2014 Planning Board Hearing: March 20, 2014 Council Hearing: April 1, 2014 Attachments: Future Land Use Map Zoning Map Aerial photograph with existing land uses Letter from Okeechobee Utility Authority Sesei�ltt 1 -leas icla Ln�;tl t�nti rrn u:� �x. gim0 1 ti 5 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Carrol Word Petition No. 14 -001 -SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS s 1 COMPREHENSIVE PLAN LAND USE I SINGLE - FAMILY In MULTI - FAMILY - COMMERCIAL - INDUSTRIAL 1 PUBLIC FACILITIES RESIDENTIAL MIXED USE Subject Property Serving Florida Local Governments Since 1988 6 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Carrol Word Petition No. 14- 001 -SSA ZONING SUBJECT SITE AND ENVIRONS ZONING - CBD - COMM BUSINESS DISTRICT - CHV - HEAVY COMMERCIAL CLT - LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE I H - HOLDING IND - INDUSTRIAL PUB - PUBLIC FACILITIES PUD- MIXED PUD -R RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOME RSF1 - RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY (2i Serving Florida Local (;avernmenes Since 1988 Subject Property Staff Report Applicant's Name: Carrol Word Small Scale Comprehensive Plan Amendment Petition No. 14 -001 -SSA EXISTING LAND USE SUBJECT SITE AND ENVIRONS Serving Florida Local Governments Since 1988 8 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Carrol Word Petition No. 14 -001 -SSA Letter from Okeechobee Utility Authority E% i t _t 100 SW 5th Avenue Okeechobee, Florida 34974.4221 January 30. 2014 E: 4. ddress: 100 Sr. l 0't' Avenue I'aree; D: 2- 22.37 5- 0A0Q -0OQ11 -0000- 12 To Whorls it May Concern (863) 733 -9460 FAX. (863) 763-9036 This letter will serve to verify that the C)"KJ 1 11 HOHEE L I ILITY AUTHORITY (OUA). services tie above - referenced property with both water and sewer service, The me h0.3e homes within the property are not individually metered but ate serviced through a 2;'rmas+er ureter ser\icing the entire parcel. please let me know should you have questions or require additional information. Sin cre1y, ,. `:tip: T:nwc Office Manage:-, 011A <rr.ing Il: tic 1,, 9 INDEPENDENT NEWSPAPERS OKEECHOBEE NEWS mss. NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street. Suite D, Okeechobee, J J 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, Flofida, that the attached copy of advertisement being a _r: in the matter of Lf in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 146 Affiartt 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, corn - mission or refund for the purpose of securing this advertisemer of publication in the said newspaper. Tom Byrd Sworn to and subscribed before me this -- -day of _. :_ L`- Lt t``' , .L' ' AD Notary Public, State of Florida at Large se : ANGIE BRIDGES _., 41 . «. MY COMMISSION # EE 177653 • y�� EXPIRES: April 20, 2016 p „ gt Bonded Thfu Notary Public Underwriters L 34974 (863) 763 -3134 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the city Council of the Oty of Okeechobee, Florida o will on Tuesday, ASprrl 1, 2014 at 6:00 p.m. or as soon thereafter NEARING to der Mal reading for adoption off the followinngg PUBLIC into law: No. 1109: AN ORDINANCE OF THE CITY OF OKEECHOBEE, 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 RESIDENTIALTO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COM- PREHENSIVE PLAN• PROVIDNG FOR CONFLICT• PROVIDING FOR SEVERABIL TY; AND PROVIDING FOR AN EFFECTIVE DATE. The Ordinance 5 regarding Small Scale Comprehensive Plan Future Land Use Map Amendment Application No. 14- 001 -SSA, submitted by Glenn Sni- der, on behalf of property owner, Carol Word, Registered Agent for CSW 13, LLC, to change, the Future Land Use designation from SF to C for approxi- mately 2.565 acres, located at 100 SE 10th Avenue. The proposed change is to allow for commercial development LEGAL: A PARCEL OF -LAND LYING IN AND COMPRISING A PART OF GOVERNMENT LOT 2 IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST OKEECHOBEE COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE IN- TERSECTION OF THE WEST RIGHT-OF-WAY LINE OF S.E. 10TH AVENUE (FORMERLY HANCOCK STREET) WITH THE SOUTH RIGHT - OF-WAY UNE OF STATE ROAD 70 THENCE RUN WEST ALONG SAID SOUTH RIGHT-OF-WAY LIINEOF STATE ROAD 70 FOR A DIS- BOUCDAR U O FEET, LESS, LOTT 2 IN SECTION 22,2,TOWN- SHIP 37 SOUTH, RANGE 35 EAST; THENCE RUN SOUTH ALONG SAID WEST LINE OF GOVERNMENT LOT 2 FOR A DISTANCE OF 315 FEET TO THE SOUTHWEST CORNER OF A PARCEL 'OF LAND DE- SCRIBED IN OFFICIAL RECORDS BOOK 209, PAGE 451, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA., THENCE RUN EAST, ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 209 PAGE 451, FOR A DISTANCE OF 365 FEET, MORE OR LESS, TO THE WEST RIGHT -OF WAY LINE OF S.E. 10TH AVENUE (FORMERLY HANCOCK STREET); THENCE RUN NORTH ALONG SAID WEST RIGHT -OF -WAY FOR A DISTANCE OF 315 FEET! MORE OR LESS, TO THE POINT OF BEGIN - NING.BENG THE SAME PROPERTY DESCRIBED IN THOSE CER- TAN'INSTRUMENTS RECORDED IN OFFICIAL RECORDS BOOK 209, PAGE 451; OFFICIAL RECORDS BOOK 224, PAGE 733 AND OF- FICIAL RECORDS BOOK 239, PAGE 1391, AU. BEING IN THE PUB- LIC RECORDS OF OKEECHOBEE COUNTY FLORIDA. LESS AND EXCEPT THAT PROPERTY SUBJECT TO THE ORDER OF TAKING IN FAVOR.OF FLORIDA POWER AND LIGHT COMPANY. RECORDED IN OFFICIAL RECORDS BOOK 391, PAGE 1874, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. All members of the public are encouraged to attend and participate in said Heating. The proposed ordinarhke may be Inspected in Is entiretyby mem- bers of the pubhc at the Office of the Oty Oerk during normal business hours, Mon -Frl, 8:00 AM -4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par - tidpate In this proceeding, contact the City Clerks Office no later than two business days prior to proceeding, 86p3p -o 7663 -3372. any on the BE ADVISED that shoukl you intend to show any document, picture, ag ienda copy the document, ppfctre, video, or MUST be provided to the (ity Clerk for the City's records. by James .E. Kirk, Mayor Lane Gamiotea, CMMCC, City Clerk • 464015 ON 3/21/2014 ORDINANCE NO. 1110 Exhibit 2 April 1, 2014 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME TO HEAVY COMMERCIAL 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, Attorney Glenn J. Sneider, on behalf of the property owner(s), Mr. Carrol Word, Registered Agent for CSW 13, LLC, has heretofore filed Petition No. 14-001 - R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 2.565 acres from Residential Mobiel Home (RMH) to Heavy Commercial (CHV) 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 consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on March 20, 2014, determined that such petition is consistent with the Comprehensive Plan; 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 2.565 acres, as the subject property, located in the City of Okeechobee, to -wit: LEGAL: A PARCEL OF LAND LYING IN AND COMPRISING A PART OF GOVERNMENT LOT 2 IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF S.E. 10' AVENUE (FORMERLY HANCOCK STREET) WITH THE SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 70, THENCE RUN WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE OF STATE ROAD 70 FOR A DISTANCE OF 365 FEET, MORE OR LESS, TO A POINT ON THE WEST BOUNDARY LINE OF GOVERNMENT LOT 2 IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST; THENCE RUN SOUTH ALONG SAID WEST LINE OF GOVERNMENT LOT 2 FOR A DISTANCE OF 315 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 209, PAGE 451, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN EAST, ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 209, PAGE 451, FOR A DISTANCE OF 365 FEET, MORE OR LESS, TO THE WEST RIGHT -OF -WAY LINE OF S.E. 10' AVENUE (FORMERLY HANCOCK STREET); THENCE RUN NORTH ALONG SAID WEST RIGHT -OF -WAY FOR A Ordinance No. 1110 - Page 1 of 2 DISTANCE OF 315 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY DESCRIBED IN THOSE CERTAIN INSTRUMENTS RECORDED IN OFFICIAL RECORDS BOOK 209, PAGE 451; OFFICIAL RECORDS BOOK 224, PAGE 733 AND OFFICIAL RECORDS BOOK 239, PAGE 1391, ALL BEING IN THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LESS AND EXCEPT THAT PROPERTY SUBJECT TO THE ORDER OF TAKING IN FAVOR OF FLORIDA POWER AND LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK 391, PAGE 1874, OF THE 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 Mobile Home (RMH) to Heavy Commercial (CHV). 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 become effective thirty -one (31) days after its adoption if the associated Comprehensive Plan Amendment (14 -001 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 1St day of April, 2014. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 15th day of April, 2014. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1110- Page 2 of 2 AGENDA V. PUBLIC HEARING CONTINUED. QUASI- JUDICIAL ITEM: B. Petition No. 14 -001 -R submitted by Glenn J. Sneider, Agent on behalf of property owner, CSW 13, LLC, is requesting to rezone from Residential Mobile Home to Heavy Commercial on an unplatted 2.565 acre parcel, located at 100 SE 10`h Avenue (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14 -001 -R wit be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. MARCH 20, 2014 - PLANNING BOARD - PAGE 4 OF 7 ACTION - DISCUSSION - VOTE Rezoning Petition No. 14- 001 -R, was submitted by Attorney Sneider of the Law Office of Glenn J. Sneider, L.C., on behalf of the property owner, Mr. Carrol Word, Registered Agent, for CSW 13, LLC. They are requesting to rezone from Residential Mobile Home to Heavy Commercial on an unplatted 2.565 acre parcel, located at 100 Southeast 10 "h Avenue. This petition is for the same property as the item previously considered and recommended by the Board, Comprehensive Plan Amendment Application No. 14- 001 -SSA. This being a quasi - judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, responded affirmatively, and stated their name and address for the record: Bill Brisson, Senior Planner, LaRue Planning and Management,1375 Jackson Street, Suite 206, Fort Myers, Florida. Mr. Brisson reviewed the petition and his recommendation for approval, based on the findings within the Planning Staff Report. CSW 13, LLC purchased the property in December of last year. It was occupied as a Mobile Home Park for many years. According to the petition, the owner envisions to develop the property for commercial uses such as a mix of retail and a restaurant. AGENDA V. PUBLIC HEARING CONTINUED. QUASI- JUDICIAL ITEM: B. Petition No. 14 -001 -R submitted by Glenn J. Sneider, Agent on behalf of property owner, CSW 13, LLC, is requesting to rezone from Residential Mobile Home to Heavy Commercial on an unplatted 2.565 acre parcel, located at 100 SE 10`h Avenue (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14 -001 -R will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. MARCH 20, 2014 - PLANNING BOARD - PAGE 4 OF 7 ACTION - DISCUSSION - VOTE Rezoning Petition No. 14- 001 -R, was submitted by Attorney Sneider of the Law Office of Glenn J. Sneider, L.C., on behalf of the property owner, Mr. Carrot Word, Registered Agent, for CSW 13, LLC. They are requesting to rezone from Residential Mobile Home to Heavy Commercial on an unplatted 2.565 acre parcel, located at 100 Southeast 10cn Avenue. This petition is for the same property as the item previously considered and recommended by the Board, Comprehensive Plan Amendment Application No. 14- 001 -SSA. This being a quasi - judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, responded affirmatively, and stated their name and address for the record: Bill Brisson, Senior Planner, LaRue Planning and Management,1375 Jackson Street, Suite 206, Fort Myers, Florida. Mr. Brisson reviewed the petition and his recommendation for approval, based on the findings within the Planning Staff Report. CSW 13, LLC purchased the property in December of last year. It was occupied as a Mobile Home Park for many years. According to the petition, the owner envisions to develop the property for commercial uses such as a mix of retail and a restaurant. AGENDA V. PUBLIC HEARING QUASI - JUDICIAL ITEM CONTINUED. B. 3. Hear from the Property Owner or designee /agent, Rezoning Petition No. 14- 001 -R. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a motion to recommend the City Council approve or deny petition. MARCH 20, 2014 - PLANNING BOARD - PAGE 5 OF 7 ACTION • DISCUSSION • VOTE Attorney Sneider, whose law office is located at 200 Southwest gth Street, Okeechobee, was present to respond to questions, along with Mr. Word, of 1080 Southeast 23rd Street. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There was none. The petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to nine surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to the applicant or anyone else regarding the application as well as whether they had visited the site. In addition to the previous disclosures made in during the consideration of Public Hearing item "A," for Application No. 14- 001 -SSA, Board Member McCoy disclosed that he spoke with Mr. McMillan, Park Manager for the mobile home park located to the South at 104 Southeast 10th Avenue, owned by Ms. Janet Mays, who conveyed they had no objections to the requested rezoning change. Planning Staffs findings are as follows: As previously noted, the rezoning is being addressed concurrently with the Future Land Use Map amendment, which Planning Staff and now the Planning Board, has recommended for approval. The proposed rezoning would be consistent with the Comprehensive Plan, should Application No. 14- 001 -SSA be adopted. The proposed use is specifically authorized under the zoning district, and will not have an adverse effect on the public interest as the surrounding uses are commercial in nature. The proposed use is appropriate for the location, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. To the North (across Park Street) the existing use is vacant, with a Commercial Future Land Use, and Heavy Commercial zoning. The existing use to the East is the Post Office, with a Commercial Future Land Use, and a zoning of Heavy Commercial and Residential Multiple Family. To the South is a mobile home park with approximately 20 units, with a Single- Family Residential Future Land Use, and Residential Mobile Home Zoning. Finally, to the West is a retail shopping center, with a Future Land Use of Commercial and Heavy Commercial zoning. 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 replacement of a nonconforming mobile home park will act to improve the likelihood that property values will be beneficially affected and improve the potential of redevelopment of adjacent properties. AGENDA V. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. B. 6. a) Consider a motion to recommend the City Council approve or deny Petition No. 14 -001 -R continued. MARCH 20, 2014 - PLANNING BOARD - PAGE 6 OF 7 ACTION - DISCUSSION - VOTE Planning Staff Report Findings continued, in regards to the proposed use being able to be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood will need to be determined and addressed during site plan review. Preliminary, it would appear that the only area likely to require buffering would be the mobile home park to the South. The proposed commercial uses should not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Noting however there are several issues that will have to be adequately addressed during site plan review. A letter was provided from the Okeechobee Utility Authority to confirm potable water and wastewater could be provided for a commercial development. Based on the approved traffic analysis for nearby commercial development, it appears the level of traffic generated by the proposed development will have a minimal impact on North Park Street and Parrott Avenue (U.S. Highway 441). Both the State Road 70, and Highway 441 South are presently operating at a level of service "F" which is the lowest level rating, their adopted level of service standard is a "C." However, Planner Brisson noted in the findings that the applicant will need to provide a traffic impact analysis at the time of site plan review. The analysis wit need to include the impact to Southeast 10`h Avenue in addition to the State and Federal roadways. The results of this analysis may limit the intensity of the commercial development for this property. Regarding solid waste, the County recently confirmed a considerable level of excess capacity to serve the solid waste disposal needs in the City. The proposed development will be required to address, during site plan review, that it meets all drainage standards required by the City and South Florida Water Management District (SFWMD). The proposed use has not been inordinately burdened by unnecessary restrictions. Board Member Burroughs made a motion, seconded by Board Member Ritter, based on Planning Staff's findings and recommendation, to recommend the City Council approve Petition No. 14- 001 -R, submitted by Attorney Sneider, on behalf of property owner, CSW 13, LLC, to rezone an unplatted 2.565 acre parcel, located at 100 Southeast 10`h Avenue, from Residential Mobile Home to Heavy Commercial. Legal description as follows: A parcel of land lying in and comprising a part of Government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right -of -way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Govemment Lot 2 in Section 22, Township 37 South, Range 35 East; Thence run South along said West line of Govemment Lot 2 for a distance of 315 feet to the Southwest corner of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of and described in Official Records Book 209, Page 451, for a distance of 365 feet, (continued) AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 6. a) Consider a motion to recommend the City Council approve or deny Petition No. 14 -001 -R continued. b) Board discussion. c) Vote on motion. MARCH 20, 2014 - PLANNING BOARD - PAGE 7 OF 7 ACTION - DISCUSSION - VOTE more or less, to the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street); thence run North along said West right -of -way for a distance of 315 feet, more or less, to the Point of Beginning. Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, Florida. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCREARY - YEA BURROUGHS -YEA BAUGHMAN - YEA BRASS - YEA MCCOY - YEA RITTER - YEA CREASMAN - N/A MOTION CARRIED. The recommendation for Petition No. 14 -001 -R will be forwarded in ordinance form, to the City Council to be considered for First Reading on April 1, 2014, and for Adoption on April 15, 2014 at a Public Hearing. City General 55 Okeechobee, Phone: Fax: of Okeechobee Services Department P S.E. 3rd Avenue, Room 101 Florida 34974 (863) 763 -3372 Ext. 218 (863) 763 -1686 Date: I.9 j_1L Petition No. ' -� Fee Paid: � ..3i i, l LI Jurisdiction: /3f: ec 1St Hearin 2nd g 3' �p �� 2 Hearing - r fit-[ Publication Dates: t -1(_ A Notices Mailed: 3--6 -1.4 Rezone, Special Exception and Variance APPLICANT INFORMATION 1. Name of Property owner(s): CSW 13, L.L.C. 2. Owner mailing address: 805 SE 3`d Court Okeechobee, FL 34974 3. Name of Applicant(s) if other than owner: Carrol Word 4. Email address: glennsneider@gtnail.com and frank @sneiderl.aw.com 5. Name of contact person: Glenn J. Sneider, Esq. as attorney for applicant 6. 7. Contact person daytime phone(s): (863) 467 -6570 PROPERTY INFORMATION Property address /direction to property: 100 SE 10th Avenue Okeechobee, Fl 34974 8. Describe current use of property: Mobile Home Park 9. Describe improvements on property (number /type buildings, dwelling units, occupied or vacant, etc.: 7 occupied mobile homes and 9 vacant mobile homes Source of potable water: City '.: ! Method of sewage disposal: City 10. Approx. acreage: 2.565 Is property in a platted subdivision: No 11. Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No. 12. Is a pending sale of the property subject to this application being granted? No. 13 Describe uses on adjoining property to the: North: Vacant East: Post Office South: Mobile Home Park West: Shopping Center 14. Existing zoning: Residential Mobile Homes Future Land Use Classification: Commercial 15. Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? No. Request is for: Rezone to CVH 16. 17. Parcel Identification Number: 2- 22- 37 -0A00- 00011 -0000 18. Applicant's statement of interest in property: Fee Simple Owner 19. Non - refundable application fee: Rezoning $850.00 plus $30.00 /acre; Special Exception:$500.00 plus $30.00 an acre; Variance $500.00 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges: When the costs 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: January 9, 2014 21. Notarized letter of consent from property owner (if applicant is different from property owner) 22. Three property surveys (one no larger than 11 x 17) containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number. b. Legal description 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 the 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 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 denial of this application. Printed Name Date )yy FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS 1.. The proposed rezoning is not contrary to Comprehensive Plan requirements. The Future Land Use Map changed to Commercial is consistent with the zoning change requested, and will enhance and provide rehabilitation to the property with its highest and best use. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. It is anticipated that its specific use will be as a retail establishment which may include a restaurant and as such, the proposed use is consistent with and authorized for the request for zoning. 3. The proposed use will not have an adverse effect on the public interest. The proposed use will not have an adverse effect on the public use in that the surrounding uses of the other properties are commercial in nature and the proposed use is consistent with the surrounding properties. 4. The proposed use is appropriate for the location, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. See answer to Question number 3. 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. See answer to Question number 3. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The proposed use is consistent with the uses us the surrounding properties and any development will be consistent with the surrounding uses as it relates to any nuisance or possible hazard. 7. The proposed use will not create a density pattern that would overburden public facilities as schools, streets and utility services. Since the use will be consistent with the surrounding uses there is no expectation in any increase in any public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Since the use will be consistent with the surrounding uses there is no expectation in any increase in any public facilities. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. There is no knowledge of any restrictions that inherently burden the property. Prepared by and return to William J. Gardner, PA 7280 W Palmetto Park Rd Suite 208N Boca Raton, FL 33433 File Number: 10644 N1MR123726 Will Call No.: F =LE NU lug il1���{I fOO2 4 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 01/09/2014 01 :13 :29 P11 At1T 5278.910.00 RECORDING FEES $27.00 DEED DOC $1.953.00 RECORDED BY 11 P i n on Pss 152 - 154; (3 ass) Consideration: $278,910.00 Case Na11- 60033- CR- COOKE(s) [Space Above This Line ibr Recording Dal United States Special Warranty Deed This Indenture, made this day of November, 2013, between UNITED STATES OF AMERICA, whose post office address is c/o Matt Martin Real Estate Management, LLC, 2801 Network Boulevard, Suite 500, Frisco, Texas, 70534, grantor, having divested title pursuant to and in accordance with the terms of the Final Order of Forfeiture entered on the 24th day of August, 2012, by the United States District Court for the Southern District of Florida, and filed January 28, 2013 in Official Records Book 725, Page 531 and, Official Records Book 725, Page 542, Public Records of Okeechobee County, Florida, in the case of UNITED STATES OF AMERICA v. VIncent Colangelo ,and United States of America! v Rachel Bass Case No.11- 60033- CR- COOKE(S) and CSW 13, L.L.C., a Florida Limited Liability Company whose post office address is: 805 SE 3M Court, Okeechobee, Florida 34974, grantee: (Whenever used herein the terms *manor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS (310.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to-wit A parcel of land lying in and comprising a part of government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right-of-way line of S. E. 10th Avenue ( formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right-of-way line of State Road 70 for a distance of 365 feet, snore or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest corner of a parcel of land described In Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the West right-of-way line of S. E. 10th Avenue (formerly Hancock Street); thence run North along said West right-of-way line for a distance of 315 feet, more or less, to the Point of Beginning. Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the DoubteThnee Book741 /Page152 CFN #2014000234 Page 1 of 3 Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, Florida. Tax Folio Nu. 2- 22- 37- 35 -0A00- 00011 -0000 SUBJECT TO: 1. Zoning and other governmental rules, regulations and ordinances. 2. Restrictions, covenants, conditions, easements and other matters of record. 3. Taxes and assessments subsequent to December 31, 2014. Together with all the•teitements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple fbrever. And the grantor hereby covenants to specially warrant title to the property hereby conveyed against any claim or action arising for the federal case styled United States of America v. Vincent Colangelo and Rachel Bass, Case No.11- 60033»CR•COOKE(s), decided in the United States District Court for the Southern District of Florida, the Final Order of Forfeiture dated August 24, 2012 and as and recorded January 28, 2013 in Official Records Book 725, Page 531 and Official Records Book 725, Page 542, Public Records of Okeechobee County, Florida. 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 Iawfld authority to sell and convey said land; that the grantor hereby fully warrants the title to said land only, and not any mobile homes, if any, and will defend the same against the lawful claims of all persons claiming by, through or under the grantors. In Witness Thereof, grantor has hereunto set grantor's hand and seal the day and year fast above written. Signed, sealed and delivered in the presence of: CORPORATE SEAL Special Warranty Deed - Page 2 Case No.11- 60033- CR- COOKE(s) Asset Forfeiture Unit Doubl4Tlane" Book741 /Page153 CFN #2014000234 Page 2 of 3 State of U -and". County of • r4amt. - kQ.i e..-) SS Below me, the undersigned authority , this 442 day of Ate, , 2013, personally appeared, gicda LA M J t T e.9.:t as the prrperani M65tiP on behalf of United States of America, he/she acknowledged to me that he/she executed the foregoing strument or�pu purposes and consideration therein expressed. He/She is personally known to me Seal: No Public State of My Commission Expires: Spectat Wmronry Peed - Page 3 t?oubisT i # Book741 /Page154 CFN #2014000234 Page 3 of 3 JJ O_C. J EA.veuue Okeechobee, FL 34974 Tele: 863 -763 -3372 Fax: 863- 763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): CS \N1 (3, L . L Mailing Address: C/0 Lc, v..) Occk( Ole G (2.ttn , Sne: cL (' 2o 5'J 96- '4r' t-N 0 r;f,e0,(1k4aig 11 i/i Home Telephone: C; t) it,-7 --(j ?o Work: Cell: Property Address: 10 0 SE 1 ©IS- Nk ate2G,nW tela, 3 1.4 7)9 Parcel ID Number: - — 3)-55-- O A o o - O d o l' ._.. O O ® 0 Name of Applicant: G 1. C nn Sn,..,,e.. Cell: Home Telephone: C.3010470Work: The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF DAY OF;VG� Ac+t 2011, THE UNDERSIGNED HAVE SET THEIR H ND AND SEALS Tl IIS '30.1" �� 4,449 ' - Cs i3I-G 62e.,-41" OWNER- /31,,91,rbe.,s h,,,e. WITNESS go ,), .. )444,..,. 1 OWNE.R Before me the undersigned acknowledged before me that power of attorney fo the purpose Notary . Public: \. authority they WITNESS 7{YPy` personally appeared the owner(s) named above who upon being duly sworn are the owner(s) of the real property describel3above and that they executed the stated therein. Sworn and subscribed this3o --day of ' j ;tvN61 •1 2613. .4 .p.IN, FRANKLIN O.FNCKOX,JR. D * - , 8 ; * MY COMMISSION A FF 00753 r. EXPIRES:April 14, 2017 SEAL y:f,eivro. Bonded ThruBudgd Notary Strikes Commission Expires: 41 Lf J 2 o'17 (Rev 01/12) Page 5 of 11 PIN_DSP 2- 15- 37- 35 -0A00- 00007 -0000 2- 15- 37- 35 -0A00- 00008 -A000 2- 22- 37- 35 -0A00- 00009 -0000 2- 22- 37- 35 -0A00- 00011 -0000 2- 22- 37- 35 -0A00 -00012 -0000 2-22-37-35-0A00-00013-A000 3- 22 -37 -35 -0220- 00000 -0100 3- 22- 37 -35- 0250- 00000 -0010 3- 22- 37 -35- 0280- 00010 -0060 3- 22- 37 -35- 0280- 00010 -0070 OWNER_NAME H2OLDINGS LLC BROWNING T R & SANDRA K UNITED STATES POSTAL SERVICE CSW 13 LLC MAYS JANET ROYALS 0 K LUNCH INC SANDOVAL EFRAIN DOMER RAY RUSSELL & CYNTHIA W HOWARD TAMMY T HEDRICK OLIE H & DONNA LEA within_300, 1!30/2014, Page 1 ADDRESS_1 %DONALD J HACKL 1177 ACCESS ROAD BHR 4000 DEKALB TECNOLOGY PARKWAY 805 SE 3RD CT 2679 SE 18TH TER 324 SW 16TH ST 260 NE 29TH STREET 204 SE 10TH AVE 2140 NE 39TH BLVD 819 SE 3RD ST ADDRESS_2 CITY_NAME ST ZIPCODE 1534 WALNUT AVE WILMETTE IL 600910000 OKEECHOBEE FL 34974 BUILDING 500 SUITE 550 ATLANTA GA 30340 OKEECHOBEE FL 34974 OKEECHOBEE FL 349740000 BELLE GLADE FL 334302824 POMPANO BEACH FL 33064 OKEECHOBEE FL 349744568 OKEECHOBEE FL 349720000 OKEECHOBEE FL 349740000 Petition No. /14-001– Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of / -- 30 - Jy , and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this 3 0 day of aii„ei 4,1 Signature of Applicant CcLr L001-. . Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and scribed before me this 2e)day of Ja►� -- 2bJy Date , 020N Personally known to me a— or produced as identification and did not take an oath. Notary Public, State of Florida (Rev 01/12) Seal: yeti r.ci; *, DEBRA C, CONRQY .: • :.= Commission # FF 042.216 • r% ��t Expires August 1 •2011' AC,tt�''�, Bonded iryu troy Fae, idew,110 e00ae5.7019 Page 3 of 11 GIS / MAPPING DEPARTMENT OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. "BILL" SHERMAN, PROPERTY APPRAISER _J SR 70 E 3 2 1 5 4 7 6 9 10 8 11 12 13 2 \ W z 3 2- 22- 37- 35 -0A00- 00013 -A000 ROYALS 0 K LUNCH INC 324 SW 16TH ST BELLE GLADE FL334302824 6 \ 5 4 Legend SUBJECT PROPERTY WITHIN 100 10 11 SE 3RD CT 16 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON 12 15 7 i 8 9 13 14 2- 22- 37- 35 -0A00 -00011 -0000 CSW 13 LLC 805 SE 3RD CT OKEECHOBEE FL34974 2- 22- 37- 35 -0A00 -00012 -0000 MAYS JANET 2679 SE 18TH TER OKEECHOBEE FL349740000 2 3 4 5 6 7 E 8 9 10 E 10TH AVE 7 8 9 2- 22- 37- 35 -0A00- 00009 -0000 UNITED STATES POSTAL SERVICE 4000 DEKALB TECNOLOGY PARKWAY BUILDING 500 SUITE 550ATLANTA GA30340 31 30 29 28 27 26 25 24 23 22 21 20 19 18 3 4 23 5 6 7 8 9 10 11 12 13 ANGELA JONES- FOWLER, G /SP 1 inch = 183 feet 2. 2 2( 11 1 tf 14 BOUNDARY & TOPOGRAPHIC SURVEY PREPARED OFF.SCR /P710N: (0177041 RECORDS 80012 682 PAGE 7131) A PARCEL Or LAND 1571/0 N AND COMPRISING A PART OF COY£RNMENT LOT 2 IN SEC770W 22 70NNSHIP J7 SOUTH, RANGE 35 EASE OKEE010 17 COUNTY; FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT 777E NTERSEC770N Or THE NEST RIGHT— Or—WAY UNE Cr SE. 10771 AVE2NUE (FORMERLY HANCOCK S777E57) 8777 THE SOUTH RIGHT— Or—WAY UNE Or 57477 ROAD 7q- THENCE RUN NEST ALONG SAID 50(1771 RIGHT—OF—WAY LINE OF STATE ROAD 7/2 FOR A DISTANCE OF 365 FEET, MORE OR LESS 70 A PANT ON THE 44E57 BOUNDARY UNE Or GOVERNMENT LOT 2 N 5£C770V 2Z 7UNNSH/P 37 SOU771, RANGE 35 E ASP, THENCE RUN SOU771 ALONG SAID NEST LINE OF GOVERNMENT LOT 2, FOR A DISTANCE OF 315 FEET TO THE SO/75N£3T CORNER OF A PARCEL OF LAND DESCRIBED N 0.5 BOAS 209, PAGE 451, PUBLIC RECORDS Or OKEECHO9EE COUNTY, FLORIDA- PIERCE RUN EASE ALONG THE SOVIET/ BOUNDARY UNE Or SAO PARCEL Or LAN DESCRIBED N 0.8. BOOK 209, PAGE 451, FOR A DISTANCE Cr 365 FEET, MORE OR LESS 70 771E NEST R/C7HT- 0r—W47 UNE Cr SE 70771 AVENUE ( F0RMERLY HANCOCK STREE); PIERCE RUN NORTH ALOWC SAID NEST RIGHT— Or—WAY UNE FOR A DISTANCE Or 315 FEET, MORE OR LESS 70 771E PANT OF BEGINNING BONG THE SAME PROPERTY DESCRIBED N THOSE O'ERTAN INSTRUMENTS RECORDED N OR. BOAS 209, PAGE 4.51; OR BOOK 224. PAGE 733 AND O.R. BOOT' 239, PAGE 1391, ALL BONG N 771E PUBLIC RECORDS OF OKEEC71098E COUNTY, FLORIDA. LESS AND EXCEPT 771AT PROPERTY SJB,ECT 10 THE ORDER O- TAKING N FAIR Or FLORIDA P01107 AND LIGHT COMPANY RECORDED N OFFICIAL RECORDS BOO: 391, PACE 1874, PUBLIC RECORDS Or OKEE0HARE£ COUNTY, FLORIDA PROJECT SP£GRC N07ES: 1) UNLESS 57LO1N 0IHERNL5E: ALL AL/ENSI0VS ARE DEED(D) AND MEASURED(M) 2) 5775 ADDRESS 100 SE 10771 AVENUE J) PARCEL /D: 2- 22- 37- 35 -0A0 0- 047011 -0000. 4) F. /.RII. ZONE:- ZONE UNDETERMINED, PARCEL LIES WREN 7715 OKE5CHOBEE 0TY UANTS 5) THIS SURVEY IS NOT WENDED 70 DER /CT ,A/R/51 /CTONAL AREAS OR 077IEA AREAS Or 10041 CONCERN. 6) 7715E DESCRIPTION SHOWN HEREON WAS PROVIDED BY THE CLIENT OR 771E 0/ENT's REPRES£NTA77V£ 7) BEARING REFERENCE- 771E NEST BOUNDARY UNE OF 771E EAST 1/2 OF SEC770N 22-37-35 IS TAKEN 70 BEAR SOU771 007921" EASE 8) 7715 EL£VA1CINS SHOWN HEREON ARE BASED ON THE NA2OWAL GEODE7/C 1177CAL DAT7111 O- 1929 (NGVD 29). 9) 5T/5/SYOR WAS NOT PROVIDED W771 ANY 7771E INFORMATION FOR 771/5 PARCEL, 51UR1EYOR ASSUMES NO RESPONDS/WY OR LIABILITY FDR 7715 ACCURACY OF EASEMENT DIMENSIONS &VONW HEREON, E ANY THERE MAY BE 077187 EASEMENTS OR RESIR /COONS /HAT EFICT THIS PARCEL 10) THE 5T/R1EY DEPICTED HERE /S NOT COVERED BY PROFESSIONAL LIABILITY NS/RANCE ADDITIONS CR DELE77ANS 70 SURVEY MAPS 0R REPORTS BY 0771E7 771AN THE SATING PARTY OR PARTIES /5 PROHIBITED W7710(177 NR /TTEN CONSENT OF 771E SIGN ING PARTY OR PARTIES 11) DATE OF UST F7E10 SURVEY: 0117/14. PRO„LCT SPEC /RC LEGEND: LIP = CONCRETE POWER PLYE 7C = FENCE CORNER F/P = FOUND NON PIPE FN = FOND 5/8" NON RAO F7RC = FOUND 5/8* IRON ROD .5 CAP FNTT = FOUND NAIL h 77N TAB 0..5..E — 0770AL RECORDS 80OK 7F1. = TELEPHONE PEDESTAL NPP = 8000 POND? PG(E WV = WATER VALVE FOR CSW13, LLC SR W z61.az'IMI N 44.64/27. w 1 7.06'141 At (uw r E avnwc r s70 PRFPARFD FOR THE FXCLUS /V£ USE 0F,' CSW12 LL0 1313170 T L RCE CONTAINS 22.70 ACRES [EXISTING TRAILER PARK. INTERIOR IMPROVEMENTS WERE SOT LOCATED AS PART OF THIS o- EAST 365![O e1 N B9 5438 E 373.63'141 d ILO; JANET (411.1,1103. TAam PM() BOUNDARY & TOPE SURVEY 01/20/14 298/87 WC KAB DESCRIPTION DWG. 0.17E /WPC BY CA' SCALE A^ 1 s o 40' DRAWING NORBERT 28007 J SHEET ■ > or LEGEND 0-Set Iron Rod ond Cap '/48 LS 4820' •-Found CN •-Frond Ron Rod (Odd Cap) O -Found Ppe (and Cop) ABBREVIATIONS a°';:ca``na..,.me. gip` sNC)- xenfnb (137113 �Iwelie, .71 p we r 'STANDARD 6011.5 1. No search of Me Pnar records far determination of ownership or restrictions effecting the lands 2_ 19 arm performed ephtete,�:Ue ,p.,,8 y d prepared by twly ry Nose parties b noted. 0. No responsibility without or a signature h assumed ed by the wrwyer la use by licensed su not send map nomad. V- Nat wild so Mi le ow ground and embossed awl c pt as wrwyar and mapper 14.820. s. there ere no m mo Mow >weE wawNmenG ovicept a. Mown. 6. No atternpl w de to locate underground improvements and/or anr+wdanmts Of any) 1313 Dart of T. This survey was Ph/Pared n aecurdanee Mtyl rninWum technical standards 7stabli had by Me Florida Beard of Surveyors and Yappers (Chapter 61017 -6, F.AC.) pursuant to Section 472027, n stotate. TRADEWINDS SURVEYORS 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763 -2887 Fax: (863) 763 -4342 Emell: kab.twpseyahoo.com Kenneth A. Breaux, Jr. (P61A 4820) 1 ,/ BOUNDARY & TOPOGRAPHIC SURVEY PRRPAR /,D FOR CSWJ 3, LLC DESCRIPTION. - (OFF7C/AL RECORDS BOOK 682 PAGE 1131) A PARCEL OF LAND LYING IN AND COMPRISING A PART OF GOVERNMENT LOT 2 IN SEC710N 2Z TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE- COUNTY, FLORIDA, BEING MORE PAR77CULARLY DESCRIBED AS FOLLOWS- BEGINNING AT 77IE /N7ERSEC77ON OF 7HE HEST RIGHT- OF-WAY UNE OF SE. 1077/ A VENUE (FORMERLY HANCOCK STREET) H177-1 THE SOUTH RIGHT -OF-WA Y UNE OF STATE ROAD 70; 7HENCE RUN WEST ALONG SAID SOUTH RIGHT-OF-WAY UNE OF STA 7E ROAD 70, FOR A D /STANCE OF 365 FEET, MORE OR LESS 10 A POINT ON 7HE WEST BOUNDARY UNE OF GOVERNMENT LOT 2 IN SECTION 22, 70WNSH /P 37 SOUTH, RANGE 35 EAST THENCE RUN SOUTH ALONG SAID WEST UNE OF GOVERNMENT LOT 2 FOR A DISTANCE OF 315 FEE 170 THE SOU71WEST CORNER OF A PARCEL Of LAND DESCRIBED IN O.R. BOOK 209, PAGE 451, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN EAST, ALONG THE SOU7H BOUNDARY UNE OF SAID PARCEL OF LAN DESCR /BED IN O.R. BOOK 209, PAGE 451, FOR A DISTANCE OF 365 FtLT, MARE OR LESS 70 THE HEST RIGHT-OF-WAY UNE OF SE. 10771 AVENUE (FORMERLY HANCOCK STREET); THENCE RUN NAR7H ALONG SAID HEST RIGHT-OF--WAY UNE FOR A D /STANCE OF 315 FEET, MORE OR LESS 70 7HE POINT OF BEGINNING BEING 7HE SAME PROPERTY DESCR /BED IN 7HOSE CERTAIN /NSJRUMEN7S RECORDED IN O.R. BOOK 209, PAGE- 451; O.R. BOOK 224, PAGE 733 AND O.R. BOOK 239, PAGE 1391, ALL BEING IN THE PUBUC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LESS AND EXCEPT THAT PROPERTY SURECT 70 7HE ORDER OF TAKING IN FAVOR OF FLORIDA POWER AND LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK 391, PAGE 1874, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPEC /FTC NOTES: 1) UNLESS SHOWN O7HERHLSE,' ALL DIMENSIONS ARE DEED(D) AND MEASURED(M) 2) SITE ADDRESS 100 SE 10TH AVENUE. 3) PARCEL /D: 2- 22- 37- 35- OAOO- 00011 -0000. 4) F..LR.M. ZONE. ZONE UNDL !ERMINED, PARCEL LIES H1THIN 7HE OKEECHOBEE C/TY UM /7S 5) 771 /S SURVEY IS NOT INTENDED TO DEP /CT JURISDICTIONAL AREAS 01? O7HER AREAS OF LOCAL CONCERN. 6) 7HE DESCR /P770N SHOW HEREON WAS PROVIDED BY THE CLIENT OR THE CLIENT'S RfPRLSENTA IIVE. 7) BEARING REFERENCE. THE HEST BOUNDARY UNE OF THE EAST 1/2 OF SEC7ION 22 -37 -35 IS TAKEN 70 BEAR SOUTH 007921' EAST. 8) 7HE ELEVA77LNS SHOW HEREON ARE BASED ON THE NA77ONAL GEODE77C IET7CAL DA7UM OF 1929 (NGVD 29). 9) SURVEYOR WAS NOT PROVIDED Hf771 ANY 777LE INFORMATION FOR 77//S PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR 771E ACCURACY OF EASEMENT D IMENSIONS SHOWN HEREON, IF ANY. THERE MAY BE 07HER EASEMEN7S 01? RES7R /C77ONS 77/AT tttLCT 77//5 PARCEL 10) THE SURVEY DEP/C7ED HERE IS NOT COVD?ED BY PROFESSIONAL UAB/UTY INSURANCE ADD /77OWS OR DELE77ONS 70 SURVEY MAPS OR REPORTS BY 0771ER 77/AN 77/E SIGNING PARTY OR PAR77ES IS PRA'! /B/7ED W77-/OUT Wfi /!!LN CONSENT OF 771E SIGNING PARTY 01? PAR77ES 11) DAM- OF LAST FIELD SURVEY: 01/17/14. PROJECT SPEC/F7C LEGEND; CPP = CONCRETE POSER POLE F.C: = FENCE CORNER F7P = FOUND IRON PIPE 17/ = FOUND 5/B' IRON ROD FTRC = FOUND 5/8' IRON ROD & CAP FNTT = FOUND NA /L dY 77N TAB O.R.B. OFFICIAL RECORDS BOOK TEL = TELEPHONE PEDESTAL $PP = WOOD POWER POLE WV = WATER VALVE SCALE IN FEET GI MAP SE: 1 INCH et 40 FEET INTENDED DISPLAY SCALE 1 - DHV AS PER F.D.O.T. R/W NAP SECTION: 91070 -2s14, SHEETS 1 THROUGH 6 NORTH I/1 SECIION CORNER Of SECTION 22- 37 -35, FWD "2084 - END M000 PRIVACY FENCE ENO �� PRIVACY FENCE END C4AINLIN0 FENCE 0.15 STATE ROAD NO, 70 GRASS MEDIAN CURB At MI ER CURB t GUTTER BENCHMARK (.D.O.T. CONCRETE MONUMENT AND BRASS DISK STAMPED . BM 20P. EL 22.29• (0LV0 29) 5 0079'21" 23.0111. ) TRAFFIC SIGNAL 000 -- END MOOD PRIVACY FENCE 0.1' 5 VEST 365•(0 5 895211' W 37. (C) END WOOD PRIVACY FENCE END CNAINLNK FENCE WOO P• ACY FE 'STREET CROSSING' SILK F1RC -20/14' 0Nv PHV- S 9 °5211 1 W 361 .42115) SANITARY MANHOLE MPG •2084. CHAINUNK FENCE DI W DNV 2- 22 -37 -35 -0900- 00013 -A4400 ROYALS 0 K LUNCH. INC (UNPLATTED. SHOPPING PLAZA) PREPARED FOR THE EXCLUSIVE USE OF. CSW14 LLG MET STATOR CHAINUNK FENCE N 44 0541270 W 1 7.061(5) END CHAINUNK FENCE CATCH BA END 5000 PRIVACY FENCE END CHAINUNK FENCE F.C. 4.2' E. w 17 w m 7 0 CHOR R1001 1r wnv UNE FOR 5.0. N0. 70 AS PER r.0.0.T. R/w MAP 5ECT1aN. 91070-251T. SHEETS I THROUGH 6 0/0S1 BOUNDARY LINE 0' GOVERNMENT LOT 2 NEST LINE Of THE EAST. 1/2 Of SECTION 22-3,- 35 ENO 4.000 PRIVACY FENCE F.C. 0.7 E. 2-22-37-3 5- ❑ADD -DOD 1 1 -DODO TOTAL PARCEL CONTAINS ±2.70 ACRES (EXISTING TRAILER PARK, INTERIOR IMPROVEMENTS WERE NOT LOCATED AS PART OF THIS SURVEY) jSOUTH BOUNDARY U15 OF D.R.B. 209. P0. 151 \ `J. 4000 PRIV CY F NC - 000 ❑ m m 0 e, Z 2- 22- 37 -35- 09900 -00009 -0000 UNITED STATES POSTAL SER■BCE (UNPLATTED, POST OF710E) °MV- MPP 90000.0, PREVTHTER END x000 PRIVACY FENCE END CHAINUNK FENCE 0.2' E END ROOD PRIVACY FENCE END CHAINUNK FENCE -� F.C. •P EAST 3651±"10) N B9 54'36 E 373.63'(51 5w. CORNER Of O.R.B. 209. PG. 451 FIR (NO 1.D.) FNn 0.6'5, ez BOUNDARY & TOPO SURVEY 01/20/14 298/87 WC KAB DESCRIPTION DWG. DATE 1 FB /PG BY CK 5.�1.E 1v = 40' DRAWING NUMBER: 28007r SHEET 1 OF 1 LEGEND 0 -Set Iron Rod and Cap "KAB LS 4820" ■ -Found CM • -Found Iron Rod (and Cap) ® -Found Pipe (and Cap) ABBREVIATIONS • 8 =Baseline: BM- Benchmark; E =Centerline: C- Calculoled: CAN -CaOIC N; CM= Concrete Monument: CC/NC- Concrete; D =Deed; it-Delta or Central Angle; E -East; ELY. Easterly. E/P.Edge of Pavement; ESMT.Easoment: F.I.R. M. =Flood Insurance Rate Map; FND =Found: IP -Iron Poe; IR&(C),Iron Rod (and ID Cap); L -(Arc) Length; 1.1- Measured: MH- Manhole; N =North; N'LY=Northery. NGV(D)= National Geodetic Vertical (Datum) of 1929; NTS =Not to Scale O11W =Overhead Wires: Ti- Property Line: P =Plat; PC -Pont of Curvature: PCC =Paint of Compound Curvature; PCP= Permanent Control Point; POB =Pont of Beginning; PDC =Point of Commencement: PRC -Point of Reverse Curvature; PRM=Pumonenl Reference Monument; PT =Point of Tangency. PU &D =Public U(2itiy and Drainage: R=Rodlus; R/W =Right-ol -way. S- South; SLY -Southerly. T•Tangent: TEL =Telephone Splice or Switch Box; W -West; wLY =Westerly. UTIL =Utlity(iee); y%t=Spo1 Elevation hosed on indicated Datum. 2- 22- 37- 35 -0A00 -00012 -0000 MAYS. JANET (UNPLATTED. TRAILER PARK) F STANDARD NOTES - 1. No search of the puulic retards for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. 2. The survey depicted here Is prepared exclusively for those parties noted. 3. No responsibility or liability Is assumed by the surveyor for use by others not specifically named. 4. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper 14820. 5. There are no visible above ground encroachments except as shown. 6. No attempt wa3 mode to locate underground Improvements and /or encroachments (if any) as part of this survey. 7. This survey WES prepared In accordance with minimum technical standards established by the Florida Board of Surveyors nod Mappers (Chapter 61G17 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. 1 / L 0.7 N. orantr FENC FRC '2064" I TEL FN 1 /2" (NO IA.) 0.5' N. J TRADEWINDS SURVEYORS 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763 -2887 Fax: (883) 763 -4342 Email: kab.twps @yahoo.com Kenneth A. Breaux, Jr. (PSM 4820) Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Carrol Word Petition No.: 14-001-R Planning & Management Services, Inc. 137533, k4,im Strvet. Suilc 2.0o /WI l'4"ri4l;1 2.39 33'1-3.56(1 Serving Florida Local Governments Since 1 988 Staff Report Rezoning Request Applicant's Name: Carrol Word Petition No. 14 -001 -R .Genera friformatior< Owner Applicant Site Address Contact Person Contact Phone Number Contact Email Address Future Land Use Map Classification Zoning District Use of Property Acreage CSW 13, LLC 805 SE 3rd Court Okeechobee, FL 34974 Carrol Word 1080 SE 23rd Street Okeechobee, FL 34974 100 SE 10th Avenue Law Office of Glenn J. Sneider, LC 863 -467 -6570 frank @sneiderlaw.com Existing Single Family Residential RMH Mobile Home Park 2.565 acres Legal mescriptiOrtofSubject Property, Parcel Identification Number: 2- 22- 37- 35 -0A00- 00011 -0000 Proposed Commercial CHV Mixed Commercial uses 2.565 Acres Legal Description: A parcel of land lying in and comprising a part of government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S. E. 10th Avenue (formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right -of -Way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest center of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in the Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the Point of Beginning. Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 Serving Hui itla Local t:■o\'rrnments Since 19K5 Staff Report Rezoning Request Applicant's Name: Carrot Word Petition No. 14 -001 -R and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, FL Reques '. The matter before the Local Planning Agency and City Council is an application to rezone a 2.565 acre property located at 100 SE 10th Avenue from RMH to CHV. The property is concurrently being considered for an amendment to the Future Land Use Map from Single - Family Residential to Commercial. The property is and has been occupied by a Mobile Home Park for many years. The owner is requesting this rezoning to allow the property to be developed in commercial use. While the specific mix and scale of uses has not as yet been determined, this application envisions the possibility of some mix of retail and a restaurant. MdIacen iture i1,d..Use. 10 4CI ss fk at%rl rand ZOnhig 3 rstrictej North: Future Land Use Map Classification Zoning District Existing Land Use East: Future Land Use Map Classification Zoning District Existing Land Use: South: Future Land Use Map Classification Zoning District Existing Land Use West: Future Land Use Map Classification Zoning District: Existing Land Use: Scrviro. I ku nnwne 'in.%e It +Sti Commercial CHV Vacant Commercial CHV and RMF U. S. Post Office Single - Family Residential RMH Mobile Home Park Commercial CHV Shopping Center 2 Staff Report Rezoning Request Applicant's Name: Carrot Word Petition No. 14 -001 -R Analysisl';_' 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 Appli- cant has provided comment to each of the required findings. These are repeated below. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The Future Land Use Map changed to Commercial is consistent with the zoning change requested, and will enhance and provide rehabilitation to the property with its highest and best use." 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 designation from Single - Family to Commercial. Staff has recommended approval of the requested change to the FLUM. Consequently, if the Small Plan Amendment is approved, the rezoning will be consistent with the Com- prehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "It is anticipated that its specific use will be as a retail establishment which may include a restaurant and as such, the proposed use is consistent with and authorized for the request for zoning." Staff Comment: We agree. 3. The proposed use will not have an adverse effect on the public interest. "The proposed use will not have an adverse effect on the public use in that the surrounding uses of the other properties are commercial in nature and the proposed use is consistent with the surrounding properties." Staff Comment: We agree. Seo.in: I It,k a Lu ai tr,veran: env; Siam I9SS Staff Report Applicant's Name: Carro/ Word Rezoning Request Petition No. 14 -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. "See answer to Question number 3." Staff Comment: The following assessment was provided in the Staff Report on the related Small Plan Amendment, and is equally valid with regard to the requested rezoning. The property to the immediate east is the Post Office and the land to the immediate west is a retail shopping center, both of which are compatible with an likely uses to be placed on the property under a Commercial Future Land Use designation. The property to the north is vacant but carries a Future Land use designation of Com- mercial and is zoned CHV. Commercial use is also certainly compatible with this property. The property to the immediate south is presently a mobile home park with about 20 single -wide mobile homes. The property is also within the commercial corridor and, as with the subject parcel, the current use could be expected to convert to a more intensive use in the future, and either a Multi - Family or Commercial Future Land Use designation would be appropriate. 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. "See answer to Question number 3." Staff Comment: Staffs assessment of the compatibility of the requested rezoning with adjacent land use would support the opinion that the proposed use(s) will not adversely affect property values or living conditions. The replacement of a noncon- forming mobile home park will act to improve the likelihood that property values will be beneficially affected and improve the potential for redevelopment of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood "The proposed use is consistent with the uses us the surrounding properties and any development will be consistent with the surrounding uses as it relates to any nuisance or possible hazard." Staff Comment: There is nothing about the property that is so unique as to indicate that buffering, if needed, could not be accommodated. The only area likely to require special buffering would be the mobile home park to the south. This will be addressed during the site plan review. ti,rviI g I hxida 1.r II G,:,re rumen[ Sin n Ii?Sti Staff Report Rezoning Request Applicant's Name: Carrol Word Petition No. 14 -001 -R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "Since the use will be consistent with the surrounding uses there is no expectation in any increase in any public facilities." Staff Comment: Rezoning to commercial and subsequent development of commercial uses will not involve residential density and therefore will have no impact density patterns in the City, except to eliminate the current potential for residential use on the property. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Since the use will be consistent with the surrounding uses there is no expectation in any increase in any public facilities." Staff Comment: The following analysis of the likely impact upon public facilities was included in the Staff Report on the related Small Plan Amendment, and is equally valid with regard to the requested rezoning. Potable Water and Wastewater The Applicant has provided a letter from the Okeechobee Utility Authority (OUA) confirming that the Authority serves the property with both water and sewer. While some level of commercial development can certainly be served by the current water and sewer facilities available to the site, because the type and intensity of the uses to be developed on the parcel have not been determined, concurrency for full development of property cannot be guaranteed. When a site plan is submitted for review it will only be approved if OUA has the capacity to provide the needed level of water and sewer services. Roadways The City's adopted level of service standard (LOSS) for SR 70 and US 441/SR 7 is "C" and for local roads is "D ". Based on traffic analyses for nearby commercial development approved in recent years, it would appear that the level of traffic generated by development of the subject property is likely to impact both SR 70 and US 441/SR 7 to only a minor degree, perhaps as little as 5% of the traffic volume associated with level of service "C" for these roadways. SR 70, and US 441 south of SR 70 are presently operating at LOS "F ", the lowest LOS rating and far below the adopted LOSS of "C ". While the additional traffic gen- erated onto these roadways by the proposed project may be insignificant, the Applicant will need to provide a traffic impact analysis at the time of site plan review. This analysis should also include impacts on SE 10th Avenue. The results of these impact analyses may result in limitations on the intensity of development on the site. Srroin;; Floririn Local (;+:,ternment; Situe I� ?Kti Staff Report Applicant's Name: Carro/ Word Rezoning Request Petition No. 14 -001 -R Solid Waste The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other major 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. Drainage The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. Since the proposed uses are commercial and the prior long standing and current use was and is as a mobile home park, there will logically be no school children residing on the property and therefore a reduced impact upon school enrollment associated with use of this property. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "There is no knowledge of any restrictions that inherently burden the property." Staff Comment: We are unaware of any unnecessary restrictions that inordinately burdened the property. [to'dcmmertdatroi If the City approves the requested amendment to change the Future Land Use Category of the subject property from Single - Family Residential to Commercial, Staff recom- mends approval of the rezoning to CHV. Submitted by: Wm. F. Brisson, AICP March 6, 2014 Planning Board Hearing: March 20, 2014 Council Hearing (1st reading): April 1, 2014 Attachments: Future Land Use Map Zoning Map Aerial photograph with existing land uses Letter from Okeechobee Utility Authority tia•r�.in!, 17txida 1.t-1 i;rn-rrnments tim.o 19?;F Staff Report Rezoning Request Applicant's Name: Carro/ Word Petition No. 14 -001 -R FUTURE LAND USE SUBJECT SITE AND ENVIRONS S,E.6 Xt COM RE ENSE >E PLAN LAND USE SINGLE - 7;■i'!LY MULTI - FAMILY. COt ttviS CIAL INOUS ralAL ?U@LIC FACILITIES RESIO =4TL4L titXEO USE Svit'ing rturkla 1.:44.31 t:1 rrtments tiin.e lvit! ■ Subject Property Staff Report Rezoning Request Applicant's Name: Carrot Word Petition No. 14-001-R ZONING SUBJECT SITE AND ENVIRONS ZONING CD - COMM eijsmass 11111 cHv - HEAVY COMMERCIAL CLT LiGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE HOLDING - INDLISTRIAL PUB -PUBLIC FACILITIES FIJD-MIXED PUD-P. RMF RESIDENTIAL IMULTIFAM4Ll PMI4 RESIDENTIAL MOBILE HOME RI3F1 - RESIDENTIAL SINGLE FAMILY RSF2 - RE3IDENTIAL SINGLE FAMILY (21 Serving liotitta Local Governments Situ e 19SS Subject Property 8 Staff Report Rezoning Request Applicant's Name: Carrol Word Petition No. 14 -001 -R SUBJECT SITE AND ENVIRONS 5en'ing Florida 1.0c:41 (; :we'rnme t< Since VMS 9 Staff Report Rezoning Request Applicant's Name: Carrol Word Petition No. 14-001-R CIKEE,'CHOLIEE UTIUTY ALflH ORflY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 January 30, 2014 Bit: Address: 100 SE 10th Avenue Parcel ID; 2-22-37-35-0A00-00011-0000-12 To Whom it May Concern (863) 763-9460 FAX: (863) 763-9036 This letter will serve to verify that the OKEECHOBEE UTILITY AUTHORITY (OUA), services the above-referenced property with both water and sewer service. The mobile homes within the property are not individually metered but are serviced through a 2" master meter servicing the entire parcel. Please let me know should you have questions or require additional infomiation. Sincerely, Lyn imwe Office Manager, OUA rving F101 ida 1.0(.31 60% ernments Since 1988 10 CITY OF OKEECHOBEE FIRE DEPARTMENT AND COMMUNITY SUMMARY REPORT PPC (PUBLIC PROTECTION CLASSIFICATION) OR ISO (INSURANCE SERVICE OFFICE) EVALUATION CONDUCTED JULY 1ST, 2013 HISTORY In the last 20 plus years, the OFD has received 3 evaluations and multiple surveys: 1. A Class 4 rating was given to the department sometime around the mid - nineties. The rating was within a few points of being a Class 5. 2. The Class 4 rating continued after the next evaluation (around 2003) with the knowledge that the department was close to losing the Class 4 rating. Several factors contributed to this situation: including the quick growth of the community while the fire department remained status quo for the most part. The fact that the difference between Class 4 and Class 5 was only a few points or less was not helping the situation for the department. 3. The evaluation conducted recently in July 2013 proved to be the result of collective team work between OUA and the Fire Department. With the credit received from the ladder truck, response times, and the improved water source and services provided by OUA, the rating actually improved considerably enough to jump the Class up one level to Class 3. The firefighters have been diligent in meeting the requirements set by the ISO for specific areas such as testing of hose, equipment, engines, and many other requirements. This rating can be maintained with improvements made in the future with the aging equipment /vehicles within the fire department. The fire department shall take the report from ISO and begin implementing solutions into meeting requirements that we are not meeting at this time. The items mentioned within the report that we will address immediately are areas that will have minimal effect to the budget such as specific training requirements and certifications. The high impact items such as vehicles shall be part of the annual budget process. • February 24, 2014 The Honorable James Kirk, Mayor Okeechobee 55 SE 3 Ave Okeechobee, FL, 34974 RE: Okeechobee, Okeechobee Coun Dear Mayor Kirk: 4 B Eves Drive, Suite 200 P.O. Box 961 Marlton, NJ 08053 -3112 1856.985.5600 f 856.810.9065 We wish to thank you, Fire Chief Herb Smith and Mr. John Hayford for your cooperation during our recent Public Protection Classification (PPC) survey. ISO has completed its analysis of the structural fire suppression delivery system provided in your community. The resulting classification is indicated above. Enclosed is a summary of the ISO analysis of your fire suppression services. If you would like to know more about your community's PPC classification, or if you would like to learn about the potential effect of proposed changes to your fire suppression delivery system, please call us at the phone number listed below. ISO's Public Protection Classification Program (PPC) plays an important role in the underwriting process at insurance companies. In fact, most U.S. insurers — including the largest ones — use PPC information as part of their decision- making when deciding what business to write, coverage's to offer or prices to charge for personal or commercial property insurance. Each insurance company independently determines the premiums it charges its policyholders. The way an insurer uses ISO's information on public fire protection may depend on several things — the company's fire -loss experience, ratemaking methodology, underwriting guidelines, and its marketing strategy. PPC is important to communities and fire departments as well. Communities whose PPC improves may get lower insurance prices. PPC also provides fire departments with a valuable benchmark, and is used by many departments as a valuable tool when planning, budgeting and justifying fire protection improvements. ISO appreciates the high level of cooperation extended by local officials during the entire PPC survey process. The community protection baseline information gathered by ISO is an essential foundation upon which determination of the relative level of fire protection is made using the Fire Suppression Rating Schedule. vFisk =.; Insurance Solutions .44\1/4 AIR WORLDWIDE > <ACTWARE The classification is a direct result of the information gathered, and is dependent on the resource levels devoted to fire protection in existence at the time of survey. Material changes in those resources that occur after the survey is completed may affect the classification. Although ISO maintains a pro- active process to keep baseline information as current as possible, in the event of changes please call us at 1 -800 -444 -4554, option 2 to expedite the update activity. ISO is the leading supplier of data and analytics for the property/casualty insurance industry. Most insurers use PPC classifications for underwriting and calculating premiums for residential, commercial and industrial properties. The PPC program is not intended to analyze all aspects of a comprehensive structural fire suppression delivery system program. It is not for purposes of determining compliance with any state or local law, nor is it for making loss prevention or life safety recommendations. If you have any questions about your classification, please let us know. Sincerely, Vemew c Scutecuma Dominic Santanna (800) 444 -4554 Option 2 CM Encl. cc: Chief Herb Smith, Okeechobee Fire Department Mr. John Hayford, Director, Okeechobee Utility Authority Major Robert Peterson, Communications Manager, Okeechobee Police Department PRIOR TO OUR CHANGE PRESENT ISO RATING FOR FLORIDA COMMUNITIES 1140 121 104 6.0 4-0 IN RATING SCHEDULED FOR JUNE 2014 Florida 130 121 81 i Cass Cass Cass Cl.ass Cass Class Class Class Cl34% Ccasg Class 1 2 3 4 5 6 7 S 8B 9 10 OKEECHOBEE CITY FIRE DEPARTMENT IS INCLUDED IN CLASS 4 COMPARE TABLE TO THE ENTIRE UNITED STATES EXISTING RATINGS PRIOR TO OUR NEW RATING FOR JUNE 2014 Countrywide 14.000 1 2,000 10,000 L000 6,000 5,216 4,000 2.410 8.722 5.026 5,702 12,437 1.838 1,734 2,000 754 j 1,111 0 6-0 Class Class Class Class Class Class Class Class Class Class Class 1 2 3 4 5 6 7 8 56 5 10 COMPARE OUR DEPARTMENT TO THE OTHER CLASS 4 COMMUNITIES Background Information Introduction ISO collects and evaluates information from communities in the United States on their structure fire suppression capabilities. The data is analyzed using our Fire Suppression Rating Schedule (FSRSTM) and then a Public Protection Classification (PPCTM) number is assigned to the community. The surveys are conducted whenever it appears that there is a possibility of a classification change. As such, the PPC program provides important, up-to- date information about fire protection services throughout the country. The Fire Suppression Rating Schedule (FSRS) recognizes fire protection features only as they relate to suppression of first alarm structure fires. In many communities, fire suppression may be only a small part of the fire departments overall responsibility. ISO recognizes the dynamic and comprehensive duties of a community's fire service, and understands the complex decisions a community must make in planning and delivering emergency services. However, in developing a community's Public Protection Classification, only features related to reducing property losses from structural fires are evaluated. Multiple alarms, simultaneous incidents and life safety are not considered in this evaluation. 'The PPC program evaluates the fire protection for small to average size buildings. S cific ro rties with a Needed Fir, Flow in excess of 3,500 • •m are evaluated se•arate and , wined an individual_ classification. amewommomosionwasems A community's investment in fire mitigation is a proven and reliable predictor of future fire losses. Statistical data on insurance losses bears out the relationship between excellent fire protection — as measured by the PPC program — and low fire losses. So, insurance companies use PPC information for marketing, underwriting, and to help establish fair premiums for homeowners and commercial fire insurance. In general, the price of fire insurance in a community with a good PPC is substantially lower than in a community with a poor PPC, assuming all other factors are equal. ISO is an independent company that serves insurance companies, communities, fire departments, insurance regulators, and others by providing information about risk. ISO's expert staff collects information about municipal fire suppression efforts in communities throughout the United States. In each of those communities, ISO analyzes the relevant data and assigns a Public Protection Classification — a number from 1 to 10. Class 1 represents an exemplary fire suppression program, and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria. ISO's PPC program evaluates communities according to a uniform set of criteria, incorporating nationally recognized standards developed by the National Fire Protection Association and the American Water Works Association. A community's PPC depends on: D Needed Fire Flows, which are representative building locations used to determine the theoretical amount of water necessary for fire suppression purposes. D Emergency Communications, including emergency reporting, telecommunicators, and dispatching systems. D Fire Department, including equipment, staffing, training, geographic distribution of fire companies, operational considerations, and community risk reduction. > Water Supply, including inspection and flow testing of hydrants, altemative water supply operations, and a careful evaluation of the amount of available water compared with the amount needed to suppress fires up to 3,500 gpm. ©ISO Properties, Inc., 2013 Page 1 Data Collection and Analysis ISO has evaluated and classified over 48,000 fire protection areas across the United States using its Fire Suppression Rating Schedule (FSRS). A combination of meetings between trained ISO field representatives and the dispatch center coordinator, community fire official, and water superintendent is used in conjunction with a comprehensive questionnaire to collect the data necessary to determine the PPC number. In order for a community to obtain a classification better then a Class 9, three elements of fire suppression features are reviewed. These three elements are Emergency Communications, Fire Department, and Water Supply. A review of the Emergency Communications accounts for 10% of the total classification. This section is weighted at 10 points, as follows: • Emergency Reporting 3 points • Telecommunicators 4 points • Dispatch Circuits 3 points A review of the Fire Department accounts for 50% of the total classification. ISO focuses on a fire department's first alarm response and initial attack to minimize potential loss. The fire department section is weighted at 50 points, as follows: • Engine Companies 6 points • Reserve Pumpers 0.5 points • Pump Capacity 3 points • Ladder /Service Companies 4 points • Reserve Ladder /Service Trucks 0.5 points • Deployment Analysis 10 points • Company Personnel 15 points • Training 9 points • Operational considerations 2 points • Community Risk Reduction 5.5 points A review of the Water Supply system accounts for 40% of the total classification. ISO reviews the water supply a community uses to determine the adequacy for fire suppression purposes. The water supply system is weighted at 40 points, as follows: • Credit for Supply System 30 points • Hydrant Size, Type & Installation 3 points • Inspection & Flow Testing of Hydrants 7 points ©ISO Properties, Inc., 2013 Page 2 There is one additional factor considered in calculating the final score — Divergence. Even the best fire department will be less than fully effective if it has an inadequate water supply. Similarly, even a superior water supply will be less than fully effective if the fire department lacks the equipment or personnel to use the water. The FSRS score is subject to modification by a divergence factor, which recognizes disparity between the effectiveness of the fire department and the water supply. The Divergence factor mathematically reduces the score based upon the relative difference between the fire department and water supply scores. The factor is introduced in the final equation. Public Protection Classification Number The PPC number assigned to the community will depend on the community's score on a 100 -point scale: PPC Points 1 90.00 or more 2 80.00 to 89.99 3 70.00 to 79.99 4 60.00 to 69.99 5 50.00 to 59.99 6 40.00 to 49.99 7 30.00 to 39.99 8 20.00 to 29.99 9 10.00 to 19.99 10 0.00 to 9.99 The classification numbers are interpreted as follows: • Class 1 through (and including) Class 8 represents a fire suppression system that includes an FSRS creditable dispatch center, fire department, and water supply. • Class 8B is a special classification that recognizes a superior level of fire protection in otherwise Class 9 areas. It is designed to represent a fire protection delivery system that is superior except for a lack of a water supply system capable of the minimum FSRS fire flow criteria of 250 gpm for 2 hours. • Class 9 is a fire suppression system that includes a creditable dispatch center, fire department but no FSRS creditable water supply. • Class 10 does not meet minimum FSRS criteria for recognition, including areas that are beyond five road miles of a recognized fire station. ©ISO Properties, Inc., 2013 Page 3 Public Protection Classification ISO concluded its review of the fire suppression features being provided for Okeechobee. The resulting community classification is Class 03/09. If the classification is a single class, the classification applies to properties with a Needed Fire Flow of 3,500 gpm or less in the community. If the classification is a split class (e.g., 6/9), the following applies: ➢ The first class (e.g., "6" in a 6/9) applies to properties within 5 road miles of a recognized fire station and within 1,000 feet of a fire hydrant or alternate water supply. ➢ Class 8B or class 9 applies to properties beyond 1,000 feet of a fire hydrant but within 5 road miles of a recognized fire station. ➢ Alternative Water Supply: The first class (e.g., "6" in a 6/10) applies to properties within 5 road miles of a recognized fire station with no hydrant distance requirement. ➢ Class 10 applies to properties over 5 road miles of a recognized fire station. ➢ Specific properties with a Needed Fire Flow in excess of 3,500 gpm are evaluated separately and assigned an individual classification. Summary Evaluation Analysis FSRS Feature Earned Credit Credit Available Emergency Communications 414. Credit for Emergency Reporting 2.40 3 422. Credit for Telecommunicators 4.00 4 432. Credit for Dispatch Circuits 1.57 3 440. Credit for Receiving and Handling Fire Alarms 7.97 10 Fire Department 513. Credit for Engine Companies 4.76 6 523. Credit for Reserve Pumpers 0.41 0.50 532. Credit for Pump Capacity 3.00 3 549. Credit for Ladder Service 3.55 4 553. Credit for Reserve Ladder and Service Trucks 0.00 0.50 561. Credit for Deployment Analysis 7.79 10 571. Credit for Company Personnel 4.83 15 581. Credit for Training 2.46 9 730. Credit for Operational Considerations 2.00 2 590. Credit for Fire Department 28.80 50 Water Supply 616. Credit for Supply System 27.60 30 621. Credit for Hydrants 3.00 3 631. Credit for Inspection and Flow Testing 6.40 7 640. Credit for Water Supply 37.00 40 Divergence -6.98 1050. Community Risk Reduction 4.21 5.50 Total Credit 71.00 105.50 ©ISO Properties, Inc., 2013 Page 5 Fireae�gee�ia Fifty percent of a community's overall score is based upon the fire department's structure fire suppression system. ISO's field representative evaluated: Engine and ladder /service vehicles including reserve apparatus Equipment carried Response to reported structure fires Deployment analysis of companies Available and /or responding firefighters Training Basic Fire Flow The Basic Fire Flow for the community is determined by the review of the Needed Fire Flows for selected buildings in the community. The fifth largest Needed Fire Flow is determined to be the Basic Fire Flow. The Basic Fire Flow has been determined to be 3000 gpm. ©ISO Properties, Inc., 2013 Page 10 Earned Credit Credit Available 513. Credit for Engine Companies 4.76 6 523. Credit for Reserve Pumpers 0.41 0.5 532. Credit for Pumper Capacity 3.00 3 549. Credit for Ladder Service 3.55 4 553. Credit for Reserve Ladder and Service Trucks 0.00 0.5 561. Credit for Deployment Analysis 7.79 10 571. Credit for Company Personnel 4.83 15 581. Credit for Training 2.46 9 581. Credit for Operational Considerations 2.00 2 Item 590. Credit for Fire Department: 28.80 50 Basic Fire Flow The Basic Fire Flow for the community is determined by the review of the Needed Fire Flows for selected buildings in the community. The fifth largest Needed Fire Flow is determined to be the Basic Fire Flow. The Basic Fire Flow has been determined to be 3000 gpm. ©ISO Properties, Inc., 2013 Page 10 FSRS Item Earned . Credit Credit Available Emergency Reporting 414. Credit for Emergency Reporting 2.40 3 422. Credit for Telecommunicators 4.00 4 432. Credit for Dispatch Circuits 1.57 3 440. Credit for Receiving and Handling Fire Alarms 7.97 10 Fire Department 513. Credit for Engine Companies 4.76 6 523. Credit for Reserve Pumpers 0.41 0.5 532. Credit for Pumper Capacity 3.00 3 549. Credit for Ladder Service 3.55 4 553. Credit for Reserve Ladder and Service Trucks 0.00 0.5 561. Credit for Deployment Analysis 7.79 10 571. Credit for Company Personnel 4.83 15 581. Credit for Training 2.46 9 730. Credit for Operational Considerations 2.00 2 590. Credit for Fire Department 28.80 50 Water Supply 616. Credit for Supply System 27.60 30 621. Credit for Hydrants 3.00 3 631. Credit for Inspection and Flow Testing 6.40 7 640. Credit for Water Supply 37.00 40 Divergence -6.98 - 1050. Community Risk Reduction 4.21 5.50 Total Credit 71.00 105.5 Final Community Classification = 03/09 ©ISO Properties, Inc., 2013 Page 21 City of Okeechobee 55 SE 3'd Av Okeechobee FL 34974 -2932 *'" � Office of the City Administrator Brian Whitehall y Ph 863- 763 -3372 Fax 763 -1686 email: bwhitehall (iicitvofokeechobee.com * * * * * Memorandum * * * * * For April 1, 2014 TO: Mayor & City Council FR: Administrator Whiteha RE: Agenda Addition • Consider increasing the FDOT escrow contribution from $72, 112 (the original estimate) to the now bid - opened cost of $110,208.54_for crosswalk installation in conjunction with the 441/70 intersection project. Research: a. FDOT bid the project as a lump sum line item within the scope of the project general contract, which, in my opinion, adds to the cost b. FDOT indicated it's possible to reduce the scope of the work as a cost saving measure c. If the City bid the rest of the project later (everything but the intersection itself) would probably result in higher costs than the original est, due to the size of the project. Culpepper & Terpening rep indicated today that his orig concurrence of the orig est was based on a significantly sized Ft Pierce project. d. Financial feasibility — 'Current' cash position $913,000 This year's est income statement: Est revenue $642,000 Est Exp $675,000* Transfers to Gen Fund $398,000 Net <$431,000> *Ind $250k- asphalt program, Not incl $110,209- crosswalk (unbudgeted) Attachments: 1. Map of project area (3 pages) 2. Emails from 441/70 intersection FDOT proj mgr Amy Setchell, et.al, relaying the increased costs for the crosswalks (4 pgs) 3. Memo fr India Riedel, Fin Dir, abbreviating Gas Tax Fund budget (1 pg) 4. Public Fac Fund budget (2 pgs); Capital projects Improvements Fund budget (1 pg) (2) 3' SCH. 40 PVC SLEEVE PIPE LEGEND EXISTING TREE TO BE REMOVED EXISTING TREE TO BE PROTECTED IRRIGATION SLEEVE (SEE PLANS FOR SPECIFIC SIZES) INSTALL CONCRETE SIDEWALK WITH BRICK PAVERS BEHIND BACK OF CURB (SEE HARDSCAPE DETAILS ON LANDSCAPE PLAN (6)) NW 0 10 40 Feet 1111.0 !N NW ,.�.. a 51 ml R/W Ltne (2) 4' SCH. 40 PVC SLEEVE PIPE 52 53 B SURVEY 5R 70 54 SR 70 55 56 INSTALL 6' WIDE PATTERNED PAVEMENT PER PAY ITEM 523 -1 AND FOOT SPECIFICAT IONS, COLOR TO MATCH BRICK PAVERS, TYP. N89 °50'51 "E , (3) 4" SCH. 40 PVC SLEEVE PIPE �11r 1 R W Llne. I , SIGHT DISTANCE LINE' ,PER FDOT INDEX 546 (TYP.) CONSTRUCT TREE PROTECTION PER FOOT REVISIONS z (2) 4" SCH. 40 PVC SLEEVE PIPE INSTALL CONCRETE SIDEWALK WITH BRICK PAVERS BEHIND BACK OF CURB (SEE HARDSCAPE DETAILS ON LANDSCAPE PLAN (6)) DATE DESCRIPTION DATE DESCRIPTION NICHOLS LANDSCAPE ARCHITECTURE INC. 148 Whfeker R4., Suite A Lute, FL 33548 813.948.88100. 813.398.88901. wOIIo 8. 110S- I1.MrL CHI, R. Nichol,, RLA LA00015113 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO. COUNTY FINANCIAL PROJECT ID 70 OKEECHOBEE 425846- 1 -52 -01 LANDSCAPE PLAN (3) SHEET NO. 161 1560: 51esthe 10/11/2013 9:11:1/ A,I F.\PROIECF\ 51110/ 0S <15e46151014or,0sosP1NIL006.080 • AND SEALED UNDER RULE 61G70-II.00, a W 88 0 0 U 0 LEGEND EXISTING TREE TO BE REMOVED EXISTING TREE TO BE PROTECTED IRRIGATION SLEEVE (SEE PLANS FOR SPECIFIC SIZES) € SURVEY SR 15 (US 447) STA 59 +40.16, 102.86' LT. BEGIN CONCRETE SIDEWALK WITH BRICK TRIM 0 10 40 Feet INSTALL CONCRETE SIDEWALK WITH BRICK PAVERS BEHIND BACK OF CURB (SEE HARDSCAPE DETAILS ON LANDSCAPE PLAN (6)) STA. 58 +55.34. 97.26' LT. END CONCRETE SIDEWALK WITH BRICK TRIM R/W LIAR INTERSECTION: STA. 58 +97.94 SR 70 = 57 STA. 228 +21.45 SR 15 (US 441) 58 / \ ___ INSTALL 10' WIDE PATTERNED PAVEMENT / l ''1y __ PER PAY ITEM 523-1 AND FOOT SPECIFICATIONS. 9 1g SURVEYS SR 70 w 60 COLOR TO MATCH BRICK PAVERS, TYP. 50' 51" E N 89° 49' 26 SURVEY 5R 70 03 N (21.4 ". SCH. 40 PVC. \ SLEEVE PIPES w Line g SABAL MINOR EXISTING CHAMBER OF COMMERCE BUILDING SABAL MINOR INSTALL CONCRETE SIDEWALK WITH BRICK PAVERS BEHIND BACK OF CURB (SEE HARDSCAPE DETAILS ON LANDSCAPE PLAN (6)) STA. 226 +80.00, 40.66' LT. END CONCRETE SIDEWALK WITH BRICK TRIM SITE DISTANCE' LINE PER FOOT INDEX 546 (TYP.) 1 STA 226 +80.00. 40.17'RT. BEGIN CONCRETE SIDEWALK WITH BRICK TRIM LINE LANDSCAPE PLAN (5) E REVISIONS DATE DESCRIPTION DATE DESCRIPTION NICHOLS LANDSCAPE ARCHITECTURE INC. 146 Whitaker R4.. Suite A Lutz, FL 33549 913.948.8610 8. 813.398.88901. www.nl.Mle -la. Cella R. Nichols, , RL RL A LA0001518 STATE OF FLORIDA DEPART.11E.1T OF TRAA.SPORTATION ROAD NO. COUNTY FINANCIAL PROTECT 10 70 OKEECHOBEE 425846- 7 -52 -0I LANDSCAPE PLAN (4) SHEET NO. 162 05E0 5,1.79. 9/2//20I3 10:31:30 A. 1.7300JEC15571101 00 41534615201\/a00ita�PUWt001.009 ECTRONIC FILE SIGNED ANO SEALED UNDER RULE 6IG10.11.011, LEGEND EXISTING TREE TO BE REMOVED EXISTING TREE TO BE PROTECTED IRRIGATION SLEEVE (SEE PLANS FOR SPECIFIC SIZES) STA. 66 +93.68 END PROJECT END TREE REMOVAL 3RD AVENUE (2) 4" SCH. 40 PVC SLEEVE PIPE INSTALL CONCRETE SIDEWALK WITH BRICK PAVERS BEHIND BACK OF CURB (SEE HARDSCAPE DETAILS ON LANDSCAPE PLAN (6)) • SIGHT DISTANCE LINE PER FOOT INDEX 546 (TYP.) STA 66 +06,92, 27,66' LT. END HARDSCAPE: CONCRETE SIDEWALK WITH BRICK TRIM AT BACK OF SIDEWALK I. 3 ee R/W Line • (2) 4" SCH. 40 PVC SLEEVE PIPE X11 62 N 'I R 4 N 89° 49' 26" E 63 SR 70 B SURVEY SR 70 64 65� INSTALL 6' WIDE PATTERNED PAVEMENT PER PAY ITEM 523 -1 AND FOOT SPECIFICATIONS, COLOR TO MATCH BRICK PAVERS, TYP. 66 67 CRAPE CRAPE 6' HT CRAPE 3' HT. • RAPE- 6' -HT. — pIW Une /W Line 4" SCH. 40 PVC MAIN LINE SLEEVE PIPE (2) 4" SCH. 40 PVC SLEEVE PIPE INSTALL CONCRETE SIDEWALK WITH — BRICK PAVERS BEHIND BACK OF CURB (SEE HARDSCAPE DETAILS ON LANDSCAPE PLAN (6)) STA 66 +25,57, 50.57' LT. END HARDSCAPE: CONCRETE SIDEWALK WITH BRICK TRIM AT BACK OF SIDEWALK 5E 3RD AVENUE STA, 71+46.00 END CONSTRUCTION i� '!I Inr REVISIONS DATE DESCRIPTION DATE DESCRIPTION NICHOLS LANDSCAPE ARCHITECTURE INC. 146 Whitaker R4., Sults A Lutz, FL 33549 813.9483810 0. 813.398.88901. www.N6hols4a.cotn Celle R. Nkhols, RLA LA0001518 STATE OF FLORIDA DEPARTMENT OF TRAASPORTATION ROAD NO. COUNTY FINANCIAL PROJECT ID 70 OKEECHOBEE 425846-1-52-01 LANDSCAPE PLAN (5) SHEET NO. 163 USE N: Sarul9s 9FIr /10IJ 10.32.32 AN r. \YNOJECI\51110F0\4158J6 1 5101 slon0S,P \PLNILD080GN NOTICE: THE OFFICIAL RECORD OF THIS SHEET 15 THE ELECTRONIC FILE SIGNED AND SEALED UNDER RULE 6IGIL.11.011. Brian Whitehall From: Setchell, Amy [Amy.Setchell @dot.state.fl.us] Sent: Tuesday, April 01, 2014 3:40 PM To: Brian Whitehall Cc: dallen @cityofokeechobee.com; Robin Brock ; 'India Riedel'; ' karen .miracola @dot.state.fl.us'; Ingle, Kevin Subject: RE: T1570 - 425846 1 52 01/425846 1 52 02 Brian, As part of the roadway plans and project, it can't be separated out and rebid. The only changes we can accommodate are to revise the limits of the work to reduce the cost or to remove it from the plans entirely. Amy From: Brian Whitehall [mailto:bwhitehall @cityofokeechobee.com] Sent: Tuesday, April 01, 2014 3:28 PM To: Setchell, Amy Cc: dallen @cityofokeechobee.com; Robin Brock ; 'India Riedel'; ' karen .miracola @dot.state.fl.us'; Ingle, Kevin Subject: RE: T1570 - 425846 1 52 01/425846 1 52 02 Amy - The reason I requested additional information in my 3/31/14 email below was so that I could determine how (or if) FDOT was handling the bid methodology in such a fashion as to protect our cost - saving interests. Ya know, simply incorporating a line item in a much larger bid for the GC to simply subcontract and take a profit margin naturally inflates the price. I'm guessing that that is the case here. Our interest as the entity that is inevitably responsible for the cost is not represented. The crux is - can the line item be rebid, as a separate biddable item that would possibly reduce the cost? I know this approach will be discussed at tonight's meeting. Thanks! Brian From: Setchell, Amy [ mailto :Amy.Setchell @dot.state.fl.us] Sent: Tuesday, April 01, 2014 9:01 AM To: Brian Whitehall Cc: Miracola, Karen; dallen @cityofokeechobee.com; Robin Brock ; 'India Riedel'; Ingle, Kevin Subject: RE: T1570 - 425846 1 52 01/425846 1 52 02 Brian, The work for the patterned crosswalks is part of the roadway project. The cost of the work was included by the general contractor for the cost of the entire project. I've attached their bid sheet for this line item. The unit price did increase from the original estimate. There is still time to make a revision to the limits of this work, should the Council vote to remove some of the patterned crosswalks to lower the cost. FDOT has awarded the project to Ranger Construction and is in the process of procurement with them. I would estimate that you will be seeing folks on site in the May /June timeframe and possibly utility contractor's sooner. Thank you, Amy Setchell, P.E. Project Manager FDOT District 1 1 801 N. Broadway Ave. Bartow, FL 33830 P:(863)519 -2609 Email: Amy.Setchell @dot.state.fl.us From: Brian Whitehall [ mailto: bwhitehall @cityofokeechobee.com] Sent: Tuesday, April 01, 2014 7:15 AM To: Setchell, Amy Cc: Miracola, Karen; dalien@cityofokeechobee.com; Robin Brock; 'India Riedel' Subject: RE: T1570 - 425846 1 52 01/425846 1 52 02 Good morn Amy - I had a cpl of other thoughts that I wanted to explore prior to the Council meeting tonight. • I can't tell by the cutsheet below as to what the unit price is. The original estimate was based on a unit price of $104.51/sq yd ($72,112 based on 690 sq yds). By deduction I'm estimating the bid price was just under $160 /sq yd. As I mentioned below, at the time of the original maint contract discussion we investigated the $104 price and found it to be comparable to other projects. • As there is significantly more MOT concerns at the intersection itself, perhaps the Council would entertain doing the intersection at the unit price and consider doing the rest of the project at a later date. I know it seems foolish to follow a new project with a tear out and new installation and I'm sure the City will be impugned to some extent, but we are really having an affordability issue here. ...look forward to your input. Brian From: Brian Whitehall [ mailto: bwhitehall @cityofokeechobee.com] Sent: Monday, March 31, 2014 2:38 PM To: 'Setchell, Amy' Cc: 'India Riedel'; dallen @cityofokeechobee.com; Robin Brock ; 'karen.miracola @dot.state.fl.us'; Lane Gamiotea Subject: FW: T1570 - 425846 1 52 01/425846 1 52 02 Good afternoon Amy- I noticed you were forwarded the below email which reflects a 50% +/- increase in the crosswalk costs previously at $72,112. Prior to the City finally agreeing to proceed with the crosswalk improvement staff investigated a cpl of other sources and discovered that the unit price was pretty much indicative of the cost it was going to be...which gave the City a better sense for approving the expense. The 'cut sheet' below has bid # 42584615202 at $110,208.54. In contemplating what the City expects to do - Was this a separate bid (I believe that was supposed to be the case)? Or, was it simply a separate line item in the GC's bid? If a separate bid, were there multiple bidders? Is it possible to get a detail of the bids rec'd by the State for this (sidewalk) project? As far as that goes, would it be possible for the City to obtain a complete line item bid tab for the intersection project. Also, do you have an updated project timeline? I've had numerous inquires about the project. I understand completely that, prior to bidding, the City was advised that the escrowed amount was simply an estimate and that the City would be required to match the final bid numbers. And it's been explained to me more than once that it is irrelevant to FDOT as to whether the crosswalks are installed or not. But our limited budget is an overriding variable that makes this decision even more difficult now. 2 I have to defer the acceptance of the bid price to the City Council at tomorrow's meeting, but would appreciate any other information you can supply that might assist me in conveying the facts of the project bids. As always, thanks for your efforts. > • 11/ Administrator City of Okeechobee (863) 763 -3372 ext: 212 fax: (863) 763 -1686 E -Mail: bhitehall (a�cityofokeechobee.com Website: http: / /www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Miracola, Karen [mailto: Karen .MiracolaPdot.state.fl.us] Sent: Monday, March 31, 2014 1:33 PM To: Brian Whitehall Cc: Setchell, Amy; Perez, Tamara; Bateman, Judy Subject: FW: T1570 - 425846 1 52 01/425846 1 52 02 Brian, As noted below, bids are in and the cost for city's work requested is $110,208.54. I need to know if the city still wants to proceed? If yes, how soon can funds be forwarded to the department? Thanks, Karen Karen A. Miracola District One LFA/JPA Coordinator District One EDTF Coordinator Florida Department of Transportation Southwest Area Office located @ Southwest Interagency Facility for Transportation (SWIFT) 10041 Daniels Parkway Fort Myers, FL 33913 Office: (239) 225 -1972 Fax: (239- 338 -2353 karen. miracoladot. state.fl. us From: Bourbois, Jennifer Sent: Friday, March 28, 2014 3:58 PM To: Buckley, Terry; Douberley, Sharon D Cc: McAuliffe, Sean Subject: T1570 Importance: High Please add the additional funds for the upcoming award below that is due by April 6th to meet the April 7th deadline. If there is additional federal authorization to be requested, please do so and expedite. 3 District Number Number Job x'01 T1570 '42554615201 r42584615202 F425S46156CI1 Thank you, Notes UD Jennifer Bourbois Funds Management Accountant Office of Comptroller — Financial Management Office Florida Department of Transportation 605 Suwannee St. Tallahassee, FL 32399 850 - 414 -4274 DOTNet 880 -4274 Bid Amount ' 4 r r 52,796,0050.72 r Breakout 52,670,995.45 r S1100,21J8.54 r S14,846.73 r 52,796,050.72 Contingency Ca 549,180.001' 50.00 -- $320.00 City of Okeechobee Memo April 1st, 2014 To: Brian Whitehall, City Administrator From: India Riedel, Finance Director Subject: Synopsis of Rev & Exp and available cash w/I Public Facility Fund. Balance Sheet through March 2014 is attached. The City's contractual Services of Mowing and sweeping are tracking as expected along with the FPL utility charges for Street and Traffic signal lighting. Items within the budget also included but not expended as of yet: • the sign replacement @ $20,000, additional radio for truck @ $7,000 as well as the emergency lights for it as well as the dump trucks, (total $4,000 est). • Within the Improvement expense line item the initial 2013 -14 budget is $350,000. • Specifically mentioned within this category; $250,000 for an Asphalt program; $100,000 for sidewalks. • With the approval of the MOT with FDOT regarding the crosswalks, $72,112 was sent to FDOT for the estimated cost. • With the possible addition of $38,097 (total FDOT request, $110,208.54). Year to date receipted revenues within the Public Facility fund have been as expected. With the reminder the budgeted revenues are very close to what are anticipated at the end of year is year, so the margin of error is smaller. Roll forward dollars within the Public Facility Fund include monies not expended from last year on an asphalt program as well as other dollars not expended. At the end of the year maintenance operations within the Gen Fund are reviewed for allocation purposes for the transfer of Public Facility monies. The current year budget for the transfer is $398,000. 55 SE Third Avenue, Okeechobee, FL 34974 (863) 763 -3372 / (863) 763 -1686 Fax 1 $ 883,941 I $ 266,089 I $ 874,851 I $ 442,902 I Public Facility Fund -301 City of Okeechobee Proposed 2013 -2014 Budget Public Facility Fund (Transportation) 2011/2012 ACTUALS 2012/2013 Budget 2012/2013 ESTIMATES 2013/2014 Proposing F/Y BEGINNING FUND BALANCE $ 825,769 $ 648,780 $ 883,941 $ 874,851 REVENUES 301- 313.4100 LOCAL OPTION GAS TAX $ 336,731 $ 320,725 $ 322,390 $ 321,240 301 - 313.4200 LOCAL ALTER, FUEL USER FEE $ 216,086 $ 200,490 $ 203,530 $ 200,860 301 - 335.1220 SRS EIGHT CENT MOTOR FUEL $ 74,746 $ 64,508 $ 71,606 $ 66,401 301- 312.3000 NINTH CENT FUEL TAX $ 60,797 $ 48,009 $ 54,728 $ 50,500 301 - 335.4100 MOTOR FUEL TAX REBATE $ 3,092 $ 1,800 $ 2,892 $ 1,950 301 - 361.1000 INTEREST EARNINGS $ 809 $ 600 $ 606 $ 600 301 - 369.1000 MISCELLANEOUS $ 10,000 $ - $ - $ - TOTAL REVENUES 702,261 636,132 655,752 641,551 EXPENDITURES 301 - 549.3100 PUBLIC FAC.- PROFESSIONAL SER. $ - $ 2,500 $ - $ 2,000 301 -549 -3400 PUBLIC FAC. CONTRACTUAL SERVICE $ 58,629 $ 65,000 $ 60,382 $ 57,500 301 -549 -4300 PUBLIC FAC. UTILITIES $ 72,677 $ 85,323 $ 71,259 $ 87,000 301 -549 -4609 REPAIR & MAINTENANCE $ 6,951 $ 13,000 $ 8,896 $ 16,500 301 -549 -4909 MISC -PARK HOLIDAY LIGHTS $ 1,133 $ 2,500 $ 1,610 $ 2,000 301 -549 -5300 PUBLIC FAC. ROAD & MATERIALS $ 10,897 $ 85,000 $ 46,500 $ 70,000 301 -549 -6300 PUBLIC FAC. IMPROVEMENTS $ 7,107 $ 350,000 $ 60,250 $ 350,000 301 - 549.6302 PUBLIC FAC. BEAUTIFICATION $ 1,134 $ 2,500 $ 2,450 $ 5,000 301 - 549.6400 PUBLIC FAC. MACHINERY & EQUIP $ 167,861 $ 15,000 $ 15,495 $ 85,500 TOTAL EXPENSES $ 326,389 $ 620,823 $ 266,842 $ 675,500 Transfer to General Fund I $ 317,700 I S 398,000 I $ 398,000 I $ 398,000 IF /Y ENDING FUND BALANCE Workbook for 1st Public Hearing Page 24 City of Okeechobee Proposed 2013 -2014 Budget PROPOSED FISCAL YEAR (2013 -2014) DETAIL 3400 Decrease due to drop in street sweeping annual contract price $ (7,500) 4300 charged to city due to FPL error $ 1,500 4609 Trash Cans for Park $ 2,500 Irrigation Upgrads to Butterfly Garden $ 1,000 5300 Repair of roads /canal cleanup, /etc. Sign Repair/Replacement, Increased $10,000 to meet new retro reflectivity $ 20,000 standard deadline ROW Drainage $ 10,000 R &M Roads /Culverts $ 15,000 Storm water infiltration repair $ 15,000 Storm Water Ditch Maint Adjustments $ 10,000 6300 Asphalt program, $ 250,000 6300 Sidewalks originally, $70,000 increased by $30,000 $ 100,000 6400 New Public Works Director Truck $ 32,000 Replacement of 1 ton Utility Diesel dually Truck $ 43,000 Radio for new PWD Truck $ 7,000 GPS Field Data Collection device $ 3,500 Workbook for 1st Public Hearing Page 25 City of Okeechobee ;�,�Proposed CAPITAL PROJECTS IMPRO :U 131 14 Budget IF/Y BEGINNING FUND BALANCE 2011/2012 ACTUALS 2012/2013 Budget 2012/2013 Estimate 2013/2014 Proposing S 6,974,068 S 6,734,208 $ 6,743,508 S 6,484,214 REVENUES 304 - 383.0000 304 - 364.1000 304 - 361.1000 304 - 369.1000 CAPITAL LEASE PROCEEDS $ - $ - $ - $ - DISPOSITION OF FIXED ASSETS $ 327,400 $ 252,000 $ 285,600 $ 257,400 INTEREST EARNINGS $ 6,700 $ 5,500 $ 7,300 $ 5,500 MISCELLANEOUS $ - $ - $ - $ - TOTAL REVENUES $ 334,100 $ 257,500 $ 292,900 $ 262,900 EXPENDITURES 304 -549 -3100 Professional Services $ 50,000 5,000 $ 25,000 304 -512 -6400 ADMINISTRATION CAPITAL $ 500 1,000 1,000 1,000 304 -513 -6400 FINANCE CAPITAL $ 950 1,200 1,200 1,500 304 -519 -6400 GENERAL SERVICES CAPITAL $ 3,650 11,000 $ 25,766 38,500 304 -521 -6400 LAW ENFORCEMENT CAPITAL $ 49,972 $ 50,272 $ 18,626 $ 24,100 304 - 522.6400 CAPITAL VEHICLE PURCHASE $ 389,467 $ 361,970 $ 364,295 $ 357,500 304 -522 -6400 FIRE PROTECTION CAPITAL $ 15,160 $ 24,632 7,816 14,750 304 -541 -6400 PUBLIC WORKS CAPITAL $ 11,901 9,021 304 -549 -6401 PARKS CAPITAL IMPROVEMENT $ 50,000 304 - 584.6400 FUTURE CAPITAL PROJECTS 304 - 2512 -6400 CLERK CAPITAL $ 6,000 $ 6,000 5,000 304 - 584.7100 PRINCIPAL $ 41,919 304 - 584.7200 INTEREST $ 2,467 TOTAL EXPENDITURES S 521,986 S 509,095 S 429,703 $ 517,350 TRANSFER IN FROM GENERAL FUND TRANSFER IN FROM FORMER CAPITAL PROJ Budget to Budget $ 5,400 $ 5,400 $ (25,000) $ 300 $ 27,500 $ (26,172) $ (4,470) $ (9,882) $ (9,021) $ 50,000 $ 5,000 $ 8,255 TOTAL TRANSFER IN TRANSFER OUT TO Other Funds $ - $ - $ - $ 42,500 TRANSFER OUT TO GENERAL FUND $ 42,674 $ 568,580 $ 122,491 $ 681,320 TOTAL TRANSFER OUT $ 42,674 $ 568,580 $ 122,491 $ 723,820 ASSIGNED FUND BALANCE (FUTURE CAPITAL PROJECTS) $ 300,000 $ 300,000 $ 300,000 TOTALASSIGNED FUND BALANCE $ - $ 300,000 $ 300,000 $ 300,000 $ - F/Y ENDING FUND BALANCE I$ 6,743,508 $ 5,914,033 I $ 6,484,214 I $ 5,505,944 Workbook for 1st Public Hearing Page 30 The Updates! from the City Administrator's Desk 55 SE 3rd Av., Okeechobee, FL 34974 City Council meeting of April], 2014 • 441/70 intersection project — Last Thur, Mar 26 was suppose to be the bid opening date for the project. The City rec'd several contractor inquires over the last few weeks, most of which were simply relayed on to FDOT. • Parking lot downtown — As you are aware, the City continues to experience a bit of an overcrowded parking issue downtown. On the one hand, it's good to see the activity, but it's certainly creating a cumbersome issue. I'd like to investigate the acquisition of the empty 50 X 142.5 lot at the intersection of SW Park & SW 4th Av (where the Christmas trees were sold). I know it's not a solution to a bigger parking problem but it could be a piece to the puzzle and the lot now serves as nothing more than a cavity on our downtown store front area. • 2014 Legislative appropriation requests — I've worked w/ Dale Milita to submit projects to our legislators for this year's session: 1. Complete the Storm water retrofit.conveyance (canal demuck) at an est cost of $254, 444 2. Commence bank improvements at the Taylor Creek Park area. The bank has eroded and will result in stabilization of same - $195,556 City Atty: • Former Police Officer Larry Parzygnat filed a grievance for his employment termination and the 3/13/14 Grievance Committee findings were to uphold the termination. Again, as per Ch 7 of the Pers Code, Mr. Parzygnat is given the opportunity to appeal the Committee findings to the Council and the City rec'd a letter (attached) that he intends to do just that. Unfortunately, Mr. Parzygnat's representative isn't able to attend the this meeting. You will be provided a thorough report, including the recording of the 3 +/- hour meeting prior to having to hear the grievance. • FDOT / Hamrick litigation — If I have time I will update this bullet before the packets go out but I have a meeting all day Friday in Boca on Community Redevelopment Agencies (CRAs). On Thurs., Mar 27, Atty Cook and I are to meet w/ our Atty Weaver and reps from the Hamricks and FDOT at City Hall to discuss the litigation. • Barbara Mills, 406 NW 5th St, nuisance property resolution — At the Mar 18th meeting the Council voted to proceed w/ foreclosure on about $20k in fines after Atty Cook was unable to secure a Judgment in order to gain access to the property to abate the weed nuisance. Fire & Code Enforcement: • ISO (Insurance Services Office) recently conducted a comprehensive Public Protection Classification survey. Chief Smith shared his excitement w/ me on the results of the ISO findings and wants time on the Agenda to give you a report. Page 1 4/1/14 Activity Rpt Cont'd (Fire & Code Ent) • Fire Dept bldg bathroom supplies /remodel grant from Charmin — (notified you via email of the following) Earlier this month Fireman Mike Skipper applied to Charmin's "Home away from Home" program which started last year when the Charmin company discovered that the City of Detroit, facing incredible financial hardship, made their fire Dept employees pay for the own toilet tissue. Mike's application was successful (Charmin picked one FD in each State) and we've subsequently rec'd 960 rolls of toilet paper. No sooner had we rec'd notice that we were successful on that grant, we rec'd notification that our department would be receiving a remodel of our bathrooms, courtesy of Charmin corp...according to Skipper, only 5 nationally were chosen for this make over. General Services / Planning Board • Ord #1109 — (1st Rdq on Agenda) — to change the FLUM from Single Fam Residential to Commercial for the 2.656 acre parcel at the south side of the 100 block of SE 10th Av. as approved by the Planning Board at the 3/20/14 meeting. • Ord # 1110 — (1st Rdq on Agenda) — to change the zoning from RSF -1 to CHV -Heavy Commercial for the same parcel, owned by Carrol Word Public Works: • Canals demucking grant funded ($250k) project —SE Storm water conveyance (canal demucking). Everything leads to getting this project underway within the next week. As of this report date, equipment continues to be staged at the Taylor Creek park site. Submitted the Mar 31 quarterly report to FL DEP. Notice to proceed was on December 16 and they executed it on Dec 18. TSI has until Sep 16, 2014 to complete the project. • 441 median landscaping — We met w/ 6 (six) contractors at a 3/26/14 pre - bid meeting, but only 2 (two) have picked up a bid packet so far. We had a productive but uneventful discussion. I mentioned to you before that the City is going to have a difficult time meeting the deadline for completion of the 441 grant funded landscape project, producing the proposed timeline in my last report. In the 2013 Notice to proceed the deadline is 6/30/14 and it states in that doc that the City needed to notify the FDOT 90 days in advance if it's expected that the deadline might be in jeopardy. So, while it's hard to tell this far in advance, I thought it was safer to request the deadline extension and attached, find a copy of the letter I sent to FDOT. (Just rec'd a preliminary email indication that the 1 month extension is approved) • City median landscaping — Nothing to report except spoke to Mark Goodbread again last week and they are finally excavating trees. As I may have mentioned to you before, both Mark and Brad indicated it's better to set the trees aside for a week or two before replanting them vs immediate transplant. Page 2 End.... Executive Board John Kazanjian PBSO President Ernest W. George Retired -WPBPD Executive Director Richard McAfee PBSO Vice - President Lou Penque WPBPD Treasurer Kevin Igo PBSO Secretary Greg Allen Palm Beach Gardens PD Sgt.-at-Arms PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. 2100 N. Florida Mango Road • West Palm Beach, FL 33409 -6400 • (561) 689 -3745 • (561) 687 -0154 Fax www.pbcpba.org March 20, 2014 Sent by Email Transmission and Regular U.S. Mail Lane Earnest - Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, FL 34974 Re: Ofc. Parzygnat Dear Ms. Earnest - Gamiotea: As you are aware Officer Lawrence Parzygnat's was terminated from the Okeechobee Police Department. Pursuant to Chapter Seven of the Personnel Policies and Procedures, Officer Parzygnat was permitted to appeal that termination to the Grievance Committee. On Thursday, March 13, 2014 Officer Parzygnat appeared before the Grievance Committee. The committee unanimously recommended upholding the decision of the Chief of Police. In accordance with the policies of the City of Okeechobee, Officer Parzygnat is requesting that his appeal now be heard by the City Council. Thank you for your consideration. If you have any questions please feel free to contact me. Red (/ ully, Ral o h E. King, I I I Legal ; upset_ RK/cl Enclosure ECopy: John Kazanjian, President PBA Member The Voice of Palm Beach County's Law Enforcement Brian Whitehall City of Okeechobee Office of the City Administrator March 21, 2014 Marlon Bizerra, PE, District Environmental Engineer Mike Schulte, RLA, District Highway Beautification Council Grant Coordinator FLORIDA DEPARTMENT OF TRANSPORTATION PO Box 1249 801 N Broadway Avenue Bartow FL 33831 RE: Deadline Extension Request — from June 30 to July 31, 2014 Okeechobee Main St / City of Okeechobee 2012 -2013 FHBD Grant FPID# 433826- 1 -74 -01 Contract# AR092 SR 15 /SR 700 (US 98 /US 441) (fr SW 28th ST (Wolf Rd) to SR 70) Begin MP: 1.371 to End MP: 3.134 Okeechobee County Dear Mr. Bizerra, Okeechobee Main Street and the City of Okeechobee are eagerly awaiting the completion of the above mentioned streetscape project. As you probably know, over the last few months we have confirmed and entered into an Engineering /Landscape Architect contract, developed plans that have been presented and finally approved by the Boards within budget constraints, made modifications based on jurisdiction issues and other simultaneous projects and received FDOT final approval. That process has squeezed our agencies into a timeline that is marginally doable, understanding contractor compliance issues. We've scheduled a contractor's mandatory pre -bid meeting for March 26th and expect to open bids on April 9th. The rest of the tentative timeline is as follows: 4/9/14 to 4/11/14 — April 15 — 4/16/14 to 4/21/22 By Apr 22 10AM- Jun 20 - Jun 30 - apparent low bid contractor info solicited and Eng recommendation letter submitted to City City Council award — successful contractor info solicited Pre - construction meeting - Contract executed and Notice to Proceed issued work completed and inspected, punch list complete FDOT mandatory final project closeout. 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2932 • (863) 763 -3372 • Fax: (863) 763 -1686 Page 2 of 2 March 20, 2014 FDOT Marlon Bizerra, PE, District Env Engineer Mike Schulte, District Landscape Arch FHBD Grant FPID# 433826- 1 -74 -01 Contract# AR092 SR 15 /SR 700 (US 98 /US 441) Okeechobee County Your letter /Notice to Proceed dated 9/25/13 mentions that if there is difficulty meeting the 6/30/14 deadline, we are to notify your office a minimum of 90 days prior to that expiration date, or March 30th. Understanding some of the complexities associated with the bidding /award process and the time constraints that we have tentatively incorporated, we can quickly surmise that we are faced with practical difficulties that may compromise the deadline. After speaking with Mike Schulte, and with his recommendation to reduce this to writing, it is with the above in mind that we herein request a thirty -one (31) day deadline extension so that the project can be appropriately closed by July 31, 2014. We, again, want to take this time to express our appreciation for your efforts in this very public, much anticipated project. Maureen Burroughs , Presider Okeechobee Main Street 55 S Parrott Avenue Okeechobee FL 34974 es E. Kirk, Mayor ity of Okeechobee 55 SE 3rd Avenue Okeechobee FL 34974 Robin Brock ri1 pop' po ' J From: Mariah Parriott - Chamber Administrator <info @okeechobeebusiness.com> Sent: Tuesday, April 01, 2014 12:08 PM To: Mariah- Chamber CSA Subject: Upcoming Grand Openings You Are Invited to a Grand Opening I. •44, • Penrod Constructions Company ':• Thursday, April 3, 20'14 9:00 AM + Penrod is located at — 210 NE 3rd Ave. aaitated'bv: Chamber of Commerce of Okeechobee County , and Corer Penrod ❖ There will be a Ribbon Cutting and a great tune! See you There' RSVP is greatly Appreciated giber of.Commerce AIM 4 1 You Are Invited to a Grand Opening! + Abney Budding & Consulting, Inc. + Thursday, April 10, 2014 9:00 AM + Abney is located at — 210 NE 3rd Ave. •••-• FaCilitated'br Charnber of Commerce of Okeechobee County , and Wes A.bney +-There will be a Ribbon Cutting and a great time! See vou There! RSVP is greatly Appreciated Chamber of Commerce (1 liY(11)1.111)11 j Mariah Parriott, CSA to Antoinette Rodriguez Customer Service Administrator Chamber of Commerce of Okeechobee County 55 S Parrott Ave, Okeechobee, FL 34974 Office: 863-467-6246 www.OkeechobeeBusiness.com Partner in Florida's Research Coast & Florida's Heartland Regional Economic Development Initiative 1rrLet1",rot &,a,,1 Chamber of Commerce akeecidge Couin:y F1-11KED Rigarch Coast